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01/25/1988 - Regular - MinutesPort Orchard, Washington January 25, 1988 Council of the City of Port Orchard, Washington called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childres.s, Wilson, Geiger, Grosso, and Powers. Councilman Grable absent (excused). Also present: City Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilwoman Powers led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grosso, seconded by Councilman Geiger, Council approved the minutes of the January 11, 1988 meeting as distributed. Councilman Grosso moved to excuse Councilman Grable from Council meeting due to illness, seconded by Councilman Clauson and carried. Councilman Wilson moved to authorize the Mayor to sign H.U.D. Emergency Shelter Grant Contract for 810 Bay Street, seconded by Councilwoman Powers and carried. On motion by Councilman Geiger, seconded by Councilman Grosso, Council unanimously concurred with Mayor Weatherill's Proclamation declaring the week of February 21-27, 1988 as Engineers' Week, as requested by Puget Sound Engineering Council. Councilman Wilson moved to authorize the Mayor to sign Uniform Federal Agency Indemnification Agreement with Office of Personnel Management to release criminal information to the Office of Personnel Management, seconded by Councilman Clauson and carried. On motion by Councilman Grosso, seconded by Councilman Clauson, Council authorized Fire Marshal Gary Wernet to attend a Radiological Monitoring school at the Nevada Test Site from February 2-12, 1988, at a cost of $578.50. Mayor Weatherill opened Public Hearing scheduled for 7:45 PM regarding application for Zone Reclassification submitted by George G. Buckley, AMB Joint Venture, requesting property located at 1800-SR160 be rezoned from Residential Low to Commercial General. Legal Description - Attachment "A". City Attorney McCluskey summarized Public Hearing process and instructed audience on procedure for submitting testimony. City Engineer concurred with Planning Commission recommendations for approval of zone reclassification from Residential Low to Commercial General and suggested three additional conditions: 1. Transportation improvements be implemented before the construction of the commercial buildings; 2. Road improvements be consistent with the site plan and be approved by Department of Transportation and City Engineer. 3. All drainage be directed to flow north to the right-of-way of SR160. January 25, 1988 Page Two Mayor Weatherill requested public input regarding the zone reclassification as submitted by George G. Buckley, AMB Joint Venture. Dave Nelson, Engineer, representing proponent spoke concerning rezone from Residential Low to Commercial General. Mr. Nelson availed himself to answer questions. Greg Heath, Traffic Engineer for proponent answered question from Council concerning a sheltered left turn lane and assured Council designs for ingress and egress for the new proposed development will meet all requirements of DOT and City Engineer. Mayor Weatherill called for public input from those opposed to the zone reclassification from Residential Low to Commercial General. Richard Gehring, property manager for South Kitsap Mall, opposed zone reclassification and summarized packet of information which he distributed to Council and proponent G. Buckley. Mr. Gehring addressed the fallowing questions: (1) What pedestrian safety precautions are plannned? (2) Signage regulations? (3) Solid waste storage site? (4) Storm water retention? (5) Fire protection? (6) Litter Control and/or Landscape Maintenance. George Buckley, proponent, spoke regarding the Mr. Gehring's concerns assuring Council they will cooperate with the City of Port Orchard staff and DOT. Mr. Buckley stated it is his intent that this development will comply with any conditions that are placed on the rezone. Paul Olson, Traffic Engineer for CTS, representing opponent (Gehring), read into the record letter dated January 14, 1988 from CTS to Richard Gehring supporting Mr. Gehring's concerns on the ingress and egress of the proposed South Kitsap Plaza development. Mayor Weatherill called for recess with meeting to reconvene at 9:40 PM. Gary Chrey, attorney for South Kitsap Mall and Mrs. Glennys Gehring, spoke in opposition to the new proposed development voicing the following concerns: (1) Impact on adjacent businesses (2) Drainage for the proposed development, (3) Impact on traffic on SR 160 and the traffic signalaztion being installed at South Kitsap Mall expense. Greg Heath, Traffic Engineer for proponent and Rick Medved, partner in venture with George Buckley, assured Council they will be working with DOT and City Engineer concerning ingress and egress on SR 160. Victory Barsay, spoke in favor of rezone with the City monitoring the development closely. Ron Powers, Bill Herdman Real Estate, supported approval of the zone reclassification. Mayor Weatherill closed public input portion of Public Hearing regarding application for zone reclassification submitted by George G. Buckley, AMB Joint Ventures, requesting property located at 1800 - SR 160 be rezoned from Residential Low to Commercial General. January 25, 1988 Page Three After much discussion, Councilman Grosso moved to reopen Public Hearing regarding application for zone reclassification as submitted by George G. Buckley, AMB Joint Ventures for further discussion, seconded by Councilman Geiger and carried. Councilman Grosso questioned George Buckley concerning the 8' raised site plan. Mr. Buckley stated site was raised for better visability of the proposed South Kitsap Plaza development. At the request of Councilmembers, Howard Minor spoke representing the Planning Commission. Richard Gehring stated raising the site level 8 feet will impact the South Kitsap Mall. Mayor Weatherill closed public input portion of Public Hearing regarding application for zone reclassification submitted by George G. Buckley, AMB Joint Ventures, requesting property located at 1800 - SR 160 be rezoned from Residential Low to Commercial General. On motion by Councilman Clauson, seconded by Councilman Childress, Council moved,to approve application for zone reclassification as submitted by George G. Buckley, AMB Joint Venture, with the following conditions: 1. City Engineer to select an independent traffic engineer to do traffic study of SR 160 and develop design approved by City Engineer. Cost to be paid by the petitioner. 2. All transportation improvements be implemented before construction of the commercial buildings. 3. All drainage be directed North to SR160 unless alternative design is presented which is approved by the City Engineer. 4. Agreements, concomitant with the rezone, be signed and recorded, securing to the City the right to construct and assess for; a sewermain, watermain with hydrants and road improvements needed to mitagate the impacts of the commercial development. 5. That the basic idea of the plot plan be followed in the rezone, any significant changes to be brought back to Council for consideration. 6. The applicant provide for the construction of any traffic improvements that may be required by the City or State to provide safe and adequate ingress and egress for the site and mitagate any anticipated adverse impact on the existing system. Councilman Geiger moved to amend motion to delete Condition No. 1 and Condition No. 5. Motion died for lack of second. Original motion to approve application for zone reclassification as submitted by George G. Buckley, AMB Joint Ventures, with the six conditions was approved. Council voting 3 ayes and 3 nayes. Mayor Weatherill voting aye to break tie vote. Councilmen Grosso, Geiger and Wilson voting nