06/27/1977 - Regular - MinutesPort Orchard, Washington
June 27, 1977
Council of the City of Port Orchard, Washington, called to regular session
by Mayor Pro-tem Robert Geiger. Council members present: Eugene Caldwell,
Wilson, Lee Caldwell, Roos, Libby and Haberlach. Also present, Attorney
McCloskey, Engineer Knobbs and Chief Mares. Chief Weatherill excused.
Mayor Pro-tem Geiger led the Council and the audience in the Pledge of
Allegiance.
On motion by Lee Caldwell, seconded and carried, Council approved the
minutes of the June 13, 1977 meeting as circulated with the following
correction:
1. Page 2, paragraph 3 should read "motion was made to table
discussion". Seconded and carried.
Ron Mitchell., representing the Pizza Hut Restaurant, submitted a plot
plan to Council showing parking stall layout for their proposed facility.
Mr. Mitchell requested the Council grant a variance on the required size
of parking stalls for this proposed site. He stated the Pizza Hut Company
has a requirement of forty (40) parking stalls per each facility. In
order to achieve this requirement, a variance from the required size of
10' x 22' to 9' x 2.0' per parking stall will be needed, this size is
within the national standards. Mr. Mitchell explained further City ord-
inance requires 5,000 sq. ft. of parking area be provided, his facility
will have 8,000 sq. ft. of parking area. On motion by Councilman Roos,
request for variance in size of parking stalls was tabled to allow Council
members time to inspect the proposed site, study the plot plan and make
a decision on this matter. Seconded and carried.
Clerk read letters from Chamber of Commerce asking if in the future when
the Council planned on discussing or voting on a matter pertinent to the
downtown area, could the Chamber be notified so they could be present
to give Council input on the subject matter. Councilman Wilson stated
Dave Richlen had been present at the Street and Alley Committee meeting
when the hooded parking meter matter was discussed and he told them what
they were to do. Councilman Lee Caldwell also stated he had spoken with
Mr. Mandeville and he was aware there was going to be discussion at the
June 13 meeting.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
approved Ordinance No. 1012 amending Section 9 of Ordinance No. 490
(section 10.69.90, Port Orchard Municipal Code).
On motion by Lee Caldwell, seconded and carried, Council approved Resol-
ution No. 1185 adopting the six -year construction portion of the Six -Year
Comprehensive Street Program for the years 1977--1985.
Mayor Pro-tem Geiger opened rezone hearing relevant to application sub-
mitted by Solar Construction for property located on Tracy Street near
Chester Street from "RH" to "MF-20".
Arnie Norem, 2619 Jackson Ave., representing Solar Construction explained
the benefits to the City in granting this rezone to enable construction
of the four -plea project.
Clerk read a letter from Planning Commission recommending approval,
based on the following items and suggested conditions for approval.:
1. The proposed increase in density is within the guidelines of
the City's Comprehensive Urban Development Plan as adopted
by the City Council on October 24, 1976.
a. The owner proposes to construct a four (4) unit apartment
complex. The present "RH" Zoning would permit a three
(3) unit structure without a rezone. The "MF--20" would
permit a maximum of five (5) dwelling units on the site.
2. The proposed development does not fall, within the defined
boundaries of the following Land Use documents as adopted
by the City Council.:
a. Flood Prone Areas
b. Comprehensive Parks, Recreation & Open Space Plan
C. Shoreline Management Master Program
3. The proposed increase in residential, density to 20 dwelling
units per acre complies with the guidelines as set forth in
the City Zoning Ordinance No. 899 as public services (police
and fire) and facilities (water and sewer) are presently
available.
4. "EVALUATION AND DECLARATION OF ENVIRONMENTAL SIGNIFICANCE"
review by Les Knobbs, City Engineer on March 27, 1977, notes
a negative declaration.
5. Mr. Snow, Fire Marshal / Building Inspector, in his Letter of
April 27, 1977, stated that preliminary approval would be
granted by his office as adequate water is available in this
area for fire fighting purposes. He also noted that the
developer will need to provide a more legible set of drawings
before formal approval of the structure could be given.
