10/28/1985 - Regular - MinutesOctober 28, 1985
Port Orchard, Washington
Council of the City of Port Orchard, Washington, called to
regular session by Mayor Leslie J. Weatherill. Council -
members present: Clauson, Childress, Wilson, Geiger, Miller
Grosso and Grable. Also present: Attorney McCluskey, Police
Chief Mathews, City Engineer Curles, Fire Chief Snow, City
Clerk Hower and Administrative Assistant Thomas.
Councilman Childress led the audience and Council in the
Pledge of Allegiance.
On motion by Councilman Grosso and seconded by Councilman
Clauson, Council approved the minutes of the October 14, 1985
meeting as distributed with the following correction:
page three, paragraph 11, line l should read, "On motion by
Councilman Geiger, ..."
Paul Dour, Kitsap County Engineer addressed the Council request-
ing two reserved parking spaces on Division Street near Kitsap
County Public Works Building.
Councilman Grosso moved to approve two reserved parking spaces
on Division Street near Kitsap County Public Works Building, for
use by County laboratory -testing equipment vehicles, seconded
by Councilman Geiger and carried with 6 ayes and 1 nay. Council-
man Wilson voting nay.
On motion by Councilman Grosso, seconded by Councilwoman Miller,
Council accepted Claim for Damages submitted by Scott Anders
and authorized reimbursement in the amount of $65.96 for damage
sustained to tire.
Mayor Weatherill opened Public Hearing regarding appeal to Planning
Commission recommendation of a Comprehensive Plan Map Designa-
tion for land annexed by Ordinance No. 1308 (Dow, et al).
(Legal Description - Attachment "A")
Councilman Childress asked to be excused due to conflict in interest
and removed himself from Council table.
City Engineer Curles outlined proposed Comprehensive Plan Map
Designations as follows: West and North side of Old Clifton
Road would be designated "Industrial"and the South and East
side of Old Clifton Road would be designated as "Residential -
High" and city property bordering the annexation would remain
designated as "Green -Belt."
Mayor Weatherill called for public input in favor of deter-
mination of Comprehensive Plan Map Designation for land annexed
by Ordinance No. 1308.
Norman Olson, representing property owners, Red Lumsden and
Tom Shearer, presented a map of the subject area and stated
their land would be appropriate for an industrial use zone.
Red Lumsden, 11250 Ridge Rim Trail, owner of 40 acre gravel pit,
spoke of the potential uses of the land.
October 28, 1985
Page Two
Tom Shearer, owner of 74 acres withinthe boundary of the land
being discussed, expressed concern regarding negative aspects
of residential designation because of limited access to property
and close proximity to freeway.
Orval Bray, 1436 S.W. Cook Road, spoke in favor of the Comprehensive
Plan Map Designation of Industrial stating numerous permits,
inspections and high ecology standards protect the environment.
Errol Dow, representing William Brown, Blackstock Family, and
himself stated the redesignation to industrial for property
located south of City reservoir would be the highest and best
interest of Kitsap County. He also was concerned with the
closeness of the freeway and noted lack of other industrial
business in the City. The location is good for access and
would create the opportunity for new jobs. Mr. Dow stated they
are also concerned with the environment and pollution that
could evolve and would in any event adhere to regulations and
have a project which people in this area could live with in
harmony.
Mayor Weatherill called for further impact in favor of the
proposed Comprehensive Plan Designation.
Mayor Weatherill called for public input opposed to the proposed
Comprehensive Plan Map Designation for land annexed by Ordin-
ance No. 1308.
Martin Mittet, attorney representing S.K.R.A.M. objected to the
proposal to change the Comprehensive Plan Map Designation to
Industrial as this is a major land use action which will signi-
ficantly impact the environment and urged the Council to address
the environmental issues which have been overlooked.
William Havens, 3353 Anderson Hill, who has filed an appeal to
the Planning Commissions recommendation for the Comprehensive
Plan Designation, gave a brief outline of the history of the
area property owners and reiterated his objections to industrial-
ization.
Thomas Chapman, 3850 Franway Lane, requested explanation of what
proceedings are about and asked the Council to explain what. the
proposed Comprehensive Plan Map is. Councilman Geiger gave a
brief history of the Comprehensive Plan in the City of Port Orchard.
Debbie Enyeart, 1661 Hanson, stated the change to the Comprehensive
Plan is unnecessary, unplanned and does not follow guidelines
that have been set up for growth. She quoted from the South
Kitsap subarea Comprehensive Plan with reference to definitions
of Comprehensive Plan. She voiced concern of long-term plans for
the City.
