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10/25/1993 - Regular - MinutesPort Orchard, Washington October 25, 1993 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson, Childress, Morrison, Geiger, Powers, and Grable. Staff present: City Attorney Goodwin, City Engineer Curles, City Planner Brown, Deputy Clerk Hager, City Clerk Parks and Fire Chief Snow. Councilman Grable led the audience and Council in the Pledge of Allegiance. Mayor Weatherill called for audience comments for items not listed on this Council agenda. Roger Prante, 2572 Harold Dr., addressed Council concerning the nuisance and vandalism at the Lundberg RV Park on Harold Drive. Mr. Prante suggested either closing the RV park totally or during winter months. Jan Tanner, 1441 Shelton Lane, also voiced concern with the park and safety of the neighborhood. Mayor Weatherill referred R.V. Park matter to the Parks Committee for further review. Kay Morrison, Port Orchard Library Board, thanked the City and City Engineer Larry Curles for their support in securing the grant to upgrade the library building to meet ADA standards. Kay Morrison requested the City consider joining the Economic Development Council by allocating $2,000 membership fee in the 1994 budget. Howard Minor, 1400 Bay Street, commended the Port Orchard Police Department in the apprehension of the graffiti vandals in Port Orchard. On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously approved consent agenda items as follows: 3a. Minutes of October 11, 1993 Council meeting. 3b. Payment vouchers as follows: Claims Warrant No. 19524-19582 in the amount of $81,028.61. 3c. Resolution No. 1652 setting forth facts, findings and conclusions relevant to the appeal of the Planning Commission's recommendation to approve Olympic Terrace Apartment Zone Reclassification Application as filed by Mary J. Urback on behalf of the. South Kitsap School District. 3d. Ordinance No. 1592 adopting definitions of nuisances and establishing rules, regulations and procedures for the abatement of such nuisances. October 25, 1993 Page 2 of 7 3e. Confirm Mayor's appointment of Bob Heubert to the Port Orchard Planning Commission to fill unexpired term vacated by the resignation of Ken Davis. Term expires on 12/31/93. Mayor Weatherill opened the continued 7:35 PM Public Hearing regarding a request to amend Ordinance No. 1537 by deleting or modifying Condition No. 22 which requires road improvements near the intersection of Sherman Avenue and Melcher Street for the Highlands at Ross Point Project, Tyee Sinclair International, owner of record. (Continued from September 27, 1993 City Council Meeting.) City Engineer Curles gave staff report, also referring to his memo regarding his estimate to improve the sight distance problem at the corner of Sherman Avenue and Melcher Street. Dan Pebble, President of Tyee Sinclair International, offered that Tyee International will participate at a fair share to improve the intersection at Sherman Avenue and Melcher Street, subject to City Engineer and City Attorney approval. Howard Minor, 1400 Bay Street, commented that all residents use the road therefore all should participate in paying for any road upgrades. Mayor Weatherill called for additional input regarding the proposed deletion or modification of condition #22 requiring road improvements near the intersection of Sherman Avenue and Melcher Street for the Highlands at Ross Creek Project Preliminary Plat. As no further response was received, Mayor Weatherill closed the public input portion of this Public Hearing. Councilman Clauson moved to direct the City Engineer to work with City Attorney and developers to prepare an agreement for the developers participation in a future road improvements LID. Motion died for lack of second. On motion by Councilman Morrison, seconded by Councilman Clauson, Council reopened Public Hearing regarding the proposed deletion or modification of condition #22 requiring road improvements near the intersection of Sherman Avenue and Melcher Street for the Highlands at Ross Creek Project. Dan Pebble, President of Tyee Sinclair International, requested Council remove Condition No. 22 and further reiterated Tyee International's agreement to participate in a fair share to improve the intersection. On motion by Councilman Morrison, seconded by Councilman Geiger, Council continued this Public Hearing to January 10, 1994 at 7:35 PM for further research and study. This Public Hearing is to consider a request to amend Ordinance No. 1537 by deleting or modifying Condition #22 requiring road improvements near the intersection of Sherman Avenue and Melcher Street for the Highlands at Ross Point Project. October 25, 1993 Page 3 of 7 Mayor Weatherill called for a 5 minute recess, with the meeting to reconvene at 9:45 PM. Mayor Weatherill reopened continued 7:45 PM Public Bearing regarding an application for zone reclassification from Commercial General to Multiple Family 20 as submitted