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06/08/1998 - Regular - MinutesPort Orchard, Washington June 8, 1998 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 P.M. at City Hall, 216 Prospect Street. Councilmembers present: Clauson, Morrison, Geiger, Van Zee and Stansbery. Councilwoman Powers excused. Councilman Wyatt absent, excused page 3, paragraph 7. Staff present: Deputy Clerk Merlino, Acting Police Chief Loflin, City Planner Gross, City Engineer Curles, City Attorney Hanson, and Fire District 7 Contract representative, Assistant Chief Snow. Councilman Clauson led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. No comments were received. Princess Kara DeVeny representing the Kitsap Junior Rodeo, introduced herself and invited the Council and audience to attend the 1998 rodeo. Princess Kara also outlined the many events scheduled for the rodeo. Mayor Weatherill opened the 7:35 PM Public Hearing regarding the proposed Substantial Development Permit and Conditional Use Permit for the construction of a new wood bulkhead to protect existing access to the adjoining property. The applicant is Cliff Thompson Pile Driving at 1089 SW Bay Street. LEGAL DESCRIPTION: Section 34, Township 24, Range 1 East, West 100 feet of Lot 2 excluding the road and tideland frontage. City Planner Gross presented overheads illustrating the area in questions and gave a brief background on the proposed project. Planner Gross advised the substantial development permit and conditional use permit would allow construction of a bulkhead on the property directly adjacent to the applicants business and permission to back fill the area between the proposed bulkhead and the natural shoreline. Mayor Weatherill asked for audience comments either for or against the proposed substantial development permit and conditional use permit as submitted by Cliff Thompson of Thompson Pile Driving. Cliff Thompson, applicant spoke concerning the proposed project and stated he is trying to construct the bulkhead to protect the hill from sliding into the Bay. Mayor Weatherill asked for further audience comments regarding the proposed substantial development permit and conditional use permit as submitted by Cliff Thompson of Thompson Pile Driving. As no further comments were received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for their consideration. On motion by Councilman Van Zee, seconded by Councilman Morrison, Council adopted Resolution No. 1813 approving a Conditional Use Permit for Cliff Thompson for a new bulkhead and appropriate back fill. On motion by Councilman Van Zee, seconded by Councilman Morrison, Council adopted Resolution No. 1814 providing a Substantial Development Permit for Cliff Thompson for a new bulkhead and appropriate back fill. June 8, 1998 Page 2 of 4 Mayor Weatherill opened the 7:45 PM Public Hearing regarding an amendment to land use conditions affecting land use conditions for both Rockport Subdivision and Aidan Place Subdivision. The applicant and property owner is Jim James and the request is a revision in the sidewalk, planter stripe and the cross section of the road pavement requirements. Mayor Weatherill advised the applicant has requested a continuance of this Public Hearing to August 24, 1998 at 7:35 PM. Mayor and Council concurred with this request. City Engineer Curies reported no bids were received for the bid opening held June 4, 1998 at 4:30 PM regarding Sale of Surplus real estate property located adjacent to 1141 West Street. On motion by Councilman Clauson, seconded by Councilman Stansbery, Council declared a confiscated Excam .25 automatic handgun, serial number M172989, as surplus to the needs of the City, and authorized the Police Department to dispose of the firearm in the best interest of the City. Mayor Weatherill requested City Staff review proposed Ordinance No. 1725 relating to the collection and disposal of solid waste and recyclable materials. Robert Ojima, representing the Port Orchard Bay Street Association, submitted a letter requesting surplus Hotel -Motel Tax Monies. Mr. Ojima assured Council the Port Orchard -Bay Street Association has been a non-profit organization for many years. Mayor Weatherill advised Mr. Ojima to submit the documents to the City indicating the association has a non-profit tax status. On motion by Councilman Geiger, seconded by Councilman Stansbery, Council removed from table, tabled motion authorizing an expansion of the Kitsap Transit lease for property located at the former landfill from % acre to 1 1/2 with an initial lease rental fee of $185.00 per acre per month for 10 years with a renewal option for an additional 10 years and rent to be adjusted annually by the Seattle CPl-U index, and further Kitsap Transit will make the necessary improvements to the road at their own expense, contingent upon review by the City Attorney regarding the length of lease terms. On motion by Councilman Van Zee, seconded by Councilman Morrison, Council tabled motion, authorizing an expansion of the Kitsap Transit lease for property located at the former landfill from % acre to 1 % with an initial lease rental fee of $185.00 per acre per month for 10 years with a renewal option for an additional 10 years and rent to be adjusted annually by the Seattle CPl-U index, and further Kitsap Transit will make the necessary improvements to the road at their own expense, contingent upon review by the City Attorney regarding the length of lease terms. On motion by Councilman Geiger, seconded by Councilman Van Zee, Council approved the following consent agenda items as follows: a. Minutes of the following Council meeting: (1) May 26, 1998 regular meeting June 8, 1998 Page 3 of 4 b. Approval of Claim Warrants Number 28895-28990 in the amount of $182,755.11 and May 1998 Payroll Warrants 129489-129717 in the amount of $308,432.23. C. Approval of Eagle Fireworks, Inc., display permit for July 4, 1998. d. Resolution No. 1811 approving the issuance of a Special Use Permit to Orton G. Krueger, property owner for property located at 296 Tremont Street. e. Resolution No. 1812 approving the issuance of a Special Use Permit to Western Wireless for property located at 851 Mitchell Avenue. Firework Stand Permit located at Lifetime Muffler — 2735 Mile Hill Drive. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council authorized the City Engineer to negotiate with SCA Engineering Consultants for the traffic signal design at Tremont Street and the Port Orchard Boulevard. Motion passed with 4 ayes and 1 nay. Councilman Van Zee voting nay. On motion by Councilman Van Zee, seconded by Councilman Clauson, Council excused Councilman Wyatt from this Council meeting. On motion by Councilman Van Zee, seconded by Councilman Clauson, Council approved the funding allocations from the Hotel -Motel Special Projects Fund as follows: ✓ $ 800.00 "Concerts on the Bay" ✓ $2,000.00 Visitor and Convention Bureau ✓ $4,000.00 Port Orchard Chamber of Commerce. On motion by Councilman Van Zee, seconded by Councilman Stansbery, Council denied request by Matthew Randish, M&M Market and Deli, 451 South Kitsap Boulevard, permission to retain the Texaco star sign on Tremont Street for an additional year. The sign must be removed by July 14, 1998 upon expiration of the previous approval granted by the City Council. On motion by Councilman Morrison, seconded by Clauson, Council authorized the Mayor to sign a lease with Western Wireless to allow a second cell tower site in the 1200 block of Lloyd Parkway in the amount of $1,000. per month. Motion passed with 4 ayes and 1 nay. Councilman Clauson voting nay. City Engineer Curles discussed the possible property trade with Vlist Motors and the City's Public Works shop located at 514 Bay Street. Council and Mayor authorized the City Engineer to have an appraisal prepared for the Public Works building site at 514 Bay Street. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to sign a Transportation Improvement Board project grant in the amount of $75,000 to install sidewalks along the east side of Pottery Avenue from Tremont Street to Lippert Drive. June 8, 1998 Page 4 of 4 On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized Mayor Weatherill to sign Change Order No. 1, (no change in the contract price), for the Bethel Roundabout Project. Mayor Weatherill placed into the Water/Sewer Committee request by Dan Case to waive the in lieu of assessment fees for parcels located on Caseco Lane. On motion by Councilman Geiger, seconded by Councilman Stansbery, Council authorized Mayor Weatherill to sign the Interlocal Agreement For Establishing Water Utility Service Area Boundaries As Identified by the Kitsap County Coordinated Water System Plan. On motion by Councilman Morrison, seconded by Councilman Geiger, Council accepted the Scope of Work for the Archeological Recovery Plan in the estimated amount of $104,847.62. At 9:10 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:20 PM. At 9:20 PM Mayor Weatherill adjourned Council into Executive Session to discuss a pending litigation. At 9:45 PM Mayor Weatherill reconvened meeting into regular session and adjourned meeting. Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL MAYOR