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09/13/1999 - Regular - MinutesPort Orchard, Washington September 13, 1999 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee and Stansbery. Staff present: City Clerk Parks, Deputy Clerk Merlino, Acting Police Chief Loflin, City Treasurer Tompkins, City Planner Gross, City Engineer Curles, City Attorney Montgomery, and Fire District No. 7 Contract Representative Assistant Chief Snow. Councilman Wyatt led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was received. Mayor Weatherill waited 3 minutes to allow Warren Olson, Executive Director of the Economic Development Council to join meeting. Mr. Olson did not appear at the Council meeting. At 7:35 PM Mayor Weatherill opened public hearing regarding an application for a Zone Reclassification (R-1131) and an application for a subdivision (SUB 99-1) as submitted by Chuck Childress, applicant, owner and contract purchaser. The property is located east of South Flower Avenue and west of West Avenue between Goldenrod Street and Fireweed Street. LEGAL DESCRIPTION: Attachment "A". City Planner Gross brought Council up-to-date on the Planning Commissions public meetings scheduled July 19, 1999 and August 4, 1999 and advised of their recommendation to deny the applications for a Zone Reclassification and a Subdivision. James Tracy, attorney representing applicant, Chuck Childress, clarified for the record the public hearing process and noted this hearing represents an application for a Preliminary Plat and a Zone Reclassification known as Flower Meadows. Mark Kuhlman, Team 4 Engineering and representing applicant, Chuck Childress, distributed a handout and displayed on the overhead a map which identified the current zoning, proposed zoning, the current comprehensive plan and existing development in the area. Mr. Kuhlman advised the development is proposed to be constructed in three phases. All 4 existing homes on the 12 parcels will remain and are incorporated into the development. Mr. Kuhlman reviewed the 50 conditions of approvals as listed in the staff report and offered revisions to several of the conditions. James Tracy, attorney representing applicant, Chuck Childress, placed into record Exhibit No. 1 the City Council packet which was distributed to Council prior to this meeting. In Mr. Tracy's final remarks he advised the proposed development falls within all the city's regulations and requirements. At 8:40 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:50 PM. Mayor Weatherill called for audience comments from those in favor of the proposed application for Zone Reclassification and subdivision as submitted by Chuck Childress. Doug Eide, 4033 Lasada Lane, Port Orchard, spoke in favor of the proposed applications and sympathized with the Council in the difficult decision they had to make, however he hoped the Council would follow the guidelines and purpose of the Growth Management Act. Mayor Weatherill called for audience comments from those opposed to the proposed applications concerning Flower Meadows as submitted by Chuck Childress. Larry Musser, 410 Goldenrod Street, submitted his letter into record dated September 13, 1999. The letter advised he and his wife are not totally against the proposed applications, however they would like the project to address the character of the surrounding community and further noted the residents of the area should have a say in what the surrounding area will look like and the kinds of dwelling units allowed in the area. September 13, 1999 Page 2 of 4 Kim Abel, 338 Goldenrod Street, also spoke in opposition to the proposed applications and advised her letters of opposition were included the City Council packet. David Hollar, 2397 S. Flower Avenue, stated the project is a still a non -harmonious plan, still has too many homes in the development and asked Council to uphold the Planning Commission's recommendation to deny these applications. Mark Kuhlman, Team 4 Engineering, representing applicant, Chuck Childress, advised during the recess the proponent has agreed to allow the tot lot be placed between lots 2 and 3 with a dimension of 50' x 90', and also submitted into record the fire hydrant tests of the area. Mayor Weatherill called for additional comments either for or against the proposed application for a Zone Reclassification (R-1131) and an application for a Subdivision (SUB 99-1) as submitted by Chuck Childress for property located east of South Flower Avenue and west of West Avenue between Goldenrod Street and Fireweed Street. As no response was