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02/24/1992 - Regular - MinutesPort Orchard, Washington February 24, 1992 Council of the City of Port Orchard, Washington called to regular session by Mayor Leslie J. Weatherill at 7:30 PM. Council members present: Clauson, Childress, Morrison, Geiger, Powers, Smith and Grable. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, City Planner Davis, Fire Chief Snow and City Clerk Hower. Police Chief Mathews led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilwoman Powers, Council approved the minutes of the February 10, 1992 regular meeting as distributed. Gary Demich, Department of Transportation, District No. 3 Administrator, provided an update on the SR160 landslide and road closure. He spoke of special legislative funding to install a rock buttress retention wail to secure the slide area, at a cost of approximately 5 million dollars. Casey McGill, Maintenance Supervisor for the Department of Transportation, spoke on the drainage problem under SR160 in the slide area. Mayor Weatherill thanked Mr. Demich and Mr. McGill for the Department of Transportation's updates and requested the City be kept up-to-date on progress of repairing and securing the slide area. Neda Heng spoke regarding the SR160 slide situation and encouraged state and city officials to consider landscaping as an additional means to mitigate future soil instability in this area. At 7:45 PM Mayor Weatherill opened Public Hearing regarding proposed amendments to the Port Orchard Zoning Ordinance No. 1469 which relate to landscape standards for commercial developments, industrial developments, public property developments and also uses permitted upon issuance of a special use permit. City Planner Davis briefed Council on the proposed landscape amendments. Mayor Weatherill called for input either for or against the proposed amendments to the Port Orchard Zoning Ordinance No. 1469. Doug Eide, 2475 Bethel Road, ask if this change would effect existing commercial developments. City Planner Davis stated this amendment would only effect new developments. February 24, 1992 Page Two of Five Mayor Weatherill called for additional input. As no response was received, Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved Ordinance No. 1541 amending Port Orchard Zoning Ordinance No. 1469 relating to landscape standards for commercial developments, industrial developments, public property developments and relating to uses permitted upon issuance of a special use permit. Mayor Weatherill called for a 5 minute recess with meeting to reconvene at 8:10 PM. Mayor Weatherill opened Public Hearing scheduled for 8:00 PM regarding proposed protection policies for critical sensitive lands. City Planner Davis outlined proposed protection policies concerning critical sensitive lands and read Planning Commission Resolution No. 178-92 recommending approval of the policies as required by the Growth Management Act with the stipulation that all affected property owners be individually and adequately notified prior to City Council adoption of the policies. Mr. Davis outlined deadlines set by the state to enact critical sensitive land policies and described the public meeting process which the Planning Department has followed to encourage public participation in the Growth Management planning process. He recommended approval of the proposed policies with regular public notification as established for Council public hearing. Doug Eide, 2475 Bethel Road, voiced strong support of requirement to notify all affected property owners of the proposed wetland polices. Mr. and Mrs. Eide volunteered to fund the total expense which would be incurred to notify all affected property owners including providing his staff to process the mailing. Howard Minor, 1400 Bay Street, also advocated notification of all property owners regarding any proposed wetland issues. Mr. Minor affirmed the importance of taking necessary steps to make sure property owners are aware of proposed environmental issues that may effect them. Mayor Weatherill called for additional input either for or against the proposed protection policies for critical sensitive lands. As no response was received Mayor Weatherill closed the Public Hearing and referred matter to Council for consideration. February 24, 1992 Page Three of Five After much discussion, including but not limited to, Growth Management Act requirements, deadline to enact subject proposed policies, property owner involvement and notification processes Councilman Geiger moved to approve the proposed policies as recommended in Planning Commission Resolution No. 178-92 after the City individually and adequately notifying all affected property owners of the proposed critical sensitive areas, seconded by Councilman Smith. During discussion on the motion, Councilwoman Powers addressed the need to meet deadlines for enacting these policies and questioned whether the policies can be revisited and amended after adoption. City Attorney McCluskey and other staff members confirmed they could be reconsidered at a later date. To meet Growth Management Act deadline requirements, Councilwoman Powers moved to amend motion to adopt proposed critical sensitive land policies by deletion of the requirement to individually and adequately notify all affected property owners, seconded by Councilman Clauson. Motion passed with 5 ayes and 2 nays. Councilmen Morrison and Childress voting nay. Original motion as amended to approve proposed critical sensitive land policies was approved with five ayes and two nays. Councilmen Morrison and Childress voting nay. Council instructed staff to notify all affected property owners of Critical Sensitive Lands Policies and discussed scheduling a public hearing to revisit these policies in the future. Council Mayor Weatherill called for a 5 minute recess with meeting to reconvene at 9:35 PM. Roger Creech, 1185 Sherman Avenue, addressed Council concerning two issues, (1) removing trees from right of way between Sherman Avenue and Port orchard Boulevard and (2) question concerning Melcher Street right of way. Mayor Weatherill placed these two items into the Street/Alley Committee for review. On motion by Councilman Geiger, seconded by Councilman Morrison, Council declared a Public Works brush fan and portable pump as surplus and authorized the City Engineer to dispose of these items in the best interest of the City. On motion by Councilman Morrison, seconded by Councilman Grable, Council authorized Police Chief Mathews to sign Mutual Aid Agreement for the DWI Task Force Emphasis Patrol, James Guilmet requested permission to place signs in City right- of-way to advertise sale of fish product from his fishing boat "Faith". February 24, 1992 Page Four of Five Councilman Clauson moved to approve placement of Mr. Guilmet's signs in City right-of-way for the 1992 season only, contingent upon the signs meeting the criteria of the City Engineer, seconded by Councilwoman Powers and carried. Motion passed with 5 ayes and 2 nays. Councilmen Smith and Morrison voting nay. Councilman Geiger moved to deny a proposed increase of the City's admission tax rate to be equal to the Kitsap County rate and also that the tax revenues received be allocated for social services as requested by several local social service agencies, seconded by Councilman Clauson and carried, with 6 ayes and 1 nay. Councilwoman Powers voting nay. Councilman Geiger, Chairman Finance Committee, recommended removal from agenda, Unfinished Business Item #2, review of the Peddlers and Hawkers Ordinance No. 392 and further recommend no changes be considered. On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously approved payment of vouchers as follows: Claims Warrant No. 16451-16508 in the amount of $21,468.73. City Engineer reported on call for quotes for a parking enforcement vehicle. Quotes were received from the following dealers: White Bear West - Go-4 Western Equipment Distributor - Cushman On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the City Engineer to purchase the Go-4, from White Bear West, for the parking enforcement vehicle. On motion by Councilwoman Powers, seconded by Councilman Smith, Council declared the 1977 Cushman, Haulster, Vin Number 508868 as surplus and authorized the City Engineer to dispose of in the best interest of the City. On motion by Councilman Clauson, seconded by Councilman Grable, Council approved the purchase of a computer for the Engineering Department. On motion by Councilman Clauson, seconded by Councilman Smith, Council authorized the City Engineer to advertise and call for bids, for the first phase of construction of the new fire station on Tremont Street. On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the City Engineer to lease a portion of the Old Clifton Property to Glenco, Inc. to park 4 to 5 trucks at $75.00 per month with the same conditions as the Brem-Air Lease. February 24, 1992 Page Five of Five On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized payment of a request for reimbursement as submitted by Cloud Construction in the amount of $572.69 for cost incurred at 381 Austin Street. Meeting adjourned at 10:21 PM. CITY CLERK MAYOR