11/26/1990 - Regular - MinutesPort Orchard, Washington
November 26, 1990
Council of the City of Port Orchard, Washington called to regular
session by Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers
present: Morrison, Geiger, Powers, Smith and Grable. Councilmen
Childress and Clauson absent. Staff present: City Attorney
McCluskey, Deputy Clerk Thomas, City Planner Davis, Police Chief
Mathews, City Engineer Curles and Fire Chief Snow. Councilmen
Childress and Clauson excused page 1.
Chief Mathews led the audience and Council in the Pledge of
Allegiance.
On motion by Councilman Grable, seconded and carried, Council
approved the minutes of the November 13, 1990 meeting as
circulated.
On motion by Councilman Morrison, seconded by Councilman Powers,
Council excused Councilmen Clauson and Childress from the Council
meeting.
Police Chief Mathews introduced Dennis McCarthy as the new Police
Officer. Mayor and Council welcomed Officer McCarthy to the City
of Port Orchard.
Richard Capps, addressed Council concerning a permanent extension
of Commercial General zoning for property located at 1200 Bethel
Avenue.
City Planner Davis advised Council the City Zoning Ordinance allows
for extensions.
On motion by Councilman Smith, seconded by Councilman Morrison,
Council granted Richard Capps an additional 18 month extension on
Commercial Zoning at 1200 Bethel Avenue.
City Planner Davis suggested tabling extension of Special Use
Permit No. 1033, South Kitsap Family Worship Center, as the
proponents have not responded. Norm Olson, Olson and Associates,
advised Council the proper storm drainage is in place and the
intent is to proceed with construction.
On motion by Councilman Smith, seconded by Councilman Geiger,
Council granted an additional 12 month extension to South Kitsap
Family Worship Center for Special Use Permit No. 1033.
On motion by Councilman Powers, seconded by Councilman Geiger,
Council authorized the City Engineer to award the DeKalb Pier
sidewalk project to Krukar Contracting in the amount of $2,789.00.
November 26, 1990
Page Two
At 7:45 PM Mayor Weatherill opened Public Hearing regarding
application for a Comprehensive Plan Designation change from
Residential High to Commercial General as submitted by Carolotta
Craft and David Hedger. Subject property located at 104 Tremont
Street. This is the second and final of two Public Hearings to
review, seek comments and evaluate establishing a Comprehensive
Plan Designation of Commercial General. LEGAL DESCRIPTION: That
portion of the northeast quarter of the southwest quarter, Section
35, Township 24 North, Range 1 East, W.M., described as follows:
Beginning at the southwest corner of said northeast quarter of the
southwest quarter, thence north 654 feet to a point on a line that
is 10 feet south of the parallel with the south margin of Tremont
Street as shown on the Plat of Sidney Land Co's 2nd Addition to
Sidney, as per plat recorded in Volume 2 of Plats, page 9, records
of Kitsap County; thence east 186 feet, thence south 170 feet;
thence west 186 feet, thence north 170 feet to the point of
beginning.
City Planner Davis reviewed the current zoning of property and
advised Council of Planning Commissions recommendation and
conditions.
Norm Olson, representing applicant, acknowledged land action
moratorium on Tremont, and requested Council approval of the
Comprehensive Plan Designation change to Commercial General.
Dave Hedger, applicant, also acknowledged and supported the land
use action moratorium, however, Mr. Hedger assured Council he is
not intending to construct anything other than what is proposed.
Eric Emans, 2138 Sidney Avenue, spoke in favor of project, and
voiced concern regarding lack of sidewalks and future development
on Tremont.
Carmen Tessaro, 1523 Sidney Avenue, also supported proposed
project, and expressed concern with increase traffic in area.
Mayor Weatherill called for further public input either for or
against the City establishing a Comprehensive Plan Map designation
of Commercial General for property located at 104 Tremont Street.