received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for their consideration. After much discussion, Councilman Morrison moved to remand back to the Planning Commission the application for a Zone Reclassification (R-1131) and a Subdivision (SUB 99-1) as submitted by Chuck Childress for further review and clarification of the proposed changes to the plat map and suggested conditions. Some of the clarifications included are as follows: ❑ Clarification of Condition No. 19 — The applicant requests that this condition (development of the pump station) be allowed to be phased in, and further requests that the emergency generator be deferred until Phase 2 is brought on line. ❑ Condition No. 28 states there shall not be any access to West Avenue. The applicant requests access to West Avenue and is willing to dedicate 10 feet to meet a minimum standard and allow access for those 3 lots and a possible turnaround. Clarification — Will West Avenue be brought up to city standards? ❑ Condition No. 29 states where sidewalks are required, they shall be on both sides of the street, unless the City Council specifically authorizes a different sidewalk requirement. Applicant requests a sidewalk on one side only. ❑ Condition No. 26 states the street within Phase IIIB shall be a private road and each property within the mobile home park shall be a signatory to a road maintenance agreement. Further clarification needed - At one point the City stated all roads shall be public road or public access. Clarification needed if mobile home parks are considered private or public road. ❑ Condition No. 27 states unless specifically approved by the Fire Marshall, hammer head turns will not be used at the end of a road, public or private. Further clarification on what type of turn will be used in the proposed development. Motion was seconded by Councilman Van Zee. Motion passed with 5 ayes and 2 nayes. Councilmen Clauson and Wyatt voting nay. At 10:10 PM Mayor Weatherill called for a 10 minute recess, with meeting reconvening at 10:20 PM. On motion by Councilman Wyatt, seconded by Councilman Morrison, Council approved Ordinance No. 1767 requiring fire sprinkler systems in residential properties, with the following corrections, changing the effective date from September 1, 1999 to September 28, 1999 and adding "ed" to establish in paragraph (1)(b). Councilman Morrison moved to approve Ordinance No. 1770 repealing Ordinance No. 1086, and reestablishing provision for tax upon certain gambling activities and providing for the collection and enforcement of such tax, (POMC 5.28), seconded by Councilman Geiger. September 13, 1999 Page 3 of 4 During discussion of Ordinance No. 1770, Gary T. Chrey, attorney representing Tom Myers, Hi -Joy Bowl, submitted a letter into record asking for proposed Ordinance No. 1770 be reviewed further, due to the impact the proposed gambling tax rates may have on some of the gambling facilities in Port Orchard. On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council tabled, for further review and study, approval of proposed Ordinance No. 1770 repealing Ordinance No. 1086, and reestablishing provision for tax upon certain gambling activities and providing for the collection and enforcement of such tax, (POMC 5.28). Councilman Clauson moved to approve Ordinance No. 1768 repealing Ordinance No. 1745 (POMC 13.04) and reestablishing regulations providing for the control, management, maintenance and use of public and private water and sewer systems and providing rates for connection and use of such systems, seconded by Councilman Wyatt. Councilman Clauson moved to amend motion to include in Section 9 (1)(b) the definition of a full bath as follows "a sink, toilet and bathing facility", seconded by Councilwoman Powers and carried. Original motion as amended and unanimously approved, adoption of Ordinance No. 1768 repealing Ordinance No. 1745 (POMC 13.04) and reestablishing regulations providing for the control, management, maintenance and use of public and private water and sewer systems and providing rates for connection and use of such systems and to include in Section 9 (1)(b) the definition of a full bath as follows "a sink, toilet and bathing facility". On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council approved Ordinance No. 1769 repealing Ordinance No. 1180 and 1197 and reestablishing Port Orchard Municipal Code Chapter 5.08 and adding a new section 5.08.035 providing for definitions relating to the imposing of a utility business and occupational tax upon the telephone business, providing