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10/12/1998 - Regular - MinutesPort Orchard, Washington October 12, 1998 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, Morrison, Geiger, Powers, Van Zee, and Stansbery. Staff present: City Clerk Parks, Deputy Clerk Merlino, Police Chief Mathews, City Engineer Curies, City Planner Gross, City Attorney Hanson, and Fire District 7 Contract representative, Assistant Chief Snow. 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. No comments were received. Mayor Weatherill referred to letter from Jim James requesting permission to construct two model homes at the Aidan Place Subdivision, prior to issuance of building permits and approval from Annapolis Water District and Sewer District No. 5. Councilman Wyatt stepped down from Council table and refrained from discussion, since he owns property within 300' of the Aldan Place Subdivision. Mr. James advised these homes would not be sold and used only as display models for future building sites. Mr. James stated he is expecting approval from Annapolis Water District and Sewer District No. 5 within 45 days. City Engineer Curles advised if Council approves this request it would be in conflict with Ordinance No. 1646 the Concurrency Ordinance, which specifies prior to issuance of building permits, water and sewer connections must be approved. After much discussion, Mr. James withdrew his request and Council concurred with his withdrawal. Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application modifying Condition 6 of Resolution No. 1812. The property owner is Lee Sebring and the applicant is Western Wireless PCS. The proposal is to replace the required strobe light with a light atop the tower, which does not blink. The tower is located at 851 Mitchell Avenue. LEGAL DESCRIPTION: Attachment "A". City Planner Gross advised Western Wireless is requesting a modification to Resolution No. 1812, Condition 6 which requires a strobe light at the top of the pole for helicopter safety. Since the Federal Aviation Administration does not require a strobe light and a solid red warning light would be less disruptive to the neighbors, the recommendation would be to modify Condition 6 to allow a solid red warning light. Mayor Weatherill called for audience comments concerning the proposed modification to Condition 6 of Resolution No. 1812. 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 Van Zee, Council approved amending Condition 6 of Resolution No. 1812 which granted a Special Use Permit to Western Wireless for property located at 851 Mitchell Avenue. Condition 6: The final monopole design must incorporate a StFebe warning light at the top of the pole for helicopter safety, shielded from adjacent residents. On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the following consent agenda items as follows with 6 ayes. Councilman Wyatt refrained from voting due to items "d" and "e" regarding Rockport Subdivision and Aidan Place Subdivision. Councilman Wyatt did not participate in the public input portion of the Public Hearing at the August 24, 1998 meeting on these two subdivisions. a. Minutes of the September 28, 1998 regular Council meeting, as amended. b. Approval of Claim Warrants Number 29560-29657 in the amount of $312,536.73 and September 1998 Payroll Warrants 130246-130419 in the amount of $203,991.24. October 12, 1998 Page 2 of 2 C. Ordinance No. 1737 amending Ordinance No. 1609 and adopting a revised site plan for the South Kitsap Health Care Campus. d. Ordinance No. 1738 amending Ordinance No. 1635 by allowing revisions at the Rockport Subdivision, in the sidewalk and the cross section of the road pavement requirements. e. Ordinance No. 1739 amending Ordinance No. 1632 by deleting Condition Nos. 24 and 26 and adding new conditions at the Aidan Place Subdivision in the sidewalk and the cross section of the road pavement requirements. f. Resolution No. 1834 declaring 514 Bay Street surplus to the needs of the City and authorizing its sale. On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized Mayor Weatherill to sign Sales Agreement with Dick Vlist of Vlist Motors, Inc. for the Public Works Shop located at 514 Bay Street. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized Mayor Weatherill to sign Change Order No. 1 for the Tracy Avenue Storm and Water project. The change order reflects a project decrease of $3,034.14. City Engineer Curies announced the Water/Sewer Committee of the City Council has scheduled a meeting with Commissioner Garrido to discuss the best way to provide sanitary sewer service to those residents along State Route 166, west of the City. City Engineer Curles advised the City has a lease with Western Wireless, which allowed them to construct a cellular communication tower at the one million -gallon water reservoir site on Lloyd Parkway. The tower was inadvertently constructed in the southeast corner of the property instead of the northeast corner. City Engineer Curies stated the location of the tower does not affect the City's ability to operate and maintain the reservoir and is recommending Exhibit B-1 of the City's Lease Agreement be modified to show the actual location of the Western Wireless tower. On motion by Councilman Stansbery, seconded by Councilman Morrison, Council authorized the modification to Exhibit B-1 of the City's Lease Agreement to show the actual location of the Western Wireless tower located on Lloyd Parkway. Meeting adjourned at 8:28 PM. Michelle Meerlin�o, Deputy City Clerk LESLIE J. WEATHERILL MAYOR Attadr-ra, nt "A" LEGAL DESCRIPTION WESTERN WIRELESS CORPORATION ORCHARD HEIGHTS SEBRING SE-6004-A The property is legally described as follows: That portion of the Southeast Quarter of the Southwest Quarter, Section 25, Township 24 North, Range 1 East, W.Nrl., in Ki.tsap County, Washington, described as follows: Beginning at a point 380 feet north of the southwest corner of said southeast quarter of the southwest quarter; THENCE east 335 feet; THENCE north 120 feet; THENCE west 335 feet; THENCE south 120 feet to the point of beginning; together with that portion of vacated street adjacent on west as would attach by law; EXCEPT therefrom the following described tract: Beginning at a point 380 feet north of the southwest corner of the southeast quarter of the southwest quarter, Section 25, Township 24 North, Range 1 East, W.M., in Mtsap County, Washington; THENCE running easterly approximately 30 feet to that certain road known as described as the Mitchell Unsurveyed County Road; THENCE northeasterly along said county road approximately 125 feet to a point which is 45 feet, more or less, east of Hemlock Avenue; THENCE easterly along said line to Hemlock Avenue, a distance of 45 feet, more or less; THENCE southerly along said Hemlock Avenue, 120 feet to the point of beginning; EXCEPT Mitchell Road. Assessor Parcel No.: 2524 013 008 20 i99" S:I -,Y 'C: F-" , � :. •.:fir