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03/08/1993 - Regular - MinutesPort Orchard, Washington March 8, 1993 Council of the City of Port Orchard, Washington, called to regular session at 7:30 PM by Mayor Leslie Weatherill. Councilmembers present: Clauson, Morrison, Geiger, Smith, Powers and Grable. Staff present: Police Chief Mathews, Deputy Clerk Hager, City Engineer Curies, Fire Chief Snow, Assistant City Attorney Goodwin, and City Clerk Hower. Councilman Childress excused (see motion page 5). Councilman Morrison led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Clauson, Council unanimously approved the consent agenda items as follows: 3.a. Approval of the February 22, 1993 Council meeting minutes. 3.b. Approval of payment vouchers as follows: Claims Warrant No. 18413 - 18479 in the amount of $ 52,226.72 and February 1993 Payroll Warrant No. 117053 - 1172-29 in the amount of $155,946.58. 3.c. Approval of Ordinance No. 1571 amending City of Port Orchard Comprehensive Plan Ordinance No. 895; by amending the Comprehensive Plan Map Designation of certain properties therein, N.L. Olson and Associates, representing South Kitsap Health Care Campus. 3.d. Approval of Ordinance No. 1572 amending Port Orchard Zoning Ordinance No. 1469; by amending the area and use maps thereof, reclassifying certain property, located in the 400 block of Tremont Street West; east of SR 16, between Tremont Street and Pottery Avenue. N.L. Olson and Associates, representing South Ktsap Health Care Campus. 3.e. Approval of Ordinance No. 1573 amending Title Two of the Port Orchard Municipal Code by adding a section relating to days the Municipal Court will be open to the public. V. Approval of Ordinance No. 1574 amending Port Orchard Zoning Ordinance No. 1469; relating to landscape standards. 3.g. Approval of Ordinance No. 1575 amending Port Orchard Zoning Ordinance No. 1469; relating to hazardous waste and storage facilities. Lee Caldwell, past City of Port Orchard Mayor, presented a picture he and his wife had taken at Watson Lake, Alaska where he posted a Port Orchard sign with approximately 20,000 other signs. Mayor Weatherill thanked Mr. and Mrs. Caldwell and stated the picture would be displayed in City Hail. March 8, 1993 Page 2 of 5 Carol Dickenson, Development Manager for the City of Bremerton, spoke regarding the K'itsap County Community Development Block Grant Program. She informed those present additional federal funds have been allocated and are available to the cities and residents of the City. The primary purpose of the block grant is to help provide liveable housing for those who qualify as low income. CDBG funds are also available for some public facility capital expenditures. Mayor Weatherill opened the 7:45 PM Public Hearing regarding an application for Preliminary Plat submitted by Jerry L. Clark to allow the subdivision of 45 lots to construct single family homes in the 1800 block of Pottery Avenue between Roland Street and Lippert Street. LEGAL DESCRIPTION: ATTACHMENT "A". City Engineer Curies gave a staff report and reviewed Planning Commission's recommendation to approve the proposed Preliminary Plat with conditions. He also conveyed Planning Commission's concerns regarding wetlands and open space/playgrounds. Nils Ronhovde of Northwest Planners and Surveyors, representing the proponent, outlined the plans for the development. Steve Kalinowski, Department of Wildlife Wetlands Biologist, expressed concerns with the minimum amount of buffer being proposed around the wetlands. Mr. Kalinowski also availed himself to answer questions from Council and audience. Joyce Young, 1761 Pottery Avenue, adjacent property owner of approximately 3.4 acres, spoke in opposition to the proposed development. Ms. Young requested developer install a fence along property lines if development is approved. A.J. Bredberg, Wetland Specialist, representing developer, addressed the wetland issues and the proponents desire to balance environmental issues and housing needs. Jerry Clark, proponent, requested approval of this development and advised Council of his intent to donate the lot which is designated as a park to the City. Jane VonHof, 7986 Cabrini Drive SE, voiced her opinion that parks are not important in developments, stating parks are not safe for children to play in. Barry Wade, 792 Bay Street, questioned maintenance of the buffer zone. Gayle Helseth-Kenison, 3678 Horstman Road, spoke in favor of the development and also supported development of a park. Mayor Weatherill called for additional input either for or against the proposed application for the Preliminary Plat as submitted by Jerry L. Clark. As no further response was received, Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. March 8, 1993 Page 3 of 5 Councilwoman Powers, seconded by Councilman Geiger, moved to adopt Planning Commission Resolution No. 195-93 as their own and approve the Preliminary Plat with the following amendments to conditions: (1) Area designated as Community Park on Plat shall be deeded to the City; and (2) Lot 7 and the open space lying north of Lot 7 shall be developed as a park with a minimum of a big toy with slide and swing. Councilman Clauson moved to amend motion to delete proposed path around wetland buffer, (see condition #5) and add a condition that no pedestrian trail/path be constructed in the wetland buffer, seconded by Councilman Morrison and carried with 6 ayes. Original motion as amended was approved with a vote of 5 ayes and 1 nay, adopting Planning Commission Resolution No, 195-93 as their own and approving Windfall Place Preliminary Plat with the following 22 conditions. (1) A scaled grading plan shall be submitted identifying existing and future grades. (2) Prior to any excavation or clearing, an erosion control plan will be submitted