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03/28/1994 - Regular - MinutesPort Orchard, Washington March 28, 1994 Council of the City of Port Orchard, Washington, called to regular session by Mayor Pro-tem John Clauson at 7:30 PM. Councilmembers present: Childress, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Police Chief Mathews, City Engineer Curles, City Planner Brown, Fire Chief Snow, Deputy Clerk Hager, City Attorney McCloskey and City Clerk Parks. Mayor Pro-tem Clauson led the audience and Council in the Pledge of Allegiance. Mayor Pro-tem Clauson called for audience comments for items not listed on this Council agenda. No response was received. On motion by Councilman Grable, seconded by Councilman Morrison, Council approved Consent Agenda items as follows: 3a. Approve draft minutes of March 14, 1994 Council meeting, with following correction: Page 1, Paragraph 10 - change committee designation from Public Property Committee to Finance Committee. 3b. Payment vouchers as follows: Claims Warrant No. 20285-20344 in the amount of $33,261.69. 3c Resolution No. 1664 adopting Planning Commission Resolution No. 206- 94 and approving a Special Use Permit to Leslie J. Weatherill to allow a garage within a Residential Low Zone to be converted to a dental lab. Mayor Pro-tem John Clauson presented Statement of Goals for the Alliance of Southworth Commuters which has been submitted with a request seeking Council support. Mayor Protem Clauson referred matter to Growth Management Committee. On motion by Councilman Van Zee, seconded by Councilmembers Morrison and Powers, Council approved a 5 year extension of Puget Power's Temporary Use Permit allowing use of a mobile structure at 1430 Retsil Avenue. Mayor Pro-tem Clauson opened the 7:35 PM Public Hearing regarding a proposal to vacate a portion of Bay Street and a portion of an unnamed right of way located between Lots 23 and 32, Sidney Tidelands, Randy Jones, applicant. LEGAL DESCRIPTION: That portion of Government Lot 3, and the First Class Tidelands adjoining Section 25, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Commencing at the Southeast corner of Lot 1, Block 23, Plat of Annapolis, according to the plat thereof, recorded in Volume I of Plats, Page 64, records of Kitsap County, Washington, which is the True Point of Beginning; thence 85 feet Northeasterly along the West margin of the Bay Street right of way; thence 35 feet Southeasterly along a line perpendicular to the West margin of said Bay street; thence 85 feet Southwesterly along a line parallel to the West margin of said Bay street; thence 35 feet Northwesterly along a line which is perpendicular to the West margin of said Bay street to the True Point of Beginning AND TOGETHER WITH the un-named right of way which is West of Bay Street and is between Blocks 23 and 32, Sidney Tidelands. March 28, 1994 Page 2 of 4 City Clerk Parks gave staff report and reviewed history of the proposed vacation and RCW 35.79.035 (Limitations on Vacations of streets abutting bodies of water - procedure) citing the City of Port Orchard Urban Waterfront Walkway Plan which was adopted by Resolution No. 1392 (5/28/85). This Plan commonly known as the Kasprisin Plan compiled right of way inventory abutting Sinclair Inlet and conducted study to identify suitable areas for public access uses. In addition to the monetary required compensation, Mr. Jones, the applicant, has offered the city two parcels (Tideland Lots 3 & 4, Block 32, Plat of Annapolis. Lots 3 & 4 are adjacent to city right of way on Mitchell Point and would enhance accessibility to rest/viewing point which is proposed in the Kasprisin Plan. Mayor Pro-tem Clauson called for input from those either for or against the proposed vacation of a portion of Bay Street and a portion of an unnamed right of way. As no response was received, Mayor Pro-tem Clauson closed the public input portion of the hearing and referred matter to Council for consideration. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council approved the vacation of a portion of Bay Street right of way which is located on the west side of Bay Street approximately 100 feet south of Mitchell Point (approximately 2,975 square feet) together with the unnamed right of way which is west of Bay Street between Blocks 23 and 32, Plat of Annapolis, according to Plat ,ecorded in Volume 1 of Plats, Page 64, in Kitsap County, Washington. Compensation for such vacation is $3,500 and deed to Tideland Lots 3 & 4, Block 32, Plat of Annapolis, according to plat recorded in Volume 1 of Plats, Page 64, in Kitsap County Washington. Approval is conditioned upon receipt of title on said Lots 3 & 4, Block 32, which is free and clear of encumbrances and defects except those acceptable to the