01/23/1989 - Regular - MinutesPort Orchard, Washington
January 23, 1989
Council of the City of Port Orchard, Washington called to regular
session by Mayor Leslie J. Weatherill. Councilmembers present:
Clauson, Childress, Powers and Smith. Councilmen Wilson, Geiger
and Grable absent (excused page 1, paragraph 4). Staff present:
City Attorney McCluskey, Deputy Clerk Thomas, City Treasurer
Miller, City Engineer Curles, Fire Chief Snow and City Clerk
Hower.
Councilman Powers led the audience and Council in the Pledge of
Allegiance.
On motion by Councilman Clauson, seconded by Councilman Smith,
Council approved the minutes of the January 9, 1989 meeting as
circulated.
Councilman Clauson moved to excuse Councilmen Wilson, Geiger and
Grable from the Council meeting due to illness, seconded by
Councilman Smith and carried.
City Clerk Hower read proclamation declaring February 19-25, 1989
as National Engineers Week.
On motion by Councilman Clauson, seconded by Councilman Powers,
Council unanimously concurred with Mayor Weatherill proclaiming
February 19-25, 1989 as National Engineers Week.
City Engineer Curles outlined proposed Interlocal Agreement for
Water Supply between the City of Bremerton and the City of Port
Orchard.
Councilman Clauson moved to authorize the Mayor to sign
Interlocal Agreement for Water Supply between the City of
Bremerton and the City of Port Orchard, seconded by Councilman
Smith and carried.
City Engineer Curles updated Council on status of negotiations to
exchange a drainage easement, on property at the corner of Tracy
and Lawrence, as authorized at the December 12, 1988 City Council
meeting.
Mayor Weatherill opened Public Hearing scheduled for 7:45 PM
regarding application for zone reclassification as submitted by
Brian Horch and David Herbold to rezone property located on the
east side of Mitchell, approximately 215 feet north of Lincoln
Avenue in the 2200 block (County address grid) from Residential
Low to Commercial General. LEGAL DESCRIPTION - Attachment "A".
City Engineer Curles outlined location and proposed usage of
subject property.
Mayor Weatherill called for public input in favor of or against
the zone reclassification from Residential Low to Commercial
General as requested by Horch/Herbold.
Brian Horch, petitioner, requested approval of the zone
reclassification of Residential Low to Commercial General and
availed himself to answer questions from the Council.
As no additional input was received from the public, Mayor
Weatherill closed Public Hearing and referred proposed zone
reclassification from Residential Low to Commercial General as
submitted by Brian Horch and David Herbold to Council for
consideration.
January 23, 1989
Page Two
On motion by Councilman Powers, seconded by Councilman Clauson,
Council adopted Planning Commission Resolution No. 113-88
(Attachment "B") with Findings of Fact and Conditions as their
own (deleting conditions 4, 7 and 8) and approved the rezone
application as submitted by Brain Horch and David Herbold,
reclassifying property located on the east side of Mitchell,
approximately 215 feet north of Lincoln in the 2200 block (County
address grid) from Residential Low to Commercial General.
Mayor Weatherill called for recess with meeting to reconvene at
8:20 PM.
Mayor Weatherill presented a Claim for Damages submitted by South
Kitsap Parks Association requesting relief from ULID No. 1
assessments (Account Nos. 36240110172004, 36240140012006 and
36240140032004) in the sum of $35,000 this year and $4,092.75
each year thereafter.
City Attorney McCloskey recommended the Council deny the South
Kitsap Parks Association Claim because the ULID No. 1 protest
period is long past and by state law the City can not consider
assessment reductions.
Rick Gross, attorney representing South Kitsap Parks Association,
requested Council consider waiving penalties and interest on the
ULID assessments.
Bob Oke, Chairman of the South Kitsap Parks Association, read
letter addressed to City Council requesting (1) a waiver of
penalty charges of $3,570.51; (2) a freeze on the account for a
period of six months during which no additional interest or
penalties would be levied. In return, the South Kitsap Parks
Board would agree to insure payment of current account by August
17, 1989; (3) that the City of Port Orchard draft a letter in
support of the Park Board efforts in convincing the Department of
Natural Resources they are responsible for this ULID assessment;
(4) the City work with South Kitsap Parks Association to develop
this 200 acre site into a pleasant family park.
City Attorney advised Mr. Oke the City cannot waive interest or
freeze the account by explaining the City is regulated by state
statute and is responsible to the bond holders.
John Earl, Treasurer of the South Kitsap Parks Association, asked
for City support of their request for DNR to pay the ULID
assessment.