to the City. This plan shall be developed by a licensed engineer and be consistent with best management practices. The City staff will reference the Department of Ecology letter dated 11 .January 1993 for evaluation of the plan. (3) 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. (4) The wetlands and buffer areas shall be flagged by a wetland specialist prior to any work on site. (5) No grading shall be done in the wetlands or buffer area except for the construction of the path, playground, bio- filtration swale and sanitary sewer connection. The trenches shall be hydroseeded at the conclusion of the pipe installation. (6) The final plat shall indicate the wetland and buffer area and list the land use restriction against construction in this area. These areas shall be deeded to a homeowners association. (7) One street tree, as determined by the planning department shall be installed within the front yard of each lot, at time of construction. (8) Lot 7 and open space lying north of Lot 7 shall be developed as a park, with a minimum of a big toy with slide and swing. The Community Park as designated in the southeast corner of proposed plat and Lot 7/Open Space area shall be dedicated to the City for parks. (9) The lots will be restricted to single family homes. (10) The water main shall be a minimum of 8 inch Class 50 ductile iron and meet all City requirements. The developer shall install all water meter assemblies, less the actual meter. Meters will be installed at the time of payment of the connection fees. The $50 inspection fee will be paid by the homeowner with the other connection fees. (11) Hydrants will be located and approved by the Fire Department. (12) All water mains in the right of way will be deeded to the City. (13) Each lot shall have a sewer service line and property line clean out installed. The $50 inspection fee will be paid by the homeowner with the other connection fees. (14) All sewer mains in the right of way and easement will be deeded to the City. (15) The developer shall install street lights acceptable to Puget Power standards at three locations indicated by the City Engineer. These are anticipated to be at the Pottery Avenue entrances and at the road intersection. (16) All roads easements will be deeded to the City as public roads. (17) Areas five feet on each side of the right of way will be deeded to the City as utility easements. (18) During home construction, the contractor shall construct the required 4 foot wide concrete sidewalk. (19) Stormwater management shall conform to the best management practices and utilize the Santa Barbara Urban Hydrograph method. A licensed engineer will prepare the Stormwater March 8, 1993 Page 4 of 5 Management Plan. (20) All lots will be surveyed and recorded. (21) No pedestrian trail/path shall be constructed in the wetland buffer. (22) In addition to the wetland buffer, there shall be a 25 foot no -build area on all lots abutting the wetland buffer except for the following exceptions: LOT NO BUILD WIDTH 21,22 15' 24,25 10, 26,27,28 20' 29,30 10, 31 20' Mayor Weatherill called for a 10 minute recess with meeting to reconvene at 9:25 PM. Carol Vaughn, 5529 Brasch Road SE, requested permission to use Van Zee Park for the Totem Girl Scouts Day Camp from August 9 - 13, 1993. On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved an application for Public Event as submitted by the Totem Girl Scouts and authorized the use of Van Zee Park for the Totem Girl Scouts Day Camp on August 9 - 13, 1993. Jim Hall, 3878 Reflection Lane E., Port Orchard, requested permission to hold a circus, sponsored by the Port Orchard Chamber of Commerce at the Sedgwick Road interchange adjacent to the Texaco station on June 24, 1993. On motion by Councilman Morrison, seconded by Councilman Grable, Council approved the application for Public Event as submitted by Carson and Barnes Circus and authorized the issuance of a license allowing a circus to be in the northwest quadrant of the Sedgwick Road interchange adjacent to the Texaco Station on June 24, 1993. Approval contingent upon City Clerk receiving the required Certificate of Insurance and approval of traffic control by Police, Fire and City Engineer. Council also waived the $100.00 circus permit fee and authorized no charge for water consumption. On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved retaining the firm of Kennedy Jenks to prepare the Waste Water Treatment Facility Comprehensive Plan. On motion by Councilman Geiger, seconded by Councilman Grable, Council authorized the City Engineer to negotiate a contract with Lee Wheeler, a licensed logger, to cut trees on City property in the vicinity of Radey Pond approximately 100' from Sidney Avenue, contingent upon Certificate of Insurance provided to the City Clerk. On motion by Councilman Geiger, seconded by Councilman Grable, Council adopted Resolution No. 1631 placing a moratorium on the expansion and installation of billboard in the City of Port Orchard. March 8, 1993 Page 5 of 5 On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the City Engineer to utilize the South Ktsap High School Co-op Program and hire a student from South K'itsap High School for Engineering Department clerical support. On motion by Councilman Clauson, seconded by Councilman Morrison, Council excused Councilman Childress from this Council meeting due to illness. On motion by Councilman Morrison, seconded by Councilman Grable, Council approved hiring Gordon Walgren as a lobbyist to represent and assist the City in efforts to seek reconsideration from Department of Natural Resources impending 600+% lease rental fee at a cost not to exceed $1,500. Mr. Walgren will also address other DNR lease issues which effect all leaseholders. Meeting adjourned at 10:20 PM. n _14 i _ �', CITY CLERK; - MAYOR