10/14/1996 - Regular - MinutesPort Orchard, Washington
October 14, 1996
Council of the City of Port Orchard, Washington, called to regular session by Mayor
Protem Carolyn Powers at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers
present: Morrison, Wyatt, Geiger, Van Zee and Grable. Councilman Clauson excused.
Staff present: Police Chief Mathews, City Engineer Curles, City Planner Gross, Fire
Marshall Wernett, deputy Clerk Hager, City Treasurer Tompkins and City Attorney's Ann
Hanson and Jim Ryan.
Councilman Van Zee led the audience and Council in the Pledge of Allegiance.
Mayor Protem Powers asked for audience comments for items not listed on this agenda.
Lori Overlander, representing South Kitsap Habitat for Humanity, requested permission
to place a temporary sandwich board type sign in City right-of-way at the Bethel Wye
triangle intersection from October 16 - October 27, 1996 to advertise a fund raiser.
On motion by Councilman Van Zee, seconded by Councilman Grable, Council adopted
Resolution No. 1755 allowing a temporary placement of a sandwich board type sign to be
placed in the Bethel Wye intersection right-of-way triangle from October 16 - 27, 1996.
On motion by Councilman Grable, seconded by Councilman Morrison, Council approved the
consent agenda as follows:
a. Minutes of the following Council meeting:
(1) September 23, 1996
b. Approval of Claim Warrant Nos. 25429-25544 in the amount of $141,401.49
and September 1996 Payroll Warrant Nos. 125438-125629 in the amount of
$206,332.44.
C. Claim for Damages submitted by William Sivalon in the amount of $150.00
for reimbursement for personal property which was disposed of by the City
as unclaimed evidence.
d. Application for Fireworks display at South Kitsap High School after
Homecoming Game on 10/18/96 - reviewed by Fire Department and City Clerk's
Office.
Mayor Protem Powers opened the 7:35 PM Public Hearing regarding an application for a
Land Use Zone Reclassification from Residential Low to Residential High which would
allow a short plat subdivision of 1.76 acres into 4 lots. The site is located at 209
Tracy Avenue. Application submitted by Brad Reid and his representative is N.L. Olson
and Associates. LEGAL DESCRIPTION: Portions of Blocks 1, 4 and vacated Singleton
Avenue, Plat of "Fowler's Re -Plat of Wheeler & Singleton's Addition", as recorded in
Volume 2 of Plats, at page 84, records of Kitsap County, Washington, situated within
the NE 1/4 of the SW 1/4 of Section 25, T 24, R I E, W.M.
City Planner Gross reported on the Planning Commission's recommendation for approval
with conditions and asked for determination on the maintenance of the turn -around area
proposed in the development.
Brad Reid, 9964 Fairview Lake Road, proponent, responded to questions from the Council.
Maryann Hilmer, 116 Decatur Avenue, asked if Morton Street would become a through road
or if it would be vacated.
City Planner Gross stated Morton Street is a platted road leading into the development
and only that portion of Morton Street will be upgraded and not become a through street
or vacated.
October 14, 1996
Page 2 of 4
Mayor Protem Powers called for further public input either for or against the proposed
reclassification for property located at 209 Tracy Avenue. As no response was received,
Mayor Protem Powers closed the public input potion of the Public Hearing and referred
matter to Council for their consideration.
Councilman Geiger presented motion, which was seconded by Councilman Van Zee, to approve
and adopt Planning Commission Resolution No. 266-96 as their own and approved the Zone
Reclassification from Residential Low to Residential High to allow a short plat
subdivision of 1.76 acres into 4 lots located at 209 Tracy Avenue with 13 conditions
as listed in Planning Commission Resolution No. 266-96.
Councilman Morrison moved to amend motion to direct the property owners to be
responsible for the maintenance of the turn -around portion of the development, seconded
by Councilman Van Zee and carried unanimously with 5 ayes.
Council unanimously approved original motion as amended, to direct the property owners
to be responsible for the maintenance of the turn -around portion of the development,
and to adopt Planning Commission Resolution No. 266-96 as their own and approved the
Zone Reclassification from Residential Low to Residential High to allow a short plat
subdivision of 1.76 acres into 4 lots located at 209 Tracy Avenue with the following
13 conditions:
1. One (1) street tree with a minimum height of 6 feet and 1z inches in diameter
shall be installed within the front yard of each dwelling unit (i.e., two (2)
street trees per duplex and one (1) per single family residence) prior to
Certificate of Occupancy excluding the existing single family residence.
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. A revised site plan shall be submitted showing the
required parking meeting Chapter 17 of the Zoning Ordinance.
4. To reduce -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
for 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.
5. The water meters will be located in the right of way and not in the private
driveway.
6. The water services shall tap into the 6-inch water main in Tracy Avenue and not
the 12-inch main serving the reservoir.
7. All dwelling units shall be connected to sewer. This may require the proposed
homes to the east to pump the wastewater.
8. The street in the easement area shall be privately owned and have a minimum 20
foot wide paved travelway.
9. Morton Street shall be paved to a width of 27 feet. No sidewalk is required.
10. The applicant shall provide stormwater maintenance details in writing to this
office. The City will not maintain the stormwater system.
