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04/24/1989 - Regular - MinutesPort Orchard, Washington April 24, 1989 Council of the City of Port Orchard, Washington called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger and Grable. Councilman Powers excused and Councilman Smith absent. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Sergeant Loflin, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman 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 April 24, 1989 meeting as circulated. Councilman Grable moved to excuse Councilman Smith from this meeting due to illness, seconded by Councilman Clauson and carried. Jeff Peacock of Washington State Department of Transportation briefed Council on SR160 paving project. SR160 will be paved from the west City limits to the Bethel Avenue intersection. Melody Sapp representing South Kitsap Chamber of Commerce requested Council authorize closure of Prospect Street from Bank Street to Sidney Avenue on May 6, 1989 from 8:00 a.m. to 6:00 p.m. to facilitate Heritage Days. Councilman Clauson moved to approve closure of Prospect Street on May 6, 1989 as requested by the South Kitsap Chamber of Commerce for Heritage Days, seconded by Councilman Wilson and carried. Nancy Hess, President of the local Farmers Market introduced herself and petitioned Council to approve periodic closure of Fredrick Street (Bay Street north to Waterfront parking lot) from April 29-October 28, 1989 to allow Farmers Market activity. On motion by Councilman Clauson, seconded by Councilman Geiger, Council approved periodic closures of Fredrick Avenue (Bay Street north to the waterfront parking lot) from April 29-October 28, 1989 to allow Farmers Market activity. On motion by Councilman Wilson, seconded by Councilman Grable, Council authorized issuance of Firework Stand Permits to the following organizations: Jim Strode South Kitsap Mall (west of A & W) Port Orchard Lions Coast to Coast Parking Lot Light House Building Fund Westbay Shopping Center S.K. Eastern Little League Bethel Ave. (south of Flowers To Go) P.O. Rotary 1039 Bethel (Safeway Parking Lot) At 7:46 P.M. Mayor Weatherill opened Public Hearing to receive testimony and input on Petition for Annexation as submitted by Michael Dick, Richard Jacobsen, et al for property located east of Mitchell Avenue, north of SR160 and west of Retsil Road including adjacent right-of-ways. April 24, 1989 Page Two Mayor Weatherill called for input from those present in favor of or opposed to the proposed annexation. Richard Jacobsen, petitioner, availed himself for questions. Mayor Weatherill called for further input in favor of or against the City approving the Petition for Annexation as submitted by Michael Dick, Richard Jacobsen, et al. As no response was received, the Mayor declared this Public Hearing closed and referred matter to the City Council for consideration. On motion by Councilman Clauson, seconded by Councilman Grable, Council approved the Dick/Jacobsen Petition for Annexation and adopted Ordinance No. 1458 providing for the Annexation of territory into the City of Port Orchard. LEGAL DESCRIPTION: Situated in Kitsap County, Section 25, Township 24 North, Range I East. Beginning at the southwest corner of the NE 1/4, SE 1/4, SW 1/4; thence north 90 feet; thence west 295 feet; thence north 150 feet; thence west to the east margin of Mitchell Avenue; thence southerly along said east margin to the centerline of State Road 160; thence east along said centerline to extended centerline of vacated right of way CJ 14-320; thence south to south margin of State Road 160; thence east along said south margin to the east margin of Karcher Road; thence north to the east margin of Retsil Road, thence north along east margin of Retsil Road to the north boundary of the SW 1/4, SE 1/4, thence west along the north line of the SW 1/4, SE 1/4 to the west boundary of Retsil Road, thence south along west boundary of Retsil Road to the north line of SW 1/4, SW 1/4, SE 1/4 thence west along said north boundary to the point of beginning. Mayor Weatherill presented Claim for Damages as submitted by Jack Cyr, Jr. in the amount of $3,015.29. The Claim alleges damage was caused to his property at 712 Cline by a backup in the sewer line. On motion by Councilman Wilson, seconded by Councilman Clauson, Council referred Jack Cyr's Claim for Damages to the City's insurance carrier for investigation. Scott Mohr, Project Manager for South Kitsap School District #402 introduced Jerry Wilson and Dr. Gower, Superintendent of Schools. Mr. Wilson will be principal of the new Sidney Road elementary school. Mr. Wilson and Dr. Gower up -dated Mayor and Council on school pre -construction progress using maps, design plans and a scale model. They stated availability of City utilities would enhance the District's application for State funding.. Dr. Gower informed Council