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05/10/1993 - Regular - MinutesPort Orchard, Washington May 10, 1993 Council of the City of Port Orchard, Washington, called to regular session at 7:30 PM by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Morrison, Geiger, Powers and Grable. Staff present: Police Sergeant Loflin, Deputy Clerk Hager, City Engineer Curies, Fire Chief Snow, City Attorney McCluskey, and City Clerk Hower. Councilman Smith excused - leave of absence approved April 26, 1993, Councilman Grable led the audience and Council in the Pledge of Allegiance. Councilman Morrison moved to correct page four, paragraph 2 of the April 26, 1993 Council minutes to delete Ordinance No. 1551 replacing it with Ordinance No. 1458, seconded by Councilman Grable and carried. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council unanimously approved the consent agenda items as follows: 3.a. April 26, 1993 Council meeting minutes as corrected. 3.b. Payment vouchers as follows: Claims Warrant No.18736 in the amount of $94,947.25; Claims Warrant Nos. 18737-18804 in the amount of $74,540.36 and April 1993 Payroll Warrant No. 117408-117588 in the amount of $157,401.37. 3.c. Ordinance No. 1578 correcting the legal description of Ordinance No. 1458 to include all of Mile Hill Drive between Mitchell Avenue overpass east to Retsil Road/Karcher Road. Rod Vietz, 3M National Advertising, requested permission to remove and replace billboard sign on Bethel Avenue. Mayor Weatherill placed into Street/Alley Committee for further review, request by Rod Vietz, 3M National Advertising, to remove and replace a billboard sign on Bethel Avenue. Councilwoman Powers, Chairman S499VAlley i ? 4 to Committee, moved to deny purchasing the property at 620 Bay Street (Chevron Station), seconded by Councilman Grabie and carried with 6 ayes and 0 nays. On motion by Councilman Clauson, seconded by Councilman Geiger, Council placed on the June 7, 1993 Council study Session agenda, the subject of, future City Hall facilities and potential locations. Mayor Weatherill opened the 7:45 PM Public Hearing regarding an application for a Shoreline Substantial Development Permit to add a second story to the marina office for property located at 501 Bay Street as submitted by William Tierman. LEGAL DESCRIPTION: Lots 1 and 2 Block 4 Sidney Tidelands of Section 26, Township 24 North, Range 1 East, W.M., in Port Orchard, Washington. Councilman Morrison stepped down from the Council table, due to a conflict of interest. May 10, 1993 Page 2of8 City Engineer discussed the second story expansion and the requirements for a pump out facility. Mayor Weatherill called for public input either for or against the application for a Shoreline Substantial Development Permit to add a second story to the marina office for property located at 501 Bay Street. Norm Olson, N.L. Olson and Associates, representing applicant, stated a pump out facility would cost $90,000. Mr. Tierman, proponent, requested the delay in the requirement for a pump out facility, as in the future they are planning expansion of the marina and at that time the pump out facility would be installed. Don Morrison, Dockside Sales and Services, clarified the regulations placed on marinas in the County. Mayor Weatherill called for additional input either for or against the application for Shoreline Substantial Development Permit to add a second story to the marina office located at 501 Bay Street, as submitted by William Tierman. As no response was received, Mayor Weatherill closed the public input portion of this Public Hearing. On motion by Councilwoman Powers, seconded by Councilman Grable, Council approved the permit to add a second story to the marina office located at 501 Bay Street, as submitted by William Tierman. Mayor Weatherill called for a 10 minute recess, with meeting to resume at 8:35 PM. Mayor Weatherill opened the 8:00 PM Public Hearing regarding a request to subdivide two acres into six lots, as submitted by Chuck Childress. Property is located north of Pottery Heights subdivision and south of South Kitsap Health Care Campus sites (Pottery Heights Addition No. 1). LEGAL DESCRIPTION: The west 2 acres of the following described property: That portion of the southeast quarter of the southeast quarter of Section 34, Township 24 north, Range 1 East, W.M., described as follows: Beginning at a point 30 feet west and north 0*23' est 331 feet from the southeast corner of said section; thence north 89*0' west 1290 feet; thence north 0*23' east 331 feet; thence south 89*0' east 1290 feet; thence south 0*23' east 331 feet to point of beginning, situate in City of Port Orchard, KAsap County, Washington. Councilman Childress stepped down from Council table, due to a conflict of interest. City Engineer, updated Council on the Planning Commissions recommendations for approval and conditions. Mayor Weatherill called for public input either for or against the request to subdivide two acres into six lots as submitted by Chuck Childress. May 10, 1993 Page 3 of 8 Mark Kuhlman, Pac-Tech Engineers, 3721 Ki-tsap Way, Bremerton, representing applicant, supported the Planning Commissions conditions for approval. Mayor Weatherill called for additional input either for or against the request to subdivide two acres into six lots, as submitted by Chuck Childress. As no response was received Mayor Weatherill closed the public input portion of the Public Hearing and referred the matter to Council for consideration. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council moved to adopt Planning Commission Resolution No. 199-93 as their own, approving a subdivision of two acres of property located at the vicinity of Pottery Heights Subdivision (Pottery Heights Addition No. 1), as submitted by Chuck Childress, with the following 15 conditions: 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. 3. All areas that have been disturbed during construction, but not constructed upon by October 1 of that year shall be hydroseeded to minimize sediment erosion. 4. One street tree, as determined by the planning department shall be installed within the front yard of each lot, at time of construction. The tree shall have a caliber of 2 1 /2 inches. 5. The lots 1 through 5, inclusive, shall be restricted to single family homes. 6. If Lot #6 is developed to anything other than a single family home, no permit for Lot #6 can be issued until the Planning Commission reviews the development in a public hearing and approves it. If the Planning Commission deems it necessary, it can require additional land use conditions on Lot #6. 7. The final plat for Pottery Heights Addition 1 will be approved either after or concurrent with the final plat of the Pottery Heights Subdivision. May 10, 1993 Page 4 of 8 a. The water main shall be 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. 9. Hydrants will be located and approved by the Fire Department. 10. All water mains in the right of way will be deeded to the City. 11. Each lot shall have an individual sewer pump system which connects the home to the municipal system. The $50 inspection fee will be paid by the homeowner with the other connection fees. 12. All sewer mains in the right of way will be deeded to the City. 13. Areas five feet on each side of the right of way will be deeded to the City as utility easements. 14. The contractor shall construct the required 4 foot wide concrete sidewalk on the east side of the street. 15. Stormwater management shall conform to the best management practices and utilize the Santa Barbara Urban Hydrograph method. A license engineer will prepare the stormwater management plan. On motion by Councilman Clauson, seconded by Councilman Geiger, Council adopted Planning Commission Resolution No. 198-93 as their own, and approved the land use reclassification for Residential Low to Residential High for property located north of Pottery Heights subdivision and south of the South IGtsap Health Care Campus sites. (Pottery Heights Addition No. 1). Mayor Weatherill opened the 8:15 PM Public Hearing regarding a request to subdivide 5.9 acres into 30 lots, located along the 100 block of Lippert Avenue, as submitted by Chuck Childress (Lilac Hill Subdivision). LEGAL DESCRIPTION: Attachment "A" Councilman Childress stepped down from the Council table, due to a conflict of interest. City Engineer described the new subdivision and advised this project has received a mitigated determination of non -significance and approval was recommended from the Planning Commission with conditions. May 10, 1993 Page 5 of 8 Mayor Weatherill called for public input from those either