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09/27/1993 - Regular - MinutesPort Orchard, Washington September 27, 1993 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson, Childress, Morrison, Geiger, Powers, and Grable. Staff present: City Attorney Goodwin, City Engineer Curles, City Planner Brown, Deputy Clerk Hager, Police Chief Mathews, and Fire Chief Snow. Councilman Smith excused (page 1, paragraph 8). William Palmer led the.audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously approved consent agenda items as follows: 3a. Minutes of September 13, 1993 Council meeting. 3b. Payment vouchers as follows: Claims Warrant No. 19390-19446 in the amount of $49,615.38. 3c. Ordinance No. 1591 providing for Highway Access Management, Access Permits and Administrative Process pursuant to RCW 47.50. 3d. Resolution No. 1647 denying request submitted by Jerry Clark to revise Condition No. 8 of Windfall Place Subdivision. On motion by Councilwoman Powers, seconded by Councilman Grable, Council excused Councilman Smith from this Council meeting. Mayor Weatherill opened the continued 7:35 PM Public Hearing regarding a request to amend Ordinance No. 1537 by deleting or modifying Condition No. 22 which requires road improvements near the intersection of Sherman Avenue and Melcher Street for the Highlands at Ross Point Project, Tyee Sinclair International, owner of record. City Engineer Curles referred to his memo dated September 27, 1993 regarding the Highlands at Ross Point road improvements and outlined three suggestions as recommended by the City staff. Dan Pebble, President of Tyee Sinclair International, presented a fourth alternative suggestion for the road improvements. Richard A. Brown, realtor, suggested restricting a right hand turn only at the intersection with flashers placed at top of hill. Howard Minor, 1400 Bay Street, suggested City Engineer to further investigate the cost of improving the sight distance problem at the corner of Sherman Avenue and Melcher Street. September 27, 1993 Page 2 of 3 Mayor Weatherill continued Public Hearing to October 25, 1993 at 7:35 PM for further research and study. This Public Hearing is to consider a request to amend Ordinance No. 1537 by deleting or modifying Condition #22 requiring road improvements near the intersection of Sherman Avenue and Melcher Street for the Highlands at Ross Point Project. Mayor Weatherill called for a 5 minute recess, with the meeting to reconvene at 8:25 PM. Mayor Weatherill opened the 7:45 PM Public Hearing regarding an application for zone reclassification from Commercial General to Multiple Family 20 as submitted by Primark Corporation to allow construction of Olympic Terrace Apartments. Mayor Weatherill continued this zone reclassification Public Hearing to October 25, 1993 at 7:45 PM to allow the hearing on the appeal of the planning Commission's recommendation to approve the zone reclassification to allow the construction of Olympic Terrace Apartments. This appeal has been submitted by Mary J. Urback on behalf of the South Kitsap School District No. 402, based upon school impact fees. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council set October 11, 1993 at 7:35 PM as the date and time for the appeal of the Planning Commission's recommendation to approve the zone reclassification to allow construction of the Olympic Terrace Apartments as submitted by Mary J. Urback on behalf of the South Kitsap School District No. 402, based upon school impact fees. Matt Murphy, Chairman, South Kitsap Chamber of Commerce Tourism Committee, presented to the Council the Comprehensive Tourism Report. Mr. Murphy also requested a $2,500.00 contribution for advertisement in the Washington State Lodging and Travel Guide, promoting tourism in the City of Port Orchard. Councilman Clauson moved to approve an expenditure of $1,500 towards the advertisement promoting tourism in Port Orchard in the Washington State Lodging and Travel Guide, subject to the South Kitsap Chamber of Commerce funding the additional $1,000.00, seconded by Councilman Morrison and carried with 5 ayes and 1 nay. Councilman Geiger voting nay. (The article proposed for the Washington State Lodging and Travel Guide is a $30,000 project which includes other cities in Kitsap County. The Cities portion is predicated on securing the completion of the total project.) Councilman Grable moved to approve Resolution No. 1648 approving the Final Plat of Pottery Heights and Pottery Heights Addition No. 1, seconded by Councilman Geiger. Councilman Childress stepped down from Council table and refrained from voting, due to a conflict of interest. Councilwoman Powers moved to table motion approving the Final Plat of Pottery Heights and Pottery Heights Addition No. 1 for review of the dimensions of the playground, seconded by Councilman Geiger. Motion failed with 2 ayes and 3 nays. Councilmen Grable, Morrison and Clauson voting nay. September 27, 1993 Page 3 of 3 Original motion as approved adopting Resolution No. 1648 approving the Final Plat of Pottery Heights and Pottery Heights Addition No. 1, seconded and carried with 5 ayes and 1 nay. Councilwoman Powers voting nay. William Palmer, Planning Consultant, and Richard A. Brown, requested Council to reconsider motion denying a petition to vacate a portion of Lawrence Street and Perry Avenue. (This Public Hearing was held on June 28, 1993 and vacating this property was determined not to be in the best interest of the City.) Mr. Brown proposed to grant the City a utility easement, if the City would allow the vacation and also if the house was ever demolished, the vacated property would be relinquish back to the City. Councilman Clauson, seconded by Councilwoman Powers, moved to continue to October 11, 1993 the request for reconsideration on the motion denying a petition to vacate a portion of Lawrence Street and Perry Avenue, with Richard A. Brown providing City Attorney Goodwin materials, pertaining to RCW rulings, for his review and recommendation at next Council meeting. Motion passed with 4 ayes and 2 nay, Councilmen Geiger and Morrison voting nay. Mayor Weatherill called for a 5 minute recess, with the meeting to reconvene at 10:40 PM. On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the City to accept a Legal Agreement "Right to Call for Immediate Repairs" for the Ridgemont Terrace Convalescent Center, subject to approval by City Attorney. On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the City Engineer proceed with amending the parking resolution designating on both sides of Lippert Drive West as No Parking -Tow Away Zone from Pottery Avenue to Advantage Avenue. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the City Attorney to proceed with a legal suit against Paul Davis for failure to pay water and sewer connection fees at 522 Farragut Avenue. Fire Chief Snow discussed with Council the concept of fire units responding from the closest station and the proposed elimination of the political Fire District No. 7 response boundaries. Council requested Chief Snow further review the impact of this proposal. Meeting adjourned at 11:35 P.M. MAYOR DEPUTY CITY CLERK