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06/13/1988 - Regular - MinutesPort Orchard, Washington June 13, 1988 Council of the City of Port Orchard, Washington was called to regular session by Mayor Weatherill. Councilmembers present: Clauson, Wilson, Geiger, Powers, Smith and Grable. Councilman Childress absent. Staff present: Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Powers led the audience and Council in the Pledge of Allegiance. -On motion by Councilman Grable, seconded by Councilman Wilson, Council approved the minutes of the May 23, 1988 meeting as distributed. Anita Sanford presented Little Britches Royalty Court who individually outlined events scheduled for 1988 Little Britches Rodeo on June 17, 18, and 19. The Mayor, Council and Citizens of Port Orchard were invited and encouraged to attend. Dave Dein, General Manager, Olympic Cablevision Company, gave courtesy status report on the upgrade of plant equipment and their expanded service. Dick Rylander requested permission to place two directional signs for Myhre's Restaurant at the corner of Port Orchard Boulevard/Tremont and Port Orchard Boulevard/ Highway 160. On motion by Councilman Clauson, seconded by Councilman Grable, Council approved Dick Rylander's request and authorized the placement of two directional signs for Myhre's Restaurant (1) corner of Port Orchard Boulevard/Tremont and (2) Port Orchard Boulevard/Highway 160. Installation of directional signs must conform to standard requirements and be approved by the City Engineer. The City reserves the right to require signs be removed or relocated at the owner's expense. On motion by Councilman Powers, seconded by Councilman Smith, Council rejected Frank A. Shiers' offer to gift, to the City, property which is located at the northeast junction of Guthrie Street and Sherman Avenue. Dennis Lamphere, President of Lamphere Construction Ltd., requested permission to rent a portion of City property north of Old Clifton Road. Mayor Weatherill referred matter to the City Property Committee. Gary Kucinski, HMI, sought reconsideration of prior Council decision to submit a negative recommendation to the Washington State Department of Transportation relevant to a Petition to Vacate a portion of SR160 right-of-way on the east side of the highway adjacent to 823 Bethel Road and 791 Bethel Road. Mr. Kucinski explained the State DOT has stated the recommendation of the City of Port Orchard will influence their decision on this petition. Herbert Loop, Parkshore Real Estate, spoke in support of a positive recommendation to the State for the Vacation of a portion of SR160 right-of-way adjacent to 823 Bethel Road and 791 Bethel Road and suggested the City request a utility easement be retained allowing access to Taylor Street. June 13, 1988 Page Two Councilman Smith moved to submit a recommendation that the Washington State Department of Transportation approve HMI/Dr. Browning's Petition to Vacate of a portion of SR160 right-of-way adjacent to 823 Bethel Road and 791 Bethel Road, seconded by Councilman Grable. Councilman Clauson moved to amend motion to include a request that a utility easement be retained allowing access to Taylor Street right-of-way, seconded by Councilman Wilson and carried. Councilman Clauson moved to table motion as amended to submit a positive recommendation to the State Dept. of Transportation relevant to HMI/Browning Petition to Vacate a portion of SR160 right-of-way adjacent to 823 Bethel Road and 791 Bethel Road, with a request that a utility easement be granted to the City of Port Orchard to allow access to Taylor Street right-of-way (an undeveloped platted street), seconded by Councilman Wilson and carried. Mayor Weatherill introduced Notice of Intent to Petition for Annexation as submitted by Brian J. Horch/Herbold Company. (Legal Description - Attachment "A") 1) On motion by Councilman Geiger, seconded by Councilman Wilson, Council moved to accept Petition for Annexation into the City of Port Orchard as presented by Brian J. Horch/Herbold Company. 2) On motion by Councilman Clauson, seconded by Councilman Geiger, Council moved to require the simultaneous adoption of a Comprehensive Plan Designation for property described in Attachment "A". 