06/25/1979 - Regular - MinutesPort Orchard, Washington
June 25, 1979
Council of the City of port Orchard, Washington called to regular
session by Mayor Paul D. Powers, Jr. Council members present: Eugene
Caldwell, Wilson, Geiger, Miller and Clark. Also present: Attorney
Riehl, Engineer Knobbs, Assistant Engineer Mane and Police Chief Mares.
Councilman Lee Caldwell and Fire Chief Weatherill excused.
Mayor Powers administered the Oath of Office to appointed Councilman
Gerald Grosso and seated him at the Council. table.
On motion by Councilman Miller, seconded and carried, Council approved
the minutes of the June 11, 1919 meeting as circulated.
Judith Peterson approached Council to register -complaint concerning
condition of Perry Avenue. Ms. Peterson stated that the street has
been barricaded for several months forcing residents to drive up to
an additional two males and causing some residents parking problems
due to the barricades eliminating parking in front of their homes.
She felt the City should not enforce parking laws until at such time
that Perry Avenue is opened for through traffic. Police Chief Maras
explained to Ms. Peterson that his Department can not spot enforce the
law. They can not allow parking on the traveled way of any City street
no matter what the conditions are. Mayor Powers also explained to
Ms. Peterson that the City can not open Perry Avenue to through traffic
until disposition is made on a legal suit filed against the City re:
Perry Avenue slide damage. If the street was opened and additional
damage was incurred by a citizen, the City could be held liable and it
would, in the long run be the citizens of Port Orchard who would pay
if the City was found guilty in a liability suit. Therefore, to
protect the citizens of Port Orchard, the Council can not open or
repair the damage to this street.
Neil Yapachino- requested Council permission to hold the Fathoms 0' Fun
Hydro races on July 4, 1979 from approximately 11:30 A.M. to 5:30 P.M.
and block traffic on Bay Street from Mitchell Street to Tracy Street.
On motion by Councilman Miller, seconded and carried, Council approved
the Fathoms 0' Fun Hydro Races to be held July 4, 1979, 11:30 A.M. to
5:30 P.M. and authorized the closure of Bay Street from Mitchell Street
to Tracy during this event.
Nobuo Kawasaki approached Council requesting permission to hold the
Fathoms 0' Fun marathon running race on July 4, 1979. The section of
this race which would involve City Streets is from the High School on
Mitchell, south past St. Gabriel Catholic Church.
On motion by Councilman Wilson, seconded and carried, Council approved
the Fathoms O' Fun marathon running race on July 4, 1979 from approx-
imately 10:00 A.M. to 11:00 A.M. subject to Police Chief Mares approval
of safety precautions.
Mayor Powers opened Public Hearing relative to Rezone Application sub-
mitted by Deal Enterprises, owner of record, for property located on
a 2.60 acre site approximately 300 ft. from: the intersection of Rockwell
Avenue and Morton Street. Council will at this time also consider
appeal of the Planning Commission recommendation to Council for approval
of this rezone reclassification as submitted by Joan Case, Attorney
representing Orville and Janice Leach.
Joan Case submitted petition against this zone reclassification con-
taining approximately 300 signatures and requested that she be allowed
3 - 5 minutes rebuttal time at the conclusion of the Public Hearin;;
proceedings.
Betty Hoffman, 203 Rockwell spoke concerning soil instability in this
area and presented a picture display depicting evidence of this condition.
Orville Leach addressed Council as to soil conditions, traffic problems,
poor streets and sewer problems, urging the Council to deny rezone request.
Tom Bontrager, 315 Sidney, spoke relative to sewer problems and the
height of proposed buildings stating that in the event of a fire, the
City of Port Orchard Fire Department does not have a ladder high enough
to reach the top floors.
Bill Cope, 903 Kitsap Street discussed the potential of eliminating
parking on Kitsap Street due to the increased traffic generated by this
development.
