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04/27/1992 - Regular - MinutesPort Orchard, Washington April 27, 1992 Council of the City of Port Orchard, Washington called to regular session by Mayor Pro-tempore John Clauson at 7:30 PM. Council members present: Morrison, Geiger, Smith and Crable. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Sergeant Loflin, City Engineer Curies, City Planner Davis, Fire Chief Snow and City Clerk Hower. Councilmembers Powers and Childress absent (excused page 1, paragraph 4). Mayor Pro-tempore Clauson led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Smith, Council approved the minutes of the April 13, 1992 regular meeting as distributed. On motion by Councilman Morrison, seconded by Councilman Smith, Council excused Councilwoman Powers and Councilman Childress from this meeting. Scott Daniels, Kitsap County Health Department, presented a discussion on Boat Waste Control Programs and availed himself to answer questions. At 7:45 PM Mayor Pro-tempore Clauson opened continued Public Hearing regarding proposed revocation of zoning classification on property located in the northwest corner of Sidney/Sweany intersection. Ron Ross owner of record. City Engineer Curies updated Council on the current status of the proposed revocation of the commercial zoning classification on property located in the northwest corner of Sidney/Sweany intersection. Mayor Pro-tempore Clauson called for input either for or against the proposed revocation of zoning classification. As no response was received, Mayor Pro-tempore Clauson closed Public Hearing and referred matter to Council for consideration. On motion by Councilman Morrison, seconded by Councilman Smith, Council continued Public Hearing regarding Ron Ross, owner of record, zoning classification revocation to June 8, 1992 at 8:00 PM for further review. LEGAL DESCRIPTION: Lots 6, 7, & 8, Block 2, Plat of Sweany's Addition to Sidney as recorded in Volume 1 of Plats, page 55. Records of Kitsap County, Washington April 27, 1992 Page Two of Six At 8:00 PM Mayor Pro-tempore Clauson opened Public Hearing regarding Petition for Annexation as presented by Russel'; and Kathleen Allaway. Subject property is located on Lund Street, east of Sidney/Tremont/Lund intersection and west of bypass bridge. City Clerk Hower updated Council on the location and status of the proposed annexation. Mayor Pro-tempore Clauson called for input in favor of or against the City approving the Petition for Annexation as submitted by Russel' and Kathleen Allaway. As no response was received, Mayor Pro-tempore declared this Public Hearing closed and referred matter to the City Council for consideration. On motion by Councilman Smith, seconded by Councilman Grable, Council approved the Petition for Annexation as submitted by Russell and Kathleen Allaway and adopted Ordinance No. 1543 providing for the Annexation of territory into the City of Port Orchard. LEGAL DESCRIPTION: Portion of Section 35, Township 24 North, Range 1 East, W.M., described as follows: That portion cf the West 110 feet of the South 485 feet of the North three quarters of the Northwest quarter of the Southeast quarter which lies southerly of the easterly prolongation of the following described line: Beginning 607.3 feet south of the northeast corner of the northeast quarter of the southwest quarter, Section 35, North 89 50' 58" west to the east line of Sidney Road northeasterly along the easterly line of said road 121 feet to the point of beginning of the line to be described; thence in a southerly direction to a point 591.3 feet south of the northeast corner of said northeast quarter of the southwest quarter and the terminal of said line; except that portion for Port Orchard Bypass per Auditor's File No. 8805030068; 8310250154, re -recorded under Auditor's File No. 8805C30068; situated in Kitsap County, Washington. Carmen Davis, President Farmer's Market, requested permission to utilize parking spaces along boardwalk located in lot #4 of the Marina Parking Lot. Mayor Pro-tempore placed this request into Street/Alley Committee for further review and recommendation.. On motion by Councilman Smith, seconded by Councilman Morrison, Council accepted and authorized