Loading...
09/12/1988 - Regular - MinutesPort Orchard, Washington September 12, 1988 Council of the City of Port Orchard, Washington was called to regular session by Mayor Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Powers and Grable. Councilman Smith excused. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Grable led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the minutes of the August 22, 1988 meeting. On motion by Councilman Wilson, seconded by Councilman Grable, Council unanimously concurred with Mayor Weatherill's Proclamation declaring September 17-23, 1988 as Constitution Week. Thelma Greskey, representing Elizabeth Ellington Chapter of the Daughters of the American Revolution accepted and thanked the Mayor and Council for the Proclamation. City Attorney advised Mayor and Council the Summons by Complaint - Bertha Tuba vs. City of Port Orchard has been forwarded to the City's insurance broker. On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously moved to deny Claim for Damages in the amount of $45.32 as submitted by Dan M. Bassen for damages to his vehicle tire. Mayor Weatherill excused himself from the Council meeting and turned meeting over to Mayor Protem Geiger. City Clerk reported on bid opening held September 8, 1988 at 4:30 PM relevant to Call for Bid for City Hall Emergency Generator. Two bids were received with required bid bonds as follows: Webber Electric $80,000.00 Harlow Construction $95,184.00 **Engineer's Estimate $74,700.00 On motion by Councilman Wilson, seconded by Councilman Clauson, Council unanimously accepted the bidding as received on September 8, 1988 and awarded the contract for the City Hall Emergency Generator to the lowest bidder, Webber Electric in the amount of $80,000.00. Mayor Protem Geiger opened Public Hearing scheduled for 7:45 PM. This is the final Public Hearing to establish a Comprehensive Plan Map Designation for property owned by Brian Horch/David Herbold Co., Inc. Property owners have requested a Comprehensive Plan Map Designation of Commercial General for property located on Mitchell Avenue. Legal Description - Attachment "A". City Attorney McCluskey informed those present that Councilman Childress was not present at the first Public Hearing on Horch/Herbold application for a Comprehensive Plan Map Designation. Councilman Childress would like to retain his seat and participate in the second and final portion of this Public Nearing process. Mayor Protem Geiger asked if anyone present objected to Councilman Childress participating in this portion of the Horch/Herbold Public Hearing concerning the Comprehensive Plan Map Designation. No objection was received. September 12, 1988 Page Two Mayor Protem Geiger called for public input in favor of or opposed to the City establishing a Comprehensive Plan Map Designation of Commercial General for property owned by Brian Horch/David Herbold Co., Inc. As no additional input or testimony was received, Mayor Protem Geiger closed Public Hearing and referred Comprehensive Plan Map Designation proposal to Council for their consideration. On -motion by Councilman Clauson, seconded by Councilman Grable, Council moved to approve Comprehensive Plan Map Designation of Commercial General for property located on Mitchell Avenue as submitted by Brian Horch/David Herbold Co., Inc. Legal Description - Attachment "A". Darryl Piercy, Port of Bremerton Harbormaster, presented a proposal for a Boating Safety Program and invited the City to join with the Port of Bremerton in submitting a grant application to the Washington State Parks and Recreation Commission for funding assistance to develop this program. On motion by Councilman Clauson, seconded by Councilman Grable, Council moved to participate with the Port of Bremerton in a grant application to the Washington State Parks and Recreation Commission to develop a local boating safety program. Mayor Protem Geiger opened Public Hearing scheduled for 8:00 PM relevant to Appeal of Planning Commission denial of application for a variance at 1436 S. Flower, Patty Ehlert, owner of record. Mayor Protem Geiger called for public input in favor of Planning Commission's denial of Ehlert Variance Application. Patty Ehlert presented Council with pictures and drawings to support her appeal of the Planning Commission's denial of Application of Variance at 1436 S. Flower. Howard Minor, Planning Commissioner, spoke in favor of the approval of the variance application. Mr. Minor stated granting the variance would not be detrimental to the neighborhood. Mayor Protem Geiger called for public input from those opposed to Planning Commission's denial of Ehlert Application for Variance at 1436 S. Flower. Robert and Debbie Showers, 1425 Flower Street, spoke against the proposed variance at 1436 S. Flower., citing incidents of rental property deterioration and the adverse effect on neighborhoods. Ms. Ehlert