Ernest Eksten urged cooperation between the City of Port Orchard
and South Kitsap Parks Association in resolving the ULID No. 1
assessments to expedite development of the park.
Based on City Attorney's recommendations, Councilman Clauson
moved to deny Claim for Damages as submitted by South Kitsap
Parks Association seeking relief from ULID No. 1 assessments in
the sum of $35,00.00 this year and $4,092.75 each year
thereafter, seconded by Councilman Childress and carried.
Councilman Clauson requested South Kitsap Parks Association and
the City continue to seek a resolution to avoid foreclosure
action.
January 23, 1989
Page Three
Mayor Weatherill introduced Notice of Intent to Petition for
Annexation as submitted by Michael L. Dick and Richard E.
Jacobsen. (001-89) LEGAL DESCRIPTION: Situated in Kitsap
County, Section 25, Township 24N, Range 1 East. Beginning at the
southwest corner of the NE 1/4, SE 1/4, SW 1/4, thence north 90
feet, thence west 295 feet, thence North 150 feet, thence West to
the east margin of Mitchell Avenue; thence southerly along said
east margin to the centerline of State Road 160; thence east
along said centerline to extended centerline of vacated right of
way CJ 14-320; thence south to south margin of State Road 160;
thence east along said south margin to the west margin of Karcher
Road; thence north to the west margin of Retsil Road, thence
north along west margin of Retsil Road to the north boundary of
the SW 1/4, SW 1/4, SE 1/4 thence --west along said north boundary
to the point of beginning.
1) On motion by Councilman Clauson, seconded by Councilman
Smith, Council approved acceptance of Petition for Annexation
into the City of Port Orchard as presented by Michael L. Dick
and Richard E. Jacobsen.
2) On motion by Councilman Clauson, seconded by Councilman
Smith, Council required the simultaneous adoption of a
Comprehensive Plan Designation for property as described.
3) On motion by Councilman Clauson, seconded by Councilman
Smith, Council required all properties included in the
proposed Michael L. Dick and Richard E. Jacobsen Annexation
assume their share of existing City indebtedness upon
annexation.
Mayor Weatherill introduced Notice of Intent to Petition for
Annexation as submitted by Richard E. Jacobsen and Glennys
Gehring. (003-89) LEGAL DESCRIPTION Attachment "C".
1) On motion by Councilman Clauson, seconded by Councilman
Smith, Council approved acceptance of Petition for Annexation
into the City of Port Orchard as presented by Richard E.
Jacobsen and Glennys Gehring.
2) On motion by Councilman Clauson, seconded by Councilman
Smith, Council required the simultaneous adoption of a
Comprehensive Plan Designation for property as described in
Attachment "C".
3) On motion by Councilman Clauson, seconded by Councilman
Smith, Council required all properties included in the
proposed Richard E. Jacobsen and Glennys Gehring Annexation
assume their share of existing City indebtedness upon
annexation.
Mayor Weatherill introduced Notice of Intent to Petition for
Annexation as submitted by Michael L. Dick. (002-89) LEGAL
DESCRIPTION: Situated in Kitsap County, Washington, Section 36,
Township 24N, Range 1E, That portion of tract 11, East Port
Orchard described as follows: Beginning at the southwest corner
of said tract, thence S81*09'54"E 10.59 feet to the beginning of
a curve to the right having a radius of 350 feet thru an angle of
27*20'52", thence southeasterly along an arc of said curve 167.06
feet, thence S53*49'02"E 77.94 feet, thence N17*31'17"E 252.28
feet thence N72*28'43"W 258.26 feet to the east margin of
Mitchell Road; thence along said margin S17*31'17"W 155 feet,
thence continue along said margin S08*50'06"W 60.24 feet to Point
of Beginning. Plus that portion of Mitchell Road north of
Lincoln Avenue and adjacent to said tract.
January 23, 1989
Page Four
1) On motion by Councilman Clauson, seconded by Councilman
Powers, Council approved acceptance of Petition for
Annexation into the City of Port orchard as presented by
Michael L. Dick.
2) On motion by Councilman Clauson, seconded by Councilman
Powers, Council required the simultaneous adoption of a
Comprehensive Plan Designation for property as described.
3) On motion by Councilman Childress, seconded by Councilman
Clauson, Council required all properties included in the
proposed Michael L. Dick Annexation assume their share of
existing City indebtedness upon annexation.
City Engineer Curles reported letters of interest in 810 Bay
Street building have been received from the following four
organizations: Kitsap Community Action Program; Kitsap Mental
Health Services; Kitsap Sexual Assault Center and AGAPE
Unlimited.
