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06/12/1995 - Regular - MinutesPort Orchard, Washington June 12, 1995 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, Morrison, Geiger, Powers, Van Zee and Grable. Councilman Childress excused page 2. Staff present: Police Chief Mathews, Deputy Clerk Hager, City Planner Brown, City Engineer Curles, Fire Chief Snow, City Clerk Parks and City Attorney Dave Weibel. Councilman Van Zee led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. Barbara Seitz and Howard Minor, downtown merchants; requested further discussion of proposed landscaping design for the waterfront parking lot and its effect on parking configuration. On motion by Councilman Morrison, seconded by Councilman Grable, Council moved to reconsider motion as presented at the May 22, 1995 Council meeting "authorizing the City Engineer to proceed with developing a mini -park on the downtown waterfront using "Plan C11.H Barbara Seitz expressed concern with the new configuration of the waterfront parking lot and presented a map depicting alternative downtown traffic flow and parking configurations suggested by the downtown merchants to recover some of the lost parking spaces. Sara Lambert, President Downtown Merchants Association, supported Barbara Seitz's concerns and requested Council consider the suggestions as presented on the proposed map. Howard Minor, 1400 Bay Street, reiterated his concern with the Department of Natural Resource with regards to charging the City a lease fee for the waterfront parking lot property. Dr. Minor also requested the City review the reconfiguration of the downtown traffic flow and waterfront parking lot to allow for more parking. Beth Cottrell, resident, concurred with Dr. Minor's concerns regarding the Department of Natural of Natural Resource lease with the City. Councilman Morrison called for the question on reconsideration of motion as presented at the May 22, 1995 Council meeting "authorizing the City Engineer to proceed with developing a mini -park on the downtown waterfront using "Plan C". Motion passed with 5 ayes and 1 nay, Councilman Geiger voting nay. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council placed proposed map depicting alternatives to the downtown traffic flow and parking reconfiguration of the water front parking lot into the Street/Alley Committee for further review and also invited Barbara Seitz to participate in all discussions regarding the parking lot reconfiguration. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the City Engineer to designate the parking stalls on the east side of the Washington State Liquor Store (833 1/2 Bay Street) as one hour parking with one space to be designated as handicapped. William Palmer, Land Use Consultant, presented a letter requesting formation of a U.L.I.D. to connect to the City's water and sewer facilities to serve the proposed South Sidney Business Park Area. Mayor Weatherill placed this matter into the Water/Sewer Committee for further review and discussion. June 12, 1995 Page 2 of 5 Tony Thomas, owner/operator of a vending cart, requested relief from the vendor's license fee of $2,400 per year. On motion by Councilman Clauson, seconded by Councilman Morrison, Council moved to deny request by Tony Thomas for relief from the vendor's license fee of $2,400 per year. Robert Gallegos, 340 Tremont W., expressed concern with damage to his property during the Tremont Paving Project. Mayor Weatherill advised Mr. Gallegos he needs to follow the proper procedures and file a Claim for Damage with the project contractor . On motion by Councilman Clauson, seconded by Councilman Morrison Council approved the consent agenda as follows. (a) Minutes of the following Council meeting: (1) May 22, 1995 regular meeting (2) June 5, 1995 Special Study Session (b) Payment vouchers as follows: Claims Warrant No. 22668-22785 in the amount of $236,726.79 and May 1995 Payroll Warrant No. 122181-122366 in the amount of $176,721.88. (c) Fireworks Applications Rochelle's Fine Fabrics - South Kitsap Mall David Douglas - High Point Shopping Center On motion by Councilman Morrison, seconded by Councilman Clauson, Council excused Councilman Childress from this Council meeting. Ed Quesnell requested permission to extend the Sidney Water Main up Berry Lake Road to serve Berry Lake Manor Mobile Home Park. Mayor Weatherill placed this matter into Water/Sewer Committee for further review. Judd Turner, Chairman Fathoms 0' Fun, requested permission to hold the 50th World War II Anniversary Parade in Port Orchard on September 2, 1995. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized Judd Turner to hold the 50th World War II Anniversary Parade in Port Orchard on September 2, 1995, contingent upon Chief Mathews receiving permission from the State Department of Transportation for the closure of Bay Street and coordination with the City Engineer Curles. Judd Turner further requested permission to submit to the Department of Defense an application designating the City of Port Orchard as a commemorative City. On Motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized Judd Turner to submit an application to the Department of Defense designating the City of Port Orchard as a Commemorative City. Mayor Weatherill call for a recess with the meeting reconvening at 9:00 PM. At 9:00 PM Mayor Weatherill opened Public Hearing (scheduled for 7:35 PM) regarding a review of a Preliminary Plat Application to allow a subdivision of 12.81 acres into 46 single family lots and duplex lots as submitted by Jim James. Property is located in the 900-1000 block of Olney Avenue (west side). LEGAL DESCRIPTION: Attachment "A". John Keene, Keene Engineering, spoke in support of the proposed preliminary plat and advised they agree with all the conditions of approval as recommended by the Planning Commission. June 12, 1995 Page 3 of 5 Willis Wolf, 775 Olney Ave., expressed concern with the increase traffic on Olney Avenue. Mayor Weatherill called for further public input on the application for a Preliminary Plat for property located in the 900-1000 block of Olney Avenue (west side), as submitted by Jim James. As no further input was received, Mayor Weatherill closed public input portion of the public hearing and referred matter to Council for consideration. Councilwoman Powers presented motion, which was seconded by Councilman Morrison and approved, to adopt Planning Commission Resolution No. 233-95 as their own and approved the Preliminary Plat Subdivision of 12.81 acres of property located in the vicinity of 900-1000 block of Olney Avenue (west side), as submitted by Jim James to allow the subdivision of 43 single family dwelling unit and 3 duplex lots with 33 conditions: 1. No permanent sign shall be erected without prior approval from the Planning Department and issuance of a building permit. 2. A minimum of one street tree with a minimum height of 4 feet and 2.5 inches in diameter shall be installed within the front yard of each lot prior to the issuance of a Certificate of Occupancy. 3. A minimum of two street trees with a minimum height of 4 feet and 2.5 inches in diameter shall be installed within the front yard on each duplex unit, one in front of each residence, prior to the issuance of a Certificate of Occupancy. 4. The Final Plat shall indicate Tract A as open space and list the land use restrictions against construction in this area. This area should be deeded to the Homeowners Association. 5. No grading will be done in Tract A except for the construction of the bioswales. All trenches will be hydroseeded at the conclusion of the pipe . installation. 6. The lots will be restricted to single family residences and three duplexes. 7. All water designs shall be approved by the Annapolis Water District prior to construction. Inspections of the water system shall be accomplished by Annapolis Water District. 8. Water connection policies will be determined by the Annapolis Water District. 9. All water system improvements will be complete prior to Final Plat approval. 10. All sewer designs shall be approved by Kitsap County Sewer District #5 prior to construction. Inspections of the sewer system shall be accomplished by Sewer District #5. 11. Sewer connection polices will be determined by the Kitsap County Sewer District #5. 12. All sewer system improvements will be complete prior to Final Plat approval. 13. The streets are to meet City standards and shall be dedicated to the City as public right-of-way. 14. All streets will be paved with sidewalks in place prior to Final Plat approval. June 12, 1995 Page 4 of 5 15. This project will accommodate pedestrians with a five foot wide concrete sidewalk with a six inch high curb on the west side of Olney for the full frontage of the subdivision, prior to the approval of the Final Plat. 16. The cast in place concrete sidewalk with curb shall be constructed from 3,000 psi concrete for all the sidewalks including along Olney Avenue. 17. The City Clerk will confirm the street name and addresses of the lots prior to any excavation permit being issued. 18. A lighting plan shall be submitted and deemed acceptable to Puget Power standards and to the City Engineer prior to placement of any outdoor illumination. As a minimum, street illumination should be located at the entrance/exit and lots 10 and 42. 19. The required 5 foot utility easements on both sides of the road will be clearly shown. 