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06/23/1997 - Regular - MinutesPort Orchard, Washington June 23, 1997 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. Councilmembers present: Clauson, Wyatt, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Police Chief Mathews, Deputy Clerk Merlino, City Planner Gross, City Engineer Curles, Fire Chief Snow, City Clerk Parks and City Attorneys Hanson and Ryan. 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 presented the 1997 Spring Good Neighbor Award. The Commercial Category recipient is Harrison Hospital for the South Kitsap HealthCare Campus, located at 450 South Kitsap Boulevard. The Residential Category recipient is Jeff and Tyna Munger located at 804 Dwight Street. These awards are to recognize the contribution of individuals and businesses who enhance the aesthetic quality of their neighborhood. Mayor Weatherill opened the 7:30 PM Public Hearing regarding an application for a Zone Reclassification from Residential Low to Residential High to allow two (2) short plat subdivisions of 1.13 and 1.25 acres respectively into four (4) duplex lots per parcel and one (1) lot line adjustment to enlarge a potential duplex lot to 9,000 square feet. The sites are located on the north and south sides of Poplar Street near the 300 block. The owner and applicant is James D. Formiller. LEGAL DESCRIPTION - Exhibit "A" City Planner Gross illustrated on a map where the proposed rezone is located and discussed the reasons for the Planning Commission recommendation to deny, citing concerns relative to potential increase in traffic, storm water runoff and parking. David Bastian, attorney representing Dino Formiller, owner of record, addressed the issues that were raised during the Planning Commission meeting specifically stormwater runoff. Mr. Bastian also stated Mr. Formiller's application is consistent with the Comprehensive Plan. James Formiller, owner of record, presented a map indicating the zoning in the area and illustrated how this project would help transition the project from Residential Low to Residential High. Mayor Weatherill asked for audience comments from those opposed to the proposed reclassification to allow two short plat subdivisions. Brad Seger, 151 Poplar Street, expressed a concern about water runoff and increase in rental properties in the neighborhood. Mark Bricker, 1785 Sidney Avenue, stated he is not opposed to the project, however voiced his concern regarding increase in traffic. He stressed the desire to have the neighborhood remain a single family neighborhood. June 23, 1997 Page 2 of 5 Charles Bowman, 106 Poplar Street, addressed Council concerning the increase in population and traffic on Poplar Street. Susan Venard, MAP, Ltd., who prepared the preliminary design of the water detention facilities noted they have met all the required standards for stormwater discharge. At this time, Mayor Weatherill called for additional audience comments. Since no response was received Mayor Weatherill closed the Public Input portion of the Public Hearing and referred this matter to Council for their consideration. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council reopened the Public Hearing regarding the proposed reclassification to allow two short plat subdivisions located on the north and south sides of Poplar Street near the 300 block. David Bastian, attorney representing Dino Formiller, owner of record, suggested a compromise by granting the rezone on the south side of the proposed project to allow the duplexes and deny the rezone on the north side of the project. Mayor Weatherill called for additional comments regarding the proposed reclassification to allow two short plan subdivisions on the north and south sides of Poplar Street near the 300 block. Mayor Weatherill closed the Public Input portion of the Public Hearing and referred this matter to Council for their consideration. Councilman Van Zee moved to (1) approve the Zone Reclassification application on the south side of Poplar Street near the 300 block to allow four duplex lots; (2) deny the Zone Reclassification on the north side of Poplar Street near the 300 block; (3) allowed for tight drainage to the wetlands; (4) prior to final plat approval, the developer shall pay $1500.00 for City playground equipment, seconded by Councilman Geiger. Councilwoman Powers moved to amend motion to incorporate the 15 conditions as recommended in Staff Report R-1126 as applicable to the amended project, seconded by Councilman Van Zee. Councilman Clauson presented motion to (1) table amended motion to allow the applicant time to submit a revised site plan depicting the proposed revision; and, (2) reopen and continue the Public Hearing to July 14, 1997 at 7:50 PM. This will provide an opportunity for staff and public review of an amended site plan. Motion to table was seconded by Councilman Wyatt and carried. Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:05 PM. Mayor Weatherill opened the 7:35 PM Public Hearing regarding the 6-year Transportation Improvement Program for the year 1998-2003. City Engineer Curles outlined the proposed Six -Year Transportation Plan schedule for the year 1998-2003. June 23, 1997 Page 3 of 5 Mayor Weatherill called for further public input either for or against the proposed Six -Year Transportation Plan. As no additional response was received from the audience, Mayor Weatherill closed the public input portion of the Public Hearing and referred matter to Council for consideration. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Resolution No. 1776 adopting the Six -Year Transportation Improvement Program for the year 1998-2003. Brett Ness, 241 Tremont, addressed Council concerning the City Engineer's request to trim the laurel hedge on his property located at 241 Tremont Street. Mr. Ness does not have a problem with trimming the hedge, however due to the danger of trimming the hedge on a busy arterial, he has refused to do so. After much discussion, Mr. Ness agreed that the Public Works Department may trim the hedge. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council determined the "Welcome to Port Orchard" sign shall be a monument sign not to exceed 11' in height and not installed on block or concrete foundation. This sign will be located in the area west of Grant Street. Council continued discussion, from the June 9, 1997 meeting, regarding Di Anna Minor's request for a variance from POMC 7.12.090 Animal Ownership Restriction limiting the number of dogs in one household. Dana Matheson, 1134 Spokane Street, spoke regarding Di Anna Minor's dogs and stated she has walked past the residence many times and has not heard or been bothered by Di Anna Minor's dogs. Councilman Geiger moved to allow the variance from POMC 7.12.090 Animal Ownership Restriction by allowing her to maintain ithe dogs she currently has within her household, seconded by Councilman Grable. Councilman Clauson moved to amend motion to allow a temporary variance for an interim period of 120 days, which would allow for an amendment to the animal control ordinance to include Hobby Kennel Licenses, seconded by Councilwoman Powers and carried. Original motion, as amended to allow a temporary variance of POMC 7.12.090 Animal Ownership Restriction allowing her to maintain the dogs she currently has within her household for an interim period of 120 days. During the 120 days the city will draft and consider an amendment to the animal control ordinance to include Hobby Kennel Licenses. Motion passed with 7 ayes. On motion by Councilman Grable, seconded by Councilman Clauson, Council approved the Consent Agenda items as follows: a. Minutes of the following Council meeting: (1) June 9, 1997 regular meeting June 23, 1997 Page 4 of 5 (2) June 4, 1997 Study Session re: Zoning Code Ordinance b. Approval of Claim Warrant Nos. 26950-27028 in the amount of $159,842.41. C. Resolution No. 1777 supporting the City Treasurer's participation in the Municipal Treasurer's Association, United States & Canada. d. Approval of Western International Fireworks Display Permit for July 4, 1997. City Planner Gross reminded Council of the June 25, 1997 at 7:30 PM continued Public Hearing meeting regarding the Zoning Code Ordinance. On motion by Councilwoman Powers, seconded by Councilman Grable, Council declared as surplus to the needs of the City and authorized staff to advertise for sale by sealed bids, property located at Melcher and West Street (Tax Account No. 4048-001-022-0107. This property was acquired through the ULID foreclosure process.) On motion by Councilman Van Zee, seconded by Morrison, Council