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02/12/1996 - Regular - Minutes2 Port Orchard, Washington February 12, 1996 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers present: Clauson, Wyatt, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Deputy Clerk Hager, Police Sergeant Loflin, City Planner Gross, City Engineer Curles, Fire Chief Snow, City Clerk Parks and City Attorney McCloskey. Councilwoman Powers 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. On motion by Councilman Grable, seconded by Councilman Van Zee, Council approved the consent agenda as follows: a. Minutes of the following Council meeting: (1) January 22, 1996 regular meeting, with the following correction, page three, paragraph 1 and 2 IUD.. Weatherill (2) February"'S "'�I0'9'5""°St'udy Session re: downtown revitalization (3) February 7, 1996 Study Session re: City Hall design b. Payment vouchers as follows: Claims Warrant No. 24051-24155 in the amount of $80,547.04 and January 1996 Payroll Warrant No. 123825-124008 in the amount of $194,616.38. C. Proposed Ordinance No. 1647 dedicating "Lloyd Parkway" as a public right-of-way. (extending existing Lloyd Parkway right-of-way) d. Proposed Resolution No. 1723 supporting the Sidney Landing Project. e. Claim for Damages submitted by T.C. Wiggins in the amount of $78.44 caused by sewer main back-up. Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application to reclassify property located on the west side of Pottery approximately 400 feet south of Melcher from Residential Low to Residential High and also an application for a Preliminary Plat which would subdivide 10 acres into 37 single family residential lots with approximately 2.78 acres remaining in open space. The property for the project, commonly known as Golden Pond, currently has addresses consisting of 1280, 1290 and 1330 Pottery Avenue. The contract purchaser is J & H Limited Liability Partnership and their representative is Keene Engineering. LEGAL DESCRIPTION: Attachment "A" City Planner Gross distributed a revised site plan dated 2/06/96 for the proposed project. Planner Gross briefed Council on Planning Commission's recommendation for denial of the proposed project, which included, but were not necessarily limited to storm drainage, traffic congestion and flag lots. Mayor Weatherill called for public input from those in favor of the proposed application for zone reclassification from Residential Low to Residential High and a Preliminary Plat application for property located on the west side of Pottery Avenue and south side of Melcher Street. John Keene, Keene Engineering, made the following comments: (1) stormwater run-off would be diverted to Ross Creels and would not increase water in the pond; (2) the proposed project meets the criteria of the Ross Creek Management Plan; (3) each home February 12, 1996 Page 2 of 6 would contribute $400.00 and the project would contribute 30' of right-of-way for future development and improvements to Pottery Avenue; (4) one lot would be eliminated to provide a second detention pond for nutrient and storm water control, thus reducing the total number of residential lots to 36; (5) a fence will be installed around the wetland buffer; and (6) Tot Lot will have a guardrail. Paul Dawson, 1330 Pottery Avenue, asked for support of the project and advised they have not had a problem with stormwater from the Group Health Facility. Mr. Dawson outlined his perception of the deficiencies of the existing neighborhood and of how this project will substantially improve the quality of the area. He also stated that it is his belief that Pottery Avenue will not be improved unless a large development is approved in the neighborhood. Carol Dawson, 1330 Pottery Avenue, urged Council to support the project. Mayor Weatherill called for input from those opposed to approval of the zone Reclassification Application and Preliminary Plat Application for the Golden Pond Project on Pottery Avenue. Laurie Walton, 240 Mel Cher Avenue, stated she likes the neighborhood the way it is, with the wildlife and quietness of the area. Mark Anderson, 1375 Pottery Avenue, voiced a concern about the wildlife in the neighborhood and the increased density. Mr. Anderson was not opposed to the project in general, but stated it should be on a much smaller scale. Jeffery Neill, 1334 Pottery Avenue, also expressed a concern with the proposed high density in the neighborhood and suggested the developer scale the project down to a smaller development. Brian Lovik, 1236 Pottery Avenue, stated the proposed project has too many houses and expressed concern about overcrowding. Mr. Lovik also was not opposed to the proposed development but would like to see the development scaled down and suggested 1/2 to 1 acre lots. Mike Dawson, 1280 Pottery Avenue, spoke in favor of proposed project. Tom Pritchard, 1355 Pottery Avenue, expressed two concerns with the development regarding (1) water run-off and (2) capability of connection to the City sewer mains. Brent Lovik, speaking for himself and on behalf of Ruth and Mel Lovik, 1236 Pottery, posed the following questions: (1) how will the projected density impact property values; how will storm water run off be handled; since 80 - 90 % of the pond is on the Lovik's property, how will adjacent property owners rights and liability be protected? He also expressed concern about flag lots, danger to wildlife in area, and water contaminant. Liz Sanders, 280 Mel cher, reiterated the same concerns expressed by the Lovi ks regarding the proposed development. Todd Cramer, 409 Givens, voiced concern with the increase of silt and debris infiltration in Ross Creek due to the many developments that are being proposed or have been approved in this area. A February 12, 1996 Page 3 of 6 John Keene, Keene Engineering, representing applicant, gave a brief rebuttal stating each flag lot will have a 12' to 15' driveway and further acknowledged that applicant