Mayor Weatherill called for recess to reconvene at 9:45 P.M.
Larry Durfey, 3427 Anderson Hill Road, requested the meeting be
adjourned because of lack of space for public and stated the
remaining people opposed to the Comprehensive Plan need time to
reorganize their material since rezone is not the issue of this
Council meeting. Mr. Durfey voiced concern on the traffic on
Old Clifton Road. He submitted a petition for the record of
people opposed to the Comprehensive Plan.
October 28, 1985
Page Three
Larry Croix, 3989 Lieski Lane, opposed to the Comprehensive
Plan stated "the people do not want industry."
Mayor Weatherill declared Public input portion of Hearing closed.
Councilman Grosso moved to refer the Comprehensive Map Plan
Designation proposed for property annexed by Ordinance No. 1308
back to the Planning Commission for further testimony and study,
seconded by Councilwoman Miller and carried.
Mayor Weatherill called for recess with meeting to reconvene at
10:25 P.M.
Mayor Weatherill opened Public Hearing regarding proposed joint
City/County Community Development Block Grant to renovate
Arnold Avenue and Retsil area residences.
City Engineer Curles gave a brief outline of the proposed
Community Development Block Grant. The grant would be used
to renovate and rehabilitate the Restil and Arnold Avenue
neighborhoods.
Mayor Weatherill called for public input. No response from the
public received.
Councilwoman Miller moved to adopt Resolution No. 1410, approving
application for Community Development Block Grant and authorize
Mayor to sign applicable grant application, seconded by Council-
man Grable and carried.
Mayor Weatherill reopened Public Hearing regarding application
submitted by Roland and Roland requesting a change to the
Comprehensive Plan and a Zone Reclassification to Commercial
General for property located in the Southwest corner of.Sedge-
wick and SR 16 which was continued from October 14, 1985
Council meeting to hear testimony of City Engineer.
City Attorney McCloskey advised the audience that at the Public
Hearing on Roland and Roland's application for a Comprehensive
Plan Change and a Zone Reclassification held at the City Council
meeting October 14, 1985, Councilman Grosso left the room briefly
missing a portion of the hearing. Councilman Grosso listened to
the recorded hearing on October 16, 1985. City Attorney asked
if anyone objected to Councilman Grosso continuing to sit on
this matter. No objection received to Councilman Grosso sitting
on Council for this hearing.
City Attorney McCluskey reported Councilpersons Wilson and
Childress were absent from October 14, 1985 Council meeting.
They both have listened to tape of Public Hearing on Roland and
Roland application for a Comprehensive Plan Change and a Zone
Reclassification and reviewed accompanying materials. It is
their intention to sit on continued Hearing and vote, unless
anyone objects to their sitting on Hearing. No objections
received to Counciipersons Childress or Wilson sitting on this
hearing.
October 28, 1985
Page Four
City Engineer reported he has listened to recorded tapes of
Public Hearing held October 14, 1985. He recommended that if
Council approved this Comprehensive Plan Change and Zone Reclass-
ification there be conditions; briefly addressing categories of
storm water, water availability for fire flow, road improvements,
road illumination, traffic signal, access to property, (stating
Dogwood Road not adequate) installation of fence as visual barrier.
to residential area, landscaping and sewer system/septic system.
Mayor Weatherill called for additional Public input in favor of
application submitted by Howard Roland and Robert Roland request-
ing a change to the Comprehensive Plan and a Zone Reclassification
to Commercial General for property located in the Southwest corner
of Sedgewick and SR 16.
Frederick A. Kegel, representing Roland and Roland, responded to
questions concerning but not limited to access, water system,
sewage, road improvements and development plans.
Phil Grey, owner of Grey Chevrolet, spoke in favor stating his
employees and the public need the related services. This is a
natural area of growth being an intersection and discussed the
potential revenues to the City.
Mayor Weatherill called for public input opposed to the application
submitted by Roland and Roland.
Gary Chrey, attorney representing Mrs. Glennys R. Gehring and the
Estate of Robert A. Gehring, Sr., spoke concerning offsite utility
improvements, urging Council to specify what will happen and impose
responsibility on developer. He stated he would like to participate
in the forming of the Ordinance to ensure the same approach will be
used as with the South Kitsap Mall.
Alice Cruzan, 548 Dogwood Road, expressed concern regarding access
to Dogwood Road and also that the project is too close to Blackjack
Creek which could have an effect on the spawning migration of the
salmon.