authorized the City Engineer to mail the second draft memo (dated 6/23/97) to George Mason regarding the Gorst Area Sanitary Sewer. On motion by Councilman Geiger, seconded by Councilman Van Zee, Council set July 14, 1997 at 7:45 PM as a Public Hearing regarding the Emergency Amendment to the Comprehensive Plan to allow municipal services to extend outside of the Urban Growth Boundaries when public health concerns exist. Councilman Van Zee moved to accepted the plans submitted by RV and Associates for the landscaping at the intersection of Old Clifton Road and Lloyd Parkway with the City paying for the watering of the landscaping, seconded by Councilman Morrison. Councilman Geiger amended motion by suggesting an alternative to the landscaping plans to install a "Waterwise Garden" (as displayed at the Givens Community Center on Sidney Avenue). This garden consists of drought tolerant species, seconded by Clauson. Original motion, as amended, to accept the plans submitted by RV and Associates for the landscaping at the intersection of Old Clifton Road and Lloyd Parkway and to also suggest an alternative plan by installing a "Waterwise Garden" which consists of drought tolerant species and the city paying for the watering of the landscaping. Motion passed with 7 ayes. On motion by Councilman Clauson, seconded by Councilman Van Zee, Council authorized the Mayor to sign the Interlocal Agreement for Establishing Water Utility Service Area Boundaries as Identified by the Kitsap County Coordinated Water System Plan. On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the City Engineer to barricade and close Bank Street between Prospect Street and Bay Street for a work area during the construction of the new City Hall. June 23, 1997 Page 5 of 5 On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the City Engineer to proceed with the replacement of two office windows in the Port Orchard Library in the approximate amount of $3,600.00. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the City Engineer to replace the hinges on the boat ramp floats in the approximate amount of $18,868.65. At 11:00 PM Mayor Weatherill adjourned Council into Executive Session for 55 minutes to discuss the proposed Fire Protection Consolidation Contract. Mayor Weatherill reconvened Council into regular session and immediately adjourned meeting at 11:55 PM. . Meeting adjourned at 11:55 P.M. --fit OaLcck-� Michelle Merlino, Deputy Clerk MAYOR LESLIE J. WEA HERILL, June 23, 1997 "EXHIBIT All Timberline Development's Poplar Street Properties LEGAL DESCRIPTIONS 352401-3-022-2004 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: . BEGINNING AT THE INTERSECTION OF THE SOUTHERLY MARGIN OF POPLAR ROAD FORMERLY CHOUINARD ROAD AND THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE NORTH 89° 32' WEST ALONG SAID SOUTHERLY MARGIN 250 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 89° 32' WEST, ALONG SAID SOUTHERLY MARGIN TO A POINT WHICH IS 219.65 FEET EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 224.22 FEET; THENCE EAST TO A POINT WHICH IS SOUTH 00 28' WEST OF THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 28' EAST TO THE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON; 352401-3-021-2005' THE WEST 50 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND, TO=WIT; THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY MARGIN OF POPLAR ROAD, FORMERLY CHOUINARD ROAD AND THE WESTERLY MARGIN OF SIDNE ROAD; THENCE NORTH 89° 32' WEST ALONG THE SOUTHERLY MARGIN OF SAI/6 POPLAR ROAD 250 FEET; THENCE SOUTH 00° 28' WEST 100 FEET; THE CE SOUTH 89' 32' EAST TO THE WESTERLY MARGIN OF SIDNEY ROAD; T NCE NORTH 18° 41' EAST ALONG SAID WESTERLY MARGIN TO THE POINT_ -OF BEGINNING; SITUATE IN KITSAP COUNTY, W4SHINGTON. 352401-3-024-2002 "TOTAL PARCEL" THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; RUNNING THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION N 89° 14' 20" E - 439.30 FEET; THENCE S 020 07' E - 227.11 FEET TO THE NORTH MARGIN OF RIGHT-OF-WAY OF POPLAR STREET AS PER DEED IN VOLUME 311, PAGE 105 OF KITSAP COUNTY RECORDS; THENCE ALONG SAID MARGIN OF ROAD S 89° 23' 40" W - 439.30 FEET; THENCE N 020 09' W - 225.81 FEET TO THE POINT OF BEGINNING; EXCEPT THE WEST 200 FEET OF THE SAID TRACT; SITUATE IN KITSAP COUNTY, WASHINGTON. #4997.00 , r