As no response was received, the Mayor declared this Public Hearing
closed and referred matter to Council for consideration.
Councilman Smith moved to adopt Planning Commission Resolution No.
157-90 with Findings and Facts and Conditions, as their own and
approved establishing a Comprehensive Plan Map Designation of
Commercial General for property located at 104 Tremont, seconded by
Councilman Grable. Motion failed with 2 ayes and 3 nays.
Councilmen Powers, Geiger and Morrison voting nay.
November 26, 1990
Page Three
At 8:25 PM Mayor Weatherill called for a 5 minute recess.
At this time Mayor Weatherill opened continued Public Hearing
scheduled for 8:00 PM, regarding an application for a Zone
Reclassification from Residential High to Commercial General as
submitted by Carolotta Craft and David Hedger. Subject property is
located at 104 Tremont. LEGAL DESCRIPTION: That portion of the
northeast quarter of the southwest quarter, Section 35, Township 24
North, Range I East, W.M., described as follows: Beginning at the
southwest corner of said northeast quarter of the southwest
quarter, thence north 654 feet to a point on a line that is 10 feet
south of the parallel with the south margin of Tremont Street as
shown on the Plat of Sidney Land Co's 2nd Addition to Sidney, as
per plat recorded in Volume 2 of Plats, page 9, records of Kitsap
County; thence east 186 feet, thence south 170 feet; thence west
186 feet, thence north 170 feet to the point of beginning.
Mayor Weatherill called for public input in favor of or against the
Zone Reclassification as requested by Carolotta Craft and David
Hedger.
Norm Olson, representing applicant, displayed site plan and assured
Council this project will be a good addition to the City.
Mark Williamson, representing Mrs. Craft, expressed concern about
the loss of economic development in the area. Mr. Williamson spoke
in favor of the project and assured Council this project would have
minimal traffic impact on Tremont.
Carolotta Craft, 104 Tremont, availed herself to answer questions
from Council.
As no further response was received from the audience, Mayor
Weatherill closed Public Hearing and referred proposed Zone
Reclassification as submitted by Carolotta Craft and David Hedger
to Council for consideration.
On motion by Councilman Smith, seconded by Councilman Grable,
Council adopted Planning Commission Resolution No. 155-90, with
Findings and Facts and Conditions, as their own and approve the
application for Zone Reclassification from Residential High to
Commercial General, as submitted by Carolotta Craft and David
Hedger for property located at 104 Tremont. Motion passed with
ayes and 2 nays. Councilmen Powers and Geiger voting nay.
Mayor Weatherill opened continued Public Hearing scheduled at 8:15
PM and called for input relevant to a Petition to Vacate a portion
of an unnamed alley in Block 2 of the Plat of Tom Cline's Addition
to Sidney (700 Block between Taylor and Division Streets - east of
Sunset Lane Cemetery and west of Bethel Avenue), as submitted by
Richard D. Gehring. LEGAL DESCRIPTION: All that portion of Lots
November 26, 1990
Page Four
16, 17 and 18, Block 2, Tom Cline's Addition of Sidney, City of
Port Orchard, according to plat recorded in Volume 1 of Plats, page
29 in Kitsap County, lying west of a line drawn parallel with and
50 feet westerly, when measured at right angles, from the center
line survey of State Highway Route 160 (PSH No. 14), Blackjack
Creek to Port Orchard.
City Engineer Curles gave staff report on the location of this
parcel and current status.
Mayor Weatherill called for public input either for or against the
proposed Petition to Vacate a portion of an unnamed alley,
submitted by Richard D. Gehring. No response was received.
On motion by Councilman Morrison, seconded by Councilman Smith,
Council denied request to vacate a portion of an unnamed alley in
the 700 block between Taylor and Division (east of Sunset Lane
Cemetery and west of Bethel Avenue) as submitted by Richard D.
Gehring.