City. Mayor Pro-tem Clauson adjourned Council into executive session to discuss Public Works Labor Agreement negotiations for 15 minutes. On motion by Councilman Geiger, seconded by Councilman Morrison, Council ratified a one year Public Works Labor Agreement. Revisions include, but are not limited to, a 3% Cost of Living Wage increase, effective October 1, 1993. On motion by Councilman Geiger, seconded by Councilman Morrison, Council removed from table, discussion on a request to amend two items depicted on Harrison Hospital site specific plan: 1) replace ornamental intersection paving with asphalt paving with stripped crosswalks; 2) plat 6--7' trees instead of 8' trees. After much discussion, Councilwoman Powers, seconded by Councilman Morrison, set April 25, 1994 at 7:35 PM as date and time of a public hearing to receive testimony and consider proposed revisions to the Harrison Hospital site specific plan. March 28, 1994 Page 3 of 4 On motion by Councilman Morrison, seconded by Councilwoman Powers, Council rescinded order for Parker Outdoor Sign Co to remove billboard structure which is located on the Knights of Phythias property (Bethel Avenue). The cost to repair the sign which had blown over in a wind storm was minimal and thus is not subject to the sign moratorium. On motion by Councilman Morrison, seconded by Councilman Geiger, Council approved placement of sign within public right of way (2453 Bethel Avenue) as requested by Randy Hanson on behalf of Norm Olson and Associates, authorization contingent upon City Engineer approval of sign and location and condition that the sign must be removed at owners expense upon city request. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council approved Fathoms 0' Fun Application for Public Event. 1994 Fathoms 0' Fun Festival events are scheduled June 24 through July 4, 1994 and further authorized the closure of Bay Street on June 25, 1994 for the Grand Parade. The grand parade is the only event situated on public property. Mayor Pro-tem Clauson opened the 8:30 PM continued Public Hearing regarding the draft Comprehensive Plan, continued from March 14, 1994 Council meeting and requested staff report from City Planner. City Planner Brown presented the proposed schedule for completion of discussions and consideration on the Draft Comprehensive Plan. Council members concurred on the following meeting schedule: March 30 -- Land Use Element April 13 -- Land Use and Vision Elements April 27 -- Land Use and Vision Elements May 11 -- Critical Areas and Parks & Open Space Elements May 18 -- Capital Facilities and Utilities Elements May 25 -- Housing Element and Land Use Map June 8 -- Housing Element and Land Use Map June 15 -- Transportation Element and Land Use Map June 22 -- As needed June 29 -- Final Discussion and Adoption of Comprehensive Plan City Planner Brown also reviewed the proposed Land Use --goals and policies element of the draft Comprehensive Plan. Council members directed Planner to develop alternative wording on draft policy which states, "The City shall preserve, protect and enhance environmentally sensitive areas.". On motion by Councilman Geiger, seconded by Morrison, Council continued the Draft Comprehensive Plan Public Hearing to March 30, 1994 at 7:30 PM to further discuss the Land Use Elements. On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the City Engineer to accept the price quote from Apply -A -Line for the March 28, 1994 Page 4 of 4 1994 Street Stripping Contract in the amount of $6,182.00 On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the Mayor to sign three Community Development Block Grants to assist the community in the following projects: (1) Central Playfield Restroom project; (2) Municipal Court, ADA Access project; and (3) Library Expansion project. On motion by Councilman Van Zee, seconded by Councilman Geiger, Council authorized the Mayor to sign the contract with Applied Engineering Services to prepare the Comprehensive Plan Environmental Impact Statement at a cost of $11, 760. On motion by Councilman Morrison, council authorized the City Engineer to turn outstanding parking citations over to Allied Credit for collection, seconded by Councilman Grable and carried. Motion passed with 4 ayes and 3 nays. Councilmembers Childress, Van Zee and Powers voted nay. On motion by Councilman Geiger, seconded by Councilman Morrison, Council adopted Resolution No. 1665 establishing a Faulty Water Meter Policy. At the request of Fire Committee Chair, Don Morrison, Council designated the topic for the April 4, 1994 City Council study Session to be Fire Department facilities, Fire Department Residency Program, and other Fire Department related matters. Meeting adjourned at 10:00 P.M. CITY CLERK OR PRO-TEM CLAUSON