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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. �f,Z / I Clerk!{ ;''rr,`' �i Mayor t