by Primark Corporation to allow construction of Olympic Terrace Apartments in the 700 block of Olney Avenue, north of K-Mart Plaza and South of South Sound Cinema. LEGAL DESCRIPTION: Attachment "A". (Continued from September 27, 1993 City Council Meeting.) Councilman Childress stepped down from Council table due to a conflict of interest. City Engineer Curles gave the staff report and briefed the Council on the Planning Commission's recommendations for approval. William M. Palmer, representing Wiley -Wolf Partnership, gave a brief history of the project and further discussed drainage and sidewalks in the proposed project. Mr. Palmer also assured Council the applicant will comply with all Planning Commission recommendations. Guy Spencer, Primark Corporation architect for proposed project, discussed the amenities of the proposed project and also requested permission to place a sign in City right-of-way at the Southeast corner of Orlando Street and Olney Avenue. Mayor Weatherill called for input from those opposed to an application for zone reclassification from Commercial General to Multiple Family 20 as submitted by Primark Corporation to allow construction of Olympic Terrace Apartments. Rudolph Fyles, Director of Capital Projects, South Kitsap School District No. 402, renewed the school district's procedural objections concerning mitigated impact fees. Dave Pinkerton, 3310 Hortsman Road, spoke against the proposed project and voiced concern about drainage problems in the area. J.P. Bottoms, engineer for grading and drainage for the proposed project, discussed the infiltration system proposed to serve the project. Richard A. Brown, realtor, discussed proposed pedestrian or vehicle access to the shopping center. Mayor Weatherill called for additional input either for or against the proposed zone reclassification from Commercial General to Multiple Family 20 as submitted by Primark Corporation to allow construction of Olympic Terrace Apartments. As no further response was received, Mayor Weatherill closed the public input portion of this hearing and referred matter to Council for consideration. October 25, 1993 Page 4 of 7 On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted Planning Commission Resolution No. 202-93 as their own with clarification of Condition No. 24 and approved the zone reclassification from Commercial General to Multiple Family 20 as submitted by Primark Corporation to allow construction of Olympic Terrace Apartments with the following conditions: 1. Stormwater treatment shall be consistent with the Stormwater Management Manual for the Puget Sound Basin, which is in effect at the time of project design. The stormwater system shall be designed by a licensed engineer. The following design criteria shall be used: A. Release rates shall comply with the minimum requirement #5, I-2.9 B. Water quality shall comply with the minimum requirement #4, I-2.8 C. The pre-existing condition of the site should be considered forested. D. Biofiltration swales and open conveyances should be incorporated where feasible. E. The design shall include a multi cell pond for water quality, if necessary. 2. The stormwater control system shall be designed and constructed to meet the impacts of the entire Olympic Terrace Apartments. If the project uses the existing detention pond, the impact of the upstream commercial area may be calculated with the original design calculations for which that pond was sized. 3. The construction of the stormwater system shall not be phased. 4. The stormwater plan shall provide for stormwater culverts in Olney Avenue up to Orlando Street and shall be installed by the developer. 5. The project shall provide the City a maintenance schedule for the stormwater system and maintain it in accordance with that schedule. 6. Those areas cleared of vegetation, but not constructed upon by 1 October of each year, will be hydroseeded to reduce erosion during the winter. 7. Prior to any excavation or clearing in the right of way, the City will receive fair compensation for all timber in the right of way. 8. Orlando Street would remain a City street and will be developed, by the Developer, to provide two 12 foot travel lanes and a five foot wide concrete sidewalk with concrete curb and gutter on the south side of Orlando Street. October 25, 1993 Page 5 of 7 9. The developer shall construct a five foot wide concrete sidewalk on the east side of Olney Avenue from Orlando Street to the existing sidewalk. 10. The developer shall provide for a Puget Power light standard at the corner of Orlando Street and Olney Avenue and mid way along Orlando Street. II.. The developer shall provide a 2 inch asphalt overlay on Olney Avenue from the north side of Orlando Street to the south property line of the project. The paving will extend to the edge of the sidewalk. 12. The landscaping of the project will be consistent with the approved site plan. The "large street tree" and "deciduous shade tree" shall be a minimum of 2 inches in caliper. 