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07/10/1989 - Regular - MinutesPort Orchard, Washington July 10, 1989 Council of the City of Port Orchard, Washington was called to regular session by Mayor Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Smith and Grable. Councilman Powers excused. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Wilson led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded and carried, Council approved the minutes of the June 26, 1989 meeting as circulated. On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved reconsideration of motion as presented at the June 26, 1989 Council meeting, page four, paragraph 11, "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." Councilman Geiger moved to amend the motion as presented at the June 26, 1989 meeting, page four, paragraph 11, to state "Council will accept Notice of Intent, as presented and authorized circulation of Petition for Annexation" (Attachment "D" Blue), seconded by Councilman Clauson. Council- unanimously approved original motion as amended to accept Notice of ,Intent as presented and authorized circulation of Petition for Annexation, (Attachment "D" Blue). Richard Dunlap, Parametrix, representing Brem-Air Disposal, advised Council and Mayor on the availability of a State Curbside Recycling Grant. The City of Bremerton has expressed willingness to act as lead agency on a grant application, for areas within Kitsap County. Mr. Dunlap requested Council endorse application and consider providing a portion of the local financial support. Councilman Geiger moved to endorse the State Curbside Recycling Grant Application and endeavor to contribute up to 10% of the $70,000 needed for the State Grant over a two year period, seconded by Councilman Wilson and carried. Mayor Weatherill opened Public Hearing scheduled for 7:45 PM regarding proposed Poplar Street Water Main Developer's Agreement. City Engineer Curles reviewed the cost sharing for the 4 parcels involved in this proposed Developer's Agreement. Mayor Weatherill called for public input from the audience either for or against the proposed Poplar Street Water Main Developer's Agreement. As no input was received, Mayor Weatherill closed Public Hearing and referred matter to Council for further consideration. July 10, 1989 Page Two Councilman Geiger moved to approve the Poplar Street Water Main Developer's Agreement, seconded by Councilman Grable and carried. Mayor Weatherill opened Public Hearing scheduled for 8:00 PM regarding the proposed Six -Year Transportation Improvement Program. City Engineer Curles reviewed the street repairs/reconstruction as prioritized in the proposed Transportation Improvement Program. Mayor Weatherill called for input in favor of or against the proposed Six -Year Transportation Improvement Program. As no testimony was received from public, Mayor Weatherill closed Public Hearing and referred matter to Council for their consideration. On motion by Councilman Geiger, seconded by Councilman Wilson, Council approved Resolution No. 1513 adopting the Six -Year Transportation Improvement Program for the year 1990-1996 as presented. Irene Asai, Deputy Prosecuting Attorney for Kitsap County, described proposed Child Advocacy Center and requested the City participate in a Child Advocacy Center Agreement. Grant funding is available to implement this project. On motion by Councilman Clauson, seconded by Councilman Wilson, Council unanimously supported the development of a Child Advocacy Center and authorized Mayor Weatherill and Chief Mathews to sign the Child Advocacy Center Agreement. Mayor Weatherill reopened continued Public Hearing scheduled for 8:15 PM to receive testimony on a Zone Reclassification application as 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". Blair O'Conner, representative of David Evans & Assoc., Inc., distributed revised site plans showing a three story structure with 58 units. Ms. O'Conner answered questions from the Council. Mayor Weatherill called for input in favor of the Waterbury Rezone. No response. Mayor Weatherill requested testimony from anyone opposed to the Waterbury Rezone. Larry Lee, 103 Rockwell, representing Rockwell Condominium Owners Association, presented a petition signed by members opposed to a three story structure on the site. Mr. Lee was concerned that a three story structure would obstruct their view and decrease property values. July 10, 1989 Page Three Bob Macht, Bradley Scott, property manager for Rockwell Condominiums, also spoke in opposition to a three story structure on the site. However, the Rockwell Condominium Association was not opposed to the original plan for a two story structure. Bob Dooling, Board Member of the Rockwell Association, also concurred with Mr. Lee and Mr. Macht, voicing concern with a three story structure. Mayor Weatherill solicited further testimony either for or against the Waterbury Rezone. As no additional input was received, Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. On motion by Councilman Geiger, seconded by Councilman Smith, Council authorized Mayor Weatherill to reopen Public Hearing for additional input on the Waterbury Rezone. Councilman Geiger asked Blair O'Conner if a C.A.D. system was available to illustrate how views from the condominiums would be effected by a proposed three story structure. Ms. O'Conner stated Evans and Associates does have a C.A.D. System and will prepare composites as requested. Tom Jeatran, Planning Commission, spoke in favor of the Council continuing the Public Hearing as this will give the Planning Commission a chance to review the proposed changes. As no additional input in favor of or opposed was received, Mayor Weatherill closed Public Hearing portion of the meeting. On motion by Councilman Clauson, seconded by Councilman Wilson, Council moved to continue the Waterbury Rezone Public Hearing until the next regular Council meeting, July 24, 1989 at 8:30 PM for further information on waterfront access, landscape and C.A.D. System illustrations. At 9:05 PM Mayor Weatherill declared a 5 