05/29/1990 - Regular - MinutesPort Orchard, Washington
May 29, 1990
Council of the City of Port Orchard, Washington called to regular
session by Mayor Leslie J. Weatherill at 7:30 P.M. Councilmembers
present: Clauson, Childress, Morrison, Geiger, Smith, Powers and
Grable. Staff present: City Attorney Haberly, Deputy Clerk
Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow
and City Clerk Hower.
Councilman Grable led the audience and Council in the Pledge of
Allegiance.
On motion by Councilman Grable, seconded by Councilman Morrison,
Council approved the minutes of the May 14, 1990 meeting as amended
and circulated.
Anita Sanford presented the Little Britches Royalty Court who
individually outlined events scheduled for the 1990 Little Britches
Rodeo.
Kay Morrison, Centennial Committee member, requested funds derived
from the sale of the Centennial pins be used as a means of
generating revenue for the mural on the City Library wall.
On motion by Councilman Clauson, seconded by Councilman Grable,
Council approved the Centennial Committee request and authorized
allocation of funds derived from the sale of the Centennial pins
for the mural on the City Library wall.
Patty Olson, Director Fathoms 0' Fun, requesting permission to hang
a second banner on Bay Street from June 19 - July 4 to promote
Fathoms 0' Fun and the fireworks display. The banner site has been
reserved by a downtown business during this time period.
On motion by Councilman Geiger, seconded by Councilman Grable,
Council preempted the use of the existing banner site from June 19
- July 10 to facilitate the Fathoms 0' Fun Banner and reestablished
the policy that only public community event or nonprofit
organization banners are to be displayed on Bay Street.
At 7:45 PM Mayor Weatherill opened Public Hearing and called for
input relevant to a Petition to Vacate a portion of Alder Lane as
submitted by Group Health. LEGAL DESCRIPTION: Situated in Section
34, Township 24 North, Range I East, Kitsap County: the west half
of the City of Port Orchard street called Alder Lane, starting at
Tremont Street for the length of 400 feet northwesterly as measured
on the centerline of Alder Lane, with the north margin being
perpendicular to the centerline.
City Engineer Curles presented staff report on the proposed street
vacation.
May 29, 1990
Page Two
Mayor Weatherill called for public input either for or against the
proposed street vacation as submitted by Group Health.
Don Baker, Group Health/Project Manager, presented a site drawing
of the proposed vacation and proposed compensation for vacated
property be inform of trade for a strip of Group Health property on
Pottery Avenue.
After discussion Mayor Weatherill called for additional comments or
testimony from those present. No response was received.
Mayor Weatherill continued Public Hearing, regarding Group Health -
Petition to Vacate Alder Lane, to June 11, 1990 at 8:00 PM to
review property values.
At 8:25 PM Mayor Weatherill called for a 5 minute recess.
Mayor Weatherill opened Public Hearing scheduled for 8:00 PM
regarding an appeal of the responsible city official's
determination of non -significance on Environmental Checklist for
proposed Eide Rezone and Variance at 528 & 534 DeKalb Street.
Appeal filed by William Broughton, attorney on behalf of Marty
McMurray. LEGAL DESCRIPTION: Lots 9, 12, 13 and the west 20 feet
of Lot 16, Block 2, Plat of "S.M. Stevens" Township plat of
Sidney. Section 26, Township 24N, Range 1 E, W.M.
City Attorney Haberly outlined Environmental Checklist procedures
and briefed Council on discrepancies in the filing of the McMurray/
Broughton appeal.
City Engineer Curles gave staff report on the process and time
sequence of preparing and advertising this environmental checklist.
William Broughton, attorney for Marty McMurray, addressed Council
regarding the inadequacy of the environmental checklist.
Gary Chrey, attorney for proponent, advised Council this appeal was
not filed in a timely manner and should be rejected.
Marty McMurray, 410 Cline Avenue, spoke on behalf of her appeal
expressing concern as to the inadequacy of the environmental
checklist in respect to the rezone and variance at 528 and 534
DeKalb Street.
Mayor Weatherill called for additional public input. As no
response was received Mayor Weatherill closed Public Hearing and
referred matter to Council for consideration.
On motion by Councilman Clauson, seconded by Councilman Childress,
Council unanimously rejected the appeal filed by William H.
Broughton on behalf of Marty McMurray relevant to the responsible
city official issuing a determination of non -significance on the
Eide rezone and variance at 528 and 534 DeKalb Street.
