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05/13/1996 - Regular - MinutesPort Orchard, Washington May 13, 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: Clauson, Wyatt, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Deputy Clerk Hager, Police Chief Mathews, City Planner Gross, City Engineer Curl es, Fire Chief Snow, City Clerk Parks and City Attorney McCluskey. 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 response was received. On motion by Councilman Grable, seconded by Councilman Clauson, Council approved the consent agenda as follows with item 3d being removed for further discussion at the May 28, 1996 Council meeting. (Item 3d. Proposed Resolution No. 1736 authorizing the Mayor to sign the new bylaws of the Kitsap Regional Council) a. Minutes of the following Council meeting: (1) April 22, 1996 regular meeting. (2) May 6, 1996 Study Session - Zoning Code Task Force b. Payment vouchers as follows: Claims Warrant No. 24565-24690 in the amount of $241,016.27 and April 1996 Payroll Warrant No. 124388-124577 in the amount of $205,211.72. C. Resolution No. 1735 establishing a new water leak policy and repealing Resolution No. 1469. e. Authorizing variance from POMC 7.12.090 to permit applicant to keep 4 dogs at residence for a period of one year. f. Application for Public Event - South Kitsap Day Camp, submitted by Carol Vaughn, Girl Scouts, Totem Council - August 5-9, 1996. g. Firework Stand Permit Muster Team, Nelson Wagner - Mile Hill Drive & Olney Road (Seafirst Sank Parking Lot) Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition for Annexation as submitted by K. Uddenberg, Inc., et al. This proposed action encompasses 37.02 acres abutting the intersection of Sidney Road and Sedgwick Road lying west of the southerly city limits. LEGAL DESCRIPTION: Attachment "A" City Planner Gross updated Council on the location of property proposed for annexation and reviewed GMA Urban Growth Boundary issues in this area. James Tracy, attorney representing K. Uddenberg, et al., advised 100% of the property owners have signed the Petition to Annex into the City of Port Orchard. Mr. Tracy urged Council to support this proposed Annexation. Leslie Bannigan, property owner adjacent to proposed annexation, spoke in opposition to this petition expressing a concern with anticipated increased levels of noise and traffic and also the proposed development in the area. Lance Skidmore, owner of property near the proposed annexation, spoke against the proposed petition, questioning the logic of this extension of the City boundaries. May 13, 1995 Page 2 of 5 Mr. Skidmore read into record a letter from Tim and Patty Sullivan which objected to commercial use of the property proposed for annexation. Ron Rice, property owner within the proposed annexation area, spoke in favor of the petition, stating this is a logical extension of the city boundaries and urban services. Barbara Lemon, who stated she lives in the vicinity surrounding the area proposed, spoke in opposition to the proposed annexation, stating the City has enough commercial business facilities and would like to see area remain unchanged. Councilman Clauson requested clarification on purpose of this Public Hearing. City Attorney McCluskey stated that this Public Hearing is to receive input for or against a petition for annexation of specific property. This is not a hearing to consider any land use designations. William Palmer, Land Use Consultant, spoke in favor of the proposed annexation, advising traffic and wetland studies have been performed for the area and stated these studies are available for review. Mr. Palmer further requested Council's approval of this annexation. Pamela Nickerson, property owner within the proposed annexation, spoke in favor of the petition. She expressed the opinion that providing urban services in this area would potentially decrease traffic and other environmental impacts being experienced on Bethel Avenue. Mayor called for further public input in favor of or against the City approving the Petition for Annexation as submitted by K. Uddenberg, et al. As no response was received, Mayor Weatherill declared the public input portion of this Hearing closed and referred matter to the City Council for consideration. On motion by Councilman Clauson, seconded by Councilman Van Zee, Council accepted and approved the Petition for Annexation as submitted by K. Uddenberg, et al. This annexation encompasses 37.02 acres abutting the intersection of Sidney Road and Sedgwick Road lying west of the southerly city limits. Mayor Weatherill opened the 7:40 PM Public Hearing regarding a proposed site plan amendment for Olympic Terrace Apartments Phase II. The property is located in the 700 block of Olney Avenue, north of K-Mart and South Sound Cinema. LEGAL DESCRIPTION: Attachment "B" Councilman Wyatt stepped down from Council table, due to a conflict of interest. City Planner Gross gave a brief history of the status of Olympic Terrace Phase II project. William Palmer, Land Use Consultant, discussed the changes to Phase II site plan, addressing reduction in the density of the project and the improved road access. Joe Veich, Orlando Street resident, expressed a concern with damage to his home since construction has started on the project. Orton Krueger, 4438 E. Collins