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07/28/1997 - Regular - MinutesPort Orchard, Washington July 28, 1997 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. Councilmembers present: Clauson, Wyatt, Morrison, Geiger, Powers, Van Zee, and Grable. Staff present: Police Chief Mathews, Deputy Clerk Merlino, City Planner Gross, Fire Chief Snow, City Clerk Parks and City Attorney Hanson. City Planner Gross 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. Mayor Weatherill presented Certificate's of Appreciation to Barbara Lentz, Helen Almay and Kay Anderson, past Board Members of the Port Orchard Library Board, in recognition of their many years of dedicated and loyal service to the citizens of the City of Port Orchard. Mayor Weatherill reopened the continued 7:30 PM Public Hearing regarding Petitions for street vacation as submitted by Chuck Childress for property located on (1) Howard Avenue right of way as shown on the plat of Sidney Villa Addition to Sidney lying between Block 2 and Block 3 of said plat and bounded on the north by Melcher Street and bounded on the south by an easterly extension of the south line of Lot 16, Block 2, except the portion lying within Port Orchard Boulevard; (2) property located on the unnamed alley south of Melcher between Sherman Avenue and Howard Avenue. Councilman Morrison stated he was not present at the July 14, 1997 Council Meeting. However he has participated in the Street/Alley Committee meeting on this matter and has reviewed the minutes and has listened to a portion of the tape from the July 14, 1997 council meeting. Councilman Morrison asked Mr. Childress if he had any objection to his participating in discussion and voting on this matter. Chuck Childress, applicant did not object to Councilman Morrison remaining on Council table. Councilman Van Zee stepped down from Council table, and stated he will not participate in any discussion or vote on this matter, since he had not reviewed the minutes and did not listen to the tape from the July 14, 1997 council meeting. Chuck Childress, 510 Cedar Canyon Place, applicant, requested a revision to his request, by withdrawing his petition to vacate Howard Avenue and instead requested authorization to have a driveway access on Howard Avenue. Mr. Childress further requested a waiver in the 15' street setback along Howard Avenue and allow for a 5' street setback. Mayor Weatherill called for public input either for or against the petition to vacate property located on (1) Howard Avenue right-of-way as shown on the Plat of Sidney Villa Addition to Sidney lying between Block 2, and Block 3 of said Plat and bounded on the north by Melcher Street and bounded on the south by an easterly extension of the south line of Lot 16, Block 2, except the portion lying within Port Orchard Boulevard and (2) an unnamed alley south of Melcher between Sherman Avenue and Howard Avenue. As no response was received, Mayor Weatherill closed the public input portion of the public hearing and referred this matter to Council for consideration. July 28, 1997 Page 2 of 4 On motion by Councilman Clauson, seconded by Councilman Morrison, Council removed from table the Tabled Motion to approve (1) Street Vacation for property located on Howard Avenue right-of-way as shown on the Plat of Sidney Villa Addition to Sidney lying between Block 2, and Block 3 of said Plat and bounded on the north by Melcher Street and bounded on the south by an easterly extension of the south line of Lot 16, Block 2, except the portion lying within Port Orchard Boulevard and an unnamed alley south of Melcher Avenue between Sherman Avenue and Howard Avenue; (2) authorized an exchange of a portion of City right-of-way (the unnamed alley and Howard Avenue) for a sewer easement in lieu of required monetary payment; (3) waive the development standards for Howard Avenue and provide a roadway access to property between Howard and Sherman Avenue. Original motion presented by Councilman Clauson, seconded by Councilman Wyatt, 7/14/97). After discussion regarding the intent of his motion, Councilman Clauson with approval of Councilman Morrison withdrew motion. Councilman Clauson moved to (1) approved the Petition for a Street Vacation for an unnamed alley south of Melcher Avenue between Sherman Avenue and Howard Avenue; (2) authorized an exchange of a portion of City right-of-way (the unnamed alley and Howard Avenue) for a sewer easement in lieu of required monetary payment with the condition the access road will be developed to maintain the easement; (3) to allow Mr. Childress use the public right of way on Howard Avenue with the street setback be waived from 15' to 5; (4) the alleyway road standards be adopted with the requirements and approval from the Fire Department, seconded by Councilman Geiger. Councilman Geiger moved to amend motion to be contingent upon City Engineer's approval of the road configuration to maintain the green screening in the area, seconded by Councilman