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06/24/1991 - Regular - MinutesPort Orchard, Washington June 24, 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, Morrison, Geiger, Smith and Grable. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, City Treasurer Miller, Police Chief Mathews, City Engineer Curles, City Planner Davis, City Clerk Hower and Fire Chief Snow. Councilwoman Powers excused, Councilman Childress absent. Fire Chief Snow led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the minutes of the June 10, 1991, regular Council meeting as circulated. Dennis Hayden, Hewlitt-Isley, Engineer for Kitsap County, presented preliminary design of the Division Street parking configuration. On motion by Councilman Clauson, seconded by Councilman Smith, Council approved the parking configuation on Division Street subject to request that: all parking stalls be standard size and spaces for handicap parking and bus stops be located near front door of the Court house. Mayor Weatherill referred to letter from Debby Huntington, Recreation Director, South Kitsap Parks, requesting use of city sports and recreation equipment, between August 5-10, 1991. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the South Kitsap Parks and Recreation use of city sports and recreation equipment, between August 5-10, 1991. At 7:45 PM Mayor Weatherill opened Public Meeting regarding proposed Ordinance No. 1516 amending Ordinance No. 1469, Chapter Thirteen - development fee schedule: City Planner Davis reviewed amendments, which bring development fees in line with the cost of processing applications. Doug Eide, 2475 Bethel Road, spoke in favor of the development fee schedule amendments. Mayor Weatherill closed Public Meeting concerning proposed Ordinance No. 1516 amending Ordinance No. 1469, Chapter Thirteen - development fee schedule. On motion by Councilman Morrison, seconded by Councilman Geiger, Council approved Ordinance No. 1516 amending Ordinance No. 1469, chapter thirteen - development fee schedule allowing fees to be set by city resolution. June 24, 1991 Page Two On motion by Councilman Morrison, seconded by Councilman Geiger, Council adopted Resolution No. 1579 establishing new development fees for comprehensive plan amendments, rezone, subdivision, planned unit development, drainage plan review, environment review, shoreline review, technical assistance, site plan review, sign permit, home occupation and street development applications. On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved of Ordinance No. 1517 adopting the 1991 Washington State Energy Code and the 1991 Washington State Ventilation and Indoor Air Quality Code and repealing the 1987 Northwest Energy Code. On motion by Councilman Geiger, seconded by Councilman Clauson, Council adopted Ordinance No. 1518 vacating a portion of Bay Street abutting the 1400 and 1500 block of Bay Street (Westbay Center). LEGAL DESCRIPTION: Attachment "A". On motion by Councilman Geiger, seconded by Councilman Morrison, Council adopted Ordinance No. 1519 vacating a portion of an unnamed alleyway between Mitchell and Bethel Avenues (700 block) as submitted by G. Bud Bukley on behalf of Dr. Browning, et al. LEGAL DESCRIPTION: Situated in Section 25, Township 24 North, Range I East, Kitsap County. That portion of an unnamed alley which abuts Lots 13, 14, 15, 16, 17 and 18 of Block 1 of Tom Cline's Addition to Sidney as recorded in Volume I of Plats, Page 29, in Kitsap County, Washington; together with that portion of the said alley which extends 30 feet southerly to the centerline of vacated Taylor (Central) Street. On motion by Councilman Clauson, seconded by Councilman Smith, Council adopted Resolution No. 1580 approving the issuance of a Special Use Permit (with conditions) to Bill Rill for property located at 1151 Mitchell Avenue to allow construction of a funeral home. LEGAL DESCRIPTION: Section 36, Township 24, Rang 01E, the following described real estate, situated in Kitsap County, State of Washington, together with all after acquired title of the grantor(s) therein: Beginning at a point on the east boundary of the northwest quarter of the northwest quarter of Section 36, Township 24 north, Range 1 east, W.M., in Kitsap County, Washington, which is north 0*04'14" west 205.38 feet from the southeast corner of said northwest quarter of the northwest quarter and running thence north 0*04'14" west 263.52 feet; thence north 89*23' west to the easterly margin of county road; thence south 28*51'30" west along said easterly margin of county road to a point which is north 89*18'57" west of point of beginning; thence south 89*18'57" east 427.27 feet to the point of beginning; also beginning at the southeast corner of the northwest quarter of the northwest quarter of Section 36, Township 24 north, Range 1 east, W.M., thence east 