Marvin Rowan, 132 Rockwell, spoke concerning traffic problems in this
area.
Dudley N. Perrine spoke relative to the decrease in quality of life
which occurs when density becomes too high.
Frank Haggerty spoke in favor of this Rezone Application.
Tom O'Hare, Attorney representing Deal Enterprises brought to Council
attention he had engaged in conversation with Councilman Geiger relative
to Rezone Application prior to Public Hearing and stated concern that
citizens against this zone reclassification would consider this against
the Fairness Doctrine. Joan Case, Attorney filing appeal stated she
had no objection to Councilman Geiger participating in Hearing.
Tom Johnson, Architect and Larry Braund, Civil Engineer representing
Deal Enterprises addressed the many questions and potential problems
which were presented by citizens of the Morton, Kitsap Street and
Rockwell Avenue area. Mr. Johnson and Mr. Braund explained in detail
the methods in which specific potential problems would be eliminated
if this rezone is approved and the development permitted. Specific
items addressed were: Storm drainage (surface water run-off), matter
corrected with V-ditches system of tight line pipes into catch basins
and detention area which then flow at a controlled rate into the City
storm line on Bay Street. Soil instability - Deal Enterprises will
obtain an expert Soils Engineer to do extensive soil study analysis.
Condition of Morton Street - Tom O'Hare, Attorney for Deal Enterprises
stated that the applicant is willing to upgrade Morton to the condition
which the City of Port Orchard directs him to.
Tim Arnold, realtor, spoke in favor of this development, stating the
need for high density type of housing within the City of Port Orchard.
Mr. Arnold explained this area is convenient to the business district
of Port Orchard and the foot ferry for public transportation to
Bremerton/Seattle ferry.
Gary Deal, applicant, submitted petition with 74 signatures of property
owners (adjacent to or near this site) and local business and professional
community people who are in favor of this zone reclassification and
development.
Paula Griffin read letter from her father, Arnold Carraway, in favor of
of the zone reclassification. In his letter, Mr. Carraway summerized
and evaluated the apprehensions expressed by the residents in the
vicinity of the proposed Deal Enterprises complex.
Mayor Powers declared recess with meeting to reconvene at 9:55 P.M.
Jerry Harmon, 906 Kitsap, expressed concern that allowing density to
be increased in this area, which has many older homes, could decrease
the historical significance of the City of Port Orchard.
Joan Case repeated her clients concern relative to existing sewer
problem within the City system citing letters within the EIS stating
concern of overloading the City's facilities. Ms. Case also renewed
concern of increased traffic problems and urban development probleams.
At this time, Mayor Powers closed Public input portion of Hearing and
turned matter over to Council for their consideration.
Councilman Grosso questioned applicant as to feasibility of alternative
access route into this development. Mr. Braund, C. E. stated there is
no present alternative ingress/egress to this site.
Councilman Eugene Caldwell expressed concern that this development
could necessitate the City having to hire an additional employee to
monitor the construction of the drainage system. Mr. Braund stated
the City charges various fees for permits and any additional cost
incurred by the City should be covered by a fee for this purpo°;e.
Councilman Mary Wilson questioned trip generation figures presented by
applicant and expressed concern of potential traffic problems being
created in this dead end area. Ms. Wilson stated there is no possible
alternate access to this development site. Mr. Braund agrees with Ms.
Wilson on matter of no feasible alternate access route.
Councilman Geiger moved that Council deny application for rezone reclass-
ification as submitted by Deal Enterprises, owner of record, for property
located approximately 300 ft. east of the intersection of Rockwell Avenue
and Morton Street. Seconded and carried with five ayes and one no.
Each Councilman stated reasons for their vote as follows:
Councilman Clark (aye) stated he has inspected site and evaluated impact
this development would have on area and in his opinion, the impact on
all streets involved would be too great.
Councilman Grosso (aye) stated he also inspected property and feels an
additional 52 units would cause too great a density impact in this area.