6. The complex meets with the Development standards as called for
in the City Zoning Ordinance No. 899, Re: "MF-20" Zoning
District.
CONDITIONS OF APPROVAL
1. That the complex/development be constructed as specified in
the plot plan and architectural drawings which were approved
as part of this rezone application.
2. Surface water drainage from the site shall not exceed the
present rate of flow.
Engineer Knobbs stated he and Chief Mares had closely inspected the
proposed site and if the driveway is widened to facilitate the ingress
and egress of two cars similtaneously, they would have no objections
to this rezone approval. Mr. Norem stated these changes in the driveway
have already been incorporated in their plot plans.
Councilman Roos made a motion to adopt the rezone from "RH" to "MF-20"
with the Planning Commission recommendations and conditions of approval.
Councilman Haberlach seconded. Councilman Lee Caldwell moved to amend the
original motion to also state the driveway of this proposed site shall not
have more than an 8% grade. Amended original motion seconded and carried
with six yeas and one no, Councilman Haberlach voting no.
Mayor Pro-tem Geiger declared rezone had been approved and hearing adjourned.
Mayor Pro-tem Geiger opened rezone hearing relevant to application submitted
by Ryan Built Homes, Inc. for their property Located in the Southeast
quadrant of the intersection of SIB 160 (Bay) and Rockwell Streets from
II RH ei to If MF-2011 .
Engineer Knobbs spoke in favor of rezone stating the developer is providing
internal sidewalks and landings to relieve any congestion that may be
caused by this development. He stated further that he was adverse to the
Planning Commission recommendation requiring the developer to install side-
walks on Rockwell Street, as this would cause a very hazardous situation
to pedestrians, especially during inclement weather. Engineer Knobbs
expressed serious doubts that the City's insurance carrier would extend
the City liability coverage if this situation was created.. Engineer Knobbs
also felt that the developer should be required to obtain the extra five
foot strip to Morton Street as the present fifteen foot strip owned by
the developer will not accomodate all emergency vehicles which may have
a need to enter the premises. Councilmen Lee Caldwell, Libby and Wilson
expressed agreement with Engineer Knobbs on the matter of requiring
installation of sidewalks on Rockwell.
Attorney Leonard Kruse, representing
Council :that his client has not, as
foot strip to Morton Street but they
owner for the property.
Ryan Built Homes, Inc. informed
of .this date, acquired the five
are negotiating with the present
Larry Braund, 1191 Washington Plaza, Tacoma, Tna., Engineer representing
Ryan Built Homes, Inc. stated from an engineering and architectural
point of view there would be no problem complying with any of the
recommendations set forth by the Planning Commission except #8, which
is the recommendation that sidewalks be installed on Rockwell St.
Engineer Braund concurred with Engineer Knobbs that installing sidewalks
on Rockwell, which has a 20o slope factor, could create a very Libelous
situation.
Marvin Rowan, 132 Rockwell, expressed his opposition to rezone approval
on the basis of possible traffic problems created by the approximate 72
cars in this complex, especially during snowy weather when Rockwell,
which is not an all-weather road, is closed, and Morton Street is not
usually plowed. Mr. Rowan also questioned how this development will
affect the already overcrowded school situation, what kind of playground
facilities would be installed for children, what restrictions would be
placed on animals for their own safety and what provisions would be made
for traffic entering Bay Street from Rockwell which is already a problem
intersection.
William Ferguson, 1015 Coles Lane amplified Mr. Rowan's concern of a
possible traffic problem.
Orville Leach, resident of Morton Street posed the question to the
developer of whether or not this development would hamper the view from
his home. Mr. Ryan and Mr. Braund assured Mr. Leach that none of the
buildings of the proposed development would be higher than the existing
buildings now located on the property.
Councilman Libby moved to continue "Ryan Rezone Hearing" to allow the
Council to have a study session to investigate the site area, evaluate
the possibility of problems brought up and look into the insurance aspect
of this development. Seconded. Councilman Lee Caldwell moved to amend
motion to hold study session and have an answer back by the next meeting
July 11, 1977. Seconded. Amended original motion passed and carried.