3) On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to require all properties included in the proposed Brian J. Horch/Herbold Company Annexation be required to assume existing City indebtedness. On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously concurred with Mayor Weatherill's proclamation declaring June 16, 1988 through July 4, 1988 as a time to honor the United States of America and Japan Cultural Exchange Program. Councilman Clauson moved to approve Resolution No. 1486 establishing a $15.00 charge for returned bank checks and drafts, seconded by Councilman Grable and carried. On motion by Councilman Geiger, seconded by Councilman Clauson, Council moved to adopt Ordinance No. 1426 with the following correction to Item No. 2 - "That a time limit of twelve months (from the effective date of this Ordinance) be placed on the rezone. Upon expiration of that time (June 22, 1989), .". In reference to Unfinished Business Item #1 (Letter from Thomas Jeatran concerning parking enforcement), Mayor Weatherill advised Council he will write a letter assuring Mr. .Jeatran the Police Department is issuing parking tickets. The Police Committee also reported the Police Department will be submitting a monthly statistical report. June 13, 1988 Page Three Police Chief Mathews requested the Council consider reopening the Pistol Range at the Old Clifton Road site. Chief Mathews advised Council a fence will be constructed to secure the site and the range will be used during reasonable hours by the Port Orchard Police Officers and Reserve Officers only. On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously consented to reopen the Police Pistol Range. at the Old Clifton Road site for use only by the Port Orchard Police Officers and Reserve Officers. Councilman Geiger moved to direct the City Engineer to commence zone reclassification process to amend the zoning designation of the Police Pistol Range from Green Belt to Public Property, seconded by Councilman Grable and carried. Police Chief Mathews requested authorization for Police Officer Keizer, who was recently appointed to the position of Police Detective, to drive an unmarked police vehicle home. After much discussion, Councilman Clauson Council moved to allow Detective Keizer to drive an unmarked police vehicle home, seconded by Councilman Grable,. Motion passed with 3 ayes and 3 nayes. Mayor Weatherill voting aye to break tie vote. Councilmen Geiger, Powers and Wilson voting nay. On motion by Councilman Clauson, seconded by Councilman Grable, Council unanimously authorized the Mayor to sign Operational Cost Agreement for the Tactical Response Van Contract with Kitsap County Fire District No. 1 for use of Hazardous Material Van with the annual fee of $100.00. Councilman Clauson moved to declare the Pitney Bowes Copy Machine as surplus and authorized the City Clerk to dispose of the copier in the best interest of the City, seconded by Councilman Grable and carried. On motion by Councilman Geiger, seconded by Councilman Grable Council moved to authorize the Mayor or the City Clerk to sign equipment maintenance agreements for the City. Vouchers audited and certified by the auditing officer (City Clerk) as required by R.C.W. 42.24.080, and those expense reimbursement claims certified as required by R.C.W. 42.24.090, have been recorded on a listing and made available to the Council. On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 10440-10541 in the total amount of $135,032.83 and May 1988 Payroll Warrant No. 108917-109030 in the amount of $103,165.50. Councilman Clauson moved to excuse Councilman Smith from the June 27, 1988 meeting, seconded by Councilman Grable and carried. Mayor Weatherill adjourned Council into Executive Session for twenty minutes to discuss City property. Lola Silas, 1018 Kitsap Street, informed the Council and Mayor that the animal nuisance (barking dogs) is reoccurring at 1020 Kitsap Street. Meetin adjourned at 10:07 PM. CLERK MAYOR June 13, 1988 Attachment "A" Brian J. Horch/Herbold Company Legal Description The Westerly 173 feet of the following: That portion of Lot 11 described as follows: Beginning at the Southwest corner of Tract 11, thence north 8*50'06" E along the east margin of Mitchell road a distance of 60.24 feet; thence North 17*31'17"E 155 feet to the True Point of Beginning; thence South 72*28'43" E 493.26 feet to a point on a curve whose radius point bears North 86*31'56" E 210 feet; thence turning through an angle of 21*22'10" run northeasterly along the arc of said curve 78.32 feet; thence North 17*54'06" E 105.30 feet to the beginning of a curve to the right having a radius of 305.00 feet and turning through an angle of 34*59'36"; thence northeasterly along the arc of said curve 186.29 feet; thence North 72*28'43" W 564.85 feet to the east margin of Mitchell Road; thence along said east margin S 9*14'08" W 197.80 feet; thence S 17*31'17" W 160.74 feet to the TRUE POINT OF Beginning, and That portion of Mitchell Road lying between the west margin of Mitchell Road and the above described tract.