07/14/1997 - Regular - MinutesPort Orchard, Washington
July 14, 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, Geiger, Powers, and Grable. Councilmen Wyatt c and Van Zee excused. Staff
present: Police Chief Mathews, City Engineer Curles, City Planner Gross, City Treasurer
.. .............. ..... .............
Tompkins, Fire Chief Snow,:::.'.' i".:.. ...E ..i # t sx Deputy Clerk Merlino, and City Attorney Hanson.
City Attorney Ann Hanson 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.
Councilwoman Powers presented a plaque which had been presented to the City on July 10,
1997 by the Given's Community Center. The plaque is in appreciation of the City's contribution
supporting the free summer concerts held in the Port of Bremerton Waterfront Park.
Mayor Weatherill opened the 7:30 PM Public Hearing regarding Street Vacations as submitted
by Chuck Childress for property located on (1) Howard Avenue right-of-way as shown on the Plat
of Sidney Villa Addition to Sidney lying between Block 2, and Block 3 of said Plat and bounded
on the north by Melcher Street and bounded on the south by an easterly extension of the south
line of Lot-16, Block 2, except the portion lying within Port Orchard Boulevard and (2) an
unnamed alley south of Melcher between Sherman Avenue and Howard Avenue.
City Clerk Parks gave staff report on the proposed Street Vacations and noted applicant was in
the audience to answer questions.
Chuck Childress, applicant, pointed out on a drawing where the proposed Street Vacations are
located. Mr. Childress also proposed an exchange of a portion of City right-of-way for an
easement for the City sewer lines which was inadvertently built on his property.
Michelle Graves, 1265 Sherman Avenue, expressed a concern with erosion and clearing of trees
along Port Orchard Boulevard.
Chuck Childress, applicant, responded he is not taking any trees off Howard Avenue or Port
Orchard Boulevard which would cause any erosion in the area.
Mayor Weatherill called for additional public input either for or against the petition to vacate
property located on (1) Howard Avenue right-of-way as shown on the Plat of Sidney Villa
Addition to Sidney lying between Block 2, and Block 3 of said Plat and bounded on the north by
Melcher Street and bounded on the south by an easterly extension of the south line of Lot 16,
Block 2, except the portion lying within Port Orchard Boulevard and (2) an unnamed alley south
of Melcher between Sherman Avenue and Howard Avenue. As no response was received,
Mayor Weatherill closed the public input portion of the public hearing and referred this matter
to Council for consideration.
Councilman Clauson moved to authorize the (1) Street Vacation for property located on Howard
Avenue right-of-way as shown on the Plat of Sidney Villa Addition to Sidney lying between Block
2, and Block 3 of said Plat and bounded on the north by Melcher Street and bounded on the
south by an easterly extension of the south line of Lot 16, Block 2, except the portion lying within
Port Orchard Boulevard and an unnamed alley south of Melcher Avenue between Sherman
July 14, 1997
Page 2 of 5
Avenue and Howard Avenue; (2) authorized an exchange of a portion of City right-of-way (the
unnamed alley and Howard Avenue) for a sewer easement in lieu of required monetary payment;
(3) waive the development standards for Howard Avenue and provide a roadway access to
property between Howard and Sherman Avenue, seconded by Councilman Wyatt.
Councilman Geiger moved to (1) table motion to allow the Street Vacations to be reviewed by
the Street Committee; and (2) reopen and continue the Public Hearing on July 28, 1997 Council
meeting at 7:30 PM, seconded by Councilwoman Powers and carried with 3 ayes and 2 nays.
Councilmembers Clauson and Wyatt voting nay.
Mayor Weatherill opened the 7:45 PM Public Hearing regarding the emergency changes to the
Utilities Element of the Comprehensive Plan Change.
City Planner Gross discussed the amended wording proposed to change the Utilities Element
to allow municipal utilities extensions outside city limits but within the Urban Growth Boundaries.
Mayor Weatherill called for audience comments regarding the emergency changes to the Utilities
Elements of the Comprehensive Plan. 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.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council approved and
adopted changes to the Utilities Elements of the Comprehensive Plan and further directed Staff
to prepare an Ordinance for adoption at the July 28, 1997 Council meeting.