20. The Developer should provide the City with $650.00 to pay for the following signs and posts: 1 Street sign 6 No Parking signs 4 One way signs 2 Do Not Enter signs 21. The stormwater system shall be designed and constructed to meet the Department of Ecology standards that are in effect at the time of the issuance of the excavation permit for the Preliminary Plat. 22. All areas that have been disturbed during construction, but not constructed upon by 1 October of the year shall be hydroseeded to minimize sediment erosion. 23. The stormwater system shall be designed by a professional engineer. 24. All stormwater system improvements will be complete prior to approval of the Final Plat. 25. Prior to Final Plat approval, the developer shall provide a playground area to be owned and maintained by the Homeowners Association. It shall consist of at least a big toy, such as a swing set, jungle gym or other equipment and shall have an impact resistant surface, to the approval of the City Engineer. 26. All lots will be surveyed and recorded. 27. Each lot should have survey markers installed. 28. Fire Hydrants will be constructed in the vicinity of lots 1, 10 and 21. 29. All utilities will be underground. 30. The Post Office may require combination boxes and not allow individual mail boxes. Plans shall show cutouts for these and illustrate that their placement will not obstruct the sidewalks. 31. 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 June 12, 1995 Page 5 of 5 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. 32. The applicants must meet with Kitsap Transit and provide an area along the Olney right-of-way for a bus stop and shelter as determined by Kitsap Transit. 33. A pedestrian access shall be constructed between the Rockport Subdivision and the proposed development to the north over the sanitary sewer easement joining the two properties. A private easement to protect pedestrian access shall be created and maintained by the Homeowners Association, prior to the Final Plat approval. At 9:28 PM Mayor Weatherill opened the continued Public Hearing (scheduled for 7:45 PM) regarding the Comprehensive Plan. City Planner Brown summarized comments received from other governmental agencies on the Draft Comprehensive Plan and staff response. Mike Grady, Growth Management Senior Planner, Department of Community, Trade and Economic Development, congratulated Donna, Larry and the citizens of Port Orchard. He commended them on their efforts and their hard work it took to put this extensive document together. Mayor Weatherill called for further public input regarding the draft Comprehensive Plan. As no further 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 Van Zee, seconded by Councilman Geiger, Council approved Ordinance No. 1634 adopting the City of Port Orchard 1995 Comprehensive Plan including recommendations as submitted by the City Planner. On motion by Councilman Clauson, seconded by Councilman Morrison, Council excused Councilman Van Zee from the July 10, 1995 Council meeting. On motion by Councilman Clauson, seconded by Councilman Geiger, Council declared the firewood behind the City`s South Shed (former Fire Station No. 2), 2051 Sidney Avenue as surplus and authorized the City Engineer to dispose of this firewood in the best interest of the City. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the Mayor to sign reciprocal agreement with the Department of Transportation agreeing to wave overhead charges. Mayor Weatherill adjourned meeting at 10:33 PM. PATRICIA PARKS, CITY CLERK LESLIE J. WEATHERILL, MAYOR June 12, 1995 Ar='�T "A" ATTACHMENT A: Parcel 1: Portion of the Northeast quarter of the Southeast Quarter of Section 25, Township 24 North, Range 1 East, W.M., Kitsap County, Washington; except that portion lying South of the following described property: the South 129 feet of the following: The Northeast quarter of the Southeast quarter of the Southeast quarter of Section 25, Township 24 north, Range 1 East. W.M. in Kitsap County, Washington; except the following described tract: Beginning at a point which is north 0?31147" East 3311.2 feet; thence North 88?29'30" East 667.7 feet to the point of beginning; Except for the East 40 feet for road; Except for county road; and except that portion conveyed to the Kitsap County for Olney Road, by deed recorded under Auditor's File No. 8609020097; and corrected by document recorded under Auditor's 8610220259; situate in Kitsap County, Washington. Parcel 2: The Northwest quarter of the Southeast quarter of the Southeast quarter, Section 25, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington; Except the North 30 feet conveyed to Kitsap County by deed recorded under Auditor's file numbers 890162, 890166, 890167 and 890169; And except that portion conveyed to Kitsap County for Olney Road by deed recorded under Auditor's file no. 8609020097, and corrected by document recorded under Auditor's file no. 8610220259; Situate in Kitsap County, Washington.