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.
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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 ,
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