for or against the proposed request to subdivide 5.9 acres into 30 lots, as submitted by Chuck Childress. Mark Kuhlman, Pac-Tech Engineers, 3721 IQtsap Way, Bremerton, representing applicant, supported all conditions as placed by the Planning Commission and further discussed access to the park which is located behind Fire Station No. 2, �%sri a ii s and the offer to xajy; : ibv>: rt:::;Y;;:;�vti io purchase playground equipment in the amount of $2,500. Chuck Childress, applicant, discussed access to the park and suggested the preferred way would be to have people walk along the outside of the development. Mayor Weatherill called for additional input either for or against the request to subdivide 5.9 acres into 30 lots, as submitted by Chuck Childress. As no response was received Mayor Weatherill closed the public input portion of the Public Hearing and referred the matter to Council for consideration. Councilwoman Powers, seconded by Councilman Geiger, moved to adopt Planning Commission Resolution No. 197-93 as their own, approving a subdivision of 5.9 acres of property located at the vicinity of the 100 block of Lippert Street, as submitted by Chuck Childress, with the following amendments to conditions: (1) The developer shall donate to the C $3,000 for PROfsd €1i 1: >.E' 2 Stormwater management J'::S3ztcs:.x<^.x%h§c:rv.;..;;;:.t^s;:.;•:'•`:::,:;:-ir Isis siial conform+µ#o the best management practices. A license engineer will prepare the stormwater management plan. sf(;3f Councilman Clauson, seconded by Councilman Geiger, (!€.amended motion to: (1) included pedestrian access from Campbell Lane between Lots 5 and 9 and along Lots 9, 10 and 11 with the understanding the developer would work towards a pedestrian access to connect Sidney Avenue and Campbell Lane, contingent upon City Engineer satisfaction. ":' :n.:`.'" '...:. further amended amended Councilman Geiger td}#t , motion to add installation costs to condition #6,:`.i (ac Motion •w:h4..>.r.n:..::_:...4..::n....:. n...:..}:..:v.4... failed with 1 aye and 4 nays. Councilmembers Grable, Powers, Morrison and Clauson voting nay. Original motion as amended was unanimously approved, adopting Planning Commission Resolution No. 197-93 as their own, approving a subdivision of 5.9 acres of property located at the vicinity of the 100 block of Lippert Street, as submitted by Chuck Childress, with the following 20 conditions.- 1. A scaled grading plan shall be submitted identifying existing and future grades. May 10, 1993 Page 6 of 8 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. 3. All areas that have been disturbed during construction, but not constructed upon by October 1 of that year shall be hydroseeded to minimize sediment erosion. 4. One street tree, as determined by the planning department shall be installed within the front yard of each lot, at time of construction. 5. The Contractor shall landscape the Lippert Avenue right of way between the sidewalk and the property line with street trees every 25 feet. The caliber of the trees shall be 2 1/2 inches. 6. The developer shall donate to the City $3,000 for upgrading the playground behind Fire Station #2. 7. The lots will be restricted to single family homes. 8. The water main shall be a minimum of 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. 9. Hydrants will be located and approved by the Fire Department. 10. All water mains in the right of way will be deeded to the City. 11. Each lot shall have a service line and property line clean out installed. The $50 inspection fee will be paid by the homeowner with the other connection fees. 12. All sewer mains in the right of way and easement will be deeded to the City. 13. If a sewer pump station is required, it will meet all City requirements and will be equipped with an emergency generator. May 10, 1993 Page 7 of 8 14. The developer shall install street lights acceptable to Puget Power standards at two locations indicated by the City Engineer. These are anticipated to be at the vicinity of Lots 13 and 18. 15. All roads easements, except Campbell Lane, will be deeded to the City as public roads. 16. During home construction, the contractor shall construct the required 4 foot wide concrete sidewalk. 17. The Contractor shall continue the five foot wide concrete sidewalk along Lippert Avenue for the full length of the property frontage. 18 Campbell Lane will be paved in front of Lots 10 and 11. Campbell Lane will remain a private road. 19. The developer shall construct a right turn lane for west bound traffic on Lippert Avenue, at its intersection with Pottery Avenue. 20. Stormwater management shall conform to the best management practices. A license engineer will prepare the stormwater management plan. On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved a land use reclassification from Residential Low to Residential High at the property located in the vicinity of the 100 block of Lippert Avenue, as requested by Chuck Childress. (Lilac Hills Subdivision) Mayor Weatherill called for a 5 minute recess with meeting to reconvene at 10:00 PM. Mayor Weatherill opened the 8:45 PM Public Hearing regarding an appeal of an abatement order to clean a lot at the northeast corner of Chester Street and Farragut Avenue. City Engineer advised Council of the appeal to the abatement notice and requested Council to continue Public Hearing. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council set June 14, 1993 at 7:45 PM as the date and time of the continued Public Hearing regarding an appeal of an abatement order to clean a lot at the northeast corner of Chester Street and Farragut Avenue. Doug Eide, 2475 Bethel Road, discussed affordable housing in the City. May 10, 1993 Page 8 of 8 Patsy Pierce, 2153 Bethel Avenue, spoke to Council concerning mandatory garbage pickup in the City. Mayor Weatherill referred this matter to the Water, Sewer, Health, and Animal Control Committee for further review. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to sign a contract with Puget Sound Public Employers for labor consultant fees in the amount of $500 per month. On motion by Councilman Clauson, seconded by Councilman Morrison, Council declared as surplus an air compressor and diaphragm pump and authorized the City Engineer to dispose of these items in the best interest of the City. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the Mayor to sign the Host Agency Agreement for the JPTA summer parks maintenance program. On motion by Councilman Morrison, seconded by Councilman Clauson, Council granted permission to the South KGtsap Western Little League to utilize the north side of Sroufe Street for downhill diagonal parking from Spokane and running parallel to the Little League field to the bottom of the hill for a baseball tournament from July 8, 1993 through July 21, 1993. Meeting adjourned at 10:55 PM. n u� 4 `' tu (s `t4417)-A� DEPUTY CLERK MAYOR MAY 10, 1993 ATTACHMENT "A" LEGAL DESCRIPTION TRACT File #90885 ALPi RM A portion of the North Half of the Northwest Quarter of Section 2, Township 23 North, Range 1 East of the Willamette Meridian in Kitsap County, Washington, described as follows: COMMENCING at the northwest corner of said Section 2; thence South 03°12'07"West along the west Iine of said subdivision 712.26 feet; thence South 88001'58"East 619.31 feet to the POINT OF BEGINNING; thence continuing South 8800'58'F-ast 331.55 feet; thence North 21049'36'East 150 feet to the South Margin of Lippert Drive; thence North 88°01'58" West along said South Margin to a point which is North 02"56'52"East from the POINT OF BEGINNING; thence South 02"56'52"West 141.11 feet, more or less, to the POINT OF BEGINNING. TRACT II The West 536.55 feet of Lot "B" of City of Port Orchard Short Plat #PO-21 as recorded under Auditor's File #8108200073 Kitsap County, Washington. TRACT III A portion of the South Half of the Northwest Quarter of the Northwest Quarter of Section 2, Township 23 North, Range 1 East of the Willamette Meridian in Kitsap County, Washington, described as follows: COMMENCING at the northeast corner of said Section subdivision; thence South 02°05'42" West along the east line of said Section subdivision 313.5 feet; thence North 88°53'34'West 308.24feet to the POINT OF BEGINNING; thence continuing North 88°53'34"West 386.59 feet; thence North 02 ° 05'42 "East 161.5 feet; thence South 82 °43' 18 "East 408.90 feet; thence South 02°05'42"West 119.70 feet to the POINT OF BEGINNING. TRACTIV Lots "B", "C" and "D" of City of Port Orchard Short Plat #PO-31 as recorded under Auditor's File #8310250160 in Kitsap County, Washington; EXCEPT the East 40 feet of said Lot "C".