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01/28/1991 - Regular - MinutesPort Orchard, Washington January 28, 1991 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, Smith and Grable. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Fire Chief Snow led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Morrison, Council approved the minutes of the January 14, 1991 meeting as circulated. On motion by Councilman Powers, seconded by Councilman Morrison, Council approved Ordinance No. 1503 amending City of Port Orchard Comprehensive Plan Ordinance No. 895; by amending the Comprehensive Plan Map Designation of Public Property to Industrial as submitted by the City of Port Orchard for property located in the vicinity of 1265 Old Clifton Road (formerly solid waste landfill). Motion passed with 6 ayes. Council Childress refrained from voting due to a conflict of interest. LEGAL DESCRIPTION: Situated in Section 34, Township 24 North, Range I East, W.M. Commencing at the southwest corner of said section; thence north along the west line of said section to the northwest corner of the southwest quarter of the southwest quarter, thence easterly along the north line of the southwest quarter of the southwest quarter 800 feet, which is the true point of beginning; thence southerly along a line parallel to the west line said southwest quarter of the southwest quarter 800 feet; thence easterly along a line parallel to the south line of Section 34 until it intersects with the west margin of Old Clifton Road; thence northeasterly along the west margin of Old Clifton Road until it intersects with the east line of the southwest quarter of said section; thence north along the east line of the southwest quarter of the southwest quarter; thence westerly along the north line of the southeast quarter of the southeast quarter and the southeast quarter of the southwest quarter to the true point of beginning. On motion by Councilman Morrison, seconded by Councilman Grable, Council approved Ordinance No. 1504 amending Port Orchard Zoning Ordinance No. 1469 by reclassifying property located in the vicinity of 1265 Old Clifton Road (formerly solid waste landfill) as submitted by the City of Port Orchard from Public Property to Industrial. Motion passed with 6 ayes. Councilman Childress refrained from voting due to a conflict of interest. LEGAL DESCRIPTION: Situated in Section 34, Township 24 North, Range I East, W.M. Commencing at the southwest corner of said section; thence north along the west line of said section to the northwest corner of the southwest quarter of the southwest quarter, thence easterly along the north line of the southwest quarter of the January 28, 1991 Page Two southwest quarter 800 feet, which is the true point of beginning; thence southerly along a line parallel to the west line said southwest quarter of the southwest quarter 800 feet; thence easterly along a line parallel to the south line of Section 34 until it intersects with the west margin of Old Clifton Road; thence northeasterly along the west margin of Old Clifton Road until it intersects with the east line of the southwest quarter of said section; thence north along the east line of the southwest quarter of the southwest quarter; thence westerly along the north line of the southeast quarter of the southeast quarter and the southeast quarter of the southwest quarter to the true point of beginning. On motion by Councilman Grable, seconded by Councilman Smith, Council approved Ordinance No. 1505 by amending the City of Port Orchard Comprehensive Plan Ordinance No. 895; by amending the Comprehensive Plan Map Designation of Residential High to Commercial General for property located at the intersection of Lawrence and Arnold Streets submitted by the Port of Bremerton. LEGAL DESCRIPTION: Tax Parcel 4027-028-006-0006 (Creek: Lot 6, Block 28, Annapolis, as per Plat recorded in Volume 1 of Plats, pages 64 and 65, records of Kitsap County, Washington and that portion of vacated Arnold Street per Co. 16-589 lying adjacent to Lot 6, Block 28, Plat of Annapolis as recorded in Volume I of Plats, pages 64 and 65, records of Kitsap County, Washington, described as follows: Beginning at the most easterly corner of said Lot 6; thence southeasterly on a line extending the northerly boundary of said Lot 6 a distance of 23 feet; thence southwesterly parallel to the easterly line of Lot 6 a distance of 63 feet; thence northwesterly parallel to the northerly line of Lot 6 a distance of 23 feet; thence northeasterly along said line uf Lot 6 a distance of 63 feet to the true point of beginning. Tax Parcel 4027-027-012-0000 (Parking Lot): Blk 027 Lot 12 W 30 ft. Tax Par:el 4027-027-012-0109 (Parking Lot): Blk 027 Lot 12 D-01 E 20 ft. Blk 027 Lot 13. Excluding that portion lying north of Lawrence Street which is situated in Kitsap County. On motion by Councilman Grable, seconded by Councilman Smith, Council approved Ordinance No. 1506 amending Port Orchard Zoning Ordinance No. 1469 by reclassifying property located at the intersection of Lawrence and Arnold Streets as submitted by the Port of Bremerton from Residential High to Commercial General_. LEGAL DESCRIPTION: Tax Parcel 4027-028-006-0006 (Creek: Lot 6, Block 28, Annapolis, as per Plat