for the collection thereof, defining offenses and prescribing penalties. On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the following consent agenda items as follows: a. Minutes of the August 23, 1999 regular Council meeting. b. Approval of Claim Warrants Number 31410-31518 in the amount of $166,182.66 and August 1999 Payroll Warrants Number 132263-132425 in the amount of $233,490.95. C. Authorization for a 3% COLA wage adjustment for non -union represented part-time and full-time regular employees effective 10/1/99. This is same COLA adjustment as provided by labor agreement for union represented employees. d. Resolution No. 1871 designating code enforcement responsibilities for specific named employee. On motion by Councilman Clauson, seconded by Councilman Morrison, Council excused Councilman Van Zee from the October 11, 1999 Council meeting. Councilwoman Powers, Public Property Chair, moved to name of the downtown Waterfront Park - "Marina Park", seconded by Councilman Clauson and carried. September 13, 1999 Page 4 of 4 Councilwoman Powers, Public Property Chair, moved to authorize Case Excavation to rent a portion of the former landfill for a contractor storage yard, with the following conditions: ❑ The rent will be $250.00 on a month by month basis. ❑ The contractor will keep the yard's appearance neat and orderly. ❑ The city will receive a hold harmless agreement. ❑ The city is named insured on the Contractor's insurance for use of the site. Motion seconded by Councilman Clauson and carried unanimously. Councilwoman Powers, Public Property Chair, moved to authorize the Building Department to assist the Port of Bremerton, by expediting the permit process for their Water Street Boat Ramp Enhancement project, seconded by Councilman Morrison and carried unanimously. On motion by Councilman Geiger, seconded by Councilman Wyatt, Council authorized the City to reimburse the Grand Opening Committee the amount of $406.51 for expenses incurred due to the time capsule plaque installed as part of the Masonic Lodge Corner Stone Laying Ceremony. City Planner Gross introduced Brett Bures as the new Associate Planner/Code Enforcement Officer for the City of Port Orchard. Mayor Weatherill and Council welcomed Brett to the City of Port Orchard family. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the Mayor to sign the Addendum to Real Estate Purchase and Sales Agreement between the City of Port Orchard and the Kitsap County Consolidated Housing Authority to extend the closing date to October 31,1999 for the purchase of 900 Mitchell Avenue. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized Mayor Weatherill to sign Grant of Easement and Extinguish of Easement for Dennis E. and Michele M. Simpson for the revision to an easement during the construction of the Perry Avenue wall project. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council authorized Bay Ford to add their logo to the consolidated sign located on Port Orchard Boulevard and Bay Street. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the City Engineer to sign the Preventive Maintenance Agreement with Alpine Air for the maintenance of the City Hall HVAC system in the amount of $4,412. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the Mayor to sign Change Order No. 1 in the amount of $7,303 for the summer construction contract. At 11:40 PM Mayor Weatherill adjourned Council meeting. L4% js-a , Michelle Merlino, Deputy City Clerk A? LESLIE J. WEATHERILL MAYOR September 13, 1999 Attachment "A" RECEIVEEL LEGAL DESCRIPTIONS FOR FLOWER MEADOWS MAR U 8 1999 CITY OF PORT ORCHARD PUBLIC WORKS A portion of I•-nd In the Soureast 0t:arter of the Northwest Qua!•ter of Section 2, Township 23 Nlorth, Range 1 East c! the W;ilamette Meridian in Kitsap County, Washington described as follows: BEGINNING at a point South 89-0.1' West 797,69 feet and North 00037' West 825 test from the center of said Seaton 2: thence North 00'37' Yl.