13. The landscaping in the Orlando Street right of way shall be maintained by the property owner of the Olympic Terrace Apartments. 14. Any landscaping found dead or diseased within one year of planting will be replaced by the property owner of the Olympic Terrace Apartments within 30 days of notification by the City. 15. The entry sign shall be a monument sign, less than 4 feet in height, and shall not be placed in the right of way without expressed permission from the City. 16. The sports court shall be a paved surface and shall contain a minimum of a basketball hoop, removable pickleball net and appropriate court markings. 17. The play areas shall be site plan specific as per the presented drawing and shall include five or more of the following: A. One tire swing or two belt swings B. 8` slide C. Raised play platform D. Climbing net or ladder E. Hand over hand bars F. Fireman`s pole G. Catwalk H. Turning bar I. Gym rings and trapeze bar J. Other items may be substituted if approved in writing by the City Building Department. 18. The recreational building shall provide those facilities as listed in the environmental checklist. The building shall be constructed in Phase One of the development. 19. The property will be served by the Kitsap County Sewer District #5 and the Annapolis Water District. The project will meet those construction standards. October 25, 1993 Page 6 of 7 20. All utilities, to include those on Orlando Street, will be underground. 21. Fire hydrants will be placed as required by the Port Orchard Fire Department. 22. No building or excavation permit shall be issued prior to the approval of the final site plan by the Fire Department. 23. The Developer shall work with the South Kitsap School District to design a safe assembly area for the school children. 24. The eveleper shall ppey;d a safe pedestrian aeGess from the —apartmen to the,adj-aEent sh�ing area. The Developer shall provide a safe pedestrian access from the apartments toward the adjacent shopping area along the southwestern border of the apartment complex leading to Olney Avenue and encourage the developer to negotiate with the theater a pedestrian access to the theater sidewalk system. Mayor Weatherill called for a 5 minute recess, with the meeting to reconvene at 10:40 PM. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council authorized the Mayor to sign a Criminal Justice Grant application with the State Department of Community Development in the amounts of (1) $5,610, (2) $5,610, (3) $2,805. On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the City Engineer to negotiate with U.S. West for a trade of U.S. West property located across from the South High School in lieu of U.S West installing a sidewalk in the 700 block of Mitchell Avenue. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the Mayor to sign change order with Fox Island Construction for the Road and Utility Repair Contract in the amount of $28,200.00 On motion by Councilman Morrison, seconded by Councilman Grable, Council authorized the deletion of the installation of sidewalks on the north side of Forest Park Street. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to sign Mitchell Street Reconstruction Contract with Grey and Osborne for the project administration. Meeting adjourned at 10:58 P.M. CITY CLERK „� YOR PRO-TEM LEGAL DESCRIPTION ATTACHMENT "A" The southwest quarter of the southwest quarter, Range 2 East, W.M., City of Port Orchard, County Washington, except the following: EXCEPT the north 30 feet; EXCEPT County Road No. 328; EXCEPT S. R. No. 160; ALSO EXCEPT the following described tract: October 25, 1993 Page 7 of 7 Section 30, Township 24 North, of Kitsap, State of That portion of the southwest quarter of the southwest quarter of Section 30, Township 24 North, Range 2 East, W.M., described as follows: Commencing at the southwest corner of said Section 30; thence south 88°40'39" east, 20 feet to point of intersection of the north margin of S.R. 160 and the east margin of Olney Avenue and the true point of beginning; thence continuing along the north margin of S. R. 160, south 88040'39" east, 67.35 feet; thence south 01°19'21" west, 20 feet; thence south 88°40'39" east, 600 feet; thence north 01019'21" east, 30 feet; thence south 88°40'39" east, 30 feet; thence leaving said north margin of S.R. 160 north 01°19'21" east, 910 feet; thence north 88°40'39" west, 700.85 feet to point on the east margin of Olney Avenue; thence southerly along said east margin of road on an 820 foot radius curve to the right the center of which bears south 83°34'59" west, having a central angle of 8001'19" along an arc distance of 114.81 feet to point of tangency; thence continuing along said east margin of road south 01036'17" west, 805.54 feet to the true point of beginning; EXCEPT the south 515 feet of the east half of the southwest quarter of the southwest quarter of said Section lying North of S. R. 160.