Road, spoke in favor of the project, stating this is a well constructed project. A May 13, 1996 Page 3 of 5 Mayor Weatherill called for further public input either for or against the proposed site plan amendment for Olympic Terrace Apartments Phase II. As no response was received, Mayor Weatheri 11 cl osed the publ i c input portion of the publ i c hearing and referred thi s matter to Council for their consideration. On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the revised site plan for Olympic Terrace Apartments Phase II. Property is located in the 700 block of Olney Avenue, north of K-Mart and South Sound Cinema. Mayor Weatherill called for a 5 minute recess with meeting reconvening at 8:35 PM. Mayor Weatherill opened the 7:45 PM Public Hearing regarding reconsideration of Council action which approved Golden Pond Preliminary Plat Application. This application would allow subdivision of 10 acres into 24 single family residential lots with approximately 2.78 acres of remaining open space. The property is on the west side of Pottery Avenue, 400 feet south of Melcher Street. The contract purchaser is J & H Limited Liability Partnership and their representative is Keene Engineering. LEGAL DESCRIPTION: Attachment "C" Councilwoman Powers and Councilman Clauson stepped down from Council table and refrained from voting, due to their absence from the April 8, 1996 Council meeting. Councilman Morrison requested clarification and explanation for the three different types of road standards proposed for the development. John Keene, Keene Engineering, discussed the reasons for the three levels of road standards within a short distance and how use of the different standards help make this a viable project. Mayor Weatherill called for further public input either for or against approval of the Golden Pond Preliminary Plat Application. As no further public input 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 Wyatt, seconded by Councilman Van Zee, Council adopted Ordinance No. 1652 approving the Preliminary Plat of Golden Pond Subdivision, as submitted by J & H Limited Partnership and their representative Keene Engineering. The property is located on the west side of Pottery Avenue, 400 feet south of Melcher Street and addresses consisting of properties at 1280, 1290 and 1330 Pottery Avenue. Motion passed with 6 ayes and 1 nay. Councilman Morrison voting nay. Councilman Van Zee, Chairman of Growth Management Committee, moved to approve with 4 conditions, a request submitted by William Ruth, seeking permission to install an off site advertising sign for Eaglecrest Subdivision which would direct people to their development. Motion seconded by Councilwoman Powers. Motion failed with 2 ayes and 5 nays. Councilmembers Grable, Geiger, Morrison, Wyatt and Clauson voting nay. At request of Councilman Geiger, Chair of Street/Alley Committee, Mayor set June 3, 1996 7:30 PM as date and time of a Council Study Session to review and discuss the draft sign ordinance. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council declared 25 miscellaneous firearms (Attachment "D") as no longer needed by the City and authorized the Police Chief to enter into an Agreement with ProArms to trade these 25 firearms for ten (10) third generation models of handguns. x May 13, 1996 Page 4 of 5 City Planner Gross addressed Council regarding a request submited by Hutch -Con Construction to place permanent signs advertising their business and two four-plexes in the right of way of Forest Park Street. On motion by Councilman Geiger, seconded by Councilman Van Zee, Council denied request submitted by Hutch -Con Construction as follows: (1) no permanent sign advertising two four-plexes in the right of way of Forest Park Street shall be considered for this site until the new sign ordinance has been approved, the applicant may reapply at that time; (2) The illegal sign must be relocated onto private property where the construction is actually taking place. City Planner Gross presented a request by Arbor Terrace Apartments to locate a permanent advertsing sign on the public right of way along Tremont adjoining Van Zee Park. On motion by Councilwoman powers, seconded by Councilman Van Zee, Council denied Arbor Terrace Apartment request to locate a permanent sign on the public right of way along Tremont Street adjoining Van Zee Park and further declared the applicant should comply with the new sign code once it is passed, the applicant may reapply at that time. On motion by Councilman Van zee, seconded by Councilman Morrison, Council granted temporary approval of installation of two Holiday Inn Express "follow-through" signs in City right-of-way. The two signs are to supplement Department of Transportation informational sign (SR16) and are located as follows (1) on Tremont at Port Orchard Boulevard and (2) Port Orchard Boulevard as it ends at Bay Street. Temporary approval shall include standard conditions of approval and be until such time as a composite sign is constructed and the applicant must participate in the cost of the composite signage. Standard conditions of approval apply. City Planner advised Council of a request from Kitsap County Public Utility District Number 1 (PUD) requesting the City waive the variance fee of $100.00 and the building permit fees for the installation of "Waterwise Garden" signs. The project consists of drought tolerant species at the entrance of the Givens Community Center. On motion by Councilman Van Zee, seconded by Councilman Morrison, Council denied the request by Kitsap County Public Utility District Number 1 (PUD) to waive the variance fee of $100.00 and the building permit fees for the installation of "Waterwise Garden" signs. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the Mayor to sign contract with S. Chamberlain and Associates for the first phase of the Bethel Wye Design. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to advertise plans and specifications for the Port Orchard Boulevard Paving Project. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized a $6,000 expenditure from the Water/Sewer Operating Fund to purchase a shoring shield for Public Works to comply with safety regulations from OSHA and Department of Labor and Industries. This will further decrease the 1996 budgeted transfer to the Water/Sewer Equipment Replacement Fund. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council adopted Resolution No. 1737 approving the Final Plat of Highlands at Ross Creek, Division 1. May 13, 1996 Page 5 of 5 At 10:00 PM Mayor Weatherill convened Council into Executive Session for 30 minutes to discuss a Cooperative Service Agreement. Executive Session was extended an additional 30 minutes. Mayor Weatherill reconvened Council into regular session and immediately adjourned meeting at 11:00 PM. *Reminder: Due to the fourth monday of May being a holiday, the next Council meeting will be held on Tuesday, May 28, 1996 7:30 PM. PATRICIA PARKS, CITY CLERK LESLIE J. WEATHERILL, MAYOR May 13, 1996 Attachment "A" SIDNEY/SEDGWICK ANNEXATION LEGAL DESCRPTION A portion of Sections 10 and 11, both in Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as follows: The south half of the south half 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 southwest 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. X May 13, 1996 LEGAL DESCRIPTION ATTACHMENT "B" The southwest quarter of the southwest quarter, Section 30, Township 24 North, Range 2 East, W.M., City of Port Orchard, County of Kitsap, State of Washington, except the following: EXCEPT the north 30 feet; EXCEPT County Road No. 328; EXCEPT S. R. No. 160; ALSO EXCEPT the following described tract: That portion of the southwest quarter of the southwest quarter of Section 30, Township 24 North, Range 2 East, W.M., described as follows: Commencing at the southwest corner of said Section 30; thence south 88040,39" east, 20 feet to point of intersection of the north margin of S.R. 160 and the east margin of Olney Avenue and the true point of beginning; thence continuing along the north margin of S. R. 160, south 88°40139" east, 67.35 feet; thence south 01°19'21" west, 20 feet; thence south 88°40139" east, 600 feet; thence north 01019.21" east, 30 feet; thence south 88°40'39" east, 30 feet; thence leaving said north margin of S.R. 160 north 01*19121" east, 910 feet; thence north 88*40,39" west, 700.85 feet to point on the east margin of Olney Avenue; thence southerly along said east margin of road on an 820 foot radius curve to the right the center of which bears south 83°34159" west, having a central angle of 8°01'19" along an arc distance of 114.81 feet to point of tangency; thence continuing along said east margin of road south 01°36'17" west, 805.54 feet to the true point of beginning; EXCEPT the south 515 feet of the east half of the southwest quarter of the southwest quarter of said Section lying North of S. R. 160. GOLDEN POND LEGAL DESCRIPTION Parcel I: May 13, 1996 Attachment "c" The North 5 acres of the South 10 acres of the North 25 acres of the Southwest quarter of the Northeast quarter of Section 34, Township 24 North, Range 1 East, W.M.; EXCEPT the South 112 acre; Situate In the City of Port Orchard, County of Kitsap, State of Washington. Parcel II: The South 10 acres of the North 25 acres of the Southeast quarter of the Northeast quarter of Section 34, Township 24 North, Mange 1 East, W.M., in Kitsap County, Washington; EXCEPT the North 4.5 acres thereof; AND EXCEPT Pottery Avenue; Situate in the City of Port Orchard, Kitsap County, Washington. f May 13, 1996 Attachment "D" CASE ## 93-1239 94-614 93-2171 93-2695 94-2955 94-1088 92--2651 94-2577 94-1196 88--1861 87--2404 89-1789 95-1135 WEAPONS TO BE SURPLUSSED TAG Armory Armory Closet 11004 09445 11108 11180 09924 09526 09318 09860 09548 6608 5924 7304 10282 TAL9825 TAK1470 TAL4648 TAL9766 TAL5302 TAL9952 TAL9992 TAK3068 TAL4717 DESCRIPTION a9-we AMT .380 BACK-UP, STNLS OK BERETTA MOD. 96 .40 S&W OK REMINGTON NYLON 66 .22 NICKEL OK STAR PD .45 ACP AUTO PISTOL OK S&W MOD 38, .38 SPCL 2" NICKEL OK N.AMER. ARMS .22 MAG MINI-REVOLV OK S&W MOD 8 .38 SPCL, 4" BLUED OK HI -POINT 9MM AUTO 4" BLUE OK H&R .22 REVOLV. 6" BLUE OK MOSSBERG 500 18" PIST. GRIP 12 GA. OK MARLIN MOD 336,30-30 LEVER RIFLE OK NORINCA SKS 7.62 x 39 RIFLE OK SECURITY INDUSTRIES .357 2" STNLS OK RAVEN .25 AUTO, NICKEL OK AMERICAN ARMS SINGLE SHOT 12 GA. OR S&W MOD. 13 4 " BLUE .357 MAG. OK S&W MOD 645, .45 ACP OK S&W MOD 645, .45 ACP OK S&W MOD 645, .45 ACP OK S&W MOD 645, .45 ACP OK S&W MOD 645, .45 ACP OK S&W MOD 645, .45 ACP OK S&W MOD 645, .45 ACP OK S&W MOD 645, .45 ACP OK S&W MOD 645, .45 ACP OK A