Mayor Weatherill opened the continued the 7:50 PM Public Hearing regarding an application for
a Zone Reclassification as submitted by James D. Formiller for property located on the north and
south sides of Poplar Streets near the 300 block. LEGAL DESCRIPTION: Exhibit "A"
James Formiller, applicant, proposed the current zoning designation of Residential Low remain
on the north parcel and only the two south parcels be approved for a reclassification from
Residential Low to Residential High Zoning. Mr. Formiller stated this reduction would reduce the
scope and density of the project.
Charles Bowman, 105 Poplar Street, spoke in opposition to the proposed duplexes and
expressed a concern with the narrow street and increase in traffic.
John English, 105 Poplar Street, also spoke in opposition to the project, and reiterated the same
concerns as Mr. Bowman regarding the increase traffic in the area.
Michelle Murphy, 110 Poplar Street, opposed the development and expressed a concern
regarding increase in traffic and safety of children in the area.
David Bastian, attorney representing James Formiller, referred to Public Works Memorandum
dated June 12, 1997 which advised Poplar Street was adequate for the proposed development.
Mayor Weatherill called for additional public input regarding an application for a Zone
Reclassification as submitted by James D. Formiller for property located on the north and south
sides of Poplar Streets near the 300 block. As no further response was received, Mayor
July 14, 1997
Page 3 of 5
Weatherill Closed the public input portion of the Public Hearing and referred this matter to
Council for their consideration.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council removed from table
the Tabled Motion to amend original motion (6/23/97 meeting) to incorporate the 15 conditions
as recommended in Staff Report R-1126 as applicable to the amended project [as presented by
Councilwoman Powers, seconded by Councilman Van Zee].
Upon call for the question on the amendment to the original motion, Council unanimously
approved the amendment.
Council then called for the question on the original motion as amended to (1) approve the Zone
Reclassification application on the south side of Poplar Street near the 300 block to allow four
duplex lots and lot line adjustment for one (1) duplex lot; (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,
(5) to incorporate the 15 conditions as recommended in Staff Report R-1126 as applicable to the
amended project. Motion passed with 4 ayes and 1 nay. Councilwoman Powers voting nay.
Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:03 PM.
Steve Davis, R.V Associates, Inc., requested permission to revise the Port Orchard Industrial
sign design, previously approved on April 8, 1996. The sign is located at the intersection of Old
Clifton Road and Lloyd Parkway.
On motion by Councilwoman Powers, seconded by Councilman Grable, Council authorized R.V
Associates to revise the Port Orchard Industrial sign design, previously approved on April 8,
1996 to be located at the intersection of Old Clifton Road and Lloyd Parkway, subject to a new
sign agreement and the planting of drought tolerant landscaping in front of the sign.
City Engineer reported on bid opening held July 9, 1997 at 4:30 PM regarding construction of
the new City Hall. Nine bids were received with the required bid bonds. Attachment "B"
Mayor Weatherill placed this matter into Committee for further review, since all nine bids
exceeded the architect's estimate.
City Engineer reported on bid opening held July 11, 1997 at 4:30 PM regarding installation of
short sections of culverts and mains in five different locations. Two bids were received with the
required bid bonds as follows:
Olsen's Land Development $42,520.00
Pape and Sons Construction Co. $45,965.00
ENGINEER'S ESTIMATE $28,130.00
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council accepted the
bidding for the installation of short sections of culverts and mains in five different locations and
awarded the project to the low bidder, Olsen's Land Development in the amount of $42,520.00.
July 14, 1997
Page 4 of 5
On motion by Councilman Grable, seconded by Councilman Clauson, Council approved the
consent agenda as follows:
a. Minutes of the following Council meetings:
(1) June 23, 1997 regular meeting.
(2) June 25, 1997 Study Session re: zoning code ordinance
b. Approval of Claim Warrant Nos. 27029-27152 in the amount of $189,627.13 and
June 1997 Payroll Warrant Nos. 127326-127532 in the amount of $228,531.85.
C. Resolution No. 1779 establishing a policy to not refund water -sewer utility
overpayments of five ($5.00) or less.
d. Ordinance No. 1683 repealing ordinances and establishing 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.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the
Police Department to enter into a lease with the Harley-Davidson Motorcycle Company for two
motorcycles at the lease rate of $100.00 per month per motorcycle.