minute recess. Councilman Geiger authorized a twelve month extension of the South Kitsap Western Little League Lease (April 30, 1989 - April 30, 1990), seconded by Councilman Clauson and carried. Councilman Wilson moved to approve Ordinance No. 1464 granting a license to Olympic Cablevision, L.P., for the installation, maintenance and sale of use of television coaxial cable, seconded by Councilman Grable. Councilman Clauson moved to table, for further review by the City Attorney proposed Ordinance No. 1464 granting a license to Olympic Cablevision, L.P for the installation, maintenance and sale of use of television coaxial cable, seconded by Councilman Geiger and carried. July 10, 1989 Page Four On motion by Councilman Clauson, seconded by Councilman Grable, Council approved Ordinance No. 1465, reclassifying certain property located north of SR160, between Plisko Lane and Mitchell Road from Residential Low to Commercial General, Gary Lindsey on behalf of Richard Jacobsen, owner of record. Legal Description - Attachment "B". On motion by Councilman Wilson, seconded by Councilman Geiger, Council adopted Resolution No. 1514 setting August 14, 1989 at 7:45 PM as date and time for a Public Hearing on a Petition to Vacate a portion of an unnamed alley in Block 18 of the Plat of S.M. Stevens' Town Plat of Sidney. Legal Description - Attachment "C". On motion by Councilman Geiger, seconded by Councilman Wilson, Council authorized the Police Chief or his designee to use a city vehicle to transport underprivileged children to the Salvation Army Summer Camp on August 7, 1989 and for pick-up on August 12, 1989. On motion by Councilman Wilson, seconded by Councilman Geiger, Council authorized the City Engineer to approach the property owners in the area of 809 Bay Street to seek an agreement to repair and/or repave the back parking lot. Councilman Wilson moved to remove from Unfinished Business Item No. 2, (review by Street/Alley Committee for rubbish disposal in alleys and vacant lots), seconded by Councilman Geiger and carried. City Clerk requested permission to hire a temporary employee for the Federal 1990 Census Population Count. On motion by Councilman Geiger, seconded by Councilman Grable, Council authorized the City Clerk to hire a temporary employee for the Federal 1990 Census Population Count. Councilman Wilson moved to excuse Councilman Smith from the July 24, '1989 Council meeting, seconded by Councilman Clauson and carried. Councilman Geiger moved to adopt Resolution No. 1515 authorizing application to the Washington State Arts Commission for funding for a downtown ornamental water fountain, seconded by Councilman Clauson and carried. Councilman Geiger moved to contribute $500.00 to the Makah Cultural Research Center for the totem pole dedication ceremony, seconded by Councilman Grable and carried. Councilman Clauson moved to set July 22, 1989 at 1:00 PM as the date and time of the totem pole dedication ceremony, seconded by Councilman Grable and carried. July 10, 1989 Page Five On motion by Councilman Clauson, seconded by Councilman Wilson, Council authorized the City Engineer to secure, from vandalism, the structure at 2206 Bethel which was donated by the Church of the Nazarene for a Fire Department practice burn. Councilman Wilson moved to authorize the issuance of the building permit for 1001 Bay Street to allow construction of stairs on city right-of-way, seconded by Councilman Clauson and carried. Motion passed with 5 ayes. Councilman Smith refrained from voting due to a conflict of interest. On motion by Councilman Wilson, seconded by Councilman Clauson, Council authorized the City Engineer to surplus in the best interest of the City miscellaneous items as shown on Attachment "E". 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. On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 12078-12146 in the total amount of $53,969.76 and June Payroll Warrant No. 110481-110597 in the amount of $112,457.07. Meeting adjourned at 10:11 P.M. r CITY CLERK MAYOR July 10, 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. July 10, 1989 ATTACHMENT "B" CARY 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. July 10, 1989 Attachment "C" LEGAL DESCRIPTION: That portion of an unnamed alley in Block 18 of the Plat of S.M. Stevens' Town Plat of Sidney, as reocreded in Vol. 1 of Page 1 of Plats, Records of Kitsap County, Washington, more particularly described as follows: Beginning at the southeast corner of Block 18, Lot 2 of said plat, being the point of beginning of this description; thence east along the south line common to Lots 2 and 7 of said block 18, 170 feet more or less, to the bottom of an unnamed ravine; thence following the bottom of said ravine south 16 feet more or less, to a point on the north line common to Lots 3 and 6 of said block 8; thence west along said north line, 160 feet more or less to the northwest corner of Lot 3 of said block 18; thence north along the east right ❑f way line of Austin Avenue as depicted on said plat, 16 feet to the point of beginning. July 10, 1999 Attachment "E" -July 1989 TO: City Council FM: City Engineer RE: Surplus Equipment The following items are requested to be declared surplus in order to be auctioned off: 22 automobile tires of assorted sizes. These tires still have legal tread, but are no longer adaquate for public safety needs. If we do not sell them, we have to pay the landfill to take them. 1 Tractor Tire We have one Large tire for the John Deere that is not the same size as the existing two. It is doubtful that we will ever use it and the tire dealer has not been able to sell it for us. Fire wood, 8 to 10 cords. This wood is behind Fire Station #2 and would be sold to the highest bidder. The minimum bid would be $40 a cord. Paint Sprayer This machine has been replaced by the new sprayer purchased a few years ago. Miscelyaneous tools We have various odds and ends that have limited value, but may attract someone in an auction. Stokes has an auction on August 17 and can take the above, less the wood. His commission is 25% of the price. 1