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08/14/1989 - Regular - MinutesPort Orchard, Washington August 14, 1989 Council of the City of Port Orchard, Washington was called to regular session by Mayor Protem Geiger at 7:30 PM. Councilmembers present: Clauson, Childress, Wilson, Geiger, Powers, Smith and Grable. Staff present: City Attorney McCluskey, 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 Smith, Council approved the minutes of the July 24, 1989 meeting as circulated. Rick Thurston, representing Fellowship of the Believers, requested a Temporary Use Permit to place a Gospel tent at the southend of Sherman Avenue (two blocks southeast of Sidney Avenue) from August 19-31, 1989. Mr. Thurston also requested permission to place directional signs in City right-of-way. On motion by Councilman Clauson, seconded by Councilman Wilson, Council approved issuance of a Temporary Use Permit allowing placement of a Gospel tent at the southend of Sherman Avenue (two blocks southeast of Sidney) from August 19-31, 1989 and authorized placement of directional signs on City right-of-way. Richard Hayes, Director Kitsap Transit, outlined proposal to place new benches with printed advertisements along City bus routes. Councilman Clauson moved to refer to the Street/Alley Committee, Kitsap Transit proposal to place new benches with printed advertisements along City bus routes, seconded by Councilman Wilson and carried. Mayor Protem Geiger opened Public Hearing scheduled for 7:45 PM regarding Petition to Vacate an unnamed alley in Block 18 of the plat of S.M Stevens' Town Plat of Sidney as submitted by Kitsap County. LEGAL DESCRIPTION: That portion of an unnamed alley in Block 18 of the Plat of S.M. Stevens' Town Plat of Sidney, as reocrded in Vol. 1 of Page i 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 of way line of Austin Avenue as depicted on said plat, 16 feet to the point of beginning. Mayor Protem Geiger called for public in t from the audience either for or against the proposed Petition to Vacate n from alley in Block 18 of the Plat of S.M. Stevens' Town Plat of Sidney. As no input was received, Mayor Protem Geiger closed Public Hearing and referred matter to Council for further consideration. August 14, 1989 Page Two On motion by Councilman Wilson, seconded by Councilman�Smith, Council Blockcontin18dofuthecPl�atrofgSr.M. Stevens' Townnto PlatVofaSidneyutoamed September in i 1989 at 8:00 PM. Clarence Dahlke, voiced concern of immigration growth in the United States. Mayor Protem Geiger reopened continued 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 1 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. Mayor Protem Geiger called for input from those in favor of or opposed to this rezone change. As no input was received, Mayor Protem Geiger closed Public Hearing and referred matter to the Council for consideration. On motion by Councilman Clauson, seconded by Councilman Smith, Council moved to continue the Zone Reclassification Public Hearing as submitted by Kitsap County to September 11, 1989 at 7:45 PM. City Clerk read letter from Don Lorimor (379 South Street) requesting City Council consider allowing usage of firearms to protect livestock or pets from being maimed or killed by uncontrolled animals. Chief Mathews discouraged any change in City Ordinances allowing firearms to be discharged in City limits. Mayor Protem Geiger directed the Clerk to contact the Humane Society on this situation. On motion by Councilman Clauson, seconded by Councilman Grable, Council referred proposed Judge Protem contract between City of Port Orchard and Marilyn G. Paja to Finance/Court Committee for review. On motion by Councilman Powers, seconded by Councilman Clauson, Council adopted Resolution No. 1516 setting September 25, 1989 at 7:45 PM as date and time for Public Hearing on a petition to vacate the north 50 feet of the west half of Short Avenue as submitted by Samuel A. Fleshman, Attorney for Gladys I. Theisen Estate. August 14, 1989 Page Three Mayor Protem Geiger 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 60 unit motel at 1121 Buy Street. Legal Description - Attachment "A". Councilman Powers asked to be excused from any discussion concerning the Waterbury rezone as she is an adjacent property owner. Mayor Protem Geiger excused Councilman Powers from participation in the Public Hearing and she stepped down from the Council table. City Engineer Curles reviewed status of the proposed Waterbury project. Michael Mohn, representing John Waterbury, distributed revised site plans showing a three story structure with 60 units. Mr. Mohn reviewed site plans and answered questions from Council. Mayor Protem Geiger called for input in favor of the Waterbury Rezone. Janice Hanes, A10 Rockwell and Bob Dooling, C28 Rockwell, both spoke in favor of the proposed development. Mayor Protem Geiger requested testimony from anyone opposed to the Waterbury Rezone. As no response was received, Mayor Protem Geiger