04/10/2000 - Regular - MinutesPort Orchard, Washington
April 1 0, 2000
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger,
Van Zee, and Stansbery. Councilwoman Powers excused. Staff present: City Clerk Parks, Deputy Clerk
Merlino, Police Chief Townsend, Code Enforcement/Associate Planner Bures, City Planner Wenman, City
Engineer Curies, and City Attorney Combs.
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.
Mike Hoskins, representing South Kitsap Eastern Little League, invited the Mayor and City Council to attend
"Port Orchard Nighf' at the Seattle Mariner's game on April21, 2000.
Tom Harken, representing United Infrastructure Washington, Inc., discussed the Tacoma Narrows project
status, schedule of activities, and proposed costs. Mr. Harken also presented plans depicting the Tacoma
Narrows Bridge proposed configuration.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for a zone reclassification as
submitted by Yoder/Morrison Partnership, owners of record. The applicant is seeking a reclassification from
Residential R4.5 and R8 to a Mixed Use Zone for a proposed professional office complex to be known as
the Pottery Professional Plaza. The site is bordered on the east by Pottery Avenue and South Kitsap
Boulevard to the north. LEGAL DESCRIPTION: Attachment "A".
Brett Bures, Code Enforcement/Associate Planner, brought Council up-to-date on the current and proposed
zoning classification and presented a brief summary of the proposed project.
Ken Morrison, co-owner of record, addressed Council on the proposed project and gave a brief history on
the property and the development of six new office buildings consisting of approximately 70,000 square feet.
Mark Dorsey, Art Anderson and Associates, representing applicants, discussed the three phases of the
proposed project, begining with phase one, which consists of building "A" and site infrastructure. In
conclusion Mr. Dorsey acknowledged the applicants have worked hard to present an upscale project that
will be a source of pride for the applicants and the City of Port Orchard.
Warren Adams, Port Orchard resident, urged Council to consider the impact on current city resources, when
they approve land use applications that result in increased growth.
Mayor Weatherill called for additional audience comments either for or against the proposed zone
reclassification which would allow a proposed professional office complex to be known as Pottery
Professional Plaza, as submitted by Yoder/Morrison Partnership. As no further comments were received,
Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for
their consideration.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Planning
Commission Resolution No. 308-00 as their own and approved the professional office complex known as
Pottery Professional Plaza, as submitted by Yoder/Morrison Partnership, owners of record with the following
11 conditions. The Pottery Professional Plaza is bordered on the east by Pottery Avenue and South Kitsap
Boulevard to the north.
1. All water mains and services will meet city standards.
2. The Fire Marshall will determine fire hydrant assemblies and their locations.
3. All sewer mains and services will meet city standards.
4. Prior to issuance of the Certificate of Occupancy, the city will be provided the as-built
drawings for the water, sanitary sewer, and stormwater systems.
April 1 0, 2000
Page2 of5
5. The stormwater system will be designed by a professional engineer and meet the city
standards.
6. The sidewalk and shoulder on the west side of Pottery Avenue shall be similar to that on
the east side of the road.
7. The stop bars, lane arrows, and painted islands shall be applied with thermoplastic paint.
8. Crosswalks shall be at the entrance of the project and shall be the ladder design and
applied with thermoplastic paint.
9. Prior to issuance of any building permit, the City Engineer and Police Chief shall approve
the lighting plan for the entrances and site plan.
10. All on site utilities shall be underground.
11. A landscaping plan shall be submitted, reviewed, and implemented prior to the issuance of
a Certificate of Occupancy.
Mayor Weatherill opened the 7:45PM Public Hearing regarding an application for a subdivision, known as
Heron Ridge (SUB 99-3), as submitted by Jerry Clark, owner of record and Nils Ronhovde, Scandia
Planners, project representative. The applicant is seeking to develop a 30 lot subdivision on approximately
9 acres with a total of 30 single family dwelling units. The site is located in the 200 block of Melcher Street
at the northeast corner of Melcher Street and Pottery Avenue. LEGAL DESCRIPTION: Attachment "B"
Brett Bures, Code Enforcement/Associate Planner, discussed the Planning Commission's recommendations
for approval. Mr. Bures also advised a letter of opposition was submitted, from Smith & O'Hare, P.S., Inc.,
attorneys at law, representing Marvin and Carol Ragsdale, who reside at 233 Melcher which is directly
adjacent on three sides of the proposed project. Mr. and Mrs. Ragsdale have several areas of concern,
specifically, however not limited to, absence of buffering between the proposed project and their property;
and a property line dispute resulting in a possible claim of ownership by adverse possession.
