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11/13/1989 - Regular - MinutesPort Orchard, Washington November 13, 1989 Council of the City of Port Orchard, Washington called to regular session by Mayor Leslie J. Weatherill at 7:30 P.M. Councilmembers present: Clauson, Childress, Wilson, Geiger, Smith and Grable. Councilman Powers excused. Staff present: City Attorney McCloskey, City Treasurer Miller, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Childress 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 October 23, 1989 meeting as circulated. Richard Forschner, General Manager, Olympic Cablevision reported on new Syndex Law which will be effective January 1, 1990. Syndex allows television networks with program syndication rights to request cable companies to black out that program on all other stations. Two station will be dropped and The Turner Network and a comedy channel will be added. Mayor Weatherill presented a letter submitted by Robert Roland requesting a two year extension of the zoning time limit for property located in the southwest quadrant of the Sedgwick interchange. Councilman Geiger moved to grant a twelve month extension on the rezone time limit (Commercial General) for Roland & Roland property located in the southwest quadrant of the Sedgwick interchange, seconded by Councilman Wilson and carried. Mrs. Robert Sapp, _31 Ki�Zap, described Prospect Alley traffic problems and requested Council consider establishing a speed limit and one-way traffic to mitigate present and future problems. At the request of Councilman Wilson, Mayor Weatherill referred this issue to the Street/Alley Committee. Mayor Weatherill opened meeting with property owners to discuss proposed annexation of property commonly known as the Vine Street Corporation Annexation. (East of existing City limits to Palmer Avenue, north of SR160 to Orlando Street and Fourth Street.) Fred Browning, Washington State Veterans Home, stated they did not oppose this annexation but questioned how this action will effect their property. Jim Svensson, Division Director of Planning for Kitsap County voiced County concerns as follows: (1) boundaries as presented would divide a commercial development which was approved as a P.U.D. with 19 conditions. County officials feel a jurisdictional division would adversely effect undeveloped portion of the P.U.Q. area. (2) Veterans Memorial Park is within the proposed boundaries. Mr. Svensson requested the park property be deleted from the subject area, stating the County would like the park to remain under County regulations as this would make future development easier. Steve Lang, co-owner of Southsound Cinema spoke in favor of the Vine Street Corp. Annexation citing benefits derived from being part of the City. November 13, 1989 Page Two Richard Brown representing Wm. Wiley and Syril Wolf, property owners within annexation boundaries, supported the annexation proposal. Robert Macht of Bradley Scott, representing Olney Creek Condominium Assn., stated they are not opposed to this annexation, but would like assurance that existing utilities would not be affected. Ben Hannah, co-owner of Southsound Cinema supported and encouraged this annexation. Howard Minor, 1400 Bay Street, expressed support stating this is natural growth for the City. Herman Ouderkerk, owner of property adjacent to proposed annexation (part of commercial P.U.D.), stated he would like more information on benefits of annexing. Dick Jacobsen, owner of property east of proposed boundaries, questioned City's intent for future expansion of City limit easterly along SR160. Mayor Weatherill and Councilmembers responded, if property owners submit a notice of intent to annex, the City will consider their action. Dennis Peterson inquired as to whether the City is ready to assume responsibility for the storm drainage retention system in this area. City Engineer Curles advised Mr. Peterson, the City has basically the same storm drainage rules and regulations as the County and also this retention system is o„ private property which means it would be maintained by the property owner whether it is under County or City jurisdiction. Councilman Geiger addressed Richard Wyatt and Laverne Wolf's request to have their property located on Olney Road (north of K-Mart property) added to the annexation boundaries. Mr. Ouderkerk stated he would be agreeable to include his property in this action with the understanding he could request his property be deleted after discussing pro and con aspects of annexing. Councilman Clauson moved to accept petitions for annexation with boundaries amended to include property north of K-Mart Plaza to Horstman