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11/24/1986 - Regular - MinutesPort Orchard, Washington November 24, 1986 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Wilson, Childress, Geiger, Lloyd, Grosso and Grable. Councilman Clauson excused. Also present: City Attorney McCluskey, City Treasurer Miller, Police Chief Mathews, City Engineer Curles, Fire Chief Snow, Administrative Assistant Thomas and City Clerk Hower. City Engineer Curles 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 10, 1986 meeting and November 17, 1986 Special Meeting as distributed. Ann Mooyman, Bay Street Merchants Association, gave a brief outline of the Christmas plans and activities. Mrs. Mooyman offered on behalf of herself and her husband, Art Mooyman, to provide a Christmas Tree for the City. Councilman Wilson moved to accept the gift of a Christmas Tree from Art and Ann Mooyman for the City of Port Orchard, seconded by Councilman Grable and carried. Councilman Grosso requested the City Attorney investigate the legality of religious banner hangings in the City of Port Orchard. Mayor Weatherill opened Public Hearing scheduled for 7:45 PM, regarding proposed amendment to Port Orchard Zoning Ordinance No. 1163 to establish rules and regulations to allow Group Homes within the City of Port Orchard. City Engineer Curles delineated the proposed ordinance amendments. Mayor Weatherill called for public input for and/or against the proposed amendment regarding rules and regulations to allow Group Homes within the City of Port Orchard. No response. Councilman Grosso moved to approve Ordinance No. 1367, amending Ordinance No. 1163, and establishing rules and regulations to allow Group Homes within the City of Port Orchard, seconded by Councilman Lloyd and carried. Councilman Grosso moved to allow the Family Pancake House to place two commercial signs on City right-of-way, following the City Standards for signs, seconded by Councilman Grable and carried. Council discussed Claim for Damages as submitted by Port of Bremerton in the amount of $1,079.89 for U.L.I.D. No. 1, Account No. 40530130070202. City Treasurer and City Engineer reported findings of investigation on Port of Bremerton Claim for Damages relevant to U.L.I.D. No. 1, stating it appears this is a non-existent parcel of property. Councilman Grosso moved to allow the Claim for Damages as submitted by the Port of Bremerton, Account No. 40530130070202, in the amount of $1,079.89, seconded by Councilman Grable and carried. November 24, 1986 Page Two Mayor Weatherill opened Public Hearing scheduled for 8:00 PM, regarding reconsideration of Condition No. 1 of Ordinance No. 1327 which describes the requirement for the water supply system of the proposed Sedgwick Mall which is located on the Southwest Quadrant of the intersection of Sedgwick Road and SR16. LEGAL DESCRIPTION: SW 1/4, NW 1/4, Section 11, Township 23, North, Range 1 East, W.M.W: Except portion East of county road, except road and except state highway. City Engineer Curles gave a brief outline of the proposed revision of Condition No. 1 of Ordinance No. 1327. Mayor Weatherill called for public input for and/or against the revision of Condition No. 1 of Ordinance No. 1327. Fred Kagel, Civil Engineer, representing Roland and Roland, concurred with the proposed revision of Condition No. I of Ordinance No. 1327. Kenneth Powell, Meline Road, also concurred with the proposed revision however, expressed concern regarding the private wells and septic tanks in the area. Mayor Weatherill closed public input portion of Public Hearing on proposed revision of Condition No. 1 of Ordinance No. 1327. Councilman Grosso moved to adopt the revision of Condition No. 1 of Ordinance No. 1327, as recommended in Planning Commission Resolution No. 73-86 (Attachment "A"), for the proposed Sedgwick Mall which is located on the Southwest Quadrant of the intersection of Sedgwick Road and SR16, seconded by Councilman Childress and carried. LEGAL DESCRIPTION: SW 1/4, NW 1/4, Section 11, Township 23 North, Range 1 East, W.M. Except portion East of county road, except road and except state highway. Norm McLoughlin of Kitsap County Housing Authority, addressed Council regarding the Rental Rehabilitation Grant Application. Councilman Grosso moved to authorize the Mayor to sign the grant application, and accept the Memorandum of Understanding for the grant application, seconded by Councilman Grable and carried. Mayor Weatherill called for recess and reconvened meeting at 8:50 PM. Councilman Wilson moved to adopt Resolution No. 1435, authorizing the Port Orchard City Treasurer to accept funds for the investigation and apprehension of persons criminally involved in the sale, distribution and use of narcotic and dangerous drugs, seconded by Councilman Grosso and carried. Councilman Grosso moved to approve Ordinance No. 1364, creating a "Special Investigative Unit (SIU) Fund" for the purpose of accepting monies for police investigations, seconded by Councilman Grable and carried. Councilman Wilson moved to approve Ordinance No. 1365, establishing a special investigative unit (SIU) imprest fund, seconded by Councilman Grosso and carried. Councilman Grosso moved to approve Ordinance No. 1366, amending the budget for the year 1986 and ordering appropriation of funds, authorizing transfer of funds from Local Improvement Guaranty Fund to the Current Expense Fund, seconded by Councilman Wilson and carried. November 24, 1986 Page Three Councilman Lloyd reported on Public Building Committee meeting with real estate representative for owners of 560 Bay Street. Councilman Geiger moved to express interest in pursuing the acquisition of property at 560 Say Street, seconded by Councilman �/g/PC Grosso Jack Fitzgerald, representing owners of 560 Bay Street, addressed council regarding the proposed selling contracts and answered questions from Council. Councilman Geiger moved to amend motion to express interest in pursuing the acquisition of property at 560 Bay Street, to include the authorization for appraisal of the property at 560 Bay Street, seconded by Councilman Grosso. and carried with 4 ayes and 2 nays. Councilmen Wilson and Childress voting nay. On original motion as amended to express interest in pusuing the aquisition of 560 Bay Street and to order an appraisal of the property, seconded and carried with 4 ayes and 2 nays. Councilmen Wilson and Childress voting nay. Clarence Dahlke, addressed Council regarding a complaint of incorrect addresses on parking tickets. Chief Mathews assured Mr. Dahlke the addresses on parking tickets have all been changed to indicate Municipal Courts address of 736 Prospect Street. Councilman Geiger moved to adopt a policy for having no commercial signs placed on city right -of way on Tremont east of Sidney to city limits, seconded by Councilman Grosso and carried. Mayor Weatherill recessed Council into executive session for 3 minutes to discuss contract amounts for Public Defender and City Attorney. Councilman Grosso moved to increase proposed 1987 Fire Department budget by $10,000 and to increase sales tax revenue by $10,000, seconded by Councilman Grable 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. 7957-7988 in the total amount of $41,785.05. Councilman Grosso moved to authorize the Mayor to sign the proposed work change for the Sludge Dewatering Facility in the amount of approximately $2,000.00, seconded by Grable and carried. Councilman Wilson moved to authorize the Mayor to accept and sign the Relocation Program Plan for Tremont Street right-of-way, seconded by Councilman Geiger and carried. Coucilman Geiger moved to authorize the Mayor to sign Change Order No. I for the Harrison Water Main in the amount of approximately $1,380.00 plus tax, seconded by Councilman Grosso and carried. Councilman Geiger moved to deny for easement to locate telephone at 736 Prospect Street, seconded carried. Meeting adjourned at 10:55 P.M. f Ce---CLERK November 24, 1986 Page Four Pacific Northwest Bell request equipment boxes on city property by Councilman Grable and MAYOR City Council sleeting Attachmep~t "All 11/14/86 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 73-86 A RESOLUTION BY THE PORT ORCHARD PLANNING COFMMISSION RECOMMENDING THAT THE CrrY COUNCIL AMEND ORDINANCE ##1327, CONDH'ION OF APPROVAL #1, [EXTENSION OF THE MUNICIPAL WATER SYSTEM TO PROVIDE ADEQUATE FIRE FLOW AND DOMESIAC USAGE, AS SET FORTH BY 1984 COMPREHENSIVE WATER PLAN] WHEREAS, The City Council has determined that an amendment or modification of condition number 1 of the rezone would be in the best interest of the City. Zoning Ordinance #1163, Chapter 9, requires that any amendment, modification or alterations of an approved rezone be processed in the same manner provided for reclassification. The City Council requested that the Planning Commission hold a public hearing to review condition #1 of the rezone, and WHEREAS, a public hearing was held on 20 October 1986 and that the Planning Commission considered the findings of facts, the testimony and material presented at the hearing, and WHEREAS, the requirement that the developer pay for water /sewer extension and iniprovemenr.s needed to serve his development are clearly a fair and reasonable means for the city to offset the impact placed on its system by the influx of new users, and WHEREAS, historically the costs required to provide adequate utilities and services to the site, that occur as a direct result of the development, has been borne by the developer, and WH REAS, no additional public costs should be shifted to the general taxpayer as a result of the City of Port Orchard taking on the obligation of utility services, and %k'HEREAS, the proposed commercial development has been found to be desirable for the development of the community. (Council approval of Ordinance #1327) WE THEREFORE FIND: that the proposal to change Condition #1 of Ordinance #1327 and the conditions stated are in the best interest of the City and are deemed necessary to protect the public health, safety and general welfare. CONCLUSION: Based on the findings of facts, the testimony and materials presented at the public hearing, we therefore conclude that that the proposal to change Condition #1 of Ordinance #1327 , would be in harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. BE rr RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve a revision of Ordinance #1327, Condition # 1 to read as follows: At no expense to the City, the Developer shall design and construct a water system which is technically adequate and approved by both the City Engineer and Fire Chief. The water system shall be designed by a licensed engineer in the State of Washington and be constructed prior to the start of construction of the actual structures in this development. The City reserves the right to require that the Developer deed the water system to the City of Port Orchard upon acceptance by the City Engineer. And subject to the condition of approval that: A hydrogeological study be made and included in the design of the system, to be approved by both the City Engineer and Fire Chief. PASSED this 20 day of October 1986 CITY OF PORT ORCHARD PLANNING COMMISSION &, Y4 )4&VV,,W O, o hn Ho anson, Chairman ATT EST. Rlut h Strube, Secretary