the current owner of the Sidney Road site has agreed to start the annexation process and the School Board has approved supporting annexation of this property into the City of Port Orchard. However, to obtain 1989 state funding the School District must have their application for construction funds to the State by June 1, 1989. This deadline does not allow time to complete an annexation process. Dr. Gower requested the City waive policy prohibiting connection of property outside of the City limits to City utilities. April 24, 1989 Page Three On motion by Councilman Clauson, seconded by Councilman Grable, Council unanimously approved a waiver of policy allowing South Kitsap School District #402 to connect the proposed new elementary school (Sidney Road site) to City utilities prior to annexation. Mayor Weatherill declared recess for 10 minutes. Meeting reconvened at 8:30 P.M. Steve Davis, RV Associates, presented proposal to replace aluminum panel gate at entrance of City's Old Clifton Road property with a 3" steel pipe gate. Councilman Wilson moved to approve RV Associates replacing an aluminum panel gate at the entrance of the City's Old Clifton Road property with a 3" steel pipe gate, seconded by Councilman Grable and carried. Jean Schoenrock and Jim Starkle, representing Port Orchard Eagles Travel Group presented plans to remodel the Mitchell Avenue trailer dump station (next to Eire Station No. 3) as their annual community service project. Mr. Starkle described plans and requested City waive fees on permits required for this project. On motion by Councilman Clauson, seconded by Councilmen Grable and Wilson, Council approved project proposed by Port Orchard Eagles Travel Group and authorized waiver of fees for permits required to remodel the trailer dump station on Mitchell Avenue. At the request of Councilman Wilson, Mayor Weatherill referred to the Street/ Alley Committee and staff, Kitsap Bank's proposal to rent approximately 30 spaces in Waterfront parking lot #1 on a monthly or annual basis. Councilman Wilson moved to authorize the City Engineer and City Attorney to prepare a bid package to obtain a property manager to administer rental of City owned residence located at 240 Tremont Street, seconded by Councilman Clauson and carried. City Engineer Curles reported on trip to Neah Bay and construction progress on totem pole. On motion by Councilman Wilson, seconded by Councilman Geiger, Council declared the old totem pole as having no value and authorized its return to family of the person who had donated the totem pole. City Engineer Curler reported Nick Vanderstaay, developer of Plat of Stetson, has extended the water main to serve Shamrock Lane. Mr. Vanderstaay has requested consideration of future in lieu of assessment fees. Councilman Geiger moved to agree that the Shamrock Lane water line extension (Stetson subdivision) conforms to definition of "extension of main" and authorize waiver of future fees in lieu of assessment, seconded by Councilman Clauson and carried. April 24, 1989 Page Four On motion by Councilman Geiger, seconded by Councilmen Grable and Clauson, Council authorized a temporary employee position to preform census count for Dick/Jacobsen Annexation. On motion by Councilman Clauson, seconded by Councilman Grable, Council ratified issuance of Carnival License to Playland Shows (South Kitsap Mall) and authorized a 7 day extension of original license. Councilman Clauson presented letter from Bobbi Weatherill seeking to purchase a parcel of City property (tax parcel 35240130402002). This parcel abuts Weatherill's property and is landlocked with no access from any public street and does not have the square footage to be a buildable lot. After much discussion on potential City use of Tax Parcel No. 35240130402002, Councilman Clauson move to declare Tax parcel No. 35240130402002 as surplus and authorized disposal in the best interest of the City. The City Engineer is to establish fair market value price, seconded by Councilman Grable and carried. Vouchers audited and certified by the auditing officer (City Clerk) as required by RCW 42.24.080 and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing and made available to the Council. Councilman Grable moved to approve payment of those vouchers as follows: Claim Warrant No. 11783-11829 in the total amount of $47,759.08, seconded by Councilman Geiger and carried. At 9:40 P.M. Mayor Weatherill adjourned Council into Executive Session for 15 minutes to discuss a legal matter. Mayor Weatherill reconvened Council to regular session at 9:55 P.M. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the City Attorney to settle Mass-Ehlert vs. City of Port Orchard litigation with proviso that settlement be effected after Councilman Wilson has reviewed his records. Meeting adjourned at 9:58 P.M. 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