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05/08/1989 - Regular - MinutesPort Orchard, Washington May 8, 1989 Council of the City of Port Orchard, Washington was called to regular session by Mayor Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Powers, Smith and Grable. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Sergeant Loflin, City Engineer Curles, Deputy Fire Chief Wernet and City Clerk Hower. Councilman Smith 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 April 24, 1989 meeting as circulated. Mayor Weatherill presented a Certificate of Appreciation of Volunteer Service to Volunteer Firefighter David Libby. On April 15, 1989, Mr. Libby responded to his 2500th emergency fire and/or aid call for the City of Port Orchard. Councilmembers extended appreciation to Volunteer Libby and all of Port Orchard's Volunteer Firefighters for the time, service and dedication they give to their community. Ron Ross, owner of property located at 616 Sidney, requested an additional 18 month extension of the time limit required for development to commence, as set forth by the City Zoning Ordinance. On April 22, 1985, the City Council approved a zone reclassification from Residential High to Commercial General and subsequently on April 16, 1987 and June 13, 1988 authorized 12 month extensions of the time limit for development to start. Councilman Geiger moved to authorize a six (6) month extension on the time limit requiring development to be substantially underway, for property owned by Ron Ross at 616 Sidney, seconded by Councilman Wilson and carried. On motion by Councilman Wilson, seconded by Councilman Grable, Council approved Resolution No. 1508 authorizing cancellation of claim fund warrants in the amount of $32.67 (Warrant No.'s 9853, 9880 and 10041). David Libby, Fathoms 0' Fun Assistant Director, presented application for 1989 Fathoms 0' Fun Master Festival Permit. Councilman Geiger moved to approve issuance of 1989 Fathoms 0' Fun Master Festival Permit to Fathoms 0' Fun Festival, Inc., seconded by Councilmen Wilson and Grable and carried. At this time Mayor Weatherill opened Public Hearing scheduled for 7:45 P.M. This is the second and final of two Public Hearings to review, seek comments and evaluate establishing a Comprehensive Plan Designation of Commercial General for property located north of SR160 between Mitchell Avenue and Retsil Road. Commonly known as the Jacobsen/Dick Annexation. The City Council requires the simultaneous adoption of a Comprehensive Plan Designation as a condition of acceptance of an annexation petition. May 8, 1989 Page Two City Engineer Curles reviewed the current zoning of property located north of SR160 between Mitchell and Retsil Road. Mayor Weatherill called for public input from the audience either for or against the City establishing a Comprehensive Plan Map designation of Commercial General for the Jacobsen/Dick Annexation property. As no response was received, the Mayor declared this Public Hearing closed and referred matter to Council for consideration. On motion by Councilman Clauson, seconded by Councilman Wilson, Council adopted Planning Commission Resolution No. 119-89 with findings and Facts and Conditions, as their own and approved establishing a Comprehensive Plan Map designation of Commercial General for property located north of SR160 between Mitchell and Retsil Road. LEGAL DESCRIPTION: Situated in Kitsap County, Section 25, Township 24 North, Range 1 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 to 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, SW 1/4, SE 1/4; thence west along said 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 the SW 1/4, SW 1/4, SE 1/4 thence west along said north boundary to the point of beginning. Lorraine Davidson, Everett, WA, addressed the Council concerning a house owned by her son (S.R. Davidson) at 1763 Bay Street. A portion of this house is possibly situated on City right-of-way. Mrs. Davidson had been advised this would prevent the sale of the property and requested Council's guidance to rectify this problem. Edgar Rapin, 1772 Bay Street, an adjoining neighbor also expressed concern about his garage being in the City right-of-way. Mayor Weatherill advised Mrs. Davidson and Mr. Rapin a property survey would clarify questions concerning where the right-of-way is located. However, the placement of the structure on this property has been grandfathered in and should not prevent or infringe on a sale. Councilman Clauson moved to authorize the City Engineer to proceed with a survey of the 1700 Block of Bay Street in the vicinity of Mitchell Point, seconded by Councilman Grable. Motion failed with 6 nays and 1 aye. Councilman Clauson voting aye. Mayor Weatherill opened Public Hearing scheduled for 8:00 PM to declare a portion of the DeKalb Waterway a Public Place. City Engineer Curles updated Council on the DeKalb Waterway float extension project. May 8, 1989 Page Three Mayor Weatherill called for public input from the audience either for or against the City's request that DNR declare a portion of the DeKalb Waterway a Public Place. As no input was received, Mayor Weatherili closed Public Hearing and referred matter to Council for further consideration. On motion by Councilman Wilson, seconded by Councilman Grable, Council moved to advise DNR the Public Hearing has been held and the City requests the DNR to declare the remaining portion of the DeKalb Waterway a Public Place. On motion by Councilman Wilson,, seconded by Councilman Geiger, Council adopted Resolution No. 1509 setting dune 12, 1989 at 7:45 PM as date and time of a Public Hearing on a petition for a vacation of a portion of Baltimore Street. LEGAL DESCRIPTION: The southerly 15' of Baltimore Street lying northerly of lot 9, block 5, Annapolis, as per plat recorded in Volume 1 of Plats, pages 64 and 65, records of Kitsap County, situated in Kitsap County, Washington. City Clerk reported on bid opening held April 27, 1989 at 4:30 PM relevant to Call for Bids for a dump truck. Four bids were received with required bid bonds as follows: Truck Center Corporation of Seattle $25,057.00 Pacific Coast Truck Center 29,928.00 Bryant Motors 24,433.00 Sea-Tac Ford Truck 24,765.00 **Engineer's Estimate 30,000.00 On motion by Councilman Wilson, seconded by Councilman Geiger, Council unanimously accepted the bidding as received on April 27, 1989 and awarded the contract to the second lowest bidder Sea-Tac Ford Truck in the amount of $24,765.00. The first lowest bidder (Bryant Motors) did not meet minimum specifications. Councilman Wilson moved to approve Ordinance No. 1459 increasing speed limit on Sedgwick Road from the west City limits to the east City limits, 40 miles per hour at all times, seconded by Councilman Geiger and carried. On motion by Councilman Wilson, seconded by Councilman Geiger, Council approved Ordinance No. 1460 repealing Ordinance No. 1277 and established procedures for issuance of a Fathoms 0' Fun Master Festival Permit. Councilman Powers moved to authorize the Mayor to sign Agape' Unlimited lease agreement at 810 Bay Street contingent upon the approval of the City Attorney and attorney for Agape' Unlimited, 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. May 8, 1989 Page Four On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 11830-11893 in the total amount of $53,041.33 and April payroll in the amount of $103,685.93. On motion by Councilman Clauson, seconded by Councilman Wilson, Council authorized City Staff to prepare a draft resolution concerning solid waste and recycling for the next Council meeting . Councilman Geiger moved to accept the new emergency generator for City Hall project as complete, seconded by Councilman Clauson and carried. Mayor Weatherill requested the Street/Alley Committee review the possibility of moving the taxi cab stand (located in front of the library building) to a different location. Meeting adjourned at 9:15 P.M. f CLERK MAYOR