May 29, 1990
Page Three
Mayor Weatherill reopened Public Hearing scheduled for 8:15 PM
concerning appeal to Planning Commission approval of Variance for
Doug Eide allowing front yard setback requirement from 15 feet to
within 5 feet of the DeKalb Street right-of-way, located at 528-534
DeKalb. Appeal filed by William Broughton, attorney on behalf of
Marty McMurray. LEGAL DESCRIPTION: Lots 9, 12, 13 and the west 20
feet of Lot 16, Block 2, Plat of "S.M. Stevens" Township plat of
Sidney. Section 26, Township 24N, Range 1 E, W.M.
City Engineer offered staff report and brief update on Planning
Commission process which resulted in approval of a Variance for
Doug Eide's project on DeKalb Street.
William Broughton, attorney for Marty McMurray, expressed concern
that the Planning Commission Resolution did not contain adequate
Findings of Facts and Conclusions which are required. Mr.
Broughton further contended that proper evidence was not presented
which would justify the issuance of a Variance.
Mel Holgerson, engineer for proponent, outlined proposed site
revisions and availed himself to answer questions from Council.
Doug Eide, proponent, presented letters from adjacent property
owners who support the proposed project.
Gary Chrey, attorney for proponent, spoke in favor of granting the
variance stating this allows a small deviation of the zoning
ordinance which is acceptable and assured Council the proponent
will comply with all conditions imposed and all building
applications requirements.
Mayor Weatherill called for additional public input regarding
Planning Commission approval of Variance to Doug Eide. As no
response was received, Mayor Weatherill closed Public Hearing.
Mayor Weatherill reopened continued Public Hearing scheduled for
8:30 PM regarding an application for a Zone reclassification from
Residential High to Multiple -Family 20 as submitted by Doug Eide to
allow construction of eleven dual level condominiums with garages
at 528-534 DeKalb Street. LEGAL DESCRIPTION: Lots 9, 12, 13 and
the west 20 feet of Lot 16, Block 2, Plat of "S.M. Stevens"
Township plat of Sidney. Section 26, Township 24N, Range 1 E, W.M.
City Engineer Curles updated Council on Planning Commission
recommendations.
Mel Holgerson, engineer for proponent, assured Council they agree
to the Planning Commission recommendations.
May 29, 1990
Page Four
Doug Eide, proponent, spoke concerning the need for additional
housing in Kitsap County and urged Council approval on the rezone
application.
Gary Chrey, attorney for proponent, assured Council the proposed
project would comply with all technical applications.
Marty McMurray, 410 Cline, voiced opposition to the proposed
project outlining the topography of the subject property and
expressed concern her view would be obstructed.
Bill Broughton, attorney for Marty McMurray, asked for additional
conditions: (1) a 8' wood fence along retaining wall adjacent to
Ms. McMurray's property; and (2) a height restriction of 22' with a
mansard roof.
Doug Eide, proponent, assured Council Ms. McMurray's view would not
be obstructed by the proposed condominiums.
Mayor Weatherill called for additional input either for or against
the proposed rezone. As no further input was received Mayor
Weatherill closed Public Hearing and referred matter to Council for
their consideration.
Councilman Clauson moved to (1) adopt Planning Commission
Resolution No. 147-90 setting forth findings of fact, conclusion
and conditions as their own and approve the zone reclassification
from Residential -High to Multiple -Family 20 in order to construct
eleven dual level condominiums with garages beneath the living area
on a parcel located at 528 and 534 DeKalb Street; and (2) adopt
Planning Commission Resolution No. 148-90 approving the issuance of
a variance to Doug Eide, reducing the required front yard setback
from 15 feet to 5 feet. Motion seconded by Councilman Smith.
Councilman Powers moved to amend motion to include specific site
plans as an integral part of this zone reclassification, seconded
by Councilman Smith. Motion failed with 6 nays and 1 aye.
Councilman Powers voting aye.
Councilman Geiger moved to amend motion to set height restriction
to two feet (2') above main floor of Marty McMurray's residence,
seconded by Councilman Powers. Motion failed with 6 nays and 1
aye. Councilman Geiger voting aye.
May 29, 1990
Page Five
Council approved the original motion, with no amendments, to (1)
adopt Planning Commission Resolution No. 147-90 setting forth
findings of fact, conclusion and conditions as their own and
approved the zone reclassification from Residential -High to
Multiple -Family 20, in order to construct eleven dual level
condominiums with garages beneath the living area on a parcel
located at 528 and 534 DeKalb Street; and (2) adopt Planning
Commission Resolution No. 148-90 approving the issuance of a
variance to Doug Eide reducing the required front yard setback from
15 feet to 5 feet.
