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11/14/1988 - Regular - MinutesPort Orchard, Washington November 14, 1988 Council of the City of Port Orchard, Washington was called to regular session by Mayor Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Smith and Grable. Councilman Powers excused. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman 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 October 24, 1988 meeting as circulated. Shelia Albright, representing South Kitsap High School A.S.B., presented signatures from residents on Mitchell Avenue supporting the wolf paw prints on Mitchell Avenue. Councilman Geiger moved to accept the presence of the wolf paw prints on Mitchell Avenue and retroactively grant permission for the SKHS ASB to paint the paw prints on the City street, seconded by Councilman Clauson and carried. On motion by Councilman Wilson, seconded by Councilman Grable, Council moved to adopt Resolution No. 1499 setting December 12, 1988 at 7:45 PM as date and time of Public Hearing to consider a Petition to Vacate the Plat of Rylander Addition to Port Orchard. On motion by Councilman Wilson, seconded by Councilman Grable, Council moved to adopt Resolution No. 1500 setting December 12, 1988 at 8:00 PM as date and time of a Public Hearing to consider a Petition to Vacate a portion of an alleyway situated between Block 1 and Block 2 of the Plat of Harrison Park Addition to Sidney. (Alley runs north/south from Tremont to Port Orchard Blvd.) On motion by Councilman Geiger, seconded by Councilman Grable, Council moved to accept Ordinance No. 1433 amending salary schedule for employees of the City of Port Orchard for the year 1988 (reflects COLA increase as per union contracts). Mayor Weatherill opened Public Hearing scheduled for 7:45 PM. This is the second and final Public Hearing to establish a Comprehensive Plan Map Designation submitted by Gary P. Wasilchen. The owner has requested a Comprehensive Plan Map Designation amendment from Residential Low to Commercial General for property located on northeast corner of Port Orchard Boulevard and Tremont Street. LEGAL DESCRIPTION: Lot 6 through 25, Block 2 and Lots 10 through 25, Block I of the Plat of Harrison Park Addition to Sidney EXCEPT roads, Port Orchard, Washington. City Engineer briefed Council on location of subject property and outlined the Planning Commission's recommendation to approve amendment to Comprehensive Plan Map Designation with specific conditions. Mayor Weatherill called for public input in favor of or against the City establishing a Comprehensive Plan Map Designation of Commercial General as requested by Gary P. Wasilchen. Norm Olson P.E., representing Gary P. Wasilchen, outlined the proposed uses of the property and answered questions. November 14, 1988 Page Two Eric Emans, 2138 Sidney Avenue, expressed concern about potential increase in traffic flow on Tremont and stated commercial development would be disruptive to residential areas. Mr. Bjorkheim, 344 Sunset Lane, spoke against the proposed Comprehensive Plan Map Designation of Commercial General expressing concern that commercial development in residential areas would be detrimental. David Card, owner of property on Sidney Avenue, spoke in favor of the change in the Comprehensive Plan Designation citing growth is beneficial to a city. Planning Commissioner Howard Minor stated each project or proposal should be considered on its own merit. Tom Jeatran, Planning Commission Member, assured the Council the Planning Commission has discussed conditions which would be effected by this change in the Comprehensive Plan and recommend approval of the Comprehensive Plan Designation Change. Councilman Geiger voiced concern on effect of allowing commercial development on an arterial thoroghfare. The City, County and State have invested thousands of dollars to provide this bypass and the importance of this arterial should not be neglected. Councilman Clauson stated the residential integrity of the Tremont area was reduced when the bypass was developed. It is appropriate to consider growth in this corridor. The proposed project would have low commercial traffic impact. Councilman Smith suggested a study is needed on how commercial development in this location would impact the City. Mayor Weatherill called for further public input in favor of or against establishing a Comprehensive Plan Map Designation of Commercial General as requested by Gary P. Wasilchen. No response was received. Mayor Weatherill closed the second and final Public Hearing to consider an application for an amendment to the Comprehensive Plan Map from Residential Low to Commercial General as submitted by Gary P. Wasilchen for property located on the northeast corner of Port Orchard Boulevard and Tremont Street. On motion by Councilman Clauson, seconded by Councilman Wilson, Council moved to approve an application for an amendment to the Comprehensive Plan Map from Residential Low to Commercial General as requested by Gary P. Wasilchen for property located on the northeast corner of Port Orchard Boulevard and Tremont Street. Councilmen Smith and Geiger voting nay. Mayor Weatherill called for recess with meeting to reconvene at 8:30 PM. Mayor Weatherill opened Public Hearing scheduled for 8:00 PM to consider a Zone Reclassification from Green Belt to Commercial General and a Special Use Permit to allow construction of a mini -warehouse complex including a manager's residence and a small (smoking) pipe repair shop on the northeast corner of the Port Orchard Boulevard and Tremont Street as submitted by Gary P. Wasilchen. November 14, 1988 Page Three City Engineer reviewed Planning Commission's recommendation for approval of the Gary P. Washilchen's application for a Zone Reclassification and A Special Use Permit contingent upon six conditions. Mayor Weatherill called for public input in favor of or against a Zone Reclassification from Green Belt to Commercial General and a Special Use Permit to allow construction of a mini -warehouse complex including a manager's residence and a small pipe repair shop as submitted by Gary P. Wasilchen. Norm Olson P.E., representing Gary P. Wasilchen, agreed to all conditions established by the Planning Commission as part of their recommendation that Council approve the Zone Reclassification and the Special Use Permit applications. Mayor Weatherill called for further public input in favor of or against the proposed Zone Reclassification and the Special Use Permit as submitted by Gary P. Wasilchen. As no response was received for the public, Mayor Weatherill closed Public Hearing and referred proposed Zone Reclassification and Special Use Permit to Council for their consideration. Councilman Wilson moved to adopted Planning Commission Resolution No. 106-88, with Findings and Facts and Conditions, as their own and approve application for Zone Reclassification from Green Belt to Commercial General as submitted by Gary P. Wasilchen, seconded by Councilman Grable. Councilman Clauson moved to amend motion to include condition that the retention pond will be fenced, seconded by Councilman Grable and carried. Original motion as amended to adopt Planning Commission Resolution No. 106-88, with Findings and Facts and Conditions, as their own and approve application for Zone Reclassification from Green Belt to Commercial General as submitted by Gary P. Wasilchen and to include the condition that the retention pond be fenced, seconded and carried with 5 ayes and 1 nay. Councilman Geiger voting nay. LEGAL DESCRIPTION: Lot 6 through 25, Block 2 and Lots 10 through 25, Block 1 of the Plat of Harrison Park Addition to Sidney, EXCEPT ROADS, Port Orchard, Washington. On motion by Councilman Wilson, seconded by Councilman Grable, Council adopted Resolution No. 107-88, with Findings and Facts, Conclusions and Condition, as their own and approved the issuance of a Special Use Permit to allow a mini -warehouse facility as submitted by Gary P. Wasilchen. LEGAL DESCRIPTION: Lot 6 through 25, Block 2 and Lots 10 through 25, Block 1 of the Plat of Harrison Park Addition to Sidney, EXCEPT ROADS, Port Orchard, Washington. Mayor Weatherill opened Public Hearing scheduled for 8:30 PM, to consider a Petition for Annexation into the City of Port Orchard as submitted by Brian Horch and Herbold Co., Inc. LEGAL DESCRIPTION - ATTACHMENT "A'. City Engineer Curles outlined location and proposed usage of subject property. Mayor Weatherill called for public input in favor of or against the Petition for Annexation into the City as submitted by Brian Horch and Herbold Co., Inc. November 14, 1988 Page Four Brian Horch, Petitioner, requested approval of Annexation and availed himself to answer questions. As no additional input was received from the public, Mayor Weatherill closed Public Hearing and referred Petition for Annexation as submitted by Brian Horch and Herbold Co., Inc. to Council for their consideration. On motion by Councilman Clauson, seconded by Councilman Wilson, Council moved to adopt Ordinance No. 1434 approving a Petition for Annexation into the City of Port Orchard as submitted by Brian Horch and Herbold Co., Inc. Legal Description: Attachment A. John Waterbury, Lockwood Creek, requested a meeting with the Water -Sewer Committee regarding proposed construction of a motel in Port Orchard on the waterfront. After much discussion on request presented by Ace Comstock (10/24/88) for a variance of City water service policy for 151 Popular (John & Nina dull), Councilman Geiger moved that if Mr. & Mrs. Hull (151 Popular) pay $3,500.00 (estimated cost of drilling a well), the City will install proper water lines and hydrant on Poplar Street. The City will also create a developers agreement to establish cost for other adjacent properties to access this water main, seconded by Councilman Smith and carried with 5 ayes and I nay. Councilman Childress voting