Mary Dreessen, 4848 Glenwood Road, voiced concern with increased
traffic flow in the area.
Phyllis Miller, 538 Dogwood Road, stated she does not want develop-
ment in backyard and is not interested in what the development has
to offer.
Jerry Walsh, Dogwood Road, concerned with fire flow, no definite
plans for the mall, urged Council to vote no.
John Sundahl, 504 Sidney Avenue, spoke concerned with the potential
sewer lines and storm drains in the area.
Jim Carmichael, voiced concern that proponents do not have a plan
put together, potential increased traffic flow, ingress and egress
and out-of-date EIS study on the area.
Richard Gehring, property manager for South Kitsap Mall stressed
the City should demand this new mall be put on a sewer line.
October 28, 1985
Page Five
Dick Harty, 788 Deeplake Road, likes the rural area.
Mayor Weatherill declared public input portion of Hearing closed.
Mayor Weatherill called for recess to reconvene at 12:20 A.M.
Councilman Grosso moved to approve the change in Comprehensive
Plan and a Zone Reclassification to Commercial General for pro-
perty located in the Southwest corner of Sedgewick and SR 16 with
the conditions of approval proposed by Engineer Curles (see
Attachment "C"), modifying 6B to reflect 3 year start up and 5
year completion, a bond for completion and developer pay all fees
and assessments, seconded by Councilman Grable and carried.
Councilman Geiger moved�t Ana end Ma�io rEt �equi4r ,gndr� to
insure compliance with^ �o� VtT`8nsj, seconded by oucncilman
Grosso and carried. 0t+�(3
Councilman Grosso moved to further amend motion to require
final site plan be approved by the Council, seconded by Council-
man Geiger and carried with 5 ayes and 2 nays. Councilmembers
Childress and Miller voting nay.
Original motion twice amended to approve the Comprehensive Plan
and a Zone Reclassification to Commercial General for property
located in the Southwest corner of Sedgewick and SR 16 including
the conditions of approval as proposed by City Engineer Curles
(6B modified 3 year start up and 5 year completion)(see Attach-
ment "C"); to require bonding to insure compliance with all
conditions and that final site plans must have Council approval,
carried with 6 ayes and 1 nay. Councilman Geiger voting nay.
Councilman Clauson moved to adopt Planning Commission Finding of
Fact and make integral part of Council approval of Comprehensive
Plan Map Change and Zone Reclassification as requested by Roland
and Roland for Southwest quadrant of Sedgewick Interchange,
seconded by Councilman Grosso and carried.
Councilman Grosso moved to approve the Conditional Land Use
Permit for existing trailers at Animal Shelter site, as requested
by Delores Barringer, Fin, Fur and Feathers, for a period of one
year, to be reviewed by Council, seconded by Councilman Grab.le
and carried.
Councilman Grable moved to adopt Ordinance No. 1325 establishing
Fire Lanes, providing enforcement and establishing penalties,
seconded by Councilman Geiger and carried.
Councilman Geiger moved to allow the City Treasurer to expand
the Burroughs Computer disk and charge to the U.L.I.D. fund,
seconded by Councilman Grosso and carried.
Councilman Geiger moved to deny proposal to amend Animal Control
Ordinance as submitted by Roger Childress, Kitsap County Humane
Society, seconded by Councilman Clauson and carried.
REVISED 11/5/85
October 28, 1985
Page Six
Councilman Geiger requested the City Attorney draft a new
animal control ordinance for Council consideration amending
Section 7.12.010;020;030;040;050;060; of the Port Orchard
Municipal Code establishing a.lifetime dog license;free for all
spade and neutered dogs; $25.00 fee for unaltered dogs; establish-
ing exemptions for dogs owned by senior citizens; and setting
forth revised policies on animal control.
Vouchers audited and certified by the auditing officer (City
Clerk) as required by RCW 42.24.080, and those expense reimburse-
ment claims certified as required by RCW 42.24.090, have been
recorded on a listing and made available to the Council.
On motion by Councilman Geiger, seconded by Councilman Clauson,
Council unanimously approved payment of those vouchers as follows:
(Claims) Warrant No. 6225-6279, in the total amount of $45,918.55.
Councilman Grosso moved to allow West Company Construction to
locate a temporary construction trailer on City property where
the dump area is with rent being $150.00 per month, seconded by
Councilman Clauson and carried.
Councilwoman Miller moved to authorize the Mayor to sign the
City/County supplemental agreement for the Tremont/Sidney traffic
light intersection, seconded by Councilman Clauson and carried.