�st 179.30 tee.t; thence North V-01' East 48 220 feet; therice 179.30 feet to a point that bears North 89'01' East from the POINT OF BEGINNING; thence South 89001' West 483.54 feet to the PO..VT OF BEGINNING; EXCEPT the North 15 feet of the West 215 feet thereof conveyed to Jay Graham and Audrey Graham by deed recorded under Auditor's File No, 516469; TOGETHER WITH the following described property: BEGINNING at a point South 89'01' West 797,69 feet and North 0137' West 675 feet from the center of said Section 2; thence South 0037' East 285 feet; thence North 891,01' East 100 feet; thence South 0'37' East 15 feet; thence North 89101' East 374,36 feet; thence Northerly 300 feet to a point which bears North 89101' East 480.48 feet from the POINT OF BEGINNING; EXCEPT the North 75 feet of the West 208 feet thereof; ALSO TOGETHER WITH the following described property: BEGINNING at a point which Is South 89'01 `West 797,69 feet and North 0°37' West 150 feet from the center of said Section 2; thence continuing North 0037' West 75 feet; thence North 89'01' East 471,30 feet; thence South 0133'10" West 75 feet; thence South 89'01' West 469.76 feet to the POINT OF BEGINNING; ALSO TOGETHER -WITH the following described property; BEGINNING at a point which is South 89001' West 331 feet and North 00'53' East 75 feet from the center of said Section 2; thence South 89'01' West 468.22 feet; thence North 002'37' West 75 feet; thence North 89'01' East 469.76 feet; thence South 00153' West 75 feet to the POINT OF BEGINNING; ALSO TOGETHER WITH the West 100 feet o! the following described property: BEGINNING at a point 675 feet Seth of the Northeast corner of said Southeast Quarter of the Northwest Quarter of said Section 2; thence West 330 feet; thence South 258 feet; thence East 330 !eet; thence Noah 258 feet to the POINT OF BEGINNING; ALSO TOGETHER WITH the fo'toMng oescribed property, BEGINNING at .tie Southrr=s; cG ' er of the Sc,.:thYrest Quarter of the Northeast Quarter in said Section 2; thence rurr• ng Eas: is the canter of Back Jack C,sek,, thence in a Northeasterly d •sction to a p�);r•t 387 feet North of (lie south line c! the Southwest Qu;;-ter of the Northeast runn•rg West to the vrest line of the Southwest Quarter of the Northeast Quarter. thence Wes; 330 feet; thence South 387 feet; thence East 330 feet to the POINT OF BEGINNING; September 13, 1999 Atta.chz}eAt 99AaR- ALSO TOGETHER WITH the follow:-: described prc::erty: BEGINNING at a point 30 feet South ; ne Northeast :orner of the Southeast Quarter of the Northwest Quarter of said Sec 2; thence Wes,. 330 feet; thence South 258 feet; thence East 330 feet; thence Nor^ti 258 feet to the POINT OF BEGINNING; EXCEPT portions conveyed by .. ::or's File Nc•: 7901030099, 8701200158 and 8804210026; ALSO TOGETHER WITH the followi--a described prc;-Prty: BEGINNING at a point 288 feet Sou:, of the Northeast corner of the Southeast Quarter of the Northwest Ouarler of said Sect on 2; thence West 330 feet; thence South 387 feet; thence East to the west'ine of o•op!-/ sc!d to Ralp?• Bernhardt and Juanita Bernhardt, husband and wif a, by deed dated 18, 1943 a^ recorded under Auditor's File No. 380750; thence North a'ong 1113 r; line of the Bc ��hardt property to the Northwest corner of said tract; thence East . S0 feet; thenc:• North to the TRUE POINT OF BEGINNING; EXCEPT that portion conveyed by Al;:Jilor's File No, 929621; ALSO TOGETHER WITH the following described prc❑=rty: BEGINNING 675 feet South of the 'Northeast corne• of the Southeast Quarter of the Northwest Quarter of said Section 2; thence West 190 fee; to the TRUE POINT OF BEGINNING; theme cortinuin;i Wes: 40 feet; thence :•wth 258 fee;; thence East 40 feet; thence North 258feet to the TRLiE POINT OF BEGIP,`dING; ALSO TOGETHER WITH the following described prc::erty: BEGINNING at a point 933 feet South of the Northea� t Quarter corner of the Southeast Quarter of the hlorth,vest Quarter of sa:d Section 2; 0-lance West 330 feet; thence South 29 feet, more or less, ;o a poet on a line 387 fee, North of t'I.e south line of said subdivision; thence East 330 feet to the east line of said subdivision: thence North 29 feet, more or less, to the POINT OF BEGINNING. AND TOGETHER WITH the following described property: The East 220.00 feet of the following; BEGINNING at a point South 89 01' West 797.69 feet and North 0 37' Wcst 225 feet from the center of said Section 2: thence North 0 T West 165 feet: thence North 89 O1' East 100 feet; thence South 0 T 15 feet; thence North 8(f01' East 374.36 feet: thence Southerly 150 feet to a point which bears North 89 Ol' East from the Point of Begi nning: thence South 8TO1' West 471.30 feet to the Point of Beginning; AND TOGETHER WITH the following described property: The East 445 feet of the North 220 feet of the Northeast quarter of the Southwest quarter of Section 2, Township 23 North, Range 1 East, W,M., in Kitsap County, Washington, The above description is a composite of descriptions from deed and does not reflect any field surveys. It is possible that some deed descriptions may be in conflict.or disagreement with each other, and will not be resolved without a field survey.