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03/22/1993 - Regular - MinutesPort Orchard, Washington March 22, 1993 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson, Morrison, Geiger, Powers, Smith and Grable. Staff present: City Attorney McCiuskey, City Engineer Curles, Police Chief Mathews, Fire Chief Snow, Deputy Clerk Hager and City Clerk Hower. Councilman Childress excused (see page 3, paragraph 2). Councilman Grable led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously approved the consent agenda items as follows: 3.a Approval of the amended March 8, 1993 Council meeting minutes. 3.b. Approval of payment vouchers as follows: Claims Warrant No. 18480-18567 in the amount of $63,017.64. 3.c. Adoption of Ordinance No. 1576 approving Preliminary Plat of Windfall Place with 22 conditions as submitted by Jerry L. Clark. Property located in the vicinity of 1800 block of Pottery Avenue. 3.d. Proposed Ordinance amending Ordinance No. 926 (POMC 5.78) relative to Garbage Business and Occupation Tax. (To be placed on the April 12, 1993 City Council agenda.) Alice Collingswood, Department of Agriculture, distributed brochures and spoke on the 1993 Gypsy Moth Program and the eradication procedures. Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for zone reclassification for property located at 775 Olney Avenue as submitted by LaVern Wolf and also on the appeal to the Planning Commission recommendation for denial of this rezone as filed by William Palmer on behalf of proponents (Appeal portion of Public Hearing continued from February 22, 1993). LEGAL DESCRIPTION: Section 25, Township 24, Range 1 East; Parcel C Pt. of NE1/4, SE1/4 all that pt of Folg Desc Tr lying East of Co. Rd. S1/2 of NE1/4 of SE1/4 Daf Bat NE cor of sd S1/2, NE1/4, SE1/4 then alg E In Thof SO *31' 47W, 456.00 Feet to POB th cont SO *31' 47W, 176.59 feet TAP 30 feet N of SE cor of sd S1/2 (more on file). City Engineer Curles updated Council on the staff report and Planning Commission recommendation for denial. Mayor Weatherill outlined public hearing procedures, the proponent will speak first followed by those who are in favor of the Wolf Rezone, and then by those opposed to the rezone for property located at 775 Olney Avenue. March 22, 1993 Page 2 of 3 William M. Palmer, Land Use Planning Consultant, representing LaVern Wolf, discussed the proposed use of this property, the chronological history of 775 Olney Avenue and surrounding commercial areas. Mr. Palmer assured Council, Mr. Wolf will abide by all conditions necessary for approval on this application. Mayor Weatherill called for input from those in favor of Wolf Rezone. As there was no response, the Mayor called for input from those opposed. Kevin Lawson, 2285 Woods Road, representing a group of property owners adjacent to 775 Olney Avenue, presented and reviewed a written outline of the reasons why the property owners are opposed to the rezone. At 9:00 PM Mayor Weatherill called for a 5 minute recess. Howard Minor, 1400 Bay Street, clarified his reasoning for voting against the rezone at the Planning Commission meeting. Mr. Minor stated that if the Planning Commission were to rehear this rezone issue he would vote in favor of the rezone. Oliver Hanley, 1169 Beach Drive, spoke in opposition to the rezone and informed the Council that he has offered to trade the property at 775 Olney Avenue for a parcel better suited for an auto repair shop. William Palmer, representing LaVern Wolf, spoke in rebuttal to those opposed to the rezone of 775 Olney Avenue. Kevin Lawson, representing adjacent property owners, read into record a letter from Linda Wyatt speaking in opposition to the rezone and also refuted statements made by Mr. Palmer. Robert Delancey owner of property on Hortsman Road, spoke in opposition to the rezone. Mayor Weatherill called for further testimony from those either for or against the recommendation to deny an application for zone reclassification for property located at 775 Olney Avenue as submitted by LaVern Wolf. No one offered additional input. Mayor Weatherill referred application for rezone and appeal of Planning Commission recommendation for denial of rezone to Council for consideration. Councilman Geiger moved to deny an application for zone reclassification for property located at 775 Olney Avenue as submitted by LaVern Wolf, seconded by Councilman Smith. Motion passed with 4 ayes and 2 nays, Councilmen Grable and Morrison voting nay. Clyde Strickland, Planning Consultant, outlined three Community Development Block Grant applications being prepared for City projects and requested Council authorize the Mayor to sign the applications. March 22, 1993 Page 3 of 3 On motion by Councilwoman Powers, seconded by Councilman Smith, Council adopted.Resolution No. 1632 authorizing the Mayor to sign Community Development Block Grants Applications seeking funds for the following three projects: (1) improve accessibility to the Port Orchard Library, pursuant to the requirements of the American with Disabilities Act; (2) construct the living area of the fire station, phase 2, to allow the implementation of the Fire Department Residency Program; (3) develop the Fire Department Residency Program to enhance job training opportunities. On motion by Councilman Smith, seconded by Councilman Clauson, Council excused Councilman Childress from this Council meeting due to illness. On motion by Councilman Morrison, seconded by Councilman Clauson, Council excused Councilwoman Powers from the April 12, 1993 Council meeting. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized Mayor Weatherill or Chief Mathews to sign Washington State Traffic Safety Commission Grant application for funding of the Junior Police Academy. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the Mayor or Chief Mathews to sign a second grant application to the Washington State Traffic Safety Commission to promote seat belt usage. On motion by Councilman Clauson, seconded by Councilman Grable, Council declare as surplus the Kroy Lettering Machine and authorized the City Engineer to dispose of it in the best interest of the City. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized Mayor Weatherill to sign WSDOT Supplement 8 for the Bethel Avenue Widening Project. Mayor Weatherill adjourned regular meeting at 11:20 P.M. CITY CLERK r, MAYOR