Nils Ronhovde, project representative, stated the Planning Commission had expressed a concern with the
location of the tot lot in the proposed development. Mr. Ronhovde concurred with the Planning Commission
and submitted a site plan revision showing the tot lot relocated to a more central location within the
subdivision. {Tot lot located on parcel situated north of Lot 6-Attachment "C")
Jerry Clark, applicant for the project, asked for Council's approval of the project and gave a brief history and
commented on the current status of the proposed subdivision.
City Attorney Combs questioned Mr. Clark on letter of opposition submitted by Mr. and Mrs. Ragsdale. Mr.
Combs asked, to the best of Mr. Clark's knowledge, did Mr. Ragsdale mow the property prior to the meeting
with Mr. Ragsdale in 1995. Mr. Clark responded, he did not know.
City Attorney Cornbs also asked Mr. Clark, if the city approves this proposed subdivision application and
legal action is taken by Mr. Ragsdale to challenge the validity of the subdivision, would he reimburse the city
all costs and legal fees incurred in defending the subdivision. Mr. Clark responded it would depend on how
much this action would cost.
Brad Corner, trustee for Port Orchard 8.9 Partnership, and adjacent property owner, spoke in favor of the
proposed project.
Tim Mathis, prior owner of subject property, discussed the property line dispute and slated during his
ownership of the property, and to the best of his knowledge, the Ragsdale's did not mow or perform any
landscape activities on his property.
April 1 0, 2000
Page 3 of 5
Mayor Weatherill called for audience comments from those opposed to the proposed subdivision known as
Heron Ridge (SUB 99-3), as submitted by Jerry Clark, owner of record and Nils Ronhovde, Scandia
Planners, project representative.
Steve Ragsdale, representing his parents, Mr. and Mrs. Ragsdale 233 Melcher Avenue, advised Council his
parents have maintained the property in question for the past 14 years. Mr. Ragsdale also pointed out the
project surrounds the family property and is concerned about a potential reduction in property value. Mr.
Ragsdale also expressed a concern with the absence of a buffer between the proposed subdivision and his
parents property.
Mayor Weatherill called for additional audience comments either for or against the proposed subdivision
known as Heron Ridge (SUB 99-3), as submitted by Jerry Clark, owner of record and Nils Ronhovde,
Scandia Planners, project representative. No further comments were received.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council continued this Public
Hearing to April 24, 2000 at 7:35 PM to allow for additional written input on the Ragsdale's adverse
possession claim.
At 9:10PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:20PM.
City Engineer Curies introduced Robert Wenman, the new City Planner for the City of Port Orchard.
Mayor Weatherill asked for Council's concurrence on his recommendation to separate the city prosecuting
services from the City Attorney Legal Services Agreement and authorization for him to sign a Inter-local
Agreement with Russ Hauge, Kitsap County Prosecuting Attorney's Office, in the amount of $50,435.00 per
year and a one time fee of $3,000.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council concurred with Mayor
Weatherill's recommendation and authorized him to sign a Inter-local Agreement for city prosecuting
services with Russ Hauge, Kitsap County Prosecuting Attorney's Office, in the amount of $50,435.00 per full
year and a one time fee of $3,000.
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council approved Ordinance No.
1792 approving a 63 lot subdivision with 63 single family dwelling units located east of South Flower Avenue
and west of West Avenue between Goldenrod Street and Fireweed Street, commonly known as Flower
Meadows. The applicant is Chuck Childress.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council adopted Resolution No. 1891
adopting a wage step system for the position of Assistant City Engineer.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council adopted Resolution No.
1892 repealing Resolution No. 1858 and re-establishing a policy for cutting trees and vegetation in the right
of way and on public property.
