04/24/2000 - Regular - MinutesPort Orchard, Washington
April 24, 2000
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson,
Morrison, Wyatt, Geiger, Powers, Van Zee, and Stansbery. Staff present: Police Chief Townsend, Deputy
Clerk Merlino, City Planner Wenman, City Clerk Parks, City Engineer Curies, and City Attorney Loren
Combs.
Councilwoman Powers led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was
received at this time.
Monty Mahan and Susan Graham, representing Kitsap County presented an update on the Bethel Corridor
Plans. The discussion centered on landscaping, transportation, land use and environmental issues.
Proposed intersection solutions were illustrated. The project is scheduled for construction in spring 2002.
Mayor Weatherill opened the 7:35 PM continued (4/10/00) 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 "A"
Councilwoman Powers refrained from Council discussion and vote, due to her absence at the April 1 0, 2000
Council meeting.
City Planner Wenman, reported the on why this public hearing has been continued, due to the neighboring
property owners claiming adverse possession on a portion of Heron Ridge property. Mr. Wenman advised
the two property owners have reached an agreement and also noted this agree merit is strictly between the
two property owners.
Jerry Clark, applicant for the project, concurred with City Planner Wenman and stated a satisfactory
agreement had been reached with the Mr. and Mrs. Ragsdale. Mr. Clark requested eliminating the sidewalk
on the east side of the Ragsdale's property and along the east side of lots 28, 29 and 30.
Steve Ragsdale, representing his parents, Mr. and Mrs. Ragsdale 233 Melcher Avenue, concurred with Mr.
Clark and stated an agreement had been reached and also acknowledged his parents are withdrawing the
claim of adverse possession on a portion of Heron Ridge property.
After considerable discussion concerning the proposed sidewalk on the east side of the Ragsdale property
and along the east side of lots 28, 29 and 30, Mr. Clark withdrew his request.
Mayor Weatherill called for audience comments either for or against the proposed subdivision known as
Heron Ridge. As no response was received, Mayor Weatherill closed the public input portion of this Public
Hearing and referred this matter to Council for their consideration.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council adopted Planning
Commission Resolution No. 307-00 as their own and approved the subdivision known as Heron Ridge, as
submitted by Jerry Clark, owner of record and Nils Ronhovde, Scandia Planners, Project Representative
with the following 49 conditions. The site is located in the 200 block of Melcher Street at the northeast
corner of Melcher Street and Pottery Avenue. Motion passed with 6 ayes and 1 abstaining vote.
Councilwoman Powers refrained from voting due to her absence at the April 10, 2000 Council meeting
PLANNING:
1. A scaled grading plan shall be submitted identifying existing and future grades.
April 24, 2000
Page 2 of 7
2. No permanent sign shall be erected without prior approval from the Planning Department and
shall be reviewed under a separate permit.
3. A minimum of one street tree no less than 6 feet tall with a minimum caliper of 3 inches shall be
installed within the front yard of each lot.
SUBDIVISION:
4. There shall be no development or clearing ofTracts A, B, or C, without specific City approval.
5. Tract A shall be listed as open space and deeded to the Homeowner's Association.
6. Grading is not permitted in any Greenbelt zoned area.
7. Prior to issuance of permits for lots 7 to 18, the Planning Department shall verify compliance with
the City's Critical Areas Ordinance.
WATER:
8. The Developer .shall extend the 8-inch ductile iron water main that was installed for the Eagle
Crest subdivision to the west side of the intersection of Melcher Street and Hill Avenue.
9. The water main in the subdivision shall be an 8-inch ductile iron main, unless the City specifically
allows a smaller diameter pipe.
10. Prior to issuance of an excavation permit, the City Public Works Department shall review the
water system design for compliance to the City requirements.
11. All water system improvements will be complete, and the as-built drawing will be accepted by the
City prior to Final Plat approval.
12. All water mains in the right of way shall be deeded to the City.
SEWER:
13. Prior to issuance of an excavation permit, the City Public Works Department shall review the
sewer system design for compliance to the City requirements.
14. If a sewer pump station is required, it shall be equipped with an on-site emergency generator
capable of operating both pumps simultaneously and meet the following requirements:
A. Be an explosion proof assembly.
B. Be a dual pump assembly.
C. Have on site a water outlet, 1 00-volt outlet, and a telephone conduit for future telemetry
connection.
D. The area shall be fenced with at least a six (6) foot high fence with a tip bar.
15. The sewer main will have a manhole in the intersection of Melcher Street and the new
subdivision street to be able to serve surrounding properties.
