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03/25/1996 - Regular - MinutesPort Orchard, Washington March 25, 1996 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers present: Ciauson, Morrison, Wyatt, Geiger, Powers, Van Zee and Grable. Staff present: Police Chief Mathews, Deputy Clerk Hager, City Engineer Curles, Fire Chief Snow, City Clerk Parks and City Attorney McCluskey. 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. On motion by Councilman Grable, seconded by Councilwoman Powers, Council approved the consent agenda as follows: a. Minutes of the following Council meetings: (1) March 11, 1996 regular meeting. (2) March 18, 1996 Study Session regarding City Hall financing (3) March 20, 1996 Study Session regarding Service partnership between the City and Fire District No. 7 b. Approval of Claim Warrants No. 24313-24387 in the amount of $56,523.85. C. Resolution No. 1730 revising Drug and Alcohol Testing Policy and Procedure Manual for employees required to have and maintain a Commercial Drivers License. The resolution supersedes Resolution No. 1718. Mayor Weatherill introduced Notice of Intent to Petition for Annexation as submitted by James Tracy, attorney representing owners of 37.02 acres of property situated in the Sidney/Sedgwick area. The subject six tax parcels are within the boundaries of Kitsap County's Interim Comprehensive Plan Urban Growth Boundaries Map and constitute a portion of the South Sidney Business Park. The assessed valuation of area proposed for annexation is $761,290. LEGAL DESCRIPTION: Attachment "A", MAP: Attachment "B". James Tracy, land use attorney representing property owners, disclosed to those present that he and Councilwoman Powers are board members of the Kitsap Mental Health Agency. No objection to Councilwoman Powers participating in this matter was heard. Mr. Tracy informed Mayor Weatherill and Councilmembers that the Notice of Intent has been signed by property owners representing 100% of the assessed valuation. William Palmer, Land Use Consultant, answered questions from Council concerning the boundaries of the proposed annexation. On motion by Councilman Geiger, seconded by Councilman Morrison, Council moved to address the three questions required to be considered for each proposed annexation. On motion by Councilwoman Powers, seconded by Councilman Grable, Council unanimously accepted the proposed annexation boundaries as outlined in the Notice of Intent as submitted by James Tracy, Counsel for Petitioners. Subject area contains 37.02 acres which is a portion of the area commonly known as the South Sidney Business Park and is situated in the vicinity of the Sidney Road/Sedgwick Road intersection. Assessed valuation - $761,290. March 25, 1996 Page 2 of 3 On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved the simultaneous adoption of a preliminary Comprehensive Plan for the proposed annexation area. Due to time requirements to hold comprehensive plan public hearings, City practice is to bring annexed property into the City at the closest equivalent comprehensive plan designation currently assigned to the subject property. Final determination of comprehensive plan designations shall be made after annexation during the Council's annual review of the Comprehensive Plan. On motion by Councilwoman Powers, seconded by Councilman Grable, Council unanimously approved requiring the assumption of all of existing city indebtedness by property owners within the proposed °Sidney/Sedgwick" annexation. City Attorney McCluskey discussed and presented his legal opinion regarding Residential Curbside Recycling. Based on Assistant City Attorney David A. Weibel's memorandum of March 22, 1996 it was noted ". . . the City is entirely within its authority to regulate curbside collection of residential recyclable materials and yard waste. Note, however, there is a distinction between curbside recycling and commercial recycling. While curbside recycling is excluded from the Act, commercial recycling clearly is not. Thus, should application be made to establish a collection site or buy-back center that is solely intended to serve commercial customers (i.e., such as grocery stores) and not the general public, then the City would have no authority to regulate such commercial buy-back centers as they are deregulated under the Act." Gary Chrey, attorney representing Brem-Air Disposal, concurred with Assistant City Attorney David Weibel's memorandum dated March 22, 1996. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council accepted the new City Hall Council Chambers floor plan as submitted to Council on March 18, 1996. On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the Mayor to sign a Department of Agriculture Grant pre -application for potential funding of City Hall construction. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City Engineer to proceed with preparing the contracts and documents with S. Chamberlain Associates for the design and development of the Bethel Avenue Wye project. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council excused Councilman Clauson from the April 8, 1996 Council meeting. On motion by Councilman Van Zee, seconded by Councilman Clauson, Council placed a moratorium on all subdivisions (preliminary plats) for residential developments until the new zoning ordinance is completed. On motion by Councilman Grable, seconded by Councilman Van Zee, Council authorized the Mayor to sign the Interim Interlocal Agreement for Operation and Maintenance of Sewer Facilities for the McCormick Woods Sanitary Sewer System, contingent upon review and approval by the City Attorney. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to sign Local Agency Agreement with Washington State Department of Transportation for the installation of traffic signals with opti-con at the intersections of Tremont/Canyon Court and Port Orchard Boulevard/Tremont Street and for a guardrail on Horstman Road. March 25, 1996 Page 3 of 3 On motion by Councilwoman Powers, seconded by Councilman Geiger, Council granted temporary approval for Sidney Village request to replace the (now defunct) Backdoor Mali directional signs (one is located on Tremont at Port Orchard Boulevard and the other is on the Port Orchard Boulevard as it ends at Bay Street). Temporary approval shall be until such time as a composite sign is constructed and the applicant must participate in the cost of the composite signage. Mayor Weatherill placed into the Growth Management Committee request by the Order of the Eastern Star to locate two signs on Public right-of-way. Meeting adjourned at 9:03 PM. ,ems�,W PATffICIA PARKS, CITY CLERK LESLIE J. WEATHERILL, MAYOR March 25, 1996 1Y SUR V. FIN G Fax P.O. Box 4212 Bremerton, WA 93312 PROPERTY • SHORT FLATS • SUBDIVISIONS CONSTRUCTION • ENGINEERING FIELD DATA. EXHIBIT � ANNEXATION BQUNDARV A PORTION OF SECTIONS 10 & 11, BOTH IN TOWNSHIP 23 NORTH, RANGE EAST, W.I., KITSA2 COUNTY, WASHINGTON, DESCRIBED A5 FOLLOWS: THE SOUTH HALF OF THE SOUTH Fr,ALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10; TOGETHER WITH THE NORTH 375.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 10; TOGETHER WITH THE SOUTH 10.00 ACRES OF THE SOUTH HALF OF THE SOUTHWRST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11; TOGETHER WITH THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF AFORESAID SECTION 11; EXCEPT FROM ALL ABOVE, ANY PORTIONS THEREOF VYING WITHIN SIDNEY ROAD; AND EXCEPT FROM ALL ABOVE ANY PORTIONS THEREOF LYING WITHIN SEDWICK ROAD; AND EXCEPT ANY PORTIONS THEREOF CONVEYED AND RECORDED UNDER AUDITOR'S FILE NUMBER'S 8801140051, 9011300267, 9011300268, 9110070045, 9110070046, 9110070047, 9106200131, 9107030093, 9201270125, RECORDS OF KITSAP COUNTY, WASHINGTON; .AND EXCEPT THAT PORTION CONDEM-ED BY THE STATE OF WASHINGTON IN SC 68655; AND ALSO SUBJECT TO EASEMENTS RECORDED UNDER A.F.N. 'S 1153643, 911070052 AND CONTAINED IN SC 68655; AND TOGETHER WITH ALL THE WATER RIGHTS IN THAT CERTAIN — SPRING NOW SUPPLYING WATER TO THE NORTH 375.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 10 ; TOGETHER WITH ALL EXISTING WATER LINES AND AN EASEMENT FOR WATER PIPES TO AND FROM SAID SPRING WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF MAINTAINING SAID SPRING AND PIPE LINE. u .. c �o IT .UUP' EXHIBIT . lrlp 1111 .. sou 3 ]" (� r {�� `Ss..7 PAR �" V ,J L Y �L� � AC BP 9.69 C . 1-4.6 RC -© 9.69 A C. BP ANNEXATION,-` BOUNDARY 9.7LJ`AC. CM 1123g1-I.O�- SDI ID 3D1-l-aa�-2gaz '; b.roAAC �o AC o . .9Z .1123rt3l-Z- 025-ZaD ' ,' ! 5eciclw�icl� oau o -'ort '20 525 a c 9.9 A C • I.DA. .2.11 AC. CND o 7. l 6 AC 5.D AC BP o (.D Ac LLJ • �.�AC 7.79 A 4.OAC •o Tr2SAC