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06/26/1989 - Regular - MinutesPort Orchard, Washington June 26, 1989 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, Wilson, Geiger, Powers, Smith and Grable. Staff present: City Attorney McCloskey, Police Chief Mathews, 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 Geiger, Council approved the minutes of the June 12, 1989 meeting as circulated. Councilman Clauson moved to approve South Kitsap Western Little League Fireworks Stand Permit application - location 1700 Hwy 160 (east of Kitsap Bank), seconded by Councilman Wilson and carried. Richard Forschner, General Manager Olympic Cablevision, requested a 12 month extension for their Cable TV Franchise Contract. This contract expired on March 10, 1989. An extension would allow Olympic Cablevision and the City time to renegotiate their franchise agreement. Councilman Wilson presented motion authorizing a twelve month extension of Olympic Cablevision Cable TV Franchise contract retroactive to March 10, 1989, seconded by Councilman Grable and carried. Councilman Geiger, Finance Committee Chairman, moved to accept proposal submitted by Jim Ferguson to lease 240 Tremont and authorize Mayor Weatherill to sign a 12 month lease with a 30 day cancellation clause, seconded by Councilman Wilson. Stephen G. Janosik, 7500 Kentridge Place (R16), Port Orchard, presented a hand carved clock to the City. The clock was carved to commemorate Washington State Centennial 1889-1989. Mayor Weatherill and the Council commended Mr. Janosik on his craftsmanship and extended their appreciation for the gift. Mayor Weatherill opened Public Hearing scheduled to receive testimony on a Zone Reclassification application submitted by David Evans & Associates on behalf of John Waterbury. Application is for a rezone from Commercial - General to Commercial -Highway in order to construct a 49 unit motel at 1121 Bay Street. Legal Description - Attachment "A". City Engineer Curles reviewed proposed project and outlined Planning Commission Resolution No. 125-89 which recommends approval of this rezone proposal with specific conditions. Mayor Weatherill called for public input in favor of the rezone from Commercial -General to Commerical -Highway at 1121 Bay Street. June 26, 1989 Page Two Blair O'Conner, representative of David Evans & Assoc., Inc. informed Council the project site plans have been revised to provide landscaping on the east side of proposed structure as recommended by the Planning Commission. These revised plans, which lengthen the building and add a third floor, will be available tomorrow. Engineer Curles and Fire Chief Snow expressed concerns that a three story structure may not meet height restrictions set by city ordinance and shoreline management statutes. Planning Commissioner Tom Jeatran stated it was the Commission's intent that condition for increased landscaping include the area adjacent to Hwy 160 (Bay Street). Larry Johnson, 103 Rockwell, representing the Rockwell Condominium Owners Association stated they are in favor of this development as proposed, however voiced concern if structure is redesigned as a three story unit. Mayor Weatherill called for additional input in favor of Waterbury Rezone. No response. Mayor Weatherill solicited testimony from anyone opposed to proposed Waterbury Rezone. No response. After much discussion concerning, but not limited to, landscaping, ingress/ egress, height limitations and building construction materials, Councilman Wilson moved to continue the Waterbury Rezone Public Hearing until the next regular Council meeting, July 10, 1989 at 8:15 pm. Mayor Weatherill opened Public Hearing scheduled to receive testimony on a Zone Reclassification application submitted by Gary Lindsey for Richard Jacobsen. Application is for a rezone from Residential -Low to Commercial - General to facilitate construction of an auto lube shop and an office building on property located north of Hwy 160, east of Mitchell Ave and south and west of Plisco Lane. City Engineer Curles reviewed proposed project and outlined Planning Commission Resolution No. 127-89 which recommends approval of this rezone proposal with specific conditions. Mayor Weatherill called for public input in favor of the rezone from Residential Low to Commercial -General as submitted by Lindsey/Jacobsen. Richard Jacobsen, proponent, briefly discussed the proposed project and assured Council ingress/egress to Hwy 160 will be right-in/right-out only. Mayor Weatherill called for additional input in favor of Lindsey/Jacobsen Rezone. No response. June 26, 1989 Page Three Mayor Weatherill solicited testimony from anyone opposed to Lindsey/Jacobsen Rezone. As no additional positive or negative input was received, Mayor Weatherill closed public hearing and referred matter to the Council for consideration. On motion by Councilman Clauson, seconded by Councilman Wilson, Council adopted Planning Commission Resolution 127-89 setting forth findings of fact, conclusion and conditions as their own and approved this rezone with the following changes: (1) Delete Planning Commission Resolution 127-89 Condition No. 4 requiring maintenance agreement for stormwater retention system. (2) Require curb be installed at Hwy 160 ingress/egress inhibiting left turns. Legal Description - Attachment "B" Mayor Weatherill introduced Notice of Intent to Petition for Annexation as submitted by James & Edith McKelvy which will be known as Sidney Road Annexation. Legal Description - Attachment "C" Engineer Curles explained this annexation includes all property lying east of Sidney Road from SR16 south to the existing City limits and property abutting Sidney Road on the west from Birch Road south to Glenwood Road. Councilman Clauson announced that he attends a church which is included in the annexation proposal and questioned the City Attorney if this could constitute a conflict of interest. City Attorney asked Mr. Clauson if he could fairly and impartially sit on this matter and act accordingly. Councilman Clauson responded "Yes". City Attorney McCluskey asked if anyone present objected to Councilman Clauson sitting on this annexation proposal. As no objections were heard from those present Councilman Clauson retained his position on this matter. Mayor Weatherill called for input in favor of this proposed annexation. Monte Beam supported the Sidney Road Annexation and requested his property which is situated on the west side of Sidney, north of the proposed boundaries be included in this proposal. City Clerk stated Lon Nickerson has requested his property which lies north of Birch Road be included within the annexation boundaries. Mayor Weatherill called for input from anyone opposed to this annexation proposal. Francisco Borja, 531 Birch Road, voiced objection to annexation stating this action would adversely change the way of life for his family and neighbors. Helen Kirkham, whose property located at 571 SW Birch is adjacent to proposed annexation boundaries spoke against annexation and construction of the school in this area. June 26, 1989 Page Four Al Read, 4299 Sidney, stated he is opposed to the proposed annexation because he (1) likes rural atmosphere, (2) likes well water and, (3) likes septic. P.T. Kirkham, 571 SW Birch questioned (1) will Nazarene Church get water and sewer for free, (2) can the school obtain water and sewer without annexation and (3) can the school be built without access to city water and sewer. Engineer Curles responded to Mr. Kirkham's questions as follows: (1) The Nazarene Church will not get city utilities for free. When any property owner connects to city water or sewer lines, fees must be paid. (2) The City Council has approved the school's connection to city water and sewer. (3) Since the Council has approved the connection, annexation is not a prerequisite to obtaining water or sewer service or to construction of the new school facility. Merton Cooper, 573 SW Berry Lake Road, spoke against any area close to his property being annexed. Lonnie Eastmade, 610 Birch Road, owner of property adjacent to proposed annexation stated opposition to annexation and construction of school. Roy Muehlius, 427 SW Berry Lake Road requested the City provide, in writing, assurance that property owners adjacent to location of water and sewer lines would not be required to hookup to city utilities. City Attorney McCloskey stated the City can provide written assurance that the City would not require connection to utilities, however the City can not guarantee against state or federal mandates. Agnes Schultheis, SW Birch Road stated opposition, would like to keep area as is. Mrs. Schultheis does not want property close to her annexed. D. G. Mainwaring, 721 SW Birch Road, supported opposing statements. Mayor Weatherill called for additional input from those in favor of or opposed to this annexation proposal. As no additional input in favor of or opposed was received, Mayor Weatherill closed public hearing and referred matter to the Council for consideration. On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved acceptance of petition for annexation for proposed area (Attachment "D" blue) and requested the area be expanded to include property on east of Sidney, south to Sedgwick Road, and property lying in the southwest corner of Glenwood and Sidney. (Attachment "D" green) At 9:50 P.M. Mayor Weatherill declared 10 minute recess. Mayor Weatherill opened Public Hearing regarding a proposed IAC Grant Application to fund construction of a pedestrian walkway on Bay Street east of Westbay Shopping Center and a covered observation deck at Mitchell Point. June 26, 1989 Page Five City Engineer Curles reviewed proposed project and IAC funding process. Mayor Weatherill called for public input regarding the proposed IAC Grant Application and project. Lorraine Davidson, owner of 1763 Bay Street and her brother urged Council to reject proposed project, requesting Council consider location of right-of-way, narrow shoulders and private shoreline which could be effected. Ed Rapin, 1772 Bay, voiced concern as to location of right-of-way boundary. On motion by Councilman Clauson, seconded by Councilman Powers, Council unanimously agreed not to submit 1989 IAC Grant Application. 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. 12030-12077 in the total amount of $50,162.31, seconded by Councilman Smith and carried. At the request of Councilman Powers, Councilman Grable moved to excuse Councilman Carolyn Powers from the next City Council meeting (July 10, 1989), seconded by Councilman Smith and carried. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized staff to prepare, for Council consideration, an ordinance revising city sewer rates as formulated by the Water/Sewer Committee. Councilman Geiger reported on Sewer Advisory Committee meeting regarding sewer treatment plant acceptance of leachate from Brem-Air Disposal. Analysis shows leachate would be of minimual impact, and cause no damage to the life of organisms or function of the plant. Councilman Geiger moved to authorize a letter of understanding to be issued to Brem-Air Disposal, supporting acceptance of leachate at sewer treatment plant until formal agreement can be negotiated. At 11:25 pm Mayor Weatherill recessed Council into executive session to discuss two items: (1) personnel matter (15 minutes) and (2) city property (10 minutes). After 25 minutes, Council announced continuance of executive session for an additional one hour. Mayor Weatherill reconvened Council into regular session at 12:45 pm and adjournedhe meeting. City Clerk Mayor June 26, 1989 ATTACHMENT "A" Legal Description for 1121 Bay Street PARCEL I: Lots 5 & 6, Block 1, Wheeler's Second Addition to Sidney, as per plat recorded in Volume 1 of Plats on Page 70, records of Kitsap County, WA; Together With Lots 5 and 6, Block 1, Sidney Tidelands. PARCEL II: That portion of Lot Z, Sidney Tidelands lying Westerly of a line parallel to and 30 feet East of the West line of said Lot Z. PARCEL III: That portion of Government Lot 1, Section 25, Township 24 North, Range 1 East, W.M., described as follows: That portion of the following described land lying northerly of the easterly prolongation of Bay Street; Beginning at a point which is 300 feet east and 6 feet north of the quarter section corner of the West boundary of said Section 25; thence West 30 feet; thence north to meander line; thence easterly along meander line to point north of Point of Beginning; thence south to Point of Beginning. PARCEL IV: That portion of Government Lot 1, lying north of Bay Street in Section 25, Township 24 North, Range 1 East, W.M., described as follows: Commencing at the meander corner between Sections 25 and 26; thence run south 0*27'40" west, a distance of 56.38 feet; thence south 89*32'20" east, a distance of 300.00 feet to the True Point of Beginning; thence north 0*27'40" east, a distance of 189.14 feet to the meander line; thence along the meander line, north 66*35'20" east 16.40 feet; thence leaving said meander line run south 0*27'40" west, a distance of 193.17 feet; thence south 80*36'30" west, a distance of 15.22 feet to the True Point of Beginning. June 26, 1989 ATTACHMENT "B" GARY LINDSEY FOR R. JACOBSEN LEGAL DESCRIPTION That portion of the southwest quarter of the southeast quarter of the southwest quarter, Section 25, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, lying southerly and westerly of Plisko Lane, easterly of Mitchell Road and northerly of State Highway 160; together with that portion of vacated County Road which attaches by operation of law. June 26, 1939 ATTACHMENT "C" Lw_..L CG=�___ iC`i: TriE W= i/2 OF THE S'N i;'= SFIC-710N 2 T 0%VNS:--;iP 23 NC-7% i' . :cANG� EAST, W.M., AND THE EAST 1/2 CF Sc.0 IGN ? TC«,'�i5i-TIP 23 tiCR�"'r R�.NGE 1 EAST , W.M., DESCRIBED AS FOLLOWS. EEGINN'INC AT 7 i- E, SOL-:' i- WES CORNER OF SEC-', ION 2 TOWNS�iIP 23 NORT7F, RANGE, 1 EAST , W.M_ THENCE EAST ALONGTHE SCLT LINE OF SEr'TION 21, TO ITS IN`I'ERSECTION 41r'iT17 THE NORTH, RIGi-:T -OF-`XAY LINE OF ST .-.-1 2 hIGHWAY 16: THENC=, NOR7j-!;WES ALONG Ti:E NCRTH ROW LINE TO THE EAST LINE OF SECT ION 3 TOWNSIHIP 23 NORTH RANGE 1 EAST, W,M_; T HENCZ CON I INUE ALONC' NORT H ROW LINE OF SR 16 TO WHERE 7 INTERSECFS WITH T;7E WESs ROW LINE OF POTTERY AVENT_E T!-.ENCE. SOUTH ALONG THE WEST ROW LINE. OF POTTERY AVENUE TO A POINT WHERE TT BECOMES SIDNEY ROAD; THENCE COtiTIItiUE SCUT 'F'. ALONG THE WEST ROW LINE OF SAID SIONF-7-ROAD TO THE NORTH LINE OF BIRCH ROAD: TIHENCE WEST ALONG THE NORTH LINE OF SIRC:: ROAD TO THE WEST LINE OF TFE EAST 1/2 OF THE SE 1/4, SE 1/4, SECTION 3; THENCE SCLT H ALONG SAID EAST LINE T O THE SOL'T z LINE OF SECT ION ?; THENCE EAST ALONG SAID SOU`I'r LIME. TO THE POINT WINCH INTI ERSECiS WIT :: THE NORT:i MARGIN OF THE LAKEFLORA ROAD RIGF7-OF-WAY; T HENCE EASTWARD ALONG THE NORTH MARGIN OF LAKE FLCRA ROAD TO WHERE 17 1N7c'RSECT S b -M-Z T ::r. WEST �LrIARGIN OF SIDN:rY ROAD; T HENCE SOLI I= AL ONC SAID WEST SAR-IN TO T;:E SOU-., H LIME OF SECTION =; THENCE EAST T C POIN7, OF BECiNNING. ALL ST L a. T ED IN Ki T SAP CCUN-7 Y, S., AT =. OF WASFINCT CN_ (P _.-A O O pO '7O A 'ER LN W r rn CD rn Of.