Clauson. Motion passed with 6 ayes. Councilman Morrison further amended motion to delete the 5' setback variance on Howard Avenue to allow the Planning Commission an opportunity to review this variance, seconded by Councilwoman Powers. Second motion to amend failed with 2 ayes and 4 nays. Councilmembers Morrison and Grable voting aye. Council then called for the question on the original motion as amended to (1) approve the Petition for a Street Vacation for an unnamed alley south of Melcher Avenue between Sherman Avenue and Howard Avenue; (2) authorized an exchange of a portion of City right-of-way (the unnamed alley and Howard Avenue) for a sewer easement in lieu of required monetary payment with the condition the access road will be developed to maintain the easement; (3) to allow Mr. Childress use the public right of way on Howard Avenue with the street setback be waived from 15' to 5; (4) the alleyway road standards be adopted with the requirement and approval from the Fire Department; (5) contingent upon City Engineer's approval of the road configuration to maintain the green screening in the area. Motion unanimously passed with 6 ayes. Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Conditional Use Permit and Substantial Development Permit for Cascade Natural Gas pipeline to cross Blackjack Creek. July 28, 1997 Page 3 of 4 City Planner Gross gave staff report on the application submitted by Cascade Natural Gas to develop a 6-inch diameter high pressure natural gas pipeline which will cross under Blackjack Creek on a parcel located just east of State Route 16 and north of Sedgwick Road (SR 160) within the City limits. Matt English, representing Cascade Natural Gas Co., availed himself to answer questions from Council. Mayor Weatherill called for further audience comments concerning the Substantial Development Permit and Conditional Use Permit as submitted by Cascade Natural Gas Co. As no response was received, Mayor Weatherill closed the public input portion of the meeting and referred this matter to Council for their consideration. On motion by Councilman Morrison, seconded by Councilman Clauson, Council adopted Resolution No. 1781 approving the Substantial Development Permit and Conditional Use Permit for Cascade Natural Gas Co. to allow the develop a 6-inch diameter high pressure natural gas pipeline which will cross under Blackjack Creek on a parcel located just east of State Route 16 and north of Sedgwick Road (SR 160) within the City limits. Mayor Weatherill opened the 7:40 PM Public Hearing regarding the Petition for Annexation as submitted by Cliff Thompson, Fern Perilli and Tyee International, et al. This proposed action encompasses 263.95 acres and includes all properties lying west of the current city limits and north of SR16, except those properties lying west of Kitsap Marina. LEGAL DESCRIPTION: EXHIBIT "X. Dan Pebbles, proponent, requested Council's concurrence and acceptance of the Petition for Annexation for property known as "Ross Point'. Mayor Weatherill called for audience comments either for or against the proposed Petition for Annexation as submitted by Cliff Thompson, Fern Perilli and Tyee International, et al. As no response was received, Mayor Weatherill closed the input portion of the Public Hearing and referred this matter to Council for their consideration. On motion by Councilman Clauson, seconded by Councilman Morrison, Council accepted and approved the Petition for Annexation as submitted by Cliff Thompson, Fern Perilli and Tyee International, et al. This annexation encompasses 263.95 acres and includes all properties lying west of the current city limits and north of SR16, except those properties lying west of Kitsap Marina. City Clerk reported on Call for Bid regarding the South Street Paving Project, noting no bids were received on July 16, 1997. City Clerk read City Engineer's recommendation that this project will be considered later in the year. Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:50 PM. July 28, 1997 Page 4 of 4 Councilwoman Powers, Chair of Ad Hoc Committee for new City Hall, reported on meeting with architect regarding review of bid packages submitted by nine contractors. After much discussion, Councilwoman Power, seconded by Councilman Morrison, presented motion that with the approval and guidance of the City Attorney, staff will contact the nine bidders by letter asking if they would reconsider their bid and submit a revised bid by 5:00 PM on August 11, 1997. Acceptance or rejection of the bids will be determined by the City Council at the August 11, 1997 City Council meeting. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the Consent Agenda items as follows: a. Minutes of the following Council meeting: (1) July 14, 1997 regular meeting, as revised (2) July 9, 1997 Study Session re: Zoning Code Ordinance b. Approval of Claim Warrant Nos. 27153-27235 in the amount of $38,117.19. C. Ordinance No. 1684 adopting Emergency Amendments to the Utilities Element of the Comprehensive Plan. d. Ordinance No. 1685 approving the Formiller rezone for property located on the south side of Poplar Street near the 300 block. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Police Department to use insurance monies received for the totaled police vehicle (Date of Loss: 3/20/97) to purchase a surplused vehicle from the City of Kent in the approximate amount of $5,000. On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized staff to notify South Kitsap School District the City of Port Orchard is rejecting offer to purchase the airplane located at Cedar Heights Junior High School. On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized staff to notify the Knights of Phythias Cemetery located on Bethel Avenue the City is rejecting their officer to purchase the cemetery. Meeting adjourned at 9:30 P.M. e� Michelle Merlino, Deputy Clerk ` LE LIE J. WEATHERILL, MAYOR EXHIBIT "A" LEGAL DESCRIPTION (Proposed Annexation to the City of Port Orchard, Washington) Those portions of Sections 26, 27, 33, 34, and 35, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, being described as follows: Section 26, Township 24 North, Range 1 East, W.M.: That portion of Government Lot 1 (Southwest Quarter Southwest Quarter) of Section 26, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, Described as follows: BEGINNING at the southeast corner of said Government Lot 1; THENCE North, along the East line of said Government Lot 1, to the Southerly right-of-way margin of S.E. Bay Street (formerly SR-160); THENCE Westerly, along said Southerly right-of-way margin, to an intersection with the Southeasterly right-of-way margin of S.W. Wilkins Drive; THENCE Southwesterly, along said Southeasterly right-of-way margin, to an intersection with the Southeasterly line of Lot 9 of the plat of "Port Orchard Bay Water Front Tracts," as recorded in Volume 4 of Plats, at page 75, Records of Kitsap County, Washington, and a point on the Northwesterly right-of-way margin of S.W. Wilkins Place; THENCE Southwesterly, along said Northwesterly right-of-way margin, to the Northeasterly corner of Lot 15 of said plat; THENCE West, along the North line of said Lot 15, to the West line of said plat; THENCe South, parallel with the west line of said Section 26 and along the west line of said plat, to the South line of Government Lot 1 of said Section 26; THENCE East, along the South line of said Section 26, to the POINT OF BEGINNING; EXCEPT Lot 10 of said plat of "Port Orchard Bay Water Front Tracts"; AND that portion of Government Lot 1 (Southwest Quarter Southwest Quarter) of Section 26, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: BEGINNING at the Southeast corner of said Government Lot 1; THENCE West, along the South line of said Section 26, to the Southwest corner of the plat of "Port Orchard Bay Water Front Tracts," as recorded in Volume 4 of Plats, at page 75, Records of Kitsap County, Washington, and the TRUE POINT OF BEGINNING; THENCE North 00`24'06" East, parallel with the West line of said Section 26 and along the West line of said plat, a distance of 485.76 feet; THENCE North 89'45'54" West a distance of 200 feet; THENCE South 00`24'06" West a distance of 486.4 feet, more or less to the South line of Government Lot 1 of said Section 26; THENCE South 89`56'46" East, along the South line of said Section 26, a distance of 200 feet to the TRUE POINT OF BEGINNING. (Also being known as Lot "A" of Kitsap County Short Subdivision No. 3671 R-1, as recorded under Auditor's File No. 9203230016.) Section 27, Township 24 North, Range 1 East, W.M.: All of Section 27, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; EXCEPT Government Lot 1 of said section; TOGETHER with all tidelands fronting thereon. Section 33, Township 24 North, Range 1 East, W.M.: The East 170 feet of Government Lot 6, Section 33, Township 24 North, Range 1 East, W.M.; EXCEPT portion lying southerly of State Highway No. 16; TOGETHER with tide lands of the first class, as conveyed by the State of Washington, situate in front of and adjacent to said property, as shown on the official plat of Sidney Tidelands on file with the Commissioner of Public Lands of Olympia. Section 34, Township 24 North, Range 1 East, W.M.: Those portions of Government Lot 1 (West Half Northwest Quarter), Government Lot 2 (Northeast Quarter Northwest Quarter) and the Southeast quarter of the Northwest quarter of Section 34, township 24 North, Range 1 East, W.M., in Kitsap County, Washington, lying Northerly and Northeasterly of the Northerly right-of-way margin of State Route 16; AND the North half of the Northeast Quarter of Section 34; EXCEPT the South half of the Southeast quarter of the Northeast quarter of the Northeast quarter; TOGETHER with all tidelands fronting on said Government Lots 1 and 2. Section 35, Township 24 North, Range 1 East, W.M.: The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 35, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington.