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02/25/1991 - Regular - MinutesPort Orchard, Washington February 25, 1991 Council of the City of Port Orchard, Washington called to regular session by Mayor Protem Robert Geiger at 7:30 PM. Councilmembers present: Clauson, Childress, Geiger, Powers, Smith and Grable. Councilman Morrison absent. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Morrison excused page 1, paragraph 7. Mayor Protem Geiger led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Clauson, Council approved the minutes of the February 11, 1991 meeting as circulated. Ann Leyh, 1427 Beach Drive East, voiced concern with parking availability in Port Orchard. Mayor Protem Geiger, referred matter to Street/Alley Committee for review. Bryan Petro, Chairman, Fathoms 0' Fun Festival, introduced the 1991 Board of Directors. Mr. Petro requested 1991 Fathoms 0' Fun Festival Master Permit and permission to use waterfront parking lot on June 29th and 30th and also the closure of Bay Street on June 29th for parade starting at 6:00 PM. On motion by Councilman Powers, seconded by Councilman Clauson, Council authorized the 1991 Fathoms 0' Fun Festival Master Permit, with permission to use waterfront parking lot on June 29th and 30th and the closure of Bay Street on June 29th for parade starting at 6:00 PM. On motion by Councilman Clauson, seconded by Councilman Smith, Council excused Councilman Morrison from Council meeting. Mayor Protem Geiger opened Public Hearing scheduled for 7:45 PM and called for input relevant to a Petition to Vacate a portion of an unnamed alley in Block 2, Sweany's Addition to Sidney, as submitted by Ronald Ross and Kitsap County. 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. Mayor Protem Geiger called for public input either for or against the proposed street vacation as submitted by Ron Ross and Kitsap County. Petitioner Ron Ross, availed himself to answer questions from the Council. February 25, 1991, Page Two City Engineer Curles gave staff report stating the creek which flows through the ravine could be important to future storm water quality, by vacating this property and if the creek is culverted, the City will have lost the chance to aerate the water. Mayor Protem Geiger called for additional public input either for or against the proposed street vacation as submitted by Ron floss and Kitsap County. As no response was received Protem Mayor Geiger closed Public Hearing and referred matter to Council for consideration. On motion by Councilman Clauson, seconded by Councilman Grable, Council denied requested as submitted by Ron Ross and Kitsap County to vacate a portion of an unnamed alley in Block 2, Sweany's Addition to Sidney. Tom McDonald owner of Quality Tires, 560 Bay Street, requested permission to rent or lease 6 parking spaces in City Hall Parking Lot #5 for customer parking. Mayor Protem Geiger referred matter to Street/Alley Committee for review and recommendation at the March 11, 1991 meeting. On motion by Councilman Grable, seconded by Councilman Clauson, Council approved the issuance of 3 temporary parking permits for City Hall Parking Lot #5 to Tom McDonald, Quality Tires for customer parking, until March 11, 1991. Mayor Protem Geiger opened Public Hearing scheduled for 8:00 PM and called for input relevant to 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), as submitted by William J. Cree. LEGAL DESCRIPTION - Attachment "A". Bill Cree, Petitioner, outlined and updated the proposed vacation and responded to questions from the Council. City Engineer Curles advised Council he does not see a major future use for this property. Mayor Protem Geiger called for additional public input either for or against the proposed street vacation as submitted by William J. Cree. As no response was received Mayor Protem Geiger closed Public Hearing and referred matter to Council for consideration. Councilman Powers moved to approve 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), as submitted by William J. Cree, excluding six feet (6') for sidewalks and an area for a utility easement to be determined by the City Engineer, prior to the finalization of the vacation, seconded by Councilman Clauson and carried. February 25, 1991 Page Three Mayor Protem Geiger reopened Public Hearing scheduled for 8:15 PM and called for input relevant to a Petition to Vacate a portion of Guthrie Street lying east of Sherman Avenue as submitted by the Department of Veterans Affairs. LEGAL DESCRIPTION: That portion of the south 30 feet of Guthrie Street as dedicated in the Plat of Sidney Villa Addition to Sidney, recorded in Volume 2 of Plats, Page 46, records of Kitsap County, lying easterly of the west line of Block 9 extended north, westerly of the east line of Block 9 extended north, and adjacent to the north line of Lot 1, Block 9; situate in Kitsap County, Washington. Dick Soderstrom, Transamerica Title Insurance Co., petitioner, requested Council approve petition to vacate a portion of Guthrie Street, and availed himself to answer questions from the Council. Marna Snow, 1319 Sherman, suggested property lines of all parcels on this street be corrected before City approve this vacation. Jerry Arnold, 1265 Sherman Avenue, requested all property lines be redefined starting at Melcher Street. Mayor Protem Geiger called for public input either for or against the proposed street vacation as submitted by the Department of Veterans Affairs. As no response was received Mayor Protem Geiger closed Public Hearing and referred matter to Council for consideration. On motion by Councilman Clauson, seconded by Councilman Smith, Council denied Petition to Vacate a portion of Guthrie Street lying east of Sherman Avenue as submitted by the Department of Veterans Affairs. Tony Garrity and Dan Pebbles, gave an informal report and discussed boundary amendments of the proposed Ross Point Annexation. Mr. Garrity advised Council they will rewrite legal description and provide a copy to the City. Mayor Protem Geiger declared a five minute recess, with meeting to reconvene at 9:46 PM. On motion by Councilman Powers, seconded by Councilman Geiger, Council adopted Resolution No. 1569, which repeals Resolution No. 1555 and establishes regulations and fees related to parking, stopping or standing in certain areas of the City. (Deleting Sections 1(A) Tacoma Street from Kendall Street to Melcher Street, twenty miles per hour, on days when school is in session and when children are present; 1(B) Kendall Street from Sidney Avenue to Tacoma Street, twenty miles per hour, on days when school is in session and when children are present; I(C) Sroufe Street from February 25, 1991 Page Four Sidney Avenue to Tacoma Street, twenty miles per hour, on days when school is in session and when children are present; 1(D) Sidney Avenue from Kendall Street to Sroufe Street, twenty miles per hour, on days school is in session and when children are present.) On motion by Councilman Geiger, Council accepted the 1991 annual Contract for State of Washington contract documents. seconded by Councilman Clauson, amendment to Fire Protection and authorized the Mayor to sign On motion by Councilman Clauson, seconded by Councilman Grable, Council approved the application for a carnival license, as submitted by Playland Shows, for April 24-28, 1991 located at South Kitsap Mall. Mayor Protem Geiger introduced letter from Debra Michak (1803 Bay Street) which voices complaints about City garbage service regulations and South Sound Sanitation. Council requested Mayor Weatherill write a letter to Ms. Michak stating what City policies are concerning garbage service. City Engineer Curles presented RV Associates request to place a sign on City right-of-way on Old Clifton City property. Mayor Protem Geiger referred to Street/Alley Committee for review and recommendation. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized selection of Inca Engineers as the consultants for the Port Orchard By Pass widening project. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the Mayor to sign the Transportation Improvement Board prospectus for the Mitchell Avenue reconstruction. Councilman Powers moved to authorize the City Engineer to contact with Mr. and Mrs. Recknagle, 198 Tremont, regarding potential acquisition of their property to expand future fire station property, seconded by Councilman Grable and carried. In response to a letter from Kitsap County Fire District #7 concerning Mutual Aid Agreement, Councilman Geiger requested the Mayor contact Fire District No. 7 Commissioners and schedule meeting with City Council members to discuss this matter, seconded by Councilman Clauson and carried. Councilman Powers moved to authorize compensation received from vacating street right of way to William Cree (Westbay area approved earlier this meeting) be redistributed from Street Fund to the Designated Unreserved Fund Balance for Parks, seconded by Councilman Grable and carried. February 25, 1991 Page Five On motion by Councilman Geiger, seconded by Councilman Smith, Council authorized payment of Claim for Damage as submitted by Gordon Gosser, 238/240 N. Tracy for sewer back up, in the amount of $51.20. On motion by Councilman Grable, seconded by Councilmen Clauson, Council unanimously approved payment of vouchers as follows: Claims Warrant No. 14640-14685 in the amount of $39,525.15. Meeting adjourned at 11:15 PM. ,-z CITY CLERK �✓,� ! .'GCi? MAYOR PROTEM February 25, 1991 Page Six ATTACHMENT "A" AREA ONE: Portion of Government Lot 1, Section 25, Township 24 North, Range 1 East, 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 I 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*34152" 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; thence north 48*57101" 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 1 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 1 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, February 25, 1991 Page Seven ATTACHMENT "A" 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 margin 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 th.e east line of said Lot 3, Bl.ock 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.