City Planner Gross presented a request submitted by Matthew Randish, M&M Market and
Texaco Station, 451 South Kitsap Blvd., seeking an extension of the time limit on the temporary
sign which was allowed on a city sign post in the public right of way on Tremont Street.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the
Planning Department to approve Mr. Randish's request to extend the temporary sign on the
public right of way on Tremont Street an additional 12 months to July 14, 1998.
Council designated August 4, 1997 as a Study Session to allow Kitsap County Fire District No.
7 the opportunity to respond to the Fire Protection Contract.
On motion by Councilwoman Powers, seconded by Councilman Grable, Council adopted
Resolution No. 1780 establishing the Lodging Tax Advisory Committee.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the City
Engineer to contract with Norm Olson and Associates for the design and repairs to Perry
Avenue, which was damaged during the 1996-1997 winter storms.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the
City Engineer to contact the Department of Transportation and Puget Sound Regional Council
and request transfer of the allocated Federal Funding from the Annapolis Walkway project to the
Bethel Wye Roundabout Project.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council authorized the
City Engineer to allow the Kitsap County Consolidated Housing Authority perform site testing at
the red barn (900 Mitchell Avenue) at no cost to the City.
July 14, 1997
Page 5 of 5
On motion by Councilman Clauson, seconded by Councilman Geiger, Council declared as
surplus 18 Survivair Air Pack Units with 21 steel bottles and 15 composite bottles, and
authorized the Fire Department to dispose of these items, in the best interest of the City.
On motion by Councilman Wyatt, seconded by Councilman Clauson, Council excused
Councilman Morrison from this Council Meeting.
At 10:10 PM Mayor Weatherill adjourned Council into Executive Session for 15 minutes to
discuss labor contract negotiations and subsequently extended the Executive Session an
additional 45 minutes.
Mayor Weatherill reconvened Council into regular session and adjourned meeting at 11:10 PM.
Michelle Merlino, Deputy Clerk
44-Z��
LESLIE J. WEATHERILL, MAYOR
July 14, 1997
11EXHIBIT 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 0° 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 SIDNEY
ROAD; THENCE NORTH 89° 32' WEST ALONG THE SOUTHERLY MARGIN OF SAID
POPLAR ROAD 250 FEET; THENCE SOUTH 00° 28' WEST 100 FEET; THENCE
SOUTH 89° 32' EAST TO THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE
NORTH 18° 41' EAST ALONG SAID WESTERLY MARGIN TO THE POINT OF
BEGINNING;
SITUATE IN KITSAP COUNTY, WASHINGTON.
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 02° 07'
E - 227.11 FEET TO THE NORTH MARGIN OF RIGHT-OF-WAY OF POPLAR
STREET AS PER DEED IN VOLUME 3111 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
NEW HALL July 14, 1997
Attachment "B"
July 9, 15a7 - 4:30 PM
CONTRACTOR
ADDENDA
#1
BID
BOND?
BASE
PRICE
LINE 1
BASE PRICE
TAX
LINE 1a
ALTERNATIVE #1
FOUNTAIN
LINE 2.
ALTERNATIVE
#1-TAX
LINE 2a
TOTAL
BID PRICE
LINE 3
3. Berschauer Phillips Construction
Yes
Yes
4,697,363.00
380,486.00
24,661.00
1,998.00
5,104,508.00
2. Kassel Construction
Yes
Yes
4,687,458.00
379,684.00
21,599.00
1,750.00
5,090,490.00
7. Bodenhamer, Inc.
Yes
Yes
4,959,000.00
401,697.00
22,000.00
1,782.00
5,384,461.00
5. Lugo Construction
Yes
Yes
4,832,815.00
391,458.04
16,693.00
1,352.13
5,242,318.43
4. Wade Perrow
Yes
Yes
4,707,111.00
381,276.00
22,200.00
1,798.00
5,112,385.00
6. Cree Construction
Yes
Yes
4,888,000.00
395,928.00
25,000.00
2,025.00
5,310,095.00
9. Drury Construction
Yes
Yes
5,700,000.00
461,700.00
30,000.00
2,430.00
6,194,130.00
1. Andrew Noel Construction
Yes
Yes
4,625,000.00
374.625.00
47,000.00
3,807.00
5,050,432.00
8. Finnigan Construction
Yes
Yes
5,249,083.00
425,175.00
23,355.00
1,891.00
5,699,505.00
ENGINEERS ESTIMATE
3,900,000.00
315,900.00
50,000.00
4,050.00
4,269,950.00