closed Public input portion of the Public Hearing and referred matter to Council for consideration. Councilman Wilson moved to adopted Planning Commission Resolution No. 125-89 setting forth findings of fact, conclusion and conditions as their own and approved this zone reclassification from Commercial General to Commercial Highway as submitted by John Waterbury in order to construct a motel at 1121 Bay Street, seconded by Councilman Clauson. Councilman Geiger moved to amend motion to include that development be substantial as per site plans for a 60 unit motel, as presented by the developer, seconded by Councilman Wilson and carried. Original motion as amended to adopt Planning Commission Resolution No. 125-89 setting forth findings of fact, conclusion and conditions as their own and approved this zone reclassification from Commercial General to Commercial Highway, as submitted by John Waterbury, in order to construct a motel at 1121 Bay Street, contingent upon that development be substantial as per site plans for a 60 unit motel, as presented by the developer, seconded and carried. At 9:55 PM Mayor Protem Geiger declared a 5 minute recess. Patty Olson, Coordinator for the 1989 Street Fair, held August 6, 1989, reported on the success of this event and extended their appreciation to the City for allowing the street closure. August 14, 1989 Page Four On motion by Councilman Powers, seconded by Councilman Grable, Council approved Ordinance No. 1467 designating holidays for employees of the City of Port Orchard and clarifying provisions regarding employee vacations, leaves of absence and repealing ordinance Nos. 1176, 1104, 981, 966, 914, 813, 748 and 715 (POMC 2.28). On motion by Councilman Clauson, seconded by Councilman Wilson, Council declared as surplus an AK-47, a Siren Control Head and two folding shotgun stocks and authorized Chief Mathews to dispose these items in the best interest of the City . On motion by Councilman Clauson, seconded by Councilman Grable, Council declared as surplus a 1980 Chevrolet Malibu and authorized Chief Mathews to dispose these items, in the best interest of the City, and use funds derived from the sale of this vehicle, towards the purchase of a radar system, if funds are sufficient. Chief Mathews presented a $275.00 check from the Port Orchard Rotary. This is a donation to cover the cost of a light bar and strob lights for the 1986 Camera. On motion by Councilman Wilson, seconded by Councilman Smith, Council authorized acceptance of the Port Orchard Rotary $275.00 donation to cover the cost of the light bar and strob lights for the 1986 Camero. On motion by Councilman Clauson, seconded by Councilman Wilson, Council moved to concur with agreement between Kitsap County Landfill/Sewer District m5/City of Port Orchard to treat leachate at the Sewer Treatment Plant. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized removal of maple trees on City right-of-way behind 1029-1035 Garrison. On motion by Councilman Wilson, seconded by Councilman Clauson, Council directed the City Engineer to continue negotiations with Rod 011as for renewal of a water easement across his property located at 510 Dekalb, if Mr. 011as will not accept the $5,000.00 the Engineer is authorized to proceed with construction of a new water line. On motion by Councilman Grable, seconded and carried, Council authorized the Mayor to send a letter to FAA inquiring about the recent flight pattern changes over Port Orchard and what the future plans are for the Bremerton Airport with the City being advised of any action taken with the Port Of Bremerton. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the City Engineer to install signs advising the public that the parking area behind 809 Bay Street is "Private Property Not Maintained by City". August 14, 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. On motion by Councilman Geiger, seconded by Councilman Clauson, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 12190-122815 in the total amount of $119,160.80 and July Payroll Warrant No. 110598-110715 in the amount of $112,286.86. Councilman Geiger moved to delegate Councilman Powers as the City representative at the Sub Regional Council (PSCOG) retreat, August 24-25, 1989 with the City reimbursing expenses, seconded by Councilman Clauson. Councilman Clauson moved to amend motion to authorize Councilman Powers to convey the City's opposition to the proposed restructuring of the Sub Regional Council (PSCOG), seconded by Councilman Wilson and carried. Original motion as amended to delegate Councilman Powers as the City's representative (expenses reimbursed) at the Sub Regional Council (PSCOG) retreat with authorization to convey the City's opposition to the proposed restructuring of the Sub Regional Council (PSCOG), seconded and carried. Meeting adjourned at 10:11 P.M. CI1Y CLERK MAYOR August 14, 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 I 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.