agrees to fence the entire northern boundary which includes around the pond. Robert Gallegos, 340 Tremont St., concurred with concerns expressed regarding increased high density in the area and also suggested the proposed project be scaled down. Brent Lovik reaffirmed the concerns voiced by other interested citizens, stating he is not opposed to the proposed development but would like to see the proposed development on a smaller scale. Mayor Weatherill called for further public input either for or against the application for a Zone Reclassification from Residential Low to Residential High and the application for Preliminary Plat. As no response was received, Mayor Weatherill closed the public input portion of the Public Hearing and referred matter to Council for their consideration. On motion by Councilman Clauson, seconded by Councilman Morrison, Council denied J & H Limited Liability Partnership's Application for Zone Reclassification and adopted Planning Commission Resolution No. 258-96 with facts of finding and conclusions, excluding that portion of Resolution No. 258-96 regarding the Application for Preliminary Plat. Project location: at 1280, 1290 and 1330 Pottery Avenue. Motion passed with 7 ayes and 0 nays. (After recess Councilman Geiger requested his vote be changed from aye to nay, which would reflect he was in favor of approving the rezone application for the Golden Pond project.) Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:40 PM. Mayor Weatherill opened the 7:40 PM Public Hearing regarding an Application for a Zone Reclassification submitted by Jerry Louden seeking to reclassify .66 acres of property located on the west property line of 2410 Sidney Avenue from Residential Low to Residential High. Approval would allow a short plat subdivision of the property into three (3) duplex lots. Mr. Loudon's representative is Map, LTD. LEGAL DESCRIPTION: Attachment "B". City Planner Gross gave staff report and discussed the Planning Commission's recommendation for approval of the proposed reclassification with conditions. Mayor Weatherill called for public input either for or against the proposed reclassification for property located on the west property line of 2410 Sidney Avenue. 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. Councilman Geiger presented motion, which was seconded by Councilman Clauson, to adopt Planning Commission Resolution No. 259-96 as their own and approved the Zone Reclassification, with 16 conditions as listed in PC Res. 259-96, reclassifying .66 acres of property located on the west property line of 2410 Sidney Avenue from Residential Low to Residential High. Council Clauson moved to amend motion to include additional condition that no parking be allowed within the 20 foot access easement, seconded by Councilman Van Zee and carried with 7 ayes. Council unanimously approved original motion as amended, to adopt Planning Commission Resolution No. 259-96 as Council's own and approved the Zone Reclassification of .66 4 February 12, 1996 Page 4 of 6 acres located on the west property line of 2410 Sidney Avenue from Residential Low to Residential High with the following 17 conditions: 1. One (1) street tree with a minimum height of 6 feet and 13� inches in diameter shall be installed within the front yard of each dwelling unit (i.e., two (2) street trees per duplex) prior to Certificate of Occupancy. 2. Buildings, including accessory uses, shall cover not more than 40% of the total lot area. 3. The required off-street parking spaces shall not occupy more than 50% of the required front yard setback. 4. All water system improvements will be complete and the as built drawings will be accepted by the City prior to any building permit Certificate of Occupancy being issued. 5. All sewer system improvements will be complete and the as built drawings accepted by the City prior to any building permit Certificate of Occupancy being issued. 6. The street (access easement) shall have a minimum 20 foot paved traveled way. 7. The turn around at the west end of the street (access easement) shall be approved by the City Fire Department. 8. The street (access easement) shall not be a City street. 9. The stormwater system shall be designed and constructed to meet the standards that are in effect at the time of the issuance of the excavation or building permit. 10. All areas that have been disturbed during construction, but not constructed upon by 1 October of the year shall be hydroseeded or covered with straw to minimize sediment erosion. 11. The stormwater system shall be designed by a professional engineer. 12. All stormwater system improvements will be complete prior to issuance of any Certificate of Occupancy. 13. All lots will be surveyed and recorded. 14. Hydrant must be located at the roadway entry and shall be equipped with 5-inch Storz fitting. 15. A turn around on Lot A is required for emergency vehicles. A 20 foot undisturbed roadway is required for emergency vehicle access. 16. To reduce the impact to the school system, mitigation fees will be paid at the time of building permit issuance, if the City adopts a general implementing ordinance of the school impact fees prior to the date that a complete building permit application is accepted. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. A February 12, 1996 Page 5 of 6 17. No on site parking shall be allowed within the access easement, parking must be provided on the buildable portion of the subject property. Rudy Swenson, Chairperson for Street Fair, requested Council review and reconsider their action taken January 22 which approved the 1996 Cruz Public Event Application and partially approved the 1996 Street Fair Public Event Application. Van Vlist, Chairperson for Cruz '96, suggested the Street Fair utilize Say Street for their event activities and Cruz '96 would use the waterfront parking lot. After much discussion, Mayor Weatherill placed this matter into the Street/Alley Committee for further review and recommendation. Robert Gallegos, 340 Tremont Street, spoke on behalf of himself and two citizens who have submitted a written request that Council reconsider approval of the South Kitsap Health Care Campus sign design and placement. Mr. Gallegos expressed concern with the continual erosion and deterioration of residential integrity of the neighborhood. City Attorney McCloskey reviewed process utilized when Council approved the South Kitsap Health Care Campus sign design and placement. Fred Karakas, downtown business owner, expressed a concern with the City not following the Tremont Corridor Plan. Vern Bjorkheim, 344 Sunset Lane, reiterated the same concerns regarding the Tremont Corridor Plan, city ordinances and rules. Mayor Weatherill requested City Attorney and staff review the records of previous actions taken and report back to Council. City Engineer requested Item 5(b) aesthetic improvements to the Red Barn on Mitchell Avenue and repair or replacement of gutters on Public Works South Shed be removed from Old Business. City Engineer Curles will keep Council up to date on this matter. Mayor Weatherill called for nominations for 1996 Mayor Pro-tem. Councilman Geiger moved to nominate Councilwoman Powers for 1996 Mayor Pro-tem, seconded by Councilman Van Zee and as no other nominations were received, motion was approved unanimously. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council accepted low proposal from Wilhelmi General Contractors and approved the replacement of the City Clerk's window at a cost of $2,580. plus tax. Motion passed with 5 ayes and 2 nays. Councilmen Geiger and Van Zee voting nay. On motion by Councilwoman Powers, seconded by Councilman Grable, Council authorized the Mayor to sign Agreement between the City and Beckwith Consulting Group to provide professional planning and design services necessary to accomplish the scope of work for a new zoning ordinance for the City of Port Orchard at a contract price of $18,349. Council designated March 4, 1996 as the date for a Council Study Session regarding discussion on downtown revitalization. Council selected the week of June 3 - 7, 1996 as Spring Clean-up week in the City of Port Orchard. 0 February 12, 1996 Page 6 of 6 On motion by Councilman Van Zee, seconded by Councilman Grable, Council authorized City Treasurer Miller to sign the Memorandum of Agreement Between McCormick Woods Land Co., and the City of Port Orchard relative to a payment plan for the U LID #1 in lieu of assessment fees for the original McCormick Woods connections. On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized the City Engineer to proceed with the purchase and installation of an awning for the Port Orchard Library Building in the amount of $412.00. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council accepted and authorized the Mayor to sign the Notice to Proceed with Architectural and Engineering Services Agreement between the City and Art Anderson and Associates for basic architectural and engineering services for design development of the new City Hail at a total cost of $365,549. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to continue with the surveying of Well No. 7. On motion by Councilman Geiger, seconded by Councilman Van Zee, Council authorized the Mayor to sign the McCormick Woods Late Comers Fee Agreement. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to sign contract with City of Bremerton for maintenance of Port Orchard's traffic control signals. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the Mayor to sign Repairs and Maintenance Agreement with Mason County District No. 2, contingent upon approval by the City Attorney. This agreement provides for maintenance of Port Orchard Fire Department vehicles. On motion by Councilman Geiger, seconded by Councilmembers Powers and Grable, Council authorized the Fire Chief to pursue repairing the hydraulics of the aerial truck at a cost of up to $2,500. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved application for carnival license submitted by Haworth Family Shows, Inc. to allow a carnival at the South Kitsap Mall, April 17-21, 1996. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council excused Councilman Van Zee from the February 26, 1996 Council meeting. At 11:45 PM Mayor Weatherill convened Council into Executive Session for 10 minutes to discuss a current litigation matter. Mayor Weatherill reconvened Council into regular session and immediately adjourned meeting at 11:55 PM. PATRICIA PARKS, CITY CLERK LESLIE J. WEATHERILL, MAYOR February 12, 1996 Attaclrnent "A" GOLDEN POND LEGAL DESCRIPTION Parcel I: The North 5 acres of the South 10 acres of the North 25 acres of the Southwest quarter of the Northeast quarter of Section 34, Township 24 North, Range 1 East, W.M.; EXCEPT the South 1I2 acre; Situate In the City of Port Orchard, County of Kitsap, State of Washington. Parcel 11: The South 10 acres of the North 25 acres of the Southeast quarter of the Northeast quarter of Section 34, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; EXCEPT the North 4.5 acres thereof; AND EXCEPT Pottery Avenue; Situate in the City of Port Orchard, Kitsap County, Washington. February 12, 1996 Attachment "B" LOUDON REZONE LEGAL DESCRIPTION The North 100 feet as measured along the West line of the following described Property: That portion of the Northwest quarter of the Southwest quarter, Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Northwest corner of said subdivision thence South 321.5 feet; Thence East 607.5 feet more or less, to the former County Road (now Sidney Street); thence Northeasterly along said County Road 327.5 feet; thence. West 700 feet, more or less, to the point of beginning; except the East 250 feet thereof and except the portion conveyed to the State of Washington by deeds recorded under Auditor File Numbers 637999 & 1078216; subject toland together with easements of record.