At 11:20 PM Mayor Weatherill declared a 5 minute recess.
On motion by Councilman Smith, seconded by Councilman Clauson,
Council referred letter from Dolores Barringer, Fur, Fin & Feathers
requesting renewal of lease of City property on Old Clifton Road to
the Property Committee for review.
On motion by Councilman Geiger, seconded by Councilman Smith,
Council placed into Property Committee the letter from Ron Ness
regarding a proposed lease agreement for the City right-of-way
adjacent to law offices at 420 Cline.
On motion by Councilman Clauson, seconded by Councilman Powers,
Council approved the 1990-1991 Tactical Response Van Operational
Cost Agreement.
On motion by Councilman Clauson, seconded by Councilman Grable,
Council adopted Resolution No. 1538 approving the issuance of a
Special Use Permit to Blessed Margaret Catholic Church, as
submitted by Father Aylward, allowing expansion of Blessed Margaret
Catholic Church, with the additional condition that a Concomitant
Agreement with the Special Use Permit be signed and recorded,
securing to the City the right to construct and assess for a
sewermain, watermain with fire hydrants and road improvements as
needed. LEGAL DESCRIPTION: Section 35, Township 24N, Range 1E,
the West half of the Northwest Quarter of the Southwest Quarter of
the Northwest Quarter of Section 35, Township 24N, Range 1 East,
W.M., in Kitsap County, Washington: Except the North 210 feet; and
Except the West 15 feet from County Road No. 76.
On motion by Councilman Grable, seconded by Councilman Clauson,
Council adopted Resolution No. 1539 approving the issuance of a
Special Use Permit to Bethany Lutheran Church, located at 715-717
Sidney Avenue to allow professional offices in a residential area
with eight conditions. LEGAL DESCRIPTION: Section 26, Township
24N, Range 1E, Portion of the SE 1/4 of the SE 1/4; Beginning at a
point 403 feet south and 30 feet east of the NW corner of the SW
1/4 SW 1/4; thence south 125 feet, east 72 feet, north 125 feet and
west 72 feet to the point of beginning. Also Lots 1 and 2 of
Wheelers 3rd Addition to Sidney.
May 29, 1990
Page Six
On motion by Councilman Clauson, seconded by Councilman Grable,
Council requested a letter be written to the County Commissioners
on proposed water rights and its affects on City/County annexations
advising them of the Council's opposition to the language dealing
with annexation and a recommendation to substitute the Board of
County Commissioners as an appealing body to the SRC.
On motion by Councilman Powers, seconded by Councilman Smith,
Council removed from Unfinished Business and Correspondence Agenda
Item # 6 - Herb Loop, representing Westbay Shopping Center, plan
for waterfront park or boardwalk.
Councilman Grable moved to surplus the Administrative stationwagon
and replace it with a more economical vehicle. Motion died for
lack of second.
On motion by Councilman Clauson, seconded by Councilman Smith,
Council excused Councilman Grable from the June 11, 1990 Council
meeting.
On motion by Councilman Clauson, seconded by Councilman Childress,
Council excused Councilman Smith from the June 11, 1990 Council
meeting.
On motion by Councilman Geiger, seconded by Councilman Clauson,
Council unanimously approved payment of the following voucher/
warrants: Claims Warrant No. 13382-13443 in the amount of
$46,082.68.
On motion by Councilman Clauson, seconded by Councilman Childress,
Council extended, through the month of July 1990, the option for
parking ticket recipients to ride Kitsap Transit buses for 5 days
in lieu of paying the $5.00 parking fine.
On motion by Councilman Powers, seconded by Councilman Grable,
Council authorized the Mayor to sign grant agreement between the
Department of Ecology and the City to update the Shoreline
Management Plan.
Mayor Weatherill asked Property Committee to review letter from
South Kitsap Helpline requesting the City consider sale, lease or
donation of any city property for the relocation of two houses
which have been offered to South Kitsap Helpline by Kitsap County.
On motion by Councilman Geiger, seconded by Councilman Powers,
Council approved Resolution No. 1540 adopting the Comprehensive
Solid Waste Management Plan.
May 29, 1990
Page Seven
On motion by Councilman Morrison, seconded by Councilman Geiger,
Council authorized the City Engineer to readvertise for the Planner
Position with an increased salary range between $30,000.00 to
$31,000.00.
Meeting adjourned at 12:38 AM.
CITY CLERK MAYOR