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01/10/1994 - Regular - MinutesPort Orchard, Washington January 10, 1994 Council of the City of Port Orchard, Washington, called to regular session at 7:30 PM by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Police Chief Mathews, Deputy Clerk Hager, City Planner Brown, City Engineer Curles, Fire Chief Snow, City Attorney McCluskey and City Clerk Parks. City Planner Brown led the audience and Council in the Pledge of Allegiance. City Clerk Parks administered the Oath of Office to Councilmen -Elect Warren Van Zee, Jack Grable, Don Morrison and Councilwoman -Elect Carolyn Powers. Mayor Weatherill called for nominations for 1994 Mayor Pro-Tem. Councilwoman Powers nominated Councilman John Clauson as 1994 Mayor Pro-tem, seconded by Councilman Grable and carried unanimously. On motion by Councilman Grable, seconded by Councilman Van Zee, Council approved consent agenda items as follows: 3.a. Minutes of December 27, 1993 Council meeting. 3.b. Payment vouchers as follows: Claims Warrant No. 19884-19963 in the amount of $121,746.21 and December 1993 Payroll Warrant No. 118908- 119138 in the amount of $234,985.88. 3.c. Resolution No. 1654 adopting certain amendments to the Shoreline Management Program. 3.d. Assignment of Real Property Lease from Pony Colt League to South Kitsap Babe Ruth Baseball League. Property located south of Kendall Street in the northeast corner of field behind Activity Club Building. Mayor Weatherill reopened continued 7:35 PM Public Hearing regarding request to amend Ordinance No. 1537 by deleting or modifying condition requiring road improvement near the intersection of Sherman Avenue and Melcher Street for the Highlands at Ross Creek Project, Tyee Sinclair, owner of record. (Continued from 10/25/93 City Council Meeting). City Engineer Curles recommended a policy be developed assessing $400.00 per housing unit at the time a building permit is issued. Dan Pebble, President of Tyee Sinclair International, availed himself to answer questions from Council and supported City Engineer's policy recommendation. Howard Minor, 1400 Bay Street, strongly disagreed with the proposed policy stressing opposition to only adjacent property owners paying to improve a street everyone can use. Everyone needs to pay their fair share for road improvements. January 10, 1994 Page 2 of 4 Mayor Weatherill called for additional input either for or against deleting or modifying condition No. 22 requiring road improvements at the intersection of Sherman Avenue and Melcher Street for the Highlands at Ross Creek Project, Tyee Sinclair, owner of record. As no further input was received Mayor Weatherill closed the public input portion of this hearing and referred matter to Council for their consideration. Councilman Morrison moved to direct the City Engineer and City Attorney to draft an Ordinance modifying Condition No. 22 of Ordinance No. 1537 and also prepare a draft resolution requiring future land use actions on portions of Melcher Street, Sherman Avenue and/or Pottery Avenue to include dedication of 15 feet width of property for future road improvements and establish a formula for assessment of $400 per dwelling unit for road improvement costs, seconded by Councilman Grable. Councilman Geiger moved to amend motion requiring a donation of 15' of right-of-way upon approval of rezone and a statement from developer supporting an LID in the future. Motion died for lack of second. Original motion as presented directing the City Engineer and City Attorney to prepare a draft Ordinance to modify Condition No. 22 of Ordinance No. 1537 and also prepare a draft resolution requiring future land use actions on portions of Melcher Street, Sherman Avenue and/or Pottery Avenue to include dedication of 15 feet width of property for future road improvements and establish a formula for assessment of $400 per dwelling unit for road improvements costs, passed with 6 ayes and 1 nay. Councilman Geiger voting nay. Mayor Weatherill opened the 7:45 PM Public Hearing regarding a request by Bremerton Cellular Telephone Company for a Special Use Permit in a Residential High District to allow the construction of a 120 foot tall monopole for four cellular telephone antennas on South Kitsap School District property located at 2220 Pottery Avenue. LEGAL DESCRIPTION: Attachment "A". Councilman Childress advised audience that although he owns property in the vicinity of the proposed project he felt he could be unbiased in considering Bremerton Cellular Special Use Permit Application and asked if anyone from audience had any objection to his hearing testimony. One objection was received from audience. Councilman Childress stepped down from Council table and refrained from hearing testimony and voting. City Planner Brown gave staff report on the proposed Special Use Permit and reported on