Barbara Day Miller, Administrator for AGAPE, Unlimited, gave a
brief history of her program and expressed interest in renting
810 Bay Street.
On motion by Councilman Powers, seconded by Councilman Smith,
Council requested the four agencies (Kitsap Community Action
Program; Kitsap Mental Health Services; Kitsap Sexual Assault
Center and AGAPE Unlimited) submit proposals regarding 810 Bay
Street within two weeks .
Vouchers audited and certified by the auditing officer (City
Clerk) as required by RCW 42.24.080 and those expense
reimbursement claims certified as required by RCW 42.24.090 have
been recorded on a listing and made available to the Council.
Councilman Clauson moved to approve payment of those vouchers as
follows: Claim Warrant No. 11447-11492 in the total amount of
$184,285.97, seconded by Councilman Smith and carried.
On motion by Councilman Clauson, seconded by Councilman Smith,
Council authorized the City Engineer to finalize and proceed with
negotiations to acquire sewer utilities easements in the vicinity
of Sidney and Pottery Avenue.
On motion by Councilman Clauson, seconded by Councilman Smith,
Council instructed the City Engineer to advise Harold B. Coe that
the City is no longer interested in negotiating an easement
across the rear of his property at 802 Bay Street.
On motion by Councilman Clauson, seconded by Councilman Smith,
Council authorized Fire Chief Snow to proceed with amendment of
the City of Port Orchard Emergency Operations Plan.
Meeting adjourned at 9:40 PM.
-City Clerk Mayor
January 23, 1989
HORCH/HERBOLD CO., INC.
ATTACHMENT "A"
LEGAL DESCRIPTION
SW 1/4, SECTION 36, TOWNSHIP 24 NORTH, RANGE I EAST; The
Westerly 173 feet of the Plat of East Port Orchard, Tract 11
described as follows: Beginning at the Southwest corner of
Tract 11, thence North 8*50'06" E along the East margin of
Mitchell Road a distance of 60.24 feet; thence North
17*31'17" E 155 feet to the True Point of Beginning; thence
South 72*28'43" E 493.26 feet to a point on a curve whose
radius point bears North 86*31'56" E 210 feet; thence turning
through an angle of 21*22'10" run northeasterly along the arc
of said curve 78.32 feet; thence North 17*54'06" E 105.30
feet to the beginning of a curve to the right having a radius
of 305.00 feet and turning through an angle of 34*59'36";
thence Northeasterly along the arc of said curve 186.29 feet;
thence North 72*28'43" W 564.85 feet to the east margin of
Mitchell Road; thence along said east margin S 9*14'08" W
197.80 feet; thence S 17*31'17" W 160.74 feet to the true
point of beginning and that portion of Mitchell Road lying
between the West margin of Mitchell Road and the above
described Tract.
j�NUARY 23, 1989
ATTACHMENT "B"
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 113-88
A RESOLUTION BY THE PORT ORCHARD PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL -
LOW TO COMMERCIAL GENERAL_ ON THE BELOW ❑ESCRIBED
PROPERTY, LOCATED ON THE EAST' SIDE Of MITCHELL,
200 FEET NORTH OF LINCOI..N, AS REQUESTED BY BRIAN
HORCH/DAVID IIERBOLD, CO. INC.
LEGAL DESCRIPTION: SW 1/4, Section 36, Township 24 North, Range 1 East; The
Westerly 173 feet of the Plat of East Port Orchard, Tract 11 described as
follows: Beginning at the Southwest corner of Tract 11, thence N 8*50'06" E
along Elie East margin of Mitchell Road a distance of 60.24 feet; thence N
17*31'17" E 155 feet to the Tate Point of Beginning; thence S 72*28143" E
493.26 feet to a point on a curve whose radius point bears N 86*31,56" E 210
feet; thence turning through an angle of 21 *22' 10" run Northeasterly along the
arc of said curve 78.32 feet thence N 17*54106" E 105.30 feet to the beginning
of a curve to the right having a radius of 305.00 feet and turning through an
angle of 34*59136"; thence Northeasterly along the arc of said curve 186.29
feet; thence North 72*28143" W 564.85 feet to the East margin of Mitchell Road;
thence along said East margin S 9*14108" W 197.80 feet; thence S 17*31,17" W
160.74 feet to the True Point of Beginning, and that portion of Mitchell Road
lying between the the West margin of Mitchell Road and the above described
tract.
WHEREAS, the applicants have requested a zone reclassification from Residential -
Low to Commercial General in order to construct an office complex, and
WIiEREAS, a SEPA checklist has been submitted and received a determination of
nonsignificance, and
WHEREAS, a public hearing was held on 19 December 1988 and that the Planning
Commission considered the findings of facts, the testimony and material presented
at the hearing, and
WHEREAS, the property is located in the area of the Bethel Road Corridor which is
rapidly changing from residential neighborhood into a commercial corridor, and
WHEREAS, on 26 September 1988 the City Council designated the property as
Commercial -General on the Comprehensive Plan Map in conjunction with the
annexation of the property into the City of Port Orchard, and
WHEREAS, the neighborhood is in transition from residential to commercial, the
Planning Commission has specified eight conditions of approval in order to
mitigate any anticipated negative impacts of the proposed rezone, and
WHEREAS, the applicants have agreed to comply with the recommended conditions of
approval.
WE THEREFORE FIND: that the proposed project is consistent with the development
trends in the neighborhood and will not be detrimental to existing uses.
CONCLUSION: Based on the findings of facts, the testimony and materials presented
at the public hearing, we therefore conclude that a zone reclassification to
Commercial General, would be in harmony with the general purposes and intent of
the zoning ordinance and comprehensive plan.
BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby
respectfully requests that the City Council approve a designation of Commercial
General on the above described property, subject to the following conditions of
approval:
1. That the project be required to hook onto City water and sewer if and when it
becomes available.
2. That agreements, concomitant with the rezone, be signed and recorded,
securing the City the right to construct and assess for; a sewermain, water -
main with hydrants and road improvements needed to mitigate the impacts of
the commercial development.
3. That
landscaping
shall
be installed which
shall include a landscaped buffer
along
the north,
south
and west (front)
property boundaries. The buffer
shall
consist of
a two
foot raised berm,
five foot wide at minimum.
4. FiaF#ep�ieat�-ea�ta�-inter-a-laAdsca.{�u�g-mairitenaric�ag�enienL-Dlsuae
lea �- �a-i�.su-ram- esta }af.isl��r�.t-a� -tl�. �aruiscaµin g.
5. The buildings proposed on the northeast and southeast corners of the property
be relocated to provide access from all sides by roof ladders. As per fire
department requirement. -
6. That the proposed detention pond be fenced.
7. Tbat--the -applicants enteLlatAa �gr�e�uet�� car-ina�ia ezaauc�� starmllrainage
8. 'Tha-t-4oiflE--ae-eass-t &4wgQt-iat-eEl-w.i&L own��.o.f-t-ie_adjaceru-p.rcLpeu3r-wL-1 he
-so utli- zo- -fa ei4i+ a-E-e- -fu-t-u+e- a-P d -k-"- t-ie- -n-w uvg T-
of _ c sses _pn t�
-Ali-�elfiel I--F�o$.�I.
PASSED this 19th day of December 1988
CITY OF PORT ORCHARD
PLANNING COMMISSION
O. Join llo anson, Chairman
ATTEST:
Ruth Strube, Secretary
January 23, 1989
RICHARD E. JACOBSEN
GLENNYS GEHRING, PETITIONERS
ATTACHEMNT "C"
LEGAL DESCRIPTION:
Situated in Kitsap County, Washington, Section 36, Township 24N,
Range 1E.
Commencing at the northeast corner of the southeast 1/4 of the
NW1/4 of Section 36, thence N89*18'56"W 345.90 feet to the point
of beginning which is also the northwest corner of the Overlook
Plat as recorded in Volume 12, Page 5, Kitsap County Book of
Plats; thence S12*12'02"W 176.22 feet; thence N89*18'56"W 53.89
feet; thence along a curve with a radius of 178.41 feet southeast
and arc 16*29'43" for a length of 51.36 feet; thence S12*12'02"W
939.13 feet; thence S23*10'02"E 67.45 feet; thence S7*12'30"E
206.48 feet to the northwesterly margin of Harding Avenue; thence
southwesterly 275.33 feet along said margin; thence N29*10'53"W
162.40 feet to the centerline of Section 36; thence westerly
along said centerline to the west margin of Garfield Court;
thence southerly along the west margin of Garfield Court to the
east margin of Jefferson Avenue; thence northerly along the east
margin of Jefferson Avenue to the west margin of Mitchell Raod;
thence northerly along the west margin of Mitchell Road to the
centerline of Melcher Street; thence S 89*19'01"E to the point of
beginning, except that portion of Garfield Court within the above
described area.