Councilman Clauson moved to authorize the Mayor to sign the
contract with Kramer, Chin and Mayo for plan, construction,
design administration of the sludge dewater facility, upon
approval of the City Attorney and Department of Ecology,
seconded by Councilman Geiger and carried.
Councilwoman Miller moved to authorize the Fire Department replace
the engine of the Fire Marshall's car at a cost of approximately
$2,000.00, seconded by Councilman Geiger and carried.
Councilman Geiger moved to refer bills incurred by City because
of the Sidney Motel fire to the City Attorney, seconded by Council-
man Clauson and carried.
Meeting adjourned at 2:00 A.M.
CLERK MAYOR
ATTACHMENT "A"
Port Orchard City Council
October 28, 1985
LEGAL DESCRIPTION: Beginning at the Northwest corner
of Section 3, Township 23 North, Range 1 East, W.M.,
which is the True Point of Beginning:
Thence South along the West line of said Section 3,
1,400 feet, more or less, to the Southwest corner
of the Northwest quarter of the Northwest quarter
thereof; thence along the South line of the North
half of said Northwest quarter to the Southeast
corner of the Northeast quarter of the Northwest
quarter of said Section 3; thence continuing East
along the South line of the North half of the North-
east quarter of said Section 3 a distance of 652.72
feet; thence N40°0'00" E 140 feet; thence S44°57'19.5"E
to the South line of the Northwest quarter of the
Northeast quarter; thence East to the east right-of-way
margin of SR16; thence Northwesterly along said margin,
to it's point of intersection with the West line of
the Southwest quarter of the Northeast quarter of
Section 34, Township 23 North, Range 1 East, W.M.,
thence South along said West line, to it's point
of intersection with the West right -of --way margin
of SR 16; thence South, along the East line of the
Northeast quarter of the Southwest quarter, to the
Northeast corner of the South half of the said Northeast
quarter of the Southwest quarter; thence West along
the North line of the last said subdivision, to
the Northwest corner thereof; thence South, along
the West line of said subdivision, to the -Southwest
corner thereof; thence East, along the South line
of said subdivision, to the Southeast corner thereof;
thence South, along the East line of the Southeast
quarter of the Southwest quarter of said Section 34,
the Northeast corner of the Northwest quarter of
Section 3, Township 23, Range 1 East, W.M.; thence
West, along the North line of said Northwest quarter,
to the True Point of Beginning.
Situated in Kitsap County, Washington
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PROPOSED ZONING CONDITIONS.
SEDGWICK MALL
ATTACHMENT "C"
ctob r 28, 19$5
ort rchard City Council
1. At no expense to the City, the Developer shall extend the
Municipal water system to provide adequate fire flow and domestic
usage. This extension shall be designed by a licensed engineer in
the State of Washington, be approved by the City Engineer and be
constructed prior to the start of construction of the actual
structures in this development. The Developer shall deed the
water main, reservior, and other appurtenances to the City upon
acceptance by t e City of the water system extension.
2. At no expense to the City, the Developer shall improve
Sedgwick Road by providing through lanes, left turn lanes,
deaccleration lanes, appropriate traffic markings, and road
illumination. These improvements shall be approved by the City
Engineer.
3. At no expense to the City, the Developer shall design, provide
and install a traffic signal system when traffic on Sedgwick Road
warrants the signal. The City shall notify the Developer when the
traffic signal is warranted. The traffic signal shall be traffic
actuated, be erected on steel poles and cross arms, provide for
left turn signals and be approved by the City Engineer.
4. No access shall be provided to any road other than Sedgwick
Road. The Developer shall erect a fence at least six feet high of
such a design that blocks the view of the shopping center along
the west and south property lines. The purpose of this fence is
to'limit access and to provide a visual barrier to the adjacent
residential areas.
5. The Developer shall landscape the property line abutting
Sedgwick Road.
5.
a) The Developer shall extend the municipal sewer system to the
project and connect to the sewer system, at no cost to the City.
The Developer shall design, construct as approved by the City
Engineer and deed to the City this municipal sewer system extensi
b) The Developer may design, install and lose a septic
tank/drain field system that has been approved by the Kitsap
County Health Department for a period of • TV-ars after the
first commercial business in the Mall opens. After this period,of
time, the Developer must begin construction of the municipal
sewer system extension. The Developer Mpst be connected to the
municipal sewer system no later than 10ar.years after the first
commercial business in the Mall opens.
The Developer , at no cost to the City, shall design and
construct this sewer system extension, as approved by the City
Engineer. The Developer shall deed this extension to the City.
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