nay. City Engineer informed Council that City ordinances and building codes do not include regulations for travel trailers, therefore, a Temporary Use Permit is not needed as requested by G.N. Clark to allow a 20' Camping Trailer be used as sleeping quarters at 1080 Hull street, however Fire Marshall Wernet requested G.N. Clark install a smoke detector in the travel trailer. On motion by Councilman Clauson, seconded by Councilman Grable, Council moved to remove from the table proposed Ordinance No. 1435 which would amend the existing Flood Damage Prevention Ordinance. Councilman Geiger moved to approve Ordinance No. 1435 adopting revised Flood Damage Prevention, seconded by Councilman Grable, and carried with 5 ayes and 1 any. Councilman Wilson voting nay. City Engineer Curles reported that Dennis Lamphere's request to lease a portion of City property on Old Clifton Road has been revised and for the City to consider allowing his proposed usage a zone reclassification of the property would be necessary. On motion by Councilman Clauson, seconded by Councilman Grable, Council removed Unfinished Business Item No. 6 from the Agenda. (Dennis Lamphere request to lease a portion of City property on Old Clifton Road). City Engineer Curles advised Council he has contacted owners of property adjacent to Verd Nichols, 706 Kitsap Street, and received their cooperation in trimming trees and shrubs. November 14, 1988 Page Five On motion by Councilman Geiger, seconded by Councilman Grable, Council moved to remove Unfinished Business Item No: 7 from the Agenda. (Verd Nichols, 706 Kitsap, request that the City prohibit property owners from allowing trees and shrubs to grow above the roof line of their homes.) 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. 11115-11215 in the total amount of $194,744.44 and October 1988 Payroll Warrant No. 109546-109656 in the amount of $104,050.97. Councilman Wilson, Chairman Street/Alley Committee, reported the Committee has been unable to agree on a recommendation for Design Engineer on the Bethel Avenue Widening Project. On motion by Councilman Wilson, seconded by Councilman Geiger, Council adopted Street/Alley Committee's recommendation that the selection of Design Engineers for Bethel Avenue Widening Project be made by full Council at their regular November 28, 1988 meeting. Vote to be by two written ballots. The first ballot to reduce the choice to two and the second ballot to choose between these two firms. On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to temporarily waive rezone requirement (Ordinance No. 1099) to include sidewalk construction on west side of Mitchell Avenue (Southwest corner of Mitchell Ave/Dwight Street intersection) contingent upon property owner signing agreement to participate in future sidewalk construction in this area. The agreement will be recorded with County Auditor as part of land title records. On motion by Councilman Clauson, seconded by Councilman Wilson, Council moved to authorize the Mayor to sign an agreement with the U.S. Customs Service to designate Police Officer Schuster a Customs Officer. On motion by Councilman Clauson, seconded by Councilman Grable, Council declared the following five vehicles as surplus and authorized their disposal in the best interest of the City. These vehicles were obtained during drug seizures. YEAR MAKE & MODEL LICENSE NO. REGISTRATION NO. 1962 Chevrolet Pickup 29090N 2C1540121006 1973 Ford Pinto UCR-201 3RIIX174894 1972 Ford LTD KWS-324 2P68HI16484 1974 Mercury Cougar K55-575 4A935535711 1971 Datsun Pickup PX-3064 PL521477536 Councilman Clauson moved to approve Kitsap County Fire District No. 7's request to expand area covered by existing Mutual Aid Agreement and authorized the Fire Department to be first responder to McCormick Woods and area south of Port Orchard City limits bordered by Sidney Road to Dogwood Road/Deep Lake Road, seconded by Councilman Grable and carried with 5 ayes and I nay. Councilman Wilson voting nay. November 14, 1988 Page Six On motion by Councilman Wilson, seconded by Councilman Grable, Council moved to create one loading zone in front of Jordan Department Store (639 Bay). On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the Community Service Personnel to assist in installation of Christmas decorations downtown on Bay Street. On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to authorize the Downtown Merchants Association to hang a public address system on the downtown marquee during the 1988 Christmas season. City Engineer Curles requested December 12, 1988 at 8:15 PM be set as date and time for a Public Hearing to consider the proposed Comprehensive Park Plan. Meeting adjourned at 10:27 PM. CLERK MAYOR November 14, 1988 HORCH/HERBOLD CO., INC. ATTACHMENT "A" LEGAL DESCRIPTION SW 1/4, SECTION 36, TOWNSHIP 24 NORTH, RANGE I 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*54106" 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.