Mayor Weatherill opened continued Public Hearing scheduled for 8:30
PM and called for input relevant to a Petition to Vacate a portion
of an unnamed alley in Block 2 of the Plat of Tom Cline's Addition
to Sidney (700 Block between Taylor and Division Streets - east of
Sunset Lane Cemetery and west of Bethel Avenue), as submitted by
Norman K. and Marlene L. Savage. LEGAL DESCRIPTION: Lots 19 to
24, inclusive, Block 2, Tom Cline's Addition of Sidney, City of
Port Orchard, according to plat recorded in Volume 1 of Plats, page
29 in Kitsap County, Washington; EXCEPT 25 feet of said lots 19 and
20 for road.
Mayor Weatherill called for input either for or against the
Petition to Vacate a portion of an unnamed alley, as submitted by
Norman K. and Marlene L. Savage. As no response was received,
Mayor Weatherill referred matter to Council for their
consideration.
On motion by Councilman Morrison, seconded by Councilman Grable,
Council denied request to vacate a portion of an unnamed alley in
the 700 block between Taylor and Division (east of Sunset Lane
Cemetery and west of Bethel Avenue) as submitted by Norman &
Marlene Savage. _
On motion by Councilman Grable, seconded by Councilman Morrison,
Council authorized the City Engineer to prepare an ordinance to
describe procedures to petition vacation of right of way.
November 26, 1990
Page Five
Mayor Weatherill opened Public Hearing scheduled for 8:45 PM
regarding an application for a zone reclassification from
Residential High to Multiple Family 20 as submitted by Prime
Pacific Partners for property located south of Lippert Street and
approximately 300 feet east measured from the corner of Lippert
Street. LEGAL DESCRIPTION: That portion of the northwest quarter
of the northwest quarter in Section 2, Township 2, Township 23
North, Range 1 East, W.M., City of Port Orchard, County of
Kitsap,State of Washington, described as follows: Beginning at the
northwest corner of said section 2; thence south 03 13'07" west
along the west line of said subdivision, 1294.52 feet; thence south
88 31'05" east, 350 feet to the TRUE POINT OF BEGINNING; thence
parallel with said west line north 03 13'07" east, 429.40 feet;
thence parallel with the centerline of Lippert Drive North 88
O1'58" west, 18.91 feet; thence parallel with said west line north
03 13'07" east, 291.00 feet to the southerly margin of Lippert
Drive; thence along said southerly margin 88 01' 58" east, 287.62
feet; thence south 02 56'52" west, 848.00 feet to the south line of
said subdivision; thence along said south line north 88 31'05"
west, 272.78 feet to a point lying south 03 13'07" west from the
TRUE POINT OF BEGINNING; thence parallel with the west line of said
subdivision north 03 13'07" east, 130.00 feet to the TRUE POINT OF
BEGINNING.
City Planner Davis briefed Council on location of subject property
and outlined the Planning Commission's recommendation to approve
the Zone Reclassification from Residential High to Multiple Family
20 as submitted by Prime Pacific Partners.
Terry Larson, Prime Pacific Properties, spoke in favor of the
rezone, outlined the proposed uses of the property and answered
questions from the Council.
Eric Emans, 2138 Sidney Avenue, spoke in favor of project, and
expressed concern with lack of crosswalks and sidewalks in area.
Steve Higgins, Administrator, Port Orchard Care Center, also spoke
in favor of the rezone, however, expressed concern regarding repair
and maintenance of fence along the rear and sides of the proposed
development.
Mayor Weatherill called for additional input either for or against
the proposed rezone. As no response was received Mayor Weatherill
closed Public Hearing and referred matter to Council for
consideration.
November 26, 1990
Page Six
Councilman Morrison moved to adopt Planning Commission Resolution
No. 158-90 setting forth findings of fact, conclusion and
conditions as their own and approved the zone reclassification from
Residential High to Multiple Family 20 for property located south
of Lippert Drive and approximately 300 feet east measured from the
corner of Lippert Drive and Pottery Avenue, seconded by Councilman
Smith.
Councilman Powers amended motion to require a 6 foot chain link
fence with appropriate screening along the rear and sides of the
development, seconded by Councilman Geiger and carried.
Council unanimously approved original motion as amended to adopt
Planning Commission Resolution No. 158-90 setting forth findings of
fact, conclusion and conditions as their own and approved the zone
reclassification from Residential High to Multiple Family 20 for
property located south of Lippert Drive and approximately 300 feet
east measured from the corner of Lippert Drive and Pottery Avenue,
and to require a 6 foot chain link fence with appropriate screening
along the rear and sides of the development.
Mayor Weatherill declared a 5 minute recess, with meeting
reconvening at 10:30 PM.
Mayor Weatherill opened Public Hearing scheduled for 9:00 PM
regarding an application for a Special Use Permit as submitted by
Thurman Industries, Inc. Proposal is to allow storage of building
materials in a fenced area adjacent to 1039 Bethel Avenue. LEGAL
DESCRIPTION: Attachment "A".
City Engineer Curles updated Council on the request for the Special
Use Permit and recommended approval according to the
recommendations and conditions of the Planning Commission.
Mayor Weatherill called for input either for or against the
proposed Special Use Permit as submitted by Thurman Industries,
Inc. As no response was received, Mayor Weatherill closed Public
Hearing.
On motion by Councilman Powers, seconded by Councilman Grable,
Council adopted Planning Commission Resolution No. 159-90 as their
own and approved the issuance of a Special Use Permit to Thurman
Industries, Inc. to allow storage of building materials in a fenced
area adjacent to 1039 Bethel Avenue with the following conditions:
(1) The chain link fence shall have slats installed; (2) The
Special Use Permit shall not run with the land; (3) Any expansion
of the storage yard will require City approval.
November 26, 1990
Page Seven
On motion by Councilman Geiger, seconded by Councilman Grable,
Council tabled proposed agreement requesting participation of the
City of Port Orchard in the Household Hazardous Waste Collection
Event for 1990 and 1991.
Mayor Weatherill referred proposed Ordinance amending the salary
schedule for employees of the City of Port Orchard for the year
1990 to Finance Committee for further review.
On motion by Councilman Geiger, seconded by Councilman Grable,
Council adopted Resolution No. 1560 adopting the 1991 budget for
the Wastewater Treatment Facility.
Councilman Powers moved to remove from table, motion to approve
Ordinance No. 1495 which amends the 1988 Uniform Building Code
providing for permanent exemption -Uniform Building Code Section
301(b), seconded by Councilman Smith and carried.
The Council discussed the need for a building permit for bus
shelters. It was decided that bus shelters would require a
building permit and are not exempt as per UBC 301(b).
Council unanimously approved Ordinance No. 1495 which amends the
1988 Uniform Building Code providing for permanent exemption
-Uniform Building Code Section 301(b). (Motion presented 11/13/90
by Councilman Geiger.)
On motion by Councilman Geiger, seconded by Councilman Powers,
Council approving Resolution No. 1561 adopting the Moderate Risk
Waste Management Plan.
On motion by Councilman Geiger, seconded by Councilman Morrison,
Council unanimously approved payment of vouchers as follows:
Claims Warrant No. 14177-14213 in the amount of $58,525.35.
On motion by Councilman Geiger, seconded by Councilman Powers,
Council rescheduled, due to Christmas holiday, the second regular
council meeting in December to December 26, 1990.
Councilman Powers moved to support Kitsap County Commissioners
proposal to collect $15.00 on all vehicle registrations, seconded
by Councilman Grable. Motion passed with 4 ayes and 1 nay.
Councilman Geiger voting nay.
Meeting adjourned at 11:10 PM.
_ftLIOAC7nr�- DEPUTY CLERK MAYOR
VEMBER 26, 1990
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