Loading...
07/24/1989 - Regular - MinutesPort Orchard, Washington July 24, 1989 Council of the City of Port Orchard, Washington called to regular session by Mayor Protem Robert Geiger at 7:30 pm. Councilmembers present: Clauson, Childress, Wilson, Powers, and Grable. Councilman Smith excused. Staff present: City Attorney McCloskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Mayor Protem 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 July 10, 1989 meeting as circulated. Jerry Abbott, representing V.F.W. Post 1#2669, spoke to Council concerning the new commercial sewer rate charges. Mayor Protem Geiger advised Mr. Abbott this matter will be addressed later during consideration of proposed Ordinance No. 1466. Anita Heng, 520 Sweany, voiced concern with the parking around the County Courthouse Buildings. Mrs. Heng asked if Taylor Street was for courthouse employees or public parking? Councilman Wilson advised Mrs. Heng, Taylor Street parking was for public use. Bob Dye, representing Cruz 89, requested permission to hold a Beer Garden during Cruz 89 on August 13, 1989 from 10:00 AM to 4:00 PM behind Peninsula Feed Store. Councilman Wilson moved to grant permission for Cruz 89 to host a Beer Garden behind Peninsula Feed Store on August 13, 1989 from 10:00 AM to 4:00 PM, contingent upon City Attorney's verification of proper insurance coverage and security measures, seconded by Councilman Clauson and carried. Motion carried with 5 ayes and I nay. Councilman Powers voting nay. Mayor Protem Geiger opened Public Hearing scheduled to receive testimony on a Zone Reclassification application submitted by Kitsap County. This rezone has been requested to bring the area into conformance with the City's Zoning Ordinance. Subject properties are located at 611, 613, 614, 617, 619 Division; 704, 712, 716 Sidney; 651 and 707 Taylor. All properties are within one (1) block of and including the Kitsap County Courthouse. LEGAL DESCRIPTION: Section 26, Township 24 N, Range 1 E., W.M., Sidney S.M. Stevens' Addition, Block 5, Lot 2, 3, 6, 7 & 10 and Sweany's Addition to Sidney Lots I to 12 Block 1; also Lots 1 to 5, Block 2; also Lots 1 to 5 & the N 10 ft Lot 9 and all Lot 10 Block 3; also Lots 2 to 9 Block 4, including all vacated roads; also Lot 1 & Lots 10 to 12 Block 4; also Lot 7, 8 and the south 40 feet of Lot 9, Block 3; Kitsap County, Washington. City Engineer Curles updated Council on the proposed zoning change for the County Buildings from Commercial General and Residential -Low to Public Properties. The Planning Commission recommends approval of this rezone change with no specific conditions. July 24, 1989 Page Two Mike Peel, 416 Cline, voiced concern about a possible vacation of Division Street. City Engineer Curles assured Mr. Peel, Division Street will remain a public street. Mayor Protem Geiger called for public input in opposition to the rezone, from Commercial General and Residential -Low to Public Properties, for properties within one (1) block of and including the Kitsap County Courthouse. Mayor Protem Geiger summarized letter received from Elizabeth Jackson, 614 Dwight, expressing concern and opposition on the rezone change. Mayor Protem Geiger called for additional input from those in favor of or opposed to this rezone change. As no additional input was received, Mayor Protem Geiger closed public hearing and referred matter to the Council for consideration. Councilman Clauson moved to continue the Public Hearing until the next regular Council Meeting August 14, 1989 at 8:00 PM, seconded by Councilman Wilson and carried. Mayor Protem Geiger opened Public Hearing scheduled for 8:00 PM regarding a request for a Zone Reclassification from Residential Low to Commercial General, as submitted by Greg & Deborah Meakin in order to construct a 4,040 sq. ft single story/retail building with accessory parking at 2431 Bethel Avenue. LEGAL DESCRIPTION: That portion of the southwest quarter of the northwest quarter of Section 36, Township 24 North, Range 1 East W.M., in Kitsap County, Washington, described as follows: Beginning at at the point of intersection of the south line of said southwest quarter of the northwest