Mr. Stan Dunn, Gazebo Florists, questioned the Council as to who is going
to be doing the study on the parking problem in the downtown area, would
the Council be doing the study or hiring a professional firm to do it?
Councilman Wilson, Street and Alley Committee, informed Mr. Duna and the
Coiin.cil that she is in contact with a professor, who is an expert in
traffic and parking problems, who is willing to help in an advisory
capacity.
Mayor Pro-tem Geiger declared a recess at 9:25 P. M., reconvening at
9:45 P. M.
Mr. Jerry Diendorf, Puget Sound Council of Governments, reminded the
Council that the funding for the By -Pass Study had been made available
and they should make a decision if the City of Port Orchard would be
participating in the in study or not. If Council voted against •the
study, the PSCOG would then reallocate the funds to the next project on
the priority list before them. Mr. Diendorf stated the project as a whole
has had $229,000 allocated and each participating agency would expend
$10,000 during the project.
On motion by Councilman Haberlach, seconded and carried, the by-pass
study discussion was removed from the table.
After discussion on the By -Pass Study Agreement, Council was informed
that the County has signed the agreement and the State is going through
the channels of sigping the agreement.
Councilman Lee Caldwell moved that the Council sign the by-pass agree-
ment and approve the Mayor's signature. Wilson seconded. Motion
defeated with three yeas and four nos. Councilmen Haberlach, Libby,
Eugene Caldwell and Geiger voting no.
Council discussed letter from Assistant City Attorney, Andrew Olson,
regarding the Roland rezone, which states the changes in the Comprehensive
Plan should progress on the same time schedule as the EIS. The rezone
and Comprehensive Plan changes would then occur at the same time thus
eliminating any delayed progress of either,
Councilman Eugene Caldwell moved to direct Planning Commission to take
necessary steps to conduct hearings on changing the Comprehensive Plan
for the area in the Roland & Roland project. Seconded and carried.
Councilman Eugene Caldwell, Chairman, Police Committee, extended his
compliments to the Police Department for a job well done policing the
Fathoms of Fun Hydro Races. Chief Mares used four off -duty patrolmen
at an overtime cost of $197.90. Four Shore Patrol men were also
available to help with the patroling at no cost to the City.
Councilman Wilson concurred with Councilman Eugene Caldwell on the good
job the police force did during this Fathoms function.
Chief Mares reported on the condition of the Police Department vehicles,
#72 and 074, which would require extensive repairs to get them into
safe running condition, and financially, this is not feasible. 470 is
in much better condition and needs only minor repair and a tune up.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
authorized the repair of Unit #70 and the surplusing of Units #72 and
#74, approving their sale (#72 & 74).
Councilman Lee Caldwell, Street and Alley Committee, reported to Council
that Mr. R. Gehring has contracted with Puget Sound Power & Light Co. for
the installation of ten (10) lights and poles on the State highway right
of way adjacent to his property on SR 160. After much discussion on
who is to be responsible for payment of the electrical bill on these
lights, Mayor Pro-tem referred matter to Fire and Light Committee for
their recommendation.
Councilman Libby reported to Council that the electrical controls for
the new transmission line are on order and as of this date have not arrived.
Engineer Knobbs informed Council that with the existing strike at the
Dodge factory, the new pickup ordered for the Engineering Dept. will
possibly never be received. The City's order is not even on the back order
list. Engineer Knobbs further stated he felt a good used truck could
be purchased for a reasonable price.
Councilman Libby moved that Council authorize Engineer Knobbs to cancel
order for new pickup from Valley Motors, and to draw up required specif-
ications for truck needed with approval of call for bids. Councilman.
Lee Caldwell moved to amend motion to read call for bids either for
outright purchase or on lease purchase. Amended original motion seconded
and carried.
Mayor Pro-tem declared meeting adjourned at 11:20 P. M.
Clerk ` + / f% , h' - Mayor