Road, seconded by Councilman Smith and carried. On motion by Councilman Clauson, seconded by Councilmen Geiger and Grable, Council required the simultaneous adoption of a Comprehensive Plan Designation for the Vine Street Corporation for annexation area. Councilman Clauson moved to require property owners within the Vine Street Corporation area to be annexed to assume their share of the City's existing bonded indebtedness, seconded by Councilman Wilson and carried. November 13, 1989 Page Three Mayor Weatherill opened Public Hearing scheduled for 8:00 P.M. to discuss proposed amendments to the City's zoning ordinance. City Engineer Curles reviewed proposed changes. Mayor Weatherill requested input from public for or against proposed amendments to the zoning ordinance. As no response was received from the audience, Mayor Weatherill referred matter to Council for consideration. On motion by Councilman Geiger, seconded by Councilman Grable, Council approved proposed Ordinance No. 1469 repealing Ordinance No. 1393, 1367, 1351, 1323, 1312, 1302, 1214, 1194, 1163, 988, 987, 986 and 899 and establishing land use classification and districts in the City of Port Orchard; adopting a map dividing the City into such districts and providing for sectional district maps showing classified use districts; adopting standards and regulations regulating the use of land therein and the location, use and design of buildings and structures. NOTE changes as follows: (1) the minimum single family lot size is reduced from 5400 to 5000 sq ft in Residential High Zoning to accommodate existing lots within the City; (2) residential front yard setback decreased from 25 to 15 ft; and (3) fee structure revised. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved proposed Ordinance No. 1475 adopting Washington State Energy Code 2nd Edition as promulgated by the State Building Code Council setting forth minimum requirements for the design of new buildings, structures, additions and remodels to existing buildings and structures, subject to qualifications. On motion by Councilman Wilson, seconded by Councilman Geiger, Council adopted proposed Ordinance No. 1476, amending Port Orchard Zoning Ordinance No. 1163 and the area and use maps thereof, reclassifying property owned by Kitsap County located at 611, 613, 614, 617, 619 Division; 704; 712, 716 Sidney; 651 and 707 Taylor from Residential Low and Commercial General to Public Properties. LEGAL DESCRIPTION: Section 26, Township 24 N, Range 1E, 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 of Lot 9 and all Lot 10 Block 3; also Lots 2 to 9 Block 4, including all vacated roads; also Lot 1 & 10 to 12 Block 4; also Lot 7, 8 and the south 40 feet of Lot 9, Block 3; Kitsap County, Washington. On motion by Councilmen Geiger and Grable, seconded by Councilman Wilson, Council approved proposed Ordinance No. 1477 amending Port Orchard Zoning Ordinance No. 1163 by amending the area and use maps thereof reclassifying property owned by Kitsap County located at 503, 507, 511 and 513 Austin Avenue from Residential High and Commercial General to Public Buildings with conditions. LEGAL DESCRIPTION: Section 26, Township 24 N, Range 1 E, W.M., Plat of Sidney S.M. Stevens's Block 18, Lots 1, 2, 3 and 4. Located within Kitsap County, Washington. November 13, 1989 Page Four 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. 12528-12615 in the amount of $72,847.69 and October 1989 Payroll in the amount of $109,502.20 (Warrant No. 110999-111110). Councilman Clauson presented letter from Rayna C. Herrick and Cheryl A. Loudon, two South Kitsap District teachers, who have been selected to go to the Soviet Onion in April 1990 as part of a teacher exchange coalition. The letter requested a donation from the City supporting their participation in this exchange. Mayor Weatherill and Council referred this request to the 1990 budget process. City Treasurer Miller reported a U.L.I.D. Foreclosure Sale will be held on November 17, 1989 at 9:00 A.M. One parcel remains on the sale schedule. Engineer Curles informed Council the tennis court backboards have been installed. Councilman Wilson moved to increase the speed limit on Port Orchard Boulevard from 30 MPH to 35 MPH, seconded by Councilman Grable. Councilman Clauson moved to amend the motion to authorize establishing speed limits by resolution, seconded by councilman Grable and carried. Council unanimously approved motion to increase speed limit on Port Orchard Boulevard from 30 MPH to 35 MPH and also provide authority to revise ordinance setting speed limits to allow speed limits to be established by resolution. Meeting adjourned at 9:13 PM YCITY CLER MAYOR