16. The sewer system will be televised and inspected prior to acceptance by the City.
April 24, 2000
Page 3 of?
17. All sewer system improvements will be complete and the as-built drawings accepted by the City
prior to Final Plat approval.
18. All sewer mains shall be deeded to the City.
STREET:
19. The street is to meet City standards and shall be dedicated to the City as public right-of-way.
20. The private driveway which serves Lots 7 and 8 shall be a private driveway road and each of
those lots shall be signatory to a road maintenance agreement for the driveway.
21. There shall not be any access from the lots to Melcher Street or Hill Avenue.
22. Sidewalks are required on both sides of the street.
23. The Final Plat shall show that each house in the subdivision shall pay the City $400.00 for road
improvements at the time of the building permit issuance.
24. Prior to issuance of the excavation permit after approval of the preliminary plat, the developer
shall deed the south 15 feet of the property to the City for right of way purposes.
25. A lighting plan shall be submitted and deemed acceptable to Puget Sound Energy standards
and to the City Engineer prior to placement of any outdoor illumination. At a minimum, street
illumination should be located at each entrance, Lot 28 and Lot 25.
26. There shall not be any slope greater than 12%. The Engineer of Record shall certify that the
road slopes are 12% or less.
27. The developer should provide the City with $150.00 to pay for the following signs and posts:
1 Street Sign
1 Stop Sign
1 Dead End Sign
STORMWATER:
28. All stormwater conveyance, detention, and water quality facilities shall be designed per City
standards.
29. The stormwater system shall be designed by a professional engineer.
30. Prior to issuance of an excavation permit, the City Public Works Department shall review the
stormwatersystem design for compliance to the City standards.
31. The stormwaterpond shall be owned and maintained by the Homeowner's Association.
PARKS:
April 24, 2000
Page 4 of7
32. Prior to Final Plat approval, the developer shall have constructed a playground in a location
designated by the City Council and equipped with the following equipment, as approved by the
City:
1 Set of 2 Chair swings.
1 Slide.
1 Impact resistant surface.
Complete perimeter fencing
33. The playground shall be constructed by the time ten homes are occupied, or no other permits or
certificate of occupancies shall be issued.
34. The neighborhood park shall be deeded to and maintained by the Homeowner's Association.
SURVEYING:
35. All lots will be suNeyed and recorded.
UTILITIES:
36. All utilities will be underground.
FIRE:
37. Fire hydrants on the plat shall be spaced no more than 400 feet between each hydrant.
38. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20 p.s.i, is
required for one and two family dwellings not exceeding 3,600 gross square feet.
39. All other buildings (including larger one and two family dwellings) require a minimum fire flow of
1,500 gallons per minute and may require more depending on building size and type of
construction as per Appendix 111-A of the Uniform Fire Code.
40. Fire apparatus access roads shall be an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13 feet 6 inches.
41. All dead end fire apparatus access roads in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus.
42. The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside diameter
and 48 feet outside diameter.
43. Construction plans for the utilities will need to be submitted to the Fire District's Fire
Prevention/Educationoffice for review.
44. Before construction may begin on any lot, Fire Department vehicle access must be provided.
Access roads shall be provided for all structures more than 20 feet in unobstructed width, be
designed and maintained to support the imposed loads of fire apparatus, and must have a
surface that provides all-weather driving capabilities.
ADDRESSING:
April 24, 2000
Page 5 of 7
45. The developer must apply for and be issued addresses prior to a building permit
46. The street located within the development shall be assigned a name by the City Clerk's office.
SEPA:
47. The project shall comply with any restrictions established by the Department of Fish and Wildlife
to minimize disruption to the heron rookery.
48. To reduce 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.
4g_ The following conditions shall apply to the Covenants Conditions and Restrictions that will be
recorded against the property prior to the time of final plat approval:
(a) The city must review and approve before final plat approval those portions
of the CC&R's that address conditions of preliminary plat approval.
(b) No condition in the CC&R's that address a condition of plat approval can
be amended without the prior consent of city. This also must be stated in
theCC&R's.
(c) The CC&R's must contain a provision that gives the city the authority to
enforce the provisions of the CC&R's that are conditions of plat approval.
(d) The CC&R's must allow the city to enforce the provisions that relate to Plat
approval and give the city lien right's against all lots, in the same manner
that the association itself would have for enforcement action, which will
include legal and administrative costs incurred in the enforcement process.
(e) The CC&R's must have boiler plate language that indicates the city's
failure to enforce a condition is a particular case is not a waiver of the
condition in general.
City Clerk Parks reported on bid opening held April13, 2000 at 4:00 PM regarding the Tremont Street/Port
Orchard Boulevard Intersection Improvements. Four bids were received with the required bid bonds as
follows:
Moose City Service Electric
Signal Electric
Totem Electric
Poteloo, Inc.
Engineer's Estimate
$120,457.25
$127,759.05
$133,966.50
$146,711.00
$152,859.00
On motion by Councilman Morrison, seconded by Councilman Clauson, Council accepted the bidding and
awarded the contract for the Tremont Street/Port Orchard Boulevard Intersection Improvements to the lowest
bidder, Moose City Service Electric in the amount of $120,457.25 with Kitsap County administrating the
contract. Motion passed with 6 ayes and 1 nay. Councilman VanZee voting nay.
April 24, 2000
Page 6 of?
City Engineer reported on bid opening held April 20, 2000 at 4:00 PM regarding the public works facility and
recommended all bids be rejected.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council rejected all bids received on
April20, 2000 at 4:00 PM for the public works facility.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved Ordinance No.
1793 authorizing a zone reclassification for property bordered on the east by Pottery Avenue and South
Kitsap Boulevard to the north from Residential 4.5 and RB to a mixed use zoning classification for the
purpose of developing professional offices commonly known as Pottery Professional Plaza. Yoder/Morrison
Partnership, owners of record. Motion passed with 6 ayes and 1 abstained vote. Councilwoman Powers
refrained from voting, due to her absence at the April1 0, 2000 Council meeting.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council approved the consent
agenda as follows:
a. Minutes of the following Council meetings:
(1) April10, 2000 regular council meeting.
b. Claim warrant numbers 32717-32799 in the amount of $90, 124.20.
c. Approval of the following fireworks stand permits:
(1) Rochelle Savage-South Kitsap Mall
(2) Albertson's parking lot-1434 Olney Avenue
(3) Port Orchard Thriftway parking lot-1415 Olney Avenue
(4) Hi-Joy Bowl parking lot-1011 Bethel Avenue.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Application for Public
Event, submitted by Fathoms 0' Fun, scheduled for June 23, 2000 through July 4, 2000 located on the city
waterfront parking lots, contingent upon Fathoms 0' Fun response to the city's eight questions and/or
conditions as follows:
(1) It should be clearly stated that either the Fathoms or the Carnival is responsible for
the carnival license fee.
(2) The extent and cost of law enforcement needs to be clarified. The application refers
to splitting the cost of this service. Except for special circumstances, Fathoms 0'
Fun usually paid this expense.
(3) The insurance shows a coverage of $500,000. It was thought that $1,000,000 was
the typical coverage.
(4) The needs of the Fire District are met.
(5) Will the city allow travel trailers to be occupied in Lot#4?
(6) Who will pay the deposit for the water meter at the Port Orchard marina?
(7) Damaged landscaping will be replaced with landscaping of similar size.
(8) There will be no anchors or spikes driven into the asphalt.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized an additional
expenditure to purchase additional chips for the clock tower chimes in the amount of $329.00 plus tax and
shipping.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council renewed the real
property lease with South Kitsap Western Little League, effective May 1, 2000 through April 30, 2005 and
further authorized the Mayor to sign the lease documents.
April 24, 2000
Page 7 of 7
On motion by Councilman Stansbery, seconded by Councilman Clauson, Council authorized the City
Engineer to contract with Apply-A-Line for the yearly street stripping project in the amount of $14,186.50.
At 8:55 PM Mayor Weatherill adjourned meeting.
YJifJ/h ~ ~0~
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
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OIR..~G·~NAL U.EGAL DIESCIUPT~O~S:
.THE WEST ONE HALF OF THE SOUTH ONE HALF OF THE NORTHWEST QUARTER OF.
THE NORTHWESr QUARTER IN SECTION 35. TOWNSHIP 24 NORTH. RANGE 01 EAST OF
THE WILLAMETTE MERIDIAN.
EXCEPT THE EASTIS 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.
PLAT ~NfORMAT~ON &.DATA UT~l~T~ES
ZONING : RH ROADS
PLAT AREA : 9 ACRES WATER
NO. OF LOTS : 30 SFR SANITARY SEWER
MIN.LOT S.IZE ·: 5000 SOFT STORM DRAINAGE
AVE. LOT SIZE : 'TOOO SOFT POWER
I r'IGTH OF ROAD : 1.120 FEET TELEPHONE
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