Councilman Miller (aye) concurred with Councilmen Clark and Grosso that
this development would create significant traffic and density problems
in this area.
Councilman Geiger (aye) stated this area is basically a single-family
residence area, and creating additional high density of this volume
is incompatible with the area. Mr. Geiger also stated this voice of
the citizens in the area must also be considered.
Councilman Wilson (aye) stated the density would cause an unfair impact
on the residents of the area as nothing feasible can be done to eliminate
the increased traffic problems which would be created by this development.
Councilman Eugene Caldwell (nay) stated an owner has a right to develop
his property in the manner he wishes as long as it agrees with the
Comprehensive Plan.
Mayor Powers declared zone reclassification request denied and Hearing
closed.
Mayor Powers opened Public Hearing relative to Rezone Application as
submitted by Eldorado Properties for their property located on the west
side of Harrison Avenue, between Ada Street and Kendall Street. Council
will also consider two appeals to the Planning Commission's recommendation
to Council for approval of this zone reclassification as filed by Mr.
Kenneth Hacker and Kenneth and Sylvia Scheiber.
Mr, Kenneth Hacker, a member of the Port Orchard Planning Commission
informed Council he had abstained from participation in the Planning
Commissions recommendation to Council on this matter. He participated
only as a property owner and concerned citizen.` Mr. Hacker stated that
the Planning Commission meeting did not represent all of the residents
and that City staff recommendations were not incorporated into the
decision by the Planning Commission.
Cheri Recknagle, 716 Harrison, stated than an increase in density would
create additional traffic problems for this area. Mrs. Recknagle informed
Council that the road is extremely narrow and has several pot holes.
Jerry Wakefield, engineer representing applicant outlined the development
proposed, stating water/sewer and public utilities are available to this
site and the applicant has started procedure to obtain easement for water
line. The applicant is willing to upgrade the road to city standards
adjacent to his property, install a 6' fence around his property, and
also comply with the City codes and regulations.
Dorothy Skelly, 822 Ada; Winifred Watt,.709 Harrison;_ Al_.Mares, 1003
Sidney and Mel Holgerson, 703 Harrison spoke against rezone request
stating existing problems on this dead --end street will be increased
by additional traffic generated from this development..
Mayas Powers declared public input portion of hearing closed and
Council will at this time consider rezone application.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
denied rezone application as submitted by Eldorado Properties, owner
of record for property located on the West side of Harrison Street,
between Ada Street and Kendall Street. Reclassification was requested
from Residential High to Multiple Family 20.
Mayor Powers requested Councilmen explain reason for their vote:
Councilman Clark (aye) stated the people has voiced a negative opinion
to the development and considering the traffic problems, it would create
he had to vote to deny this rezone.
Councilman Grosso (aye) stated the land as now zoned could be developed
and increasing the density would cause too great a load on the present
street.
Councilman Miller (aye) stated there is not adequate ingress/egress
to development site which is located on a dead end street,
Councilman Geiger (aye) stated he feels an extension of Harrison Street
to Kendall would be. necessary to approve this rezone.
Councilman Wilson (aye) stated the traffic problems created by increasing
the density in this area would have a significant effect on the
residents considering Harrison is a substandard street,.
Councilman Eugene Caldwell (aye) stated he was voting against approval
of this rezone due to the fact the people voiced an objection and Port
Orchard staff work was not considered as a part of the Planning
Commissions recommendation to Council.
Mayor Powers declared rezone application submitted by Eldorado Properties,
owner of record, for property located on the west side of Harrison,
between Ada Street and Kendall Street denied and Public Hearing closed.
On motion by Councilman Wilson, seconded and carried, Council approved
Resolution No. 1213, a resolution establishing a user charge and
industrial cost recovery system in accordance with 40 CRF, Part 35,
Section 928 & 929 for the proposed waste water treatment plant at Retsil.
Meeting adjourned at 11:55 P.M.
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