recorded in Volume 1 of Plats, pages 64 and 65, records of Kitsap County, Washington and that portion of vacated Arnold Street per Co. 16-589 lying adjacent to Lot 6, Block 28, Plat of Annapolis as recorded in Volume 1 of Plats, pages 64 and 65, records of Kitsap County, Washington, described as follows: Beginning at the most easterly corner of said Lot 6; thence southeasterly on a line extending the northerly January 28, 1991 Page Three boundary of said Lot 6 a distance of 23 feet; thence southwesterly parallel to the easterly line of Lot 6 a distance of 63 feet; thence northwesterly parallel to the northerly line of Lot 6 a distance of 23 feet; thence northeasterly along said line of Lot 6 a distance of 63 feet to the true point of beginning. Tax Parcel 4027-027-012-0000 (Parking Lot): Blk 027 Lot 12 W 30 ft. Tax Parcel 4027-027-012-0109 (Parking Lot): Blk 027 Lot 12 D-01 E 20 ft. Blk 027 Lot 13. Excluding that portion lying north of Lawrence Street which is situated in Kitsap County. On motion by Councilman Powers, seconded by Councilman Grable, Council adopted Resolution No. 1564 setting February 25, 1991 at 7:45 PM as date and time of a Public Hearing on a Petition to Vacate an unnamed alley in Block 2, Sweany's Addition to Sidney. LEGAL DESCRIPTION: The south 150 feet of the 15 foot wide unnamed alley in Block 2, Sweany's Addition to Sidney, according to plat recorded in Volume 1 of Plats, page 55, records of Kitsap County, situate in Kitsap County, Washington, be vacated pursuant to RCW Chapter 35.79. On motion by Councilman Powers, seconded by Councilman Grable, Council set February 25, 1991 at 8:00 PM as date and time for a Petition to Vacate two areas which are a portion of City right-of-way adjacent to the 1400 and 1500 block of Bay Street (Westbay Center). LEGAL DESCRIPTION - AREA ONE: Portion of Government Lot 1, Section 25, Township24 North, Range 1 Fast, W.M., adjacent to southeast side of Wm. J. Cree property City of Port Orchard, Washington. That portion of Government Lot 1, Section 25, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the east quarter section corner of said Section 25; thence north 87*39'10" west 5283.66 feet to the west quarter section corner of said Section 25; thence south 87*39'10" east 1313.81 feet to the east line of said Government Lot 1 at the southwest corner of Government Lot 2 in said Section 25; thence north 1*42'27" east along the line common to Government Lot 1 and Government Lot 2 in said Section 25 a distance of 528.42 feet to the southeast corner of Lot Y, Sidney Tidelands, as shown on the official map of said tidelands on file in the office of the Commissioner of Public Lands at Olympia, Washington, being the intersection of the east line of said Government Lot 1 and the balanced Government Meander Line fronting said Section 25 (said Government Meander Line balanced by compass rule); thence south 52*34'52" west along the southeasterly line of said Lot Y and along said balanced Government Meander Line a distance of 93.06 feet to the TRUE POINT OF BEGINNING; thence continuing south 52*34'52" west along the southeasterly line of said Lot Y and along said balanced Government Meander Line a distance of 149.43 feet; thence south 37*57'50" east 11.62 feet; thence north 51*18'57" east 9.66 feet; thence north 48*15'11" east 35.94 feet; January 28, 1991 Page Four thence north 48*57'01" East 44.40 feet to the beginning of a curve to the left having a radius of 710.48 feet; thence along said curve an arc distance of 35.54 feet through a central angle of 2*51'59"; thence north 46*05'02" east 24.28 feet to the true point of beginning. LEGAL DESCRIPTION - AREA TWO: Portion of Bay Street in the Plat of Annapolis, lying with Government Lot 2, Section 25, Township 24 North, Range I East, W.M. to be vacated to Wm. J. Cree by the City of Port Orchard, Washington. That portion of Bay Street in the Plat of Annapolis per plat recorded in Volume I of Plats, pages 64 and 65, lying within and fronting Government Lot 2, Section 25, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the east quarter section corner of said Section 25; thence north 87*39'10" west 5283.66 feet to the west quarter section corner of said Section 25; thence south 87*39'10" east 1313.81 feet to the east line of said Government Lot 1 at the southwest corner of Government Lot 2 in said Section 25; thence north 1*42'27" east along the line common to Government Lot 1 and Government Lot 2 in said Section 25 a distance to 528.42 feet to the southwest corner of Lot X, Sidney Tidelands, as shown on the official map of said tidelands on file in the office of the Commissioner of Public Lands at Olympia, Washington, being the intersection of the east line of said Government Lot 1 and the balanced Government Meander Line fronting said Section 25 (said Government Meander Line4 balanced by compass rule); thence north 52*34'52" east along the southeasterly line of said Lot X and along said balanced Government Meander Line a distance of 13.92 feet to an angle point in said balanced Government Meander Line; thence north 37*34'08" east along the southeasterly line of said Lot X and along said balanced Government Meander Line a distance of 2.38 feet to the TRUE POINT OF BEGINNING; thence continuing north 37*34'08" east along the southeasterly line of said Lot X and along said balanced Government Meander Line a distance of 49.84 feet to an intersection with the southwesterly extension of the northwesterly right-of-way mar;in of Bay Street as depicted on said Plat of Annapolis; thence north 29*49'40" east along said extension and along said northwesterly right-of-way margin of Bay Street and along the southeasterly lines of said Lot X and Lots 1, 2 and 3, Block 1 of said Sidney Tidelands, a distance of 210.43 feet to the southeast corner of Lot 3, Block 1 of said Sidney Tidelands; thence south 6*39'45" east along the southerly extension of the east line of said Lot 3, Block 1, a distance of 56.27 feet; thence south 30*54'19" west 44.50 feet to the beginning on a curve to the right having a radius of 640.61 feet; thence along said curve an arc distance of 141.98 feet through a central angle of 12*41'55"; thence south 43*36'15" west 18.06 feet to the beginning of a curve to the right having a radius of 15.87 feet; thence along said curve an arc distance of 22.42 feet through a central angle of 80*56'10" to the true point of beginning. January 28, 1991 Page Five On motion by Councilman Geiger, seconded by Councilman Powers, Council adopted Resolution No. 1566, which repeals Resolution No. 1556 and establishes regulations and fees related to parking, stopping or standing in certain areas of the City. (Adds a section designating "Yellow Curbs" as no parking zones.) Levi Velasco, representing a pastor prayer group, requested permission to use the Active Club Building on a regular basis for a prayer group meetings. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the pastor prayer group to meet on a regular basis at the Active Club Building for a prayer group meeting, if scheduling can be arranged. On motion by Councilman Grable, seconded by Councilmen Geiger and Clauson, Council unanimously approved payment of vouchers as follows: Claims Warrant No. 14459-14535 in the amount of $165,693.57. On motion by Councilman Powers, seconded by Councilman Grable, Council removed from table motion to adopt Resolution No. 1567 prohibiting smoking in City owned or operated facilities and vehicles except in designated smoking areas. Councilman Geiger moved to amend motion to prohibit smoking in all City fleet vehicles without authorized designated drivers, seconded by Councilman Smith. Motion passed with 5 ayes and 2 nays, Councilmen Childress and Clauson voting nay. Original motion as amended to approve Resolution No. 1567 prohibiting smoking in all City owned or operated facilities (except in designated smoking areas) and in City fleet vehicles without authorized designated drivers, seconded and carried. Councilman Geiger moved that there will be no designated smoking areas in City owned or operated facilities, seconded by Councilman Morrison and carried with 4 ayes and 3 nays. Councilmen Grable, Smith and Powers voting nay. On motion by Councilman Powers, seconded by Councilman Grable, Council extended Brem-Air Lease for property located on Old Clifton Road on a month to month basis with rent being $75.00 per month, retroactive back to January 1, 1991. Engineer Curles reported Rod 011as, owner of 510 Dekalb building, has requested that the trees in the landscape planter boxes be trimmed. They have grown and are blocking visibility to businesses in this area. January 28, 1991 Page Six On motion by Councilman Powers, seconded by Councilman Grable, Council authorized the City Engineer to hire and supervise the trimming of trees in the landscape planter boxes near 510 DeKalb as requested by Rod 011as. Mr. 011as will be responsible for cost of tree trimming. On motion by Councilman Clauson, seconded by Councilman Smith, Council authorized the City Engineer to proceed with design plans and specification for the new fire station. On motion by Councilman Geiger, seconded by Councilman Powers, Council moved to reconsider motion adopting Resolution No. 1567 prohibiting smoking in City fleet vehicles and all City owned or operated facilities. Motion passed with 5 ayes and 2 nays. Councilmen Childress and Clauson voting nay. Councilman Geiger moved to amend motion adopting Resolution No. 1567 to prohibit smoking in all City owned or operated facilities, except in fire stations, seconded by Councilmen Smith and Powers and carried. Original motion as amended to adopt Resolution No. 1567 to prohibit smoking in City fleet vehicles and all City owned or operated facilities, except in fire stations, seconded and carried. Mayor Weatherill called for a 5 minute recess with meeting to reconvene at 9:10 PM. Mayor Weatherill referred to Water/Sewer Committee Claim for Damages in amount of $$1,080.00 as submitted by Steve Hall for storm watFr drainage overflow. On motion by Councilman Powers, seconded by Councilment Clauson and Smith, Counc..1 authorized the City to join with members of the Kitsap Regional Planning Council to hire a consultant in the amount not to exceed $2,500. On motion by Councilman Clauson, seconded by Councilman Morrison, Council empowered the Mayor to sign Supplemental One authorizing redesignation of monies for guardrail improvements. Meeting adjourned at 9:45 PM. �-- �— CITY CLERK MAYOR