the issuance of Firework Stand Permits to the following organizations, contingent upon receiving insurance certificates from all organizations: Port Orchard Lions Club - 1209 Bay Street Rochelle's Fine Fabric - S.K. Mall Jim Strode - Plisko Lane & Mile Hill Drive - S.K. Mall Muster Team - K-Mart Parking Lot Muster Team 7 Alb��tson'$ Pprk�n�gLeQt Ret carman s ar April 27, 1992 Page Three of Six At 8:05 PM Mayor Pro-tempore Clauson opened Public Hearing regarding Petition for Annexation as presented by E.J. and Shirley Bourdeau. Subject property lies west and north of existing city limits abutting Bay Street West and Wilkins Drive. City Clerk Hower updated Council on the location and status of the proposed annexation. Mayor Pro-tempore Clauson called for input in favor of or against the City approving the Petition for Annexation as submitted by E.J. and Shirley Bourdeau. As no response was received, Mayor Pro-tempore declared Public Hearing closed and referred matter to the City Council for consideration. On motion by Councilman, Geiger, seconded by Councilman Grable, Council approved the Petition for annexation as submitted by E.J. and Shirley Bourdeau and adopted Ordinance No. 1544 providing fcr the Annexation of territory into the City of Port Orchard. LEGAL DESCRIPTION: That portion of the west 525 feet of Government Lot 1, Section 26, Township 24 North, Range 1 East, Willammette Meridian lying north of the southerly margin of State Highway No. 14; together with tidelands as conveyed by the State of Washington, situate in front of, adjacent to and abutting thereon; together with Lots 1 through 11, inclusive, block Sidney Tidelands situate in front of, adjacent to or abutting thereon; situate in Kitsap County, Washington. On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved Ordinance No. 1545 repealing Ordinance No. 1470 to rescind a zone classification of Multiple Family for property located at 225 Sidney Avenue. Frank Haberlach, owner of record. LEGAL DESCRIPTION: Section 26, Township 24N, Range 1E, W.M., Sidney 1st Addition, Block 12, Lot 10 On motion by Councilman Grable, seconded by Councilman Morrison, Council approved Ordinance No. 1546 approving Preliminary Plat of Ross Point Project Division, 1, (with 28 conditions) as submitted by Tyee Sinclair Partnership, owners of record. Property located at the northwest intersection of Pottery Avenue and Melcher Street. On motion by Councilman Morrison, seconded by Councilman Smith, Council adopted Resolution No. 1597 honoring former Mayor Paul D. Powers and dedicating the Port Orchard Bypass bridge to his memory. Resolution No. 1597 was read into record by City Clerk Hower. April 27, 1992 Page Four of Six on motion by Councilman Geiger, seconded by Councilman Smith, Council waived R.V. and Associate's, Fee In Lieu of Assessment to access Lloyd Parkway Watermain. R.V. and Associates constructed the road and watermain. At 8:15 PM Mayor Pro-tempore opened Public Hearing regarding application for Zone Reclassification as submitted by Willis & Sandra Wolf. Applicants are seeking a rezone from Residential Low to Commercial Highway to allow operation of an auto repair business at 775 Olney Avenue. City Planner Davis outlined the proposed project including 20 year chronological history, of the subject property, prepared by Kitsap County. Mayor Pro-tempore Clauson called for input in favor of the application for a zone reclassification as submitted by Willis & Sandra Wolf. W. L. Wolf, petitioner, requested approval of this project and assured Council this project will comply with all conditions the Planning Commission has recommended. Wilson Grant, adjacent property owner, also spoke in favor of the proposed project and of Mr. Wolf's capability to comply with all conditions imposed. Mayor Pro-tempore Clauson called for input from those who oppose the application for a zone reclassification as submitted by Willis & Sandra Wolf. John Davis, attorney representing Linda and Rick Wyatt, spoke in opposition to the proposal and submitted a letter from Linda and Rick Wyatt voicing objection to the proposal. Mayor Pro-tempore called for a 5 minute recess with meeting to reconvene at 9:20 PM. Gayle Helseth-Kenison, 3678 SE Horstman Rd, stated