quarter with the east margin of State Highway Number 14; thence N 3*20'30" E. 100 feet; thence S 89*19'00" E to the west margin of Mitchell Road; thence south along said west margin of Mitchell Road; thence south along said west margin of Mitchell Road to the south line of said southwest quarter of the northwest quarter; thence west along the south line thereof to the Point of Beginning. Except the east 225 feet thereof. City Engineer Curles reviewed the three conditions, which the Planning Commission has recommended be placed on the approval of the rezone for property located at 2431 Bethel Avenue. Mayor Protem Geiger called for input either for or against the proposed rezone for property located at 2431 Bethel Avenue. Anita Heng, 520 Sweany, voiced concern about additional sewage being added to the sewer treatment plant. As no further additional input was received, Mayor Protem Geiger closed public hearing portion and referred matter to Council for their consideration. July 24, 1989 Page Three On motion by Councilman Wilson, seconded by Councilman Clauson, Council adopted Planning Commission Resolution No. 128-89 setting forth findings of fact, conclusion and conditions as their own and approved this zone reclassification from Residential Low to Commercial General as submitted by Greg & Deborah Meakin in order to construct a 4,040 sq. ft. single story/retail building with accessory parking at 2431 Bethel Avenue. Mayor Protem Geiger opened Public Hearing scheduled for 8:15 PM regarding amendments to the City of Port Orchard Zoning Ordinance. City Engineer Curles summarized the proposed zoning ordinance amendments. Mayor Protem Geiger called for public input either for or against the proposed zoning ordinance amendments. As no response was received, Mayor Protem Geiger declared this Public Hearing closed and referred matter to Council for consideration. On motion by Councilman Wilson, seconded by Councilman Grable, Council approved proposed amendments to the City of Port Orchard Zoning Ordinance in accordance with Planning Commission Resolution No. 131-89, and authorized the clerk to prepare an ordinance for Council consideration. Mayor Protem Geiger reopened continued Public Hearing scheduled for 8:30 PM 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 General to Commercial -Highway in order to construct a 49 unit motel at 1121 Bay Street. Legal Description - Attachment "A". (Evans & Associates have requested public hearing be held over to 8/14/89 Council meeting.) City Engineer Curles advised Council the Department of Ecology has appealed the Shoreline Permit for the motel because the shoreline access was never developed in the proposed plans. However, this action will not affect the rezone process. On motion by Councilman Wilson, seconded by Councilman Grable, Council moved to continue the Waterbury Rezone Public Hearing until the next regular Council meeting, August 14, 1989 at 8:15 PM for further information. Councilman Clauson moved to approve Ordinance No. 1466 repealing Ordinance No. 1456 and establishing regulations providing for the control, management, maintenance and use of public and private water and sewer systems and providing rates for connection and use of such system, seconded by Councilman Grable. Councilman Clauson moved to amend motion to redefine Class 10 rate from $111.00 to $79.00 (4 ERU's), seconded by Councilman Wilson and carried. July 24, 1989 Page Four Council unanimously approved the original motion as amended to adopt Ordinance No. 1466 repealing Ordinance No. 1456 and establishing regulations providing for the control, management, maintenance and use of public and private water and sewer systems and providing rates for connection and use of such system with the Class Ten rates redefined from $111.00 to $79.00 (4 ERU's). On motion by Councilman Wilson, seconded by Councilman Clauson, Council removed from table, proposed vacation of a portion of Baltimore Street as petitioned by Nicholas J. Skalabrin. LEGAL DESCRIPTION: Lots 9 and 10, Block 5, Annapolis, as per plat recorded in Volume 1 of plats, pages 64 and 65, records of Kitsap County, situate in Kitsap County, Washington. On