03/27/2000 - Regular - MinutesPort Orchard, Washington
March 27, 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, and Stansbery. Councilman Van Zee excused. Staff present: Police
Chief Townsend, Deputy Clerk Merlino, Code Enforcement/Associate Planner Brett Bures, City Clerk
Parks, City Engineer Curies, and City Attorney Montgomery.
Councilman Geiger 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.
Patty Thomas, representing Cultural Homestay International, introduced several Japanese Exchange
Students, and their teachers from the City of Gifu Japan. Mayor Weatherill and the City Council
welcomed the students and teachers to Port Orchard. Mayor Weatherill presented the students and
teachers a City Hall Grand Opening Commemorative Ornament.
Bill Hahn, representing Public Utility District No. 1, presented an update on the management of Kitsap
County's water resources, as well as briefings on several pertinent water resource issues.
Mayor Weatherill asked for Council concurrence on his appointment of Loren Combs, as City Attorney, and
authorization for him to sign Memo of Agreement with Mr. Loren Combs. Mr. Loren Combs is with the law
firm of McGavick Graves.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council concurred with Mayor
Weatherill's appointment of Loren Combs, as City Attorney, effective April 1, 2000, and further authorized
Mayor Weatherill to sign Memo of Agreement with Loren Combs.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a request to develop a proposed subdivision
known as Flower Meadows, as submitted by Chuck Childress, owner and applicant. This proposed
development is situated on 18.76 acres with a total of 63 single family dwelling units. The property is
currently developed with 4-single family homes. (Legal Description -Attachment "A")
Brett Bures, Code Enforcement/Associate Planner, brought Council up to date on the Planning Commission's
recommendations of approval for the proposed subdivision known as Flower Meadows.
James Tracy, attorney representing applicant, requested confirmation that this is the Public Hearing for the
proposed subdivision known as Flower Meadows and also asked if any of the Councilmembers or Mayor
have had any Ex Parte discussions prior to this Public Hearing. The Council and Mayor Weatherill confirmed
this is the Public Hearing for the proposed subdivision known as Flower Meadows and confirmed they have
had no discussions on this application outside this Public Hearing.
Mr. Tracy continued with discussion on the proposed subdivision known as Flower Meadows and the 55
conditions of approval as recommended by the Planning Commission. Mr. Tracy confirmed the applicant will
agree to conditions of approval #1-54, however is asking for a reconsideration of condition #'s 27, 28, 32, 45
and a revision to condition #55 as follows:
1. Condition #27 and #28 states Private Road "G" in Phase I of the development will be
maintained by the owners of lots 10, 11, and 12 and the city shall have an easement for
access over Road "G" and the use of this property for utilities.
March 27, 2000
Page 2 of9
Applicant is asking if the city would like this road to become a private road with public owned
·easement or public road.
2. Condition #32 requires sidewalks on both sides of the street. Applicant is asking to delete
sidewalks that abut private property or those properties outside the proposed subdivision.
3. Condition #45 states the playground shall be deeded to and maintained by the
Homeowner's Association. Applicant would like to deed the park to the city or if the park is
to be maintained by the Homeowner's Association what kind of improvements need to be
made.
2. Applicant is proposing a revision to condition #55 which requires the public road known as
Goldenrod Street, abutting Lots 11, 12 and 13 in Phase II shall have curbs and sidewalks.
Applicant is proposing to participate on a prorate basis when a UL/0 is formed for road
improvements and/or traffic lights, and instead of providing sidewalks and curbs provide a
four foot ( 4? asphalt extension.
Mark Kuhlman, Team 4 Engineering and representing the applicant, discussed how this project has gone
beyond the city's minimum requirements by upgrading stormwater retention, sanitary sewer connections and
pump stations.
Mayor Weatherill called for audience comments either for or against the proposed subdivision known as
Flower Meadows.