the Planning. Commission's recommendations for approval. Laurel Van Eaton, representing Bremerton Cellular, clarified questions concerning landscaping of the proposed project and presented pictures {marked as Exhibits A [1-41) depicting the area in question, January 10, 1994 Page 3 of 4 Mayor Weatherill called for additional input either for or against the proposed Special Use Permit Application, as no further response was received, Mayor Weatherill closed the Public Hearing and referred matter to Council for consideration. On motion by Councilman Morrison, seconded by Councilman Grable, Council adopted Planning Commission Resolution No. 205-93 as their own and approved the issuance of a Special Use Permit to Bremerton Cellular Telephone Company allowing the construction of a 120 foot tall monopole for four cellular telephone antennas on South Kitsap School District property located at 2220 Pottery Avenue with the following conditions: 1. The communications facility shall be built according to the submitted plot plan and elevations. This Special Use Permit does not authorize any future additions to the facility which must be reviewed separately. 2. Electrical service shall be underground to conform with the standard set by the neighborhood. 3. A building permit shall be obtained prior to any construction on the site. 4. This Special Use Permit is granted on condition that Variance #1076 is also granted for the site. 5. Prior to the issuance of any building permits, any concerns CenCom may have must be resolved. 6. A lighting plan shall be submitted and approved prior to placement of outdoor illumination and shall be oriented away from neighboring residences. 7. A landscaping plan shall be submitted to City Planner detailing screening from school playground and screening from elevation facing Highway 16. Councilman Childress moved to declare as surplus miscellaneous firearms as listed in Attachment "B" and authorized the Police Chief to dispose of them, in the best interest of the City, seconded by Councilman Morrison. Councilman Clauson moved to amend motion authorizing Police Department to destroy all future firearms, seconded by Councilman Van Zee. Motion failed with 7 nays. Councilman Van Zee moved to amend motion to remove handguns from the list (Attachment "B') and to destroy them, seconded by Councilman Geiger, motion failed with 2 ayes and 5 nays. Councilmen Grable, Powers, Morrison, Childress and Clauson voting nay. January 10, 1994 Page 4 of 4 Original motion declaring as surplus miscellaneous firearms as listed in Attachment "B" and authorized the Police Chief to dispose of them, in the best interest of the City, passed with 6 ayes and 1 nay. Councilman Van Zee voting nay. Mayor Weatheriil placed into Street Committee, for review, request by Kiwanis Club of Port Orchard to place a newspaper collection box on the Spokane Avenue right-of-way, adjacent to Kendall Street. On motion by Councilman Grable, seconded by Councilman Clauson, Council declared as surplus a 1981 Datsun Pickup, VIN #JN6MDD1S7BW017350 and authorized the City Engineer to dispose of in the best interest of the City. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to sign Change Order No. 2 in the amount of�prfor Fire Station Phase 11 Project and concurred in acceptance of the new facility effective December 23, 1993. a3� y1.3 .z Councilman Morrison authorized the City Engineer to contact McCormick Woods representatives and advise them an Annexation Agreement is not a mandatory requirement to t"° negotiate sewer service to this area, seconded by Councilman Grable and carried. Motion passed with 6 ayes and 1 nay. Councilwoman Powers voting nay. Meeting adjourned at 9:35 PM. CITY CLERK ; '.E -f.i :v' + �� ��� MAYOR January 10, 1994 Attachment "A" That Portion of the following tracts, lying Easterly of State Highway No. 14: Parcel A: The NE 1/4 of the NE 1/4 of Section 3, Township 23 N, Range. lE, W.M., in Kitsap county, WA: Except the N 18 Acres: Except that Portion conveyed to the State of WA for primary State Highway No. 14 by deed recorded December 19, 1955, under Auditor's File No. 630830: and Except Roads. Parcel,B: The N 1/2 of the SE 1/4 of the NE 1/4, Section 3, Township 23,N, Range•1E, W.M., in Kitsap County, WA: Except the N 30 feet and the E 50 feet thereof: and Except that Portion conveyed to the State of WA for primary State Highway•No. 14 by deed recorded December 19, 1955, under Auditor's File No. 630835: Together with vacated Portion of Roadways joining above -described property attaching thereto by Operation of Law under Ordinance No. 780 of the City of Port orchard. Together with that Portion of excess right-of-way conveyed by deed under Auditor File Nos: 78033ooII6 and 8204270105: Except that Portion conveyed for State Highway No. 16 under deed No. 7709090008. Both Parcels situate in Kitsap county, WA.