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12/12/1988 - Regular - MinutesPort Orchard, Washington December 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 absent (excused -page 6) Staff present: City Attorney McCloskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Police Chief Mathews 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 November 28, 1988 meeting as circulated. On motion by Councilman Powers, seconded by Councilman Geiger, Council approved the minutes of the December 5, 1988 Special Meeting as amended and distributed. Mayor Weatherill announced Blessed Margaret Orthodox Catholic Church has withdrawn their application for a Special Use Permit to allow conversion of an existing day care facility into an adult residential care facility at 601 Jones Drive. The 8:30 PM Public Hearing which was scheduled to take input and testimony on this application has been cancelled. Dan Ahrens requested a six month extension of the Temporary Use Permit which was issued to allow him to reside in a mobile home at 1911 Sidney while remodeling an existing structure on this site. Temporary Use Permit was issued 1/27/86 with one year extensions granted in 12/86 and 11/87. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved Dan Ahrens request for a six month extension, for a Temporary Use Permit to allow him to reside in a mobile home at 1911 Sidney while remodeling the existing structure at this site. Extension will expire on 7/27/89. City Clerk read proposed contract submitted by Frank Smith, Master Carver, from the Makah Tribe of Neah Bay Contract is to furnish a finished totem pole approx. 20 feet in height by May 1, 1989 at a cost of $2,500. On motion by Councilman Geiger, seconded by Councilman Wilson, Council authorized the Mayor to sign Totem Pole Contract presented by Frank Smith, Master Carver, Makah Tribe of Neah Bay, to furnish a finished totem pole approximately 20 feet in height by May 1, 1989 at a cost of $2,500. Funding for the Totem Pole is to be from Federal Shared Revenue Fund and the General Fund. Mayor Weatherill addressed letter from Ace Comstock requesting In -Lieu -of -Assessment Fee for water hook-up be waived for Mr. & Mrs. John Hull at 151 Poplar Street. The Mr. & Mrs. Hull are participating in construction cost of water main installation on Popular Street. Councilman Geiger moved to waive In -Lieu -of -Assessment Fee for water hook-up for Mr. & Mrs. John Hull at 151 Poplar Street. All other charges for the water hook-up are to be paid prior to connection of water service, seconded by Councilman Clauson and carried. December 12, 1988 Page Two On motion by Councilman Clauson, seconded by Councilman Grable, Council referred Claim for Damages submitted by Edward & Cynthia Zielinski for water damages at 1113 Tacoma Street to the City's insurance carrier. Mayor Weatherill opened Public Hearing scheduled at 7:45 PM regarding Petition to Vacate Plat of Rylander Addition to Port Orchard as submitted by Tudor and Associates. LEGAL DESCRIPTION: The east half of Lot 4 and all of Lot 5, Block 1, Haywards Home Tracts, as per Plat recorded in Volume 6 of Plats on page 46, records of Kitsap County, Washington. Herbert Loop, representing Tudor and Associates, stated owners have requested Vacation of this Plat because of potential sale of property. Upon closing of sales transaction the ULID Assessments will be paid and the owners agree to grant sewer easement to the City. Mayor Weatherill called for additional public input. As no further response was received from the public, Mayor Weatherill closed Public Hearing and referred proposed Petition to Vacate Plat of Rylander Addition to Port Orchard to Council for their consideration. On motion by Councilman Wilson, seconded by Councilman Grable, Council approved Petition as submitted by Tudor and Associates to Vacate Plat of Rylander Addition to Port Orchard subject to easement for City sewer lines. LEGAL DESCRIPTION: The east half of Lot 4 and all of Lot 5, Block 1, Haywards Home Tracts, as per Plat recorded in Volume 6 of Plats on page 46, records of Kitsap County, Washington. Mayor Weatherill opened Public Hearing scheduled for 8:00 PM to take testimony regarding Petition to Vacate a portion of an unnamed alleyway which runs north -south between Port Orchard Boulevard and Tremont Street (Gary P. Wasilchen, owner of record). LEGAL DESCRIPTION: Situated in Section 35, Township 24, North, Range 1 East, Kitsap County, Washington; That unnamed alley which is between Lots 6 to 25, Block 2 and Lots 12 to 25, Block 1, Harrison Park Addition to Sidney, excluding any portion of the unnamed alley that extends into the right-of-way of Port Orchard Boulevard and excluding the south 20 feet of the said alley. Recorded in Volume 2, page 21, records of Kitsap County. City Engineer briefed Council on location of subject property. Mayor Weatherill called for public input in favor of or against the proposed Petition to Vacate a portion of an unnamed alleyway running north -south between Port Orchard Boulevard and Tremont Street. Gary Wasilchen, applicant, availed himself to answer questions from the Council. Mayor Weatherill called for further input in favor of or against the proposed petition to vacate a portion of an unnamed alleyway. As no response was received Mayor Weatherill closed Public Hearing and referred matter to Council for their consideration. December 12, 1988 Page Three Councilman Wilson moved to approve Petition to Vacate a portion of an unnamed alleyway, running north -south between Port Orchard Boulevard and Tremont Street, subject to owners granting an easement to the City of Port Orchard for utilities, seconded by Councilman Grable and carried. LEGAL DESCRIPTION: Situated in Section 35, Township 24, North, Range 1 East, Kitsap County, Washington; That unnamed alley which is between Lots 6 to 25, Block 2 and Lots 12 to 25, Block 1, Harrison Park Addition to Sidney, excluding any portion of the unnamed alley that extends into the right-of-way of the Port Orchard Boulevard and excluding the south 20 feet of the said alley. Recorded in Volume 2, page 21, records of Kitsap County. On motion by Councilman Grable, seconded by Councilman Wilson, Council authorized property trade in -lieu of compensation for that portion of alleyway vacated to Gary Wasilchen and authorized Mayor Weatherill to sign Quit Claim Deed transferring alleyway situated between Block 1 and Block 2 of the Plat of Harrison Park Addition to Sidney to Gary Wasilchen. City will receive, from Mr. Wasilchen, Quit Claim Deed for 20' of property adjacent to City right-of-way located on the northeast corner of Port Orchard Boulevard and Tremont Street. Mayor Weatherill called for recess with meeting to reconvene at 8:20 PM. Mayor Weatherill opened Public Hearing scheduled for 8:15 PM regarding proposed Comprehensive Park Plan for the City of Port Orchard. City Engineer Curles reviewed the current status and projected needs of City Parks Outlining how the proposed Comprehensive Park Plan will aid in meeting goals. Mayor Weatherill called for public input either for or against the proposed Comprehensive Park Plan. No response was received. Mayor Weatherill closed Public Hearing regarding the proposed Comprehensive Park Plan for the City of Port Orchard. On motion by Councilman Wilson, seconded by Councilman Grable, Council adopted Resolution No. 1502 establishing the City of Port Orchard Comprehensive Park Plan. Mayor Weatherill announced again that Blessed Margaret Orthodox Catholic Church has withdrawn their application for a Special Use Permit to allow conversion of an existing day care facility into an adult residential care facility at 601 Jones Drive. The 8:30 PM Public Hearing scheduled to take input and testimony on this application has been cancelled. After discussion, Council held over proposed Ordinance No. 1442 (setting requirements for connection to the public sewer system) to the December 27, 1988 Council meeting. On motion by Councilman Clauson, seconded by Councilman Grable, Council approved Ordinance No. 1439 repealing Ordinance No. 1376 relating to flood damage prevention. December 12, 1988 Page Four Mayor Weatherill opened Public Hearing scheduled for 8:45 PM regarding application for a Special Use Permit to allow conversion of an existing residence into an office for appraisal business at 314 Division, Paul and Lynn Olson, owners of record. LEGAL DESCRIPTION: Section 26, Township 24 North, Range 01 East W.M., Central Addition Sidney Replat, Block 004, Lot 10 to 13. Paul Olson, applicant, outlined the proposed use of the building at 314 Division and submitted for the record a listing of names and addresses of neighbors in support of the Special Use Permit. Mayor Weatherill called for further public input in favor of or against the application for a Special Use Permit to allow conversion of an existing residence into an office for appraisal business at 314 Division. As no response was received from the public, Mayor Weatherill closed Public Hearing and referred proposed Special Use Permit to Council for their consideration. On motion by Councilman Wilson, seconded by Councilman Grable Council approved issuance of a Special Use Permit to allow conversion of an existing residence into an office for appraisal business at 314 Division, Paul & Lynn Olson, owners of record. LEGAL DESCRIPTION: Section 26, Township 24 North, Range 01 East W.M., Central Addition Sidney Replat, Block 004, Lot 10 to 13. On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved Ordinance No. 1440 adopting the budget for the year 1989. Councilman Geiger moved to approve proposed Resolution No. 1503 authorizing investment of City monies in the Kitsap County Treasurer's Investment Pool, seconded by Councilman Clauson. Councilman Geiger moved to amend paragraph 6 of proposed Resolution No. 1503 to read "...authorized to order the deposit in or withdrawal of monies from the Kitsap County Treasurer's Investment Pool", seconded by Councilman Clauson and carried. Original motion as amended to approve Resolution No. 1503 authorizing investment of City monies in the Kitsap County Treasurer's Investment Pool with paragraph 6 amended to read "...authorized to order the deposit in or withdrawal of monies from the Kitsap County Treasurer's Investment Pool", carried with 5 ayes and I nay. Councilman Powers voting nay. Mayor Weatherill opened Public Hearing scheduled for 9:00 PM regarding Petition for Annexation into City of Port Orchard, (approximately 2300-2500 Block of West Street), Price/Minor petitioners. LEGAL DESCRIPTION: Attachment "A" City Engineer Curles described the area proposed for annexation. Mayor Weatherill called for further public input in favor of or against the Petition for Annexation into City of Port Orchard, (approximately 2300-2500 block of West Street), Price/Minor petitioners. As no response was received from the public, Mayor Weatherill closed Public Hearing and referred Petition for Annexation into City of Port Orchard to Council for their consideration. December 12, 1988 Page Five On motion by Councilman Wilson, seconded by Councilman Clauson Council approved Ordinance No. 1441 relating to and providing for the annexation of territory, (approximately 2300-2500 Block of West Street), into the City of Port Orchard, Price/Minor Petitioners. LEGAL DESCRIPTION: Attachment "A". Mayor Weatherill adjourned Council into executive session for 10 minutes to discuss legal matter with meeting to reconvene at 9:15 PM. Mayor Weatherill reconvened Council into regular session and ask if anyone had additional new business to bring forward. Councilman Wilson reported Mary Coe has submitted a letter to the Street/Alley Committee requesting a loading zone be established in front of 802 Bay Street. Councilman Wilson moved to approve the creation of a loading zone in front of 802 Bay Street, seconded by Councilman Geiger. Councilman Geiger moved to amend motion to restrict hours of loading zone to Monday through Saturday from 8:00 AM to 6:00 PM, seconded by Councilman Wilson and carried. Council unanimously approved the original motion as amended to authorize a loading zone in front of 802 Bay Street with loading zone usage restricted to Monday through Saturday, 8:00 AM to 6:00 PM. Parking space may be used for regular parking at all other times. Councilman Wilson, Chairman Street/Alley Committee, submitted the Committee's recommendation to deny Port Orchard branch of Kitsap County Regional Library Board request that a 15 minute loading zone be established west of library on Sidney Avenue. The location proposed by the Library Board for the loading zone is not large enough to meet length requirement for a loading zone. On motion by Councilman Wilson, seconded by Councilman Geiger Council denied Port Orchard branch of Kitsap County Regional Library Board request that a 15 minute loading zone be established west of library on Sidney Avenue. On motion by Councilman Childress, seconded by Councilman Clauson, Council removed from the table proposed Ordinance No. 1430 relating to abandoned, unauthorized and junk vehicles. Councilman Clauson moved to approve Ordinance No. 1430 relating to abandoned, unauthorized and junk vehicles, 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 Geiger, seconded by Councilman Grable, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 11269-11336 in the total amount of $120,044.04 and November 1988 Payroll Warrant No. 109547-109766 in the amount of $104,812.11. December 12, 1988 Page Six On motion by Councilman Powers, seconded by Councilman Grable Council excused Councilman Smith's absence. On motion by Councilman Clauson, seconded by Councilman Grable, Council declared as surplus bicycles the Police Department have acquired and authorized their disposal in the best interest of the City. Police Department may donate the bicycles to Toys for Tots and the Volunteer Fire Department Association. On motion by Councilman Geiger, seconded by Councilman Grable Council authorized Judge Dolan to proceed with the acquisition of a computer from the State of Washington at a cost of approximately $600 for a dedicated electrical line and computer training. Councilman Powers moved to authorize the Mayor and Chief Mathews to sign an Interlocal Agreement with the U.S. Marshall's Office for the transportation of prisoners, seconded by Councilman Grable and carried. On motion by Councilman Wilson, seconded by Councilman Clauson Council authorized the Mayor to sign documents exchanging an existing a 6' drainage easement for a 12' drainage easement on property owned by Dolores E. Capps at the corner of Tracy and Lawrence. LEGAL DESCRIPTION: Lot 6, Block 30 and Lot 10, Block 26, all in Annapolis, according to plat recorded in Volume I of Plats, page 64, in Kitsap County, Washington; EXCEPT the westerly 40 feet of said Lot 6, Block 30; AND EXCEPT that portion of said Lot 10, Block 26, which lies west of the easterly line of the westerly 40 feet of said Lot 6, Block 30, produced southerly to the southerly line of said Lot 10, Block 26; TOGETHER WITH that portion of vacated Prospect Court which would attach by operation of law. Said easement being included within a strip of land twelve feet in width and described as follows: The northwesterly 12 feet EXCEPT that portion lying southerly of a line drawn parallel to and 6 feet south of the centerline of vacated Prospect Court. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the City Engineer to proceed with replacing the floats at the Coast to Coast Lift Station. On motion by Councilman Clauson, seconded by Councilman Geiger Council authorized the Mayor to sign the final Change Order in the amount of $7,100 for the Cedar Heights Pump Station. Councilman Clauson moved to instruct the Mayor to send a letter to the Puget Sound Air Pollution Control Agency voicing the City's strong opposition to Port Orchard being included within the Red Zone. Copies of letter to be sent to all legislators and the press. Meeting adjourned at 10:38 PM. CLERK MAYOR December 12, 1988 Attachment "A" A.W. PRICE/LEONARD MINOR LEGAL DESCRIPTION That portion of the SW 1/4, NE 1/4, the NE 1/4, SW 1/4 & NW 1/4, SE 1/4, Section 02, Township 23 North, Range 01 East, W.M., described as follows: Beginning 600 feet south and 30 feet east of the northwest corner of the southwest 1/4, northeast 1/4; thence west about 721 feet to the center of Blackjack Creek; thence southerly along said Creek to where it intersects with the north line of the northwest 1/4, southeast 1/4, said Section 02; thence east to a point that is 495 feet east of the northwest corner of the southeast 1/4 of Section 02; thence south 420 feet; thence west to the center of Blackjack Creek; thence northerly along the centerline of Blackjack Creek to where it intersects with the west line of the northwest 1/4, southeast 1/4; thence north along said west line to the southwest corner of the northeast 1/4 of Section 2; thence continue north along the west line of the northeast 1/4, 720 feet; thence east 30 feet to point of beginning.