this action does not comply with the City's Comprehensive Plan or zoning ordinance and urged Council to deny application. Mayor Pro-tempore Clauson called for additional input either in favor of or against the proposed application for a zone reclassification as submitted by Willis and Sandra Wolf. As no response was received Mayor Pro-tempore Clauson closed Public Hearing and referred matter to Council for consideration. April 27, 1992 Page Five of Six Councilman Smith moved to deny application for a Zone Reclassification from Residential Low to Commercial Highway for the purpose of operating an auto repair business for property located at 775 Olney Avenue, as submitted by Willis and Sandra Wolf, seconded by Councilman Geiger. Councilman Smith withdrew motion to deny application for a Zone Reclassification from Residential Low to Commercial Highway for the purpose of operating an auto repair business for property located at 775 Olney Avenue, as submitted by Willis and Sandra Wolf. Councilman Geiger withdrew second to allow continued discussion. Mayor Pro-tempore reopened Public nearing for additional input from Council and audience, regarding application for Zone Reclassification as submitted by Willis & Sandra Wolf. Several Councilmembers asked questions for clarification of Comprehensive Plan and Zoning definitions. Mayor Pro-tempore closed Public Hearing and referred matter to Council for consideration. On motion by Councilman Smith, seconded by Councilman Geiger, Council denied application for a Zone Reclassification from Residential Low to Commercial Highway for the purpose of operating an auto repair business for property located at 775 Olney Avenue, as submitted by Willis and Sandra Wolf. Proposed use does not meet Commercial Highway criteria. LEGAL DESCRIPTION: Section 25, Township 24, Range 1 East; Parcel C Pt. of NE1/4, SE1/4 all that pt of Folg Desc Tr lying East of Co. Rd. S1/2 of NE1/4 of SE1/4 Daf Bat NE cor of sd S1/2, NE1/4, SE1/4 then alg E In Thof SO *31' 47W, 456.00 Feet to POB th cant SO *31' 47W, 176.59 feet TAP 30 feet N of SE cor of sd S1/2 (more or file). Mayor Pro-tempore Clauson called for a recess. Meeting reconvened at 10:15 PM by Mayor Weatherill. Russ Hauge, attorney for South Sound Sanitation and Pat Allen, Parametrix, spoke concerning proposed rate increases at the landfills and future recycling programs in Port Orchard. Councilman Morrison moved to approve the 1992 Fathoms O' Fun Master Permit, allowing the parade and firework display, however denying the use of the marina parking lot #4 for the carnival and approval pending on the hydroplane races until additional information is received, seconded by Councilman Geiger and carried. April 27, 1992 Page Six of Six On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously approved payment of vouchers as follows: Claims Warrant No. 16779-16841 in the amount of $60,381.72. Mayor Weatherill adjourned meeting into an Executive Session for 10 minutes to discuss contract negotiation. On motion by Councilman Clauson, seconded by Councilman Grable, Council approved the Electronic Monitoring Agreement between the City of Port Orchard and the Washington Association of Sheriffs and Police Chiefs to provide electronic monitoring for qualifying offenders to reduce jail population. On motion by Councilman Smith, seconded by Councilman McrrlsOn, Council authorized signs advertising "Prawns For Sale" be placed in City right of Way, contingent upon signs meeting the criter'a of the City Engineer. On motion by Councilman Smith, seconded by Councilman Grable, Council declared the Well 7 warehouse surplus and authorized the City Engineer to dispose of in the best interest of the City. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the City Engineer purchase a 1987 Chevrolet Blazer (V!N# 1GNCT18R8H8174559) in the amount of $9,500.0C. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the City Engineer to place speed humps in the alleyway in the 1100 block between Spokane Avenue and Sidney Avenue. On motion. by Councilman Clauson, seconded by Councilman Geiger, Council scheduled a public hearing on June 8, 1992 to discuss proposed water/sewer rate increases. Meeting adjourned at 11:30 PM. 6' CITY CLERK MAYOR