Councilman Morrison, Street/Alley Chair, commented on the proposal to place pedestrian flags at specific
downtown crosswalks and advised the Committee is currently reviewing several alternatives, such as
rumble bars, or other lighting methods to improve safety in the downtown area.
Phil McCormick, Rewind Music 639 Bay Street, expressed a concern with poor lighting and visibility of the
downtown crosswalks and the need to improve pedestrian safety. However, Mr. McCormick commended
Police Chief Townsend on re-establishing the bicycle patrol program in downtown Port Orchard, he stated
he and other downtown merchants believe this program is very effective and will continue to have a positive
effect on the downtown core.
April 10, 2000
Page 4 of 5
Mayor Weatherill requested the Street/Alley Committee continue their review of the downtown crosswalk
safety issues.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved the consent
agenda items as follows:
a. Minutes of the March 27, 2000 regular Council meeting.
b. Approval of Claim Warrants Number 32625-32716 in the amount of $280,962.29 and
March 2000 Payroll Warrants Number 133437-133649 in the amount of $313,645.47.
Councilman Morrison moved to authorize the renewal of a lease agreement with William J. Cree for
propenty located along Blackjack Creek, adjacent to Westbay, for one year with lease terminating on
September 30, 2001, seconded by Councilman Van Zee. Motion passed with 4 ayes and 2 nays.
Councilman Geiger and Wyatt voting nay.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the renewal of
the Dwight Street right-of-way lease with Ronald D. Ness & Associates for 5 years terminating on July 9,
2005.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City
Engineer to proceed with the 2000 Summer Paving Project Program.
On motion by Councilman Morrison. seconded by Councilman Clauson, Council authorized the City
Engineer to negotiate a contract with Reid Middleton for the synchronization of the Tremont Street traffic
lights. Motion passed with 5 ayes and 1 nay. Councilman VanZee voting nay.
On motion by Councilman Stansbery, seconded by Councilman Morrison. Council declared as surplus
two police vehicles and authorized the Police Chief to dispose of the following police vehicles in the best
interest of the city.
o 1990 Chevrolet Caprice Police Cruiser
VIN #1G1 BL5471 LR136067
o 1990 Chevrolet Caprice
VIN #1G1BL5470LA157197
On motion by Councilman Stansbery, seconded by Councilman Clauson, Council authorized the Police
Chief to sign a one year lease extension agreement with Destination Harley Davidson for (1) one
motorcycle in the amount of $178.86 per month.
On motion by Councilman Van Zee, seconded by Councilman Wyatt, Council declared as surplus
miscellaneous bicycles in the Police Department and authorized the Police Chief to dispose of these
bicycles in the best interest of the city.
Council set April 27, 2000 at 7:30 PM as the date and time for a Council Study Session. Kitsap County
representatives will discuss the progress on the Kitsap County jail facility and Kitsap County plans for
facilities relocation or expansion.
On motion by Councilman Stansbery, seconded by Councilman Van Zee, Council concurred with Mayor
Weatherill's appointment of David Hollar to the Port Orchard Planning Commission. Mr Hollar will fill the
vacancy created by the resignation of Bob Huebert, with his term expiring on December 31, 2005.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized an additional
$1,000 of consultation service with Howard Small of Geoscience Management who provides technical
expertise in the clean up of the Marina Mart and former city public works shop propenty, located in the 500
block of Bay Street.
April 1 0, 2000
Page 5 of 5
On motion by Councilman Clauson, seconded Councilman Morrison, Council authorized the City
Engineer to seek an appraisal of a 1 D-acre parcel near the McCormick water reservoir. The city is
currently interested in purchasing this parcel of land.
On motion by Councilman Wyatt, seconded by Councilman Van Zee, Council approved Application for
Public Event as submitted by the MS 150 Pedal the Peninsula Bike Tour, sponsored by the National
Multiple Sclerosis Society. Approval of this event includes use of the William VanZee Park from July 21,
2000 to July 24, 2000, with the actual event held on July 23, 2000.
The Council set the week of June 5th as Spring Clean-up in the City.
At 10:45 PM Mayor Weatherill adjourned Council into Executive Session for 10 minutes to discuss
pending litigations. Executive Session was extended an additional 5 minutes.
-. ,, ~ n > •
,o;)<'>;;Jl.[,Y I
fi
Pottery Professional Plaza
Legal Description
April 10, 2000
Attachment "A''
LEGAL DESCRIPTION . .
LOTS A, 8, C, . AND D OF CITY OF PORT ORCHARD SHORT
. SUBDIVISION NO. S-1 045, RECORDED UNDER KITSAP COUNTY
I AUDITOR'S FILE NO. 8602240110. ALSO,. THAT PORTION OF THE
. SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP ·
COUNTY, WASHINGTON, LYING EAST OF THE FOLLOWING DESCRIBED
LINE: ag·oo' WEST 463.19 FEET; THENCE NORTH 20.16'31"
WEST 720 FEET TO THE TERMINUS OF SAID LINE; EXCEPT LOTS
~ A, B, C, AND D OF CITY OF PORT ORCHARD SHORT SUBDIVISION .
NO. S-1 045, RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE
NO. 860224. /
RECEIVED
FEB 2 4 2000
.-.1-rv r\1'= Df"\OT fltlr.~AR.Q
PUBLIC VVUHI\Cl
·····-·~·· ·-·--·---··---•· -·· . -· ··-··-----. ··--·-· . """"'-··--···-·-· ·---·· ·-·-
Heron Ridge Legal Depcription
OR~G~NAL LEGAL DESCR~PT~O~S:
THE WEST ONE HALF OF THE SOUTH ONE HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER IN SECTION 35. TOWNSHIP 24 NORTH. RANGE 01 EAST OF
THE WILLAMETTE MERIDIAN.
EXCEPT THE EASTI5 FEET AND -
EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT:
THENCE NORTH 30 FEET:
THENCE WEST 159.52 FEET TO THE TRUE POINT OF BEGINNING:
THENCE NORTH 200 FEET: .
THENCE WEST 110 FEET:
THENCE SOUTH 200 FEET:
THENCE EAST 110 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALSO MELCHER STREET. .
SITUATED IN THE CITY OF PORT ORCHARD. COUNTY OF KITSAP. STATE OF WASHINGTON.
April 10, 2000
Attachment "B"
V~ CHH
2 !:::l(.q:.::.~~,r---
li~--
·2f--M~
34:t----'--
SCALE:
PLAT ~NfORMAT~ON & DATA UT~l~T~ES SUPPL~ERS:
ZONING : RH
PLAT AREA : 9 ACRES
NO. OF LOTS : 30 SFR
MIN.LOT SIZE ·: 5000 SOFT
AVE. LOT SIZE : 7000 SOFT
LENGTH OF ROAD : I 120 FEET
\fi=PT\c"A\ f'IATIIM V I T'.C' An co' 1\ •TI.L
ROADS : CITY OF PORT ORCHARD
WATER
SANITARY SEWER
STORM DRAINAGE
POWER
TELEPHONE
CARLE ;rv
PUGET POWER b LIGHT
US WEST
F THE. NWJ/.4 OF THE NVi'l/ .4
TWP:24 N.,: R,l E., W:M·
ORCHARD,'KilSAP. COU.NTY, WASHINGTC
1./lt./. ~",. .s-=-::1. 3.S
"Tu/P. .24·£.1£
PRE~iM~NARY l'lA1
HlE~ON ~~!DlGlE
I
\_ __ ._
/
April 10, 2000
Attchment "C"
liS'!
I
Potelco, Inc.
Totem Electric
Tremont Street/Port Orchard Boulevard Intersection Improvements
Bid Date: -Aprill3, 2000
4:00PM
CONTRACTOR Bid Amount Bid Bond
146,711.00 Yes
133,966.50 Yes
Moose City Services Electric 120,457.25 Yes
127,759.05 Yes
Signal Electric
ENGINEER'S ESTIMATE 152,859.00
Acknowledge Addendum 1
1, 2, 3, 4, and 5
1, 2,3, and 4
1, 2, 3, 4 and 5
1, 2, 3, 4, and 5