11. The short plat shall be surveyed and recorded.
October 14, 1996
Page 3 of 4
12. The fire hydrant located at Tracy Avenue and Morton Street must be upgraded and
equipped with a 5-inch Storz fitting.
13. Details of the existing entry/access at Tracy Avenue and Morton Street must be
provided to the City Planning Department for review and comment.
Mayor Protem Powers opened the 7:40 PM Public Hearing regarding anticipated 1997 City
budget revenue sources, as required by Chapter 251, laws of the State of Washington,
1995.
City Treasurer Tompkins presented Staff Report on anticipated 1997 City budget revenue
sources. This report highlighted Current Expense and Street Funds which are tax
supported. The 1997 Ad Valorem taxes are projected in the amount of $980,868 for the
Current Expense and Street Funds.
Mayor Protem Powers called for comments from the audience regarding the anticipated 1997
City budget revenue sources. As no comments were received, Mayor Protem Powers closed
the Public Hearing. (Ordinance setting the 1997 Ad Valorem taxes will be presented for
Council consideration at the October 28, 1996 Council meeting.)
Mayor Protem Powers opened the 7:50 PM Public Hearing regarding the proposed Water
System Plan, 1995.
City Engineer Curles gave a comprehensive overview of the City's present and future
water system.
Mayor Protem Powers called for comments from the audience regarding the proposed Water
System Plan, 1995. As no comments were received, Mayor Protem Powers closed the Public
Hearing.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved
Resolution No. 1754 adopting the Comprehensive Water System Plan, 1995.
Mayor Protem Powers announced that a Notice of Intent to Petition for annexation into
the City of Port Orchard has been filed with the City. Subject property is all property
located west of the current westerly City limits, north of SR 16 (to its intersection
with SR 166 (Bay Street W.), east and south of Sinclair Inlet.
Councilman Morrison moved to accept the proposed annexation boundaries as outlined in
the Notice of Intent submitted by Dan Pebbles and Mr. and Mrs Jack Perelli who represent
ownership in excess of 10% of the assessed valuation of the proposed annexation. Motion
seconded by Councilman Wyatt and unanimously approved. Subject property is commonly
known as Ross point area which consists of all properties between the current westerly
city limits; SR 16 to its intersection with SR 166 (Bay Street West) and bounded on the
north and east by Sinclair Inlet.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council moved not to
require the simultaneous adoption of the Comprehensive Plan Designation. Final
determination of the Comprehensive Plan Designation shall be made after annexation,
during the City Council's annual review of the Comprehensive Plan. At the time of
annexation the property would be added to the city's zoning maps at the closest
equivalent city zoning designation as it is designated on Kitsap County maps.
On motion by Councilman Van Zee, seconded by Councilman Geiger, Council unanimously
approved requiring the assumption of all of existing city indebtedness, at the time of
annexation by property owners with the "Ross Point Annexation" area.
October 14, 1996
Page 4 of 4
Dan Pebbles, President Tyee International, discussed the need for infrastructure and
open space financing for the Ross Point Annexation. Mr. Pebbles at this time requested
support from the City to help with "creative" financing for the project.
On motion by Councilman Morrison, seconded by Councilman Wyatt Council authorized the
Mayor to sign Change Order No. 1 for the Tracy Avenue Culvert in the amount of
$18,256.69.
On motion by Councilman Geiger, seconded by Councilman Van Zee, Council approved the
Facility Construction Fee increase to $1,600 per ERU (Equivalent Residential Unit),
effective January 1, 1997 for any new construction. This fee is associated with the
Wastewater Treatment Facility and its expansion.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council declared as
surplus and authorized the City Treasurer to dispose of in the best interest of the City
miscellaneous computer equipment as described in Attachment "A".
On motion by Councilman Van Zee, seconded by Councilman Geiger, Council authorized
waiving the In Lieu of Assessment Fees for the Roland Property, located at the Sedgwick
Intersection (Tax Account Nos. 022301-4-004-2004; 022301-3-034-2000; 112301-2-016-2003;
112301-2-022-2005; 112301-2-031-2004; 112301-2-032-2003; 112301-2-033-2002; 112301-2-
037-2008; 112301-2-038-2007; 112301-2-039-2006), due to the improvements of the water
and sewer system by the developer.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the
Mayor to sign the design contract with S. Chamberlain and Associates after the Mayor
has sign the State contract which will obligate, the state and federal funds for the
Bethel Wye project.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized City
Staff to prepare an amendment to Ordinance No. 1630 adopting definitions of nuisances
and establishing rules, regulations and procedures for the abatement of such nuisances.
Jim Ryan, City Attorney introduced himself to the audience and Council and advised the
Council due to the election of Terry McCi uskey as the new Superior Court Judge, the name
of the firm is now Ryan, Sells, Uptegraft and Decker.
Ann Hanson, City Attorney brought Council up to date on the Prospect Alley Insurance
Appeal. Ms. Hanson discussed several recommendations regarding the appeal of this case.
It was decided not to pursue this matter in Superior Court.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council moved to
proceed against the property owners and their insurance company to recover loss of
repairs to Prospect Alley.
Meeting adjourned at 9:30 PM.
V)& L&CJ (44
Michelle Hager, Deputy C6&k CAROLYN POW MAYOR PROTEM