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12/14/1987 - Regular - MinutesPort Orchard, Washington December 14, 1987 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Wilson, Geiger, Lloyd, Grosso and Grable. Also present: City Attorney McCluskey, Police Chief Mathews, City Engineer Curles, Fire Chief Snow, Deputy Clerk Thomas and City Clerk Hower. Councilman Childress excused due to illness. Councilman Geiger led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grosso, seconded by Councilman Grable, Council approved the minutes of the November 23, 1987 meeting as distributed with revised Page 2. On motion by Councilman Clauson, seconded by Councilman Grosso, Council approved the minutes of the December 7, 1987, Special Meeting with the following correction: Paragraph 1, Lines 6/7 delete "City Attorney" as present. Councilman Geiger moved to approve Ordinance No. 1402 adopting the budget for the year 1988 and levying a tax sufficient to raise $206,227 for Current Expense purposes and $168,268 for Street purposes, seconded by Councilmen Grable and Clauson, and carried. Kitsap County Sewer District No. 5 Commissioners Hart, Granquist and Gudger presented the City with a plaque which was received from the Northwest Region 10 Environmental Protection Agency as an Award of Excellence in Operation and Maintenance of the Wastewater Treatment Plant Facility. The Commissioners also presented Awards of Excellence to Chief Operator Lynn Goldin and plant operators Bob Alyea, Douglas Martin, Carl Jones, and Robert Pinkerton, with an special acknowledgement and thank you to City Engineer Larry Curles. Emily Helm, 221 Mitchell, voiced objections to a carport built at 210 Farragut. Engineer Curies explained the carport was constructed under an Administrative Variance. Richard Dunlap, representing Don Lindgren, requested Council authorize a garbage collection rate increase of $.90 per container to defray increased cost of operation as mandated by the Washington State Department of Ecology and the Washington State Legislature. George Lucas, 304 Farragut, objected to proposed $.90 per container garbage collection rate increase. After much discussion, Councilman Grosso moved to authorize a garbage collection rate increase of $.90 per container, effective January 1, 1988, to offset increased cost of operation as mandated by the Washington State Department of Ecology and the Washington State Legislature, seconded by Councilman Geiger and carried. Mayor Weatherill called for recess with meeting to reconvene at 9:20 PM. December 14, 1987 Page Two Mayor Weatherill opened Public Hearing scheduled for 7:45 PM. This is the final Public Hearing to establish a Comprehensive Plan Designation for property owned by W.E. Lumsden and Chuck Childress, et al, described as follows: Legal Description: Section 34, Township 24 North, Range 01 East; the NW 1/4 of the SW 1/4 Section 34, except the West 225 feet thereof and except the North 30 feet of said NW 1/4, SW 1/4; together with the South 1/2 of the NE 1/4 of the SW 1/4 and that portion of the NE 1/4, SE 1/4 lying Westerly of State Highway 16, except road.' Property owners have requested a Comprehensive Plan Designation of "Industrial". City Attorney McCluskey outlined Comprehensive Plan Map Designation Hearing process and procedures, explaining this was the final hearing on the Comprehensive Plan Map Designation. Mayor Weatherill called for public input in favor of establishing a Comprehensive Plan Map designation of "Industrial" for property owned by W. E. Lumsden, Chuck Childress, et al. Bill Broughton, Attorney for proponent, outlined current and potential future uses of subject property. Mayor Weatherill called for additional public input in favor of the City establishing a Comprehensive Plan Map designation of "Industrial". No response from audience. Mayor Weatherill called for public input opposed to Council establishing a Comprehensive Plan Map Designation of "Industrial" for the W.E. Lumsden and Chuck Childress, et al., properties. No response was received. Mayor Weatherill closed Public Hearing to establish a Comprehensive Plan Map Designation as submitted by W.E. Lumsden and Chuck Childress, et al. On motion by Councilman Wilson, seconded by Councilman Grabie, Council moved to establish a Comprehensive Plan Map Designation of "Industrial" for property owned by W.E. Lumsden and Chuck Childress, et al. Legal Description: SEC34 TWN34N RIE; THE NW1/4 OF THE SW 1/4 SEC34, EXCPT W225FT THEREOF AND EXCPT N30FT OF SD NWI/4, SW1/4; TGW S1/2 OF THE NE1/4 LYING WSTRLY OF ST HWY16, EXCPT ROAD. Mayor Weatherill opened Public Hearing scheduled for 8:00 PM regarding Petition for Annexation into the City of Port Orchard as submitted by W.E. Lumsden and Chuck Childress, et al. Legal Description: Section 34, Township 24 North, Range 01 East; the NW 1/4 of the SW 1/4 Section 34, except the West 225 feet thereof and except the North 30 feet of said NW 1/4, SW 1/4; together with the South 1/2 of the NE 1/4 of the SW 1/4 and that portion of the NE 1/4, SE 1/4 lying Westerly of State Highway 16, except road. City Engineer gave a brief description of the property proposed for annexation. Mayor Weatherill called for public input in favor of the proposed annexation of property into the City of Port Orchard. December 14, 1987 Page Three Bill Broughton, Attorney for proponent, availed himself for questions and urged Council to approve the proposed annexation as submitted by W.E. Lumsden and Chuck Childress, et al. Mayor Weatherill called for further input, in favor or opposed to the proposed Lumsden/Childress Annexation. As no response was received from public, Mayor Weatherill closed Public Hearing and referred proposed annexation to Council for discussion. Councilman Wilson moved to approve Ordinance No. 1403 relating to and providing for the Annexation of Territory to the City of Port Orchard as submitted by W.E. Lumsden and Chuck Childress, et al., seconded by Councilman Grable and carried. Mayor Weatherill called for a three minute recess. Mayor Weatherill opened Public Hearing scheduled for 8:15 PM regarding Petition for Vacation of a portion of Taylor Street right-of-way as submitted by adjacent property owners HMI, Gary Kucinski and Dr. Robert C. Browning. Mayor Weatherill called for public input in favor of proposed Vacation of a portion of Taylor Street right-of-way. Gary Kucinski, petitioner, addressed prospective uses of the property and requested Council approve Petition for Vacation of a portion of Taylor Street right-of-way. City Engineer Curles requested a 20' utility easement be retained by the City if this Vacation is approved. Mayor Weatherill called for public input from anyone opposed to the Petition for Vacation of a portion of Taylor Street right-of-way. No opposing input was received. Mayor Weatherill closed Public Hearing regarding Petition for Vacation of a portion of Taylor Street right-of-way as submitted by adjacent property owners Gary Kucinski (HMI) and Dr. Robert C. Browning. On motion by Councilman Clauson, seconded by Councilman Grable, Council moved to approve Petition for Vacation of a portion of Taylor Street right-of-way as submitted by adjacent property owners Gary Kucinski and Dr. Robert C. Browning. A 20' utility easement is to be retained by City and a completion date of one year was established for consummation of this action. Mayor Weatherill opened Public Hearing scheduled for 8:30 PM to consider a Petition for Annexation of property into the City of Port Orchard as submitted by Daniel J. and Barbara J. Case. Legal Description: Attachment "A". Mayor Weatherill called for public input in favor of or opposed to annexation of the Case property into the City of Port Orchard. As no response was received from public, Mayor Weatherill closed Public Hearing and referred proposed Annexation to Council for discussion. December 14, 1987 Page Four On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to approve Ordinance No. 1404 relating to and providing for the Annexation of Territory to the City of Port Orchard as submitted by Daniel J. and Barbara J. Case. Legal description: Attachment "A". Mayor Weatherill opened Public Hearing scheduled for 8:45 PM. This is the the first of two Public Hearings to establish a Comprehensive Plan Map designation for property owned by Daniel J. and Barbara J. Case. The owners have requested a Comprehensive Plan Map designation of Multiple Family 20. Legal Description: Attachment "A". City Engineer gave a brief outline of the subject property. Mayor Weatherill called for public input either for or against the City establishing a Comprehensive Plan Map Designation Multiple -family 20 for property owned by Daniel J. and Barbara J. Case. No response was received. Mayor Weatherill closed the first public hearing to consider establishing a Comprehensive Plan Map Designation of Multiple -family 20 and announced the second and final hearing will be January 11, 1988 at 7:45 PM. Tamie Hukill, Y.W.C.A. Executive Director, updated the Mayor and Council on status of the H.U.D. Grant Application for funds to rehabilitate 810 Bay Street as an emergency shelter. Ms. Hukill and Rebecca Guthrie, YWCA Boardmember and Financial Advisor also requested that an agreement be negotiated committing the City and the Y.W.C.A. to this project. After much discussion, Councilman Grosso moved to develop a Memorandum of Understanding between the City and the Y.W.C.A. to be submitted as part of the HUD grant application committing both parties to the rehabilitation of 810 Bay Street as an emergency shelter, seconded by Councilman Wilson and unanimously approved. Councilman Grosso moved to refer claim for damages as submitted by Ronald G. Beagles in the amount of $1,307.12 to the City's insurance carrier. This claim is for damages to motorcycle and other expenses, seconded by Councilman Grable. Councilman Geiger moved to amend motion to deny claim for damages as submitted by Ronald G. Beagles in the amount of $1,307.12, seconded by Councilman Wilson and carried. Council unanimously approved the original motion as amended to deny claim for damages as submitted by Ronald G. Beagles in the amount of $1,307.12 for damages to motorcycle and other expenses. On motion by Councilman Clauson, seconded by Councilman Grable, Council moved to extend parking time enforcement in the Central downtown Bay Street area from 6:00 PM to 8:00 PM on weekdays as requested by the Downtown Merchants Association as follows: Bay Street from Harrison west to Orchard Avenue; Frederick Avenue from waterfront parking lot south to Prospect Street; Sidney Avenue from waterfront parking lot south to Kitsap Street; Prospect Street from Sidney west to Bank Street and Bank Street from Prospect Street west to Bay Street. December 14, 1987 Page Five Councilman Clauson moved to approve Ordinance No. 1405 increasing the speed limit on Old Clifton Road from the west city limits to -it's intersection of Tremont Street to thirty five miles per hour, seconded by Councilman Grable and carried. Councilman Clauson moved to excuse Councilman Childress from the Council meeting due to illness, seconded by Councilman Grable and carried. Councilman Geiger moved to remove from table the abeyance of implementation of the 8AM - 8PM enforcement period for City Parking Lot #2, seconded by Councilman Clauson and carried with 5 ayes and 1 nay. Councilman Grosso voting nay. On motion by Councilman Geiger, Council moved to direct the Police Department to implement the 8AM to 8PM enforcement period for City Parking Lot No. 2, seconded by Councilman Clauson and carried with 5 ayes and 1 nay. Councilman Grosso voting nay. Councilman Geiger reported on sedimentation in Karcher Creek in the vicinity of the Wastewater Treatment Plant Facility and instructed City Engineer Curles write a letter of complaint or petition to the Department of Fisheries and other federal or state agencies requesting they have the parties causing this damage cleanup and restore the creek to natural flow, seconded by Councilman Grosso 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. 09508-09608 in the total amount of $129,058.95, and November, 1987 Payroll Warrant No. 108195-108307 in the amount of $94,599.08. Mayor Weatherill read letter submitted by Councilman Robert G. Lloyd stating that effective January 1, 1988, he is resigning from the City Council due to health reasons. Mayor Weatherill regretfully accepted Councilman Lloyd's resignation, thanking him for all the time and effort he has contributed to the City of Port Orchard and fellow Councilmen. Mayor Weatherill appointed Councilmen Clauson, Geiger and Grosso as a Screening Committee to review applications to fill Councilman Lloyd position and make recommendation for Council consideration. Meeting adjourned at 11:50 PM. r E. CLERK MAYOR December 14, 1987 Page Six ATTACHMENT A DANIEL J. BARBARA J. CASE ANNEXATION LEGAL DESCRIPTION LEGAL DESCRIPTION: THAT PORTION OF THE WEST 700.00 FEET OF GOVERNMENT LOT 1, SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M., LYING SOUTH OF STATE HIGHWAY NO 14 (sign Route No. 160) AND SOUTH OF WILKINS DRIVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE S 89*58'06" ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 500.00 FEET; THENCE N 0*23'00" E, 485.76 FEET ALONG A LINE PARALLEL TO THE WEST LINE OF GOVERNMENT LOT 1; THENCE N 0*23'00" E, 29.13 FEET; THENCE N 33*43'06" E, 30.11 FEET; THENCE N 29*17'36" E, 240.78 FEET; THENCE N 10*15'06" E, 116.96 FEET TO THE SOUTH MARGIN OF WILKINS DRIVE; THENCE NORTHWESTERLY ALONG THE SOUTH MARGIN OF WILKINS DRIVE TO THE POINT WHERE THE SOUTH MARGIN OF WILKINS DRIVE INTERSECTS WITH THE SOUTH MARGIN OF STATE HIGHWAY NO. 14 (Sign Route No. 160); THENCE WESTERLY ALONG THE SOUTH MARGIN OF STATE HIGHWAY NO. 14 TO WHERE IT INTERSECTS WITH THE WEST LINE OF GOVERNMENT LOT I; THENCE S 0*23'00" E ALONG THE WEST LINE OF SAID GOVERNMENT LOT I A DISTANCE OF 1194.03 FEET TO THE TRUE POINT OF BEGINNING.