Kim Abel, 338 Goldenrod, expressed a concern and commented or questioned the following issues:
o The north end of the hammerhead street (50'), this is shown as a private road, should be
maintained and designated as a public road.
o Who will maintain the vegetation buffer?
o Lot #24 does not have a buffer.
o The fence around the playground should be higher than four feet (4').
o A picnic table should be included in the playground.
o Lots 11, 12 and 13 along Goldenrod Street should have street lights for safety.
o Expressed a concern with lots 11, 12 and 13 along Goldenrod Street, if the developer eliminates
sidewalks and curbs, how will affect storm water runoff.
o Who will maintain the pedestrian walkway and how will it be surfaced?
o How large is the greenbelt zone?
Larry Musser, 410 Goldenrod, questioned the difference between public road, private road, and publicly
owned easements.
David Hollar, 2397 South Flower, spoke in favor of the proposed subdivision, and stated the citizens have
worked with the developer and at some point they have to trust their governing body to make the right
March 27, 2000
Page 3 of9
decision. Mr. Hollar also suggested, in the future each developer should be required to meet with the
neighborhood prior to council consideration.
Howard Minor, 1400 Bay Street, also spoke in favor of the proposed subdivision.
Mayor Weatherill called for additional audience comments either for or against the proposed subdivision
known as Flower Meadows.
Mark Kuhlman, Team 4 Engineering and representing the applicant, commented on several concerns
expressed by the adjacent neighbors. In closing Mr. Kuhlman reminded Council of the four issues the
developer is requesting clarification on and further requested Council's approval of this subdivision
application.
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.
Councilwoman Powers, seconded by Councilman Geiger, moved to adopt Planning Commission
Resolution No. 306-00 as their own and approve the subdivision known as Flower Meadows, as submitted
by Chuck Childress with the following 55 conditions and one revision to condition #45 as indicated below.
This subdivision is situated on 18.76 acres with a total of 63 single family dwelling units, located east of
South Flower Avenue and west of West Avenue between Goldenrod Street and Fireweed Street.
#45: Prior to Final Plat approval, the developer shall Ha¥e construct the playground on a level
surface with a concrete retaining wall on the upperside, provide a 4 foot (4') chain link
fence, and twenty foot (20') wide pedestrian path with the following equipment, as approved
by the city:
1 Set of 2 Chair swings
1 Slide
1 Impact resistant surface
1 Picnic table.
Councilman Stansbery amended motion on the floor to revise condition #32 as follows:
*-Where sidewalks are required, they shall meet city standards, and shall be on both
sides of the street. t~nless IRe sity seYnsil spesifisally aYIRerizes a sifferenl sisewalk
re~t~iremenl.
Councilman Morrison seconded motion. Motion passed with 5 ayes and 1 nay. Councilman Geiger
voting nay.
Councilman Geiger moved to further amend the amended motion to delete condition #4 ~lative sl=lrtib
bt~ffers as sl=lovm on tl:le F>lat sl:lall l:Je cornf3ose9 of native everQreen shrt~l:Js an9 sl:lall have a
rninirnt~rn heiQht of 2 feet t~pon FJiantinQ. Tl:lese shrt~l:Js shall l:Je space9 at one shrtib fer everf 4
feet of riQht of way frontaQe. ahrt~l:Js shall be installe9 prior to final plat isst~ance. and revise
condition #30 as follows:
30. The 20 foot pedestrian access and utilities easement from Public Road "B" to Public
Road "C" and from Public Road "C" to the recreation area shall have a six-foot wide
asphalt curvilinear walkway senneGtinQ IRe twe reaes.
Councilman Clauson seconded, the second amendment to the original motion. Motion passed with 6
ayes.
March 27, 2000
Page 4 of 9
Council unanimously approved the original motion, twice amended, to adopt Planning Commission
Resolution No. 306-00 as their own and approve the subdivision known as Flower Meadows, as submitted
by Chuck Childress with the following 55 conditions and one revision to condition #45 as indicated below.
This subdivision is situated on 18.76 acres with a total of 63 single family dwelling units, located east of
South Flower Avenue and west of West Avenue between Goldenrod Street and Fireweed Street.
1. No permanent sign shall be erected without prior approval from the Planning Department
and issuance of a building permit.
2. Any development within 200 feet of Blackjack Creek will require compliance with the City's
Shoreline Management Program and JARPA procedures.
3. A minimum of one street tree with a minimum height of six (6) feet and 1-1/2 inches
caliper shall be installed within the front yard of each lot prior to Certificate of Occupancy
issuance.
4,.-~!alive shrY9 9Yffers as shewR eR lhe ~lal shall 9e sem~eseEI ef Ralive ever§reeR shrY9s
aREI shall have a miRiR'lYR'l hei§hl ef 2 feel Y~eR ~laRliA§. These shry9s sFiall 9e s~aseEI
al eRe shrYil fer every 4 feel ef ri§hl ef way freRla§e. ShrYils shall 9e iRslalleEI ~rier le
fiRal ~lal iSSYaRse.
5. The final plat shall indicate in a note on the face of the plat that Lot 11 of Phase I shall be
restricted to the construction of a single-family house and development of the Greenbelt
shall be prohibited.
6. Grading is not permitted in any Greenbelt zoned area.
7. No single family house, addition, or garage shall be constructed within the 40-foot
setback as measured from the top of the bank. The 40-foot building setback shall be
shown on the Final Plat drawing.
8. The 40-foot building setback area shall be flagged prior to issuance of the excavation
permit.
9. Utility easements for road, water, sewer, and/or storm water shall be a minimum of 15
feet wide.
FIRE
10. The project shall comply with the fire flow requirements, as specified by the Fire Marshall.
11. The Fire Marshall shall review and approve the road design prior to issuance of an
excavation permit.
12. The Fire Marshall shall review and approve the construction plans for the utilities prior to
issuance of an excavation permit.
13. Before any construction on homes can begin, the fire department access must be
provided and accepted by the Fire Marshall.
14. Hydrants to be installed as required by the Fire Marshall and equipped with 5-inch storz
adapters.
WATER
March 27, 2000
Page 5 of9
15. The Developer shall install 8-inch ductile iron water main, unless the City Engineer
specifically allows a smaller diameter pipe.
16. Prior to issuance of an excavation permit, the City Public Works Department shall review
the water system design for compliance to the city requirements.
17. All existing wells on this property shall be closed in accordance with the applicable State
and Health District regulations.
18. All water system improvements will be complete, and the as-built drawing will be
accepted by the city prior to Final Plat approval.
SEWER
19. Prior to issuance of an excavation permit, the City Public Works Department shall review
the sewer system design for compliance to the city requirements.
20. The sewer pump station 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, 100 volt outlet, and a telephone conduit for
future telemetry connection.
D. The area shall be fenced with a least a six (6) foot high fence with a top
bar.
21. The pumps from the former Pottery Heights pump station will be used for the Flower
Meadows pump station. The Developer will guarantee the pumps for one year from the
date of acceptance by the city. The Developer shall provide one new replacement pump
prior to acceptance of the new pump station by the city.
22. The sewer system shall be designed and constructed to allow its extension to serve the
existing neighborhoods.
23. There shall be easements in the vicinity of the sewer pump station to allow future
connections to adjacent property, which are outside the Flower Meadows subdivision.
24. The sewer force main shall be in its own pipe and directed to the city's gravity system.
25. The sewer system will be televised and inspected by the city prior to acceptance by the
city.
26. All sewer system improvements will be complete, and the as-built drawings accepted by
the city prior to Final Plat approval.
STREET
27. Private Road "G" in Phase I of the development shall be maintained by the owners of
Lots 10, 11, and 12.
March 27, 2000
Page 6 of9
28. The city shall have an easement for access over Road "G" and the use of this property
for utilities.
29. Private Road "P' in Phase IliA shall have a road maintenance agreement stating the
owners of Lots 11 and 12 shall be responsible for the maintenance of the road.
30. The 20 foot pedestrian access and utilities easement from Public Road "8" to Public
Road "C" and from Public Road "C" to the recreation area shall have a six-foot wide
asphalt curvilinear walkway sennestinQ the twa reaEls.
31. If West Avenue will be used for permanent access to lots in the plat, the Developer shall
upgrade West Avenue to city standards for the section of road abutting Flower Meadows.
32. Where sidewalks are required, they shall meet city standards, and shall be on both
sides of the street. ~nless the City Ce~nsil spesi~sally a~therizes a Elifferent siElewalll
reEJ~irernent.
33. The Final Plat shall show that each house in the subdivision shall pay the city $400.00 for
road improvements at the time of building permit issuance.
34. A lighting plan shall be submitted and deemed acceptable to Puget Power standards and
to the City Engineer prior to placement of any outdoor illumination. At a minimum, street
illumination should be located at each entrance, detention pond, intersection, and end of
road.
35. There shall not be any slope greater than 12%. The Engineer of Record shall certifY that
the road slopes are 12% or less.
36. The Developer should provide the city with $600.00 to pay for the following signs and
posts:
4 Street Sign
5 Stop Sign
1 Dead End Sign
2 Speed Limit Sign
STORMWATER
37. The stormwater system shall be designed and constructed to meet the standards that are
in effect at the time of the issuance of the excavation permit for the plat.
38. All areas that have been disturbed during construction, but not constructed upon by 1
October of the year shall be hydroseeded or covered with straw to minimize sediment
erosion. If this is not accomplished, the city shall have the area hydroseeded at the
Developer's expense.
39. The stormwater system shall be designed by a professional engineer.
40. The pond shall be sized to accommodate the flows from South Flower Avenue and the
culverts shall extend to South Flower Avenue, if required by the city.
March 27, 2000
Page 7 of9
41. Prior to issuance of an excavation permit, the City Public Works Department shall review
the stormwater system design for compliance to the city requirements.
42. Prior to issuance of the excavation permit, the city shall be given documentation that the
adjacent landowner has allowed the stormwater pond to be constructed on that parcel, as
shown on the plat.
43. All stormwater system improvements will be completed prior to approval of the Final Plat.
44. The stormwater pond shall be maintained by the city, in accordance with the Stormwater
Ordinance.
PARKS
45. Prior to Final Plat approval, the developer shalll!ave construct the playground on a level
surface with a concrete retaining wall on the upperside, provide a 4 foot (4') chain
link fence, and twenty foot (20') wide pedestrian path with the following equipment, as
approved by the city:
1 Set of 2 Chair swings
1 Slide
1 Impact resistant surface
1 Picnic table.
46. The playground shall be deeded to and maintained by the Homeowner's Association.
SURVEYING
47. All lots will be surveyed and recorded.
UTILITIES
48. All utilities will be underground.
MISCELLANEOUS
49. The Post Office may require combination boxes and not allow individual mail boxes.
Plans shall show cutouts for these and illustrate that their placement will not obstruct the
sidewalks. The boxes must not constrict the width of the sidewalk.
50. To reduce the impact to the school system, mitigation fees will be paid at the time of
building permit issuance, it the city adopts a general implementing ordinance of the
school impact fees prior to the date that a complete building permit application is
accepted. The proponent can also mitigate the impact to the school system by
negotiating a settlement with the South Kitsap School District.
51. If the Department of Fish and Wildlife require a hydraulic permit application (HPA), the
project shall conform to the requirements of that HPA.
52. If the Department of Natural Resources require a forest practice permit, the project shall
conform to the requirements of that permit.
March 27, 2000
Page 8 of9
53. The steep slope property that is to be attached to Lot# 11 in Phase I shall be identified
as open space and dedicated to the city or controlled by some other method.
54. The proposed property lines for Lots 13, 14, and 15 in Phase I shall terminate at the 200
foot creek setback.
55. The public road known as Goldenrod Stree~ abutting Lots 11, 12, and 13 in Phase II shall
have curbs and sidewalks.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council renewed the real
property lease with the South Kitsap Babe Ruth League, effective May 1, 2000 through April 30, 2005 and
further authorized the Mayor to sign the lease documents.
At 9:55 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 10:05 PM.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council adopted Resolution No. 1889
revising Administrative Policy 100-002 (Categories of Employees) to reclassify the position of Code
Enforcement/Associate Planner from FLSA professional exempt to FLSA non-union; non-exempt category.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council adopted Resolution No.
1890 repealing Resolution No. 1833 and re-establishing certain employee benefits for non-union
represented employees classified as Administrative FLSA Exempt or Professional FLSA Exempt.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council approved the consent
agenda as follows:
a. Minutes of the following Council meetings:
(1) March 13, 2000 regular council meeting.
(2) March 15, 2000 special public meeting on Bay Street Sidewalk improvement Project.
b. Claim warrant numbers 32556-32624 in the amount of $57,393.17.
c. Authorization for City Clerk to sign lease agreements for office equipment that is provided for
in the budget process.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council authorized the closure
of the architectural contract for the new City Hall and accepted the architectural contract as completed.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council approved request by
Sidney Glen Elementary School PTA to include, as an auction item, the opportunity to choose a song to be
played on the City Hall chimes, as part of their annual fundraiser.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized Station No.
31, located on Tremont Street, to be dedicated to Joseph Snow and all former Fire Chiefs and volunteer
firefighters of the City of Port Orchard.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council denied request from Joe
Mentor to purchase a portion of Harrison Avenue right of way, which lies adjacent to his building located at
833 and 833 }'2 Bay Street.
Mayor Weatherill referred to Street Committee for further review, recommendation that pedestrian flags be
placed at specific downtown crosswalks.
March 27, 2000
Page 9 of9
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the Application for
Public Event as submitted by the Kitsap Regional Farmer's Market, starting April 29, 2000 through October
28, 2000 located on the city's waterfront parking lot #4.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the Mayor to sign
contract with RH2 for the expansion of the Joint Wastewater Treatment Plant.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council authorized Dan Case to
remove slats in the chain link fence which surround the property he leases, at the Port Orchard Industrial
Park, with the condition that in the future the slats will be replaced, if the Council deems it necessary, due to
the site becoming unsightly in appearance.
At 10:55 PM Mayor Weatherill adjourned Council into an Executive Session for 5 minutes to discuss
pending litigation.
A< o o '"eM M""a w~"'"" ~rooo ""~''' mro '"""'~ 2:''''""" •• moon,
Lnu_Ju.Q0 ~ ~ --:7
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
t "A" Attachmen
March 27, 2000
su.~ \)\ 0 %>1-\ R E C E f V E D
LEGAL DESCRIPTIONS FOR FLOWER MEADOWS ·MAR 0 8 1999
CITY OF PORT ORCHARD
PUBLIC WORKS
A portion of l;ll1d In the Soutreast Quarter of the Northwest Quarter of Section 2,
Township 23 North, Range 1 East c! the W:llame~e Meridian in Kitsap County,
Washington described as lollows:
s=GINNING at a point so,,th 89'01' w~st 797.69 feet ano:i North 00'37' West 825 feet
lr.:n1 the center o/ sa,d Section ?.: thenc~ North 00'37' Vhst 179.30.Jeet; thence North
8~:·01' East487.20 lee!; the~~e So~\r:cr:y 179.30 reeit to a point that bears North 89'01'
Ea3tlrorn the POINT OF BEGIJ'.:~ING; tr.ence Sour.h 89'0t' West 483.54 feet to the POINT
OF BEGINNING;
EXCEPT the North 15 feel of the West 215 feet thereof conveyed to Jay Graham and
Awdrey Graham by deed recorded under Auditor's File No. 516469;
TOGETHER WITH the following described property:
BEGINNING at a point Swill 89'01' West 797:68 feel and North 0'37' West 675 feet from
thg center of said Section 2; t11ence Sout11 0'37' East 285 feet: thence North 89'01' East
1 CO feet; thence South 0'37' East 15 feet; then.~e Nonh 89'01' East 374.36 feet; thence
N~rtherly 300 feel to a point which bears North 89'01' Easl480.48feet from.the POINT
OF BEGINNING:
EXCEPT the North 75 feet of the West 208 feet thereof;
ALSO TOGETHER WITH th.e following described property:
.;-,.::··· . <.. . . ~~fi:tt~
• .. -BEG.INNING at i"h s·•sciuthi;,~
·In said Section 2; thence .
. Nor\heoslerly d·reclio.n to ··a . . tl1e' ·south. line· of .the SouthwGsl .
. ·' -, Ou<~rter of the ~brtheasl Or;arte~:. \~'.encn runn;r,g lo the ·west line of the Southwest
Oe~artsr of \he fo.:or\heast Quarter; t'rerice West 330 feet; thence South 387 lest; thence·
East 330 feet to the POINT OF BEGINNING; . .
,_
. ·.: __ :--.
':-
•.· ·'. -·'
.. -.:·,·. ·•·:
:: .. ·; ... ~~;~f~:-.: ..
. .::-.. ·:.•,' , .. .,.
.: . ·.:· ..... ,
. . ~-... ,. . . · ..
. ---~ ' ... •.
·.,·
·':.
ALSO TOGETHER WITH the followir.9 described prq::erty: .
Attachment "A"
March 27, 2'000
BEGINNING ai a Po'~ I 30 fee: South c' the Norlheas: :·orner of the Southeasl Ouarw of
the Northwest Ou<.~er of said Se~!~·~·-2; thence We~: 330 feet; the~ce South 258 feet;
the!'!Ce East 330 feet; then:e Nor.r. :<5S fe~t to tile POINT OF BEGINNING;
EXCEPT portions conveyed by A_,di!or's File Nee 7901030099, 8701200158 and
880~21 0026; .
ALSO TOGETHER WITH the lollowic.g described pre; ~rty:
BEGINNING at a point 288 leet Sou:" ol the Northea>t corner ol the Southeast Quarter
of the Northwest Quarter ol said Se~:·on 2; thence West 330 feet; thence South 387 feet;
thence E«slto the west :.c.a ol P'Ope;·ty sc!d to Ralp~ Elernhardt and Juanita Bernhardt,
husband and wife, by d~~d d~·-~d A· .. :.;·.;st 18, 1943 on·:: 'ecorded under Auditor's File No.
380750; thence Nor:r, a·ong the we•:: line of the BE ·nardt property to the Northwest
corner of said tract; the~ce Ea~i · ;o feet; thencr: North to H'e TRUE POINT OF
BEGINNING;
EXCEPT that portion conveyed by A'Jditor's File No. ?29621;
ALSO TOGETHER WITH t11e following described p~c~~rty:
BEGINNING 675 feet Sou\h or· the N:Jrtheast come· of tile Southeast Quarter or the
Northwest Quarter cf sa'd Secuo~ 2: t1w1ce West · 90 lee: to the TRUE POINT OF
BEGINNING; thence cc~:;,.,:;in;; VIes: 40 Je.et; thence~ ~ulh 258 fee'.: :hence East40 reet;
thence North 258 fee: 10 :!~e TAU!: PO: NT OF BEG It, \lNG;
ALSO TOGETHER W!TH the fo<iow··ng described prc::erly:
BEGINNING at a poin: 933 feet South of the N·ortheai: Quarter corner of the Southeast
Quarter of the Norlhwest Ouarler of So•d Section 2; tl·:nce West 330 feet; thence South
29 fee\, more or less, to a Min! on a lir.e 087 fee: North of t~e so(J(h line of said
subdivision; thence East 3-30 feet to the e«s: line of said subdivision; thence Norlh 29 feel,
more or Jess, .to the POINT OF BEGINNING.
AND TOGETHER WITI! the follo)l'ing described pr~perty: : · .·.. . .. .,... ...
. The East 22o.ooieet .of tli.e following; : .
. ...
. ...