motion by Councilman Wilson, seconded by Councilman Clauson, Council denied proposed vacation of a portion of Baltimore Street as petitioned by Nicholas J. Skalabrin. On motion by Councilman Wilson, seconded by Councilman Clauson, Council authorized the Police Department to convert a 1986 Chevrolet Camero seized in a drug investigation into a police vehicle with the condition a sign be placed on the vehicle notifing the public how it was obtained. On motion by Councilman Geiger, seconded by Councilman Wilson, Council authorized the City Engineer to offer Rod 011as, $5,000.00 for the renewal of a water easement across his property located at 510 DeKalb. On motion by Councilman Wilson, seconded by Councilman Clauson, Council authorized useage of parking space on the north side of Bay Street (500 block) for approximately 60 days to allow storage of pilings during construction of the new marina by Caicos's Corporation. On motion by Councilman Wilson, seconded by Councilman Powers, Council authorized the Mayor to sign contract for design phase of the widening of Bethel Avenue with Parametrix in the amount of $62,053.92 of which 80% is FAUS funded. On motion by Councilman Wilson, seconded by Councilman Grable, Council authorized the Police Chief to sign contract with Department of Social and Health Services for Adult Protective Services, contingent upon review by City Attorney. On motion by Councilman Clauson, seconded by Councilman Wilson, Council required the simultaneous adoption of a Comprehensive Plan Designation for property on Sidney Road, proposed for annexation, as described in Attachment 1! B IF On motion by Councilman Clauson, seconded by Councilman Wilson, Council required all properties included in the proposed Sidney Road Annexation assume their share of existing City indebtedness upon annexation. July 24, 1989 Page Five 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 Grabie moved to approve payment of those vouchers as follows: Claim Warrant No. 12147-12189 in the total amount of $21,557.85, seconded by Councilman Smith and carried. On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to concur with the Water/Sewer Committee recommendation and waive sewer back charges for the Forest Park Coin Laundramat, contingent upon approval by the City Attorney. On motion by Councilman Geiger, seconded by Councilman Clauson, Council established a policy authorizing discontinuance of sewer charges for City owned and controlled properties, when water service is shut off. On motion by Councilman Clauson, seconded by Councilman Grable, Council excused Mayor Weatherill from the Council meeting due to illness. Meeting adjourned at 10:15 PM City Mayor Protem July 24, 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 I 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. SIDNEY ROAD ANNEXATION: ATTACHMENT "B" LEGAL DESCRIPTION: THE WEST 1/2 OF THE SW 1/4, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., AND THE EAST 1/2 OF SECTION 3 TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 2 TOWNSHIP 23 NORTH, RANGE I EAST, W.M.; THENCE EAST ALONG THE SOUTH LINE OF SECTION 2, TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 16; THENCE NORTHWEST ALONG THE NORTH ROW LINE TO THE EAST LINE OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THENCE CONTINUE ALONG NORTH ROW LINE OF SR 16 TO WHERE IT INTERSECTS WITH THE WEST ROW LINE OF POTTERY AVENUE THENCE SOUTH ALONG THE WEST ROW LINE OF POTTERY AVENUE TO A POINT WHERE IT BECOMES SIDNEY ROAD; THENCE CONTINUE SOUTH ALONG THE WEST ROW LINE OF SAID SIDNEY ROAD TO THE NORTH LINE OF BIRCH ROAD; THENCE WEST ALONG THE NORTH LINE OF BIRCH ROAD TO THE WEST LINE OF THE EAST 1/2 OF THE SE 1/4, SE 1/4, SECTION 3; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTH LINE OF SECTION 3; THENCE EAST ALONG SAID SOUTH LINE TO THE POINT WHICH INTERSECTS WITH THE NORTH MARGIN OF GLENWOOD ROAD RIGHT-OF-WAY; THENCE EASTWARD ALONG THE NORTH MARGIN OF GLENWOOD ROAD TO WHERE IT INTERSECTS WITH THE WEST MARGIN OF SIDNEY ROAD; THENCE SOUTH ALONG SAID WEST MARGIN TO THE SOUTH LINE OF SECTION 3; THENCE EAST TO POINT OF BEGINNING. ALL SITUATED IN KITSAP COUNTY, STATE OF WASHINGTON.