rebutted statements of Robert and Debbie Showers referencing pictures submitted as evidence which show condition of subject property. Mayor Protem Geiger called for further public input in favor of or opposed to the City granting a variance at 1436 S. Flower. As no response was received from the public, Mayor Protem Geiger closed Public Hearing and referred the proposed variance at 1436 S. Flower to Council for their consideration. Councilman Geiger moved to overturn Planning Commission denial of Variance Application and approve the variance for 1436 S. Flower as submitted by Patty Ehlert, owner of record, seconded by Councilman Wilson. Motion failed with 4 nays and 2 ayes. Councilmen Clauson, Childress, Powers and Grable voting nay. September 12, 1988 Page Three On motion by Councilman Clauson, seconded by Councilman Grable, Council moved to uphold Planning Commission's denial of Application for Variance and deny Variance for 1436 S. Flower as submitted by Patty Ehlert, owner of record. Motion passed with 4 ayes and 2 nays. Councilmen Wilson and Geiger voting nay. On motion by Councilman Clauson, seconded by Councilman Grable, Council moved to approve Ordinance No. 1428 which increases the fund balance of the Special Investigative Unit (SIU) Imprest Fund from $600 to $1,000. On motion by Councilman Grable, seconded by Councilman Clauson, Council moved to approve Ordinance No. 1429 amending the Zoning Ordinance and reclassifying certain property located on Old Clifton Road west of SRI6 from Green Belt to Public Property (City of Port Orchard, owner of record). Legal Description - Attachment "B". Councilman Clauson moved to table proposed Ordinance No. 1430 relating to abandoned, unauthorized and junk vehicles for further study, seconded Councilman Grable and carried. On motion by Councilman Grable, seconded by Councilman Clauson, Council moved to adopt Resolution No. 1494 abolishing the Special Fund in the Port Orchard Police Department . Councilman Grable moved to table proposed AWC Insurance Pool Agreement for further study, seconded by Councilman Clauson and carried. On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to declare as surplus the following two vehicles and authorized the Police Department to dispose of them in the best interest of the City: (1) 1976 Ford Pinto WA License No. UCR210, (2) 1962 Chevrolet pickup WA License No. 29090N. These vehicles were seized during a drug related arrest. Councilman Clauson moved to excuse Councilman Grable from the September 26, 1988 Council meeting, seconded by Councilman Geiger and carried. Councilman Powers moved to deny Dennis Lamphere's request to rent a portion of City property on Old Clifton Road, seconded by Councilman Wilson and carried. 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 Clauson, seconded by Councilman Grable, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 10836-10914 in the total amount of $57,358.63 and August 1988 Payroll Warrant No. 109264-109377 in the amount of $113,685.66. Councilman Wilson read letter from Kitsap County concerning complaints relevant to lighting and vegetation barrier of Kitsap County Parking Lot on north side of Division Street. Kitsap County advised the Council they are investigating alternative to alleviate the impact of the parking lot lights on adjoining property owners. September 12, 1988 Page Four At 10:35 PM Mayor Protem Geiger adjourned Council into executive session for 25 minutes to discuss 810 Bay Street property. After 25 minutes Council announced they would be in executive session for one (1) hour more. Mayor Pro-tem Geiger reconvened Council and adjourned the meeting at 11:55 PM. CLERK MAYOR MAYOR PRO-TEM September 12, 1988 HORCH/HERBOLD CO., INC. ATTACHMENT "A" LEGAL DESCRIPTION SW 1/4, SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST; The Westerly 173 feet of the Plat of East Port Orchard, Tract 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. September 12, 1988 OLD CLIFTON ROAD REZONE ATTACHMENT "B" LEGAL DESCRIPTION: Section 34, Township 24N, Range 1 E, W.M., the SW1/4, SW1/4 and the SEI/4, SW1/4 except that portion conveyed to Kitsap County per Auditors File No. 959191 defined as follows: Beginning at the S1/4 corner said section thence along the South Iine thereof N88*17'27"W 369.05 feet to the true point of beginning; thence N88*17'27"W 760 feet to the easterly margin of Old Clifton Road; thence along said margin N22*55'10"E 712.72 feet to beginning of a curve to the right having a radius of 686.20 feet; thence 38.5 feet along the arc of said curve thru a C/A of 00*12'54"; thence South 88*17'27"E 477.04 feet; thence along a line parallel with the North South centerline of said Section 34 S00*52'34"W 700 feet to the true point of beginning except the South 30 feet thereof and except those portions deeded for SR 16 Tremont Street Interchange per Auditors File No. 8507240064.