116 feet; thence north 468.9 feet; thence west 116 feet; thence south 468.9 feet to point of beginning; except the south 205.38 feet thereof. June 24, 1991 Page Three Councilman Geiger moved to authorize rental of 2 spaces in City Hall Parking Lot No. 5 to Kitsap Transit, subject to the following conditions: (1) Rental fee is $100.00 per month; (2) usage is limited to 2 buses and the personal vehicles of the drivers. The buses will use the parking lot between the hours of 8 PM and 6 AM, seconded by Councilman Morrison and carried. Motion passed with 4 ayes, Councilman Clauson stepped down from Council table due to conflict of interest. Mayor Weatherill called for a 5 minute recess with meeting to reconvene at 8:35 PM. On motion by Councilman Geiger, seconded by Councilman Smith, Council removed from table, motion authorizing the Mayor to sign document in which the City agrees that in the event Agape Unlimited fails to operate the property at 810 Bay Street as an emergency shelter the City of Port Orchard shall operate a shelter on the property or make arrangements to have a shelter operated on the property until January 1, 1998. (Seafirst Bank has requested this document as additional security for Agape Unlimited loan.) After much discussion, Councilman Smith moved to lay on the table, for further review, motion authorizing the Mayor to sign document in which the City agrees that in the event Agape Unlimited fails to operate the property at 810 Bay Street as an emergency shelter the City of Port Orchard shall operate a shelter on the property or make arrangements to have a shelter operated on the property until January 1, 1998, seconded by Counilman Geiger and carried. On motion by Councilman Geiger, seconded by Councilman Clauson, Council unanimously approved payment of vouchers as follows: Claims Warrant No. 15255-15308 in the amount of $89,375.15. Councilman Clauson thanked all the department heads who helped coordinate the tour of City Hall for the 6th grade class at Sidney Glen Elementary School. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Police Department to accept a cellular phone which has been awarded to them through a "Crime Stopper Unit" grant with air time the only responsibility of the City. On motion by Councilman Grable, seconded by Councilman Smith, Council authorized the City Engineer to proceed with soil testing at the new fire station site on Tremont Street in the amount of approximately $2,000.00. June 24, 1991 Page Four On motion by Councilman Smith, seconded by Councilman Clauson, Council authorized the City Engineer to give tenants, at 240 Tremont Street, 30 day Notice to Vacate premises. This property is site of future fire station. Council directed the City Engineer to enforce parking restrictions after 5 PM. On motion by Councilman Clauson, seconded by Councilman Morrison, Council declared firewood stored at Fire Station 2, as surplus and authorized the City Engineer to dispose of it in the best interest of the City. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to advertise Prospect Alley Catch Basin Project. The scope of project is estimated to be approximately $10,000.00. Meeting adjourned at 10:10 PM. ~s�-- CITY CEER MAYOR July 24, 1991 Page Five ATTACHMENT "A" (Westbay Vacation) LEGAL DESCRIPTION - 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 I 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 ofice of the Commissioner of Public Lands at Olympia, Washington, being the intersection of the East line of said Government Lot I and the4 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 balaced Government Meander Line a distance of 93.06 feet to the TRUE POINT OF BEGINNING; thence continuing South 52*34'52" West along the southeaterly 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*18157" East 9.66 feet; thence North 48*15'I1" East 35.94 feet; 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 distaace of 35.54 feet through a central angle of 2*51159"; thece 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 oorner of Government Lot 2 in said Section 25; thence North 1*42'27" East along the line common to Government Lot I 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 June 24, 1991 Page Six ATTACHMENT "A" - Continued LEGAL DESCRIPTION: (Westbay Vacation) (said Government Meander Line4 balanced by compass rule); thence4 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 Line4 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 Say 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 I 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 o 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, subject to an easement of the south 12 feet of the described area abutting the revised north margin of Bay Street. Said easement is for the construction, use and mainteance of sidewalks, stormdrains and utilities.