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01/25/1999 - Regular - MinutesPort Orchard, Washington January 25, 1999 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, 216 Prospect Street. Council members present: Clauson, Wyatt, Geiger, Van Zee, Powers, and Stansbery. Councilman Morrison excused. Staff present: Acting Police Chief Loflin, City Engineer Curies, Deputy Clerk Merlino, City Clerk Parks, City Treasurer Tompkins, City Attorney Hansen, and Fire District No. 7 Contract Representative Assistant Chief Snow. 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. Taiji Miyamoto, Capstone Homes representing Rockport Subdivision, and Chris Sheehan, City Bank Executive Vice President, represented Aidan Place Subdivision, requested permission to delay the installation of the playground equipment, due to the fact that neither development has started construction on any homes and the developers expressed a concern with vandalism to the equipment. The developers asked permission to post a bond which would assure completion of the playground equipment. Councilman Wyatt stepped down from the Council table and refrained from discussion due to a conflict of interest. After discussion Council set February 22, 1999 at 7:35 PM as the date and time for a public hearing to consider an amendment to Ordinance No. 1635 and Ordinance No. 1632 regarding the installation of the playground equipment for the Rockport Subdivision and Aidan Place Subdivision. Russ Hauge, Kitsap County Prosecutor and chair of the Kitsap County Law and Justice Advisory Group, presented a handout depicting an overview of the proposed Kitsap County Jail expansion project. Mr. Hauge stressed the first priority is to reduce the overcrowding situation in the jail. The proposed ballot proposition will be asking voters to fund this project through a sales tax levy, which would be used for construction, operation, and maintenance of the facility. Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition for approval of a Developer's Extension Agreement for the Berry Lake Watermain as requested by Mr. Edlee Quesnell. City Engineer Curies brought Council up-to-date on the history of the request to establish a Developer's Extension Agreement. Mayor Weatherill asked for audience comments either for or against the proposed Developer's Extension Agreement. Merton Cooper, 1248 SW Crossway Ct., spoke in opposition to the proposed Developer's Extension Agreement siting discrepancies of bid and change orders included in the notarized statement as submitted by Edlee H. and Julie Quesnell. Edlee Quesnell, proponent, responded to the discrepancies presented by Mr. Cooper. He also noted this extension is a benefit to all the adjoining neighbors. Gaylord Johnson, 560 SW Berry Lane Road, spoke in opposition to the Developer's Extension Agreement stating the water line would not benefit him because the main was not extended to his property. He stated this issue should have been addressed prior to installation of the water line and requested his name be removed from the list of adjacent property owners. Myrtle Cooper, adjacent property owner, questions the extra costs for fiber optics, as it has been in place for approximately 20 years. January 25, 1999 Page 2 of 3 Steve Lindsey, adjacent property owner, also spoke in opposition to the Developer's Extension Agreement and further advised his property is hooked to the Sidney Avenue water line. Mayor Weatherill asked for further audience comments either for or against the proposed Developer's Extension Agreement for the Berry Lake Water main as requested by Edlee Quesnell. As no further response was 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 Stansbery, seconded by Councilman Wyatt, Council moved to deny request to establish a Developer's Extension Agreement for the Berry Lake Water main as requested by Mr. Edlee Quesnell. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved Ordinance No. 1753 vacating a portion of an unnamed alley lying south of Melcher Street and between Sherman Avenue on the west and Howard Avenue on the east, as submitted by Chuck Childress, petitioner. Public Hearing was held September 14, 1998 and required compensation was received on 1/11/99 On motion by Councilman Van Zee, seconded by Councilwoman Powers, Council approved the following consent agenda items with item 5c removed for further review: a. Minutes of the January 11, 1999 regular Council meeting. b. Claim Warrants number 30135-30205 in the amount of $298,193.57. C. Removed for further discussion. Authorization for Mayor Weatherill to sign Electronic Monitoring Agreement between the City and the Washington Association of Sheriffs and Police Chiefs. After much discussion, Mayor Weatherill requested Acting Chief Loflin to review the Electronic Monitoring Agreement between the City and the Washington Association of Sheriffs and Police Chiefs. On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized the Mayor to sign the Addendum to Real Estate Purchase and Sales Agreement concerning property located at 900 Mitchell Avenue (Red barn property) which changes the title insurance company and escrow closing agent to Pacific Northwest Title Company and extends the closing date to April 30, 1999. On motion by Councilman Van Zee, seconded by Councilman Clauson, Council authorized staff to prepare Ordinances to correct a scrivener's error in regards to date of one year extension of the Preliminary Plat for the following subdivisions: Aidan Place, Rockport and Golden Pond. Mayor Weatherill placed into the Street/Alley Committee for further review, a request by Jay Freeland to construct a parking lot located at the SW corner of Harrison Avenue and Bay Street. On motion by Councilman Clauson, seconded by Councilman Van Zee, Council approved connection of Goodwin Carwash to the City's sanitary sewer system. Subject property is located at the southwest corner of Bethel Avenue and Howard Avenue. (Tax Parcel Nos. 4625-000-005-0200, 4625-000-005-0100; and 4625- 000-006-0000). Since this property is outside the city limits the following conditions are required: 1. The property shall extend the Bethel Avenue force main, at no expense to the City, and the construction shall meet the City standards. January 25, 1999 Page 3 of 3 All City sanitary sewer fees shall be paid at the time of building permit issuance. The building permit will be from Kitsap County. The City fees will have to be paid before the City allows the sewer main to be extended. The property owner will pay the required bimonthly sewer fees, plus a 50% surcharge on the sewer bimonthly fee. The surcharge will be removed if the property annexes into the City. 4. Prior to extending the sewer main, the property owner shall sign a Utility Extension Agreement. The City will then record that agreement at Kitsap County. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council authorized the City Engineer to proceed with surveying the Veteran Home's property located adjacent to the Sewer Treatment Plant. On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized an increase of $9,928. for the new City Hall special inspections as performed by General Testing Laboratories, Inc. Engineer Curles reported on a Call for Proposals to provide septic pumping service to McCormick Woods accounts. A proposal was received from A-1 Sanitation in the amount of $178.00 per tank to pump out 50 tanks annually. On motion by Councilman Stansbery, seconded by Councilman Clauson, Council authorized the City Engineer to contract with A-1 Sanitation for pumping septic tanks at McCormick Woods in the amount of $178.00 per tank to pump out 50 tanks annually. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council declared as surplus ten (10) signal heads from the previous traffic signal at Pottery and Tremont and authorized the City Engineer to dispose of these signal heads in the best interest of the City. At 9:15 PM Mayor Weatherill adjourned Council into Executive Session to discuss pending litigation for 15 minutes and extended the Executive Session for an additional 35 minutes. At 10:05 PM Mayor Weatherill reconvened Council into regular session and adjourned meeting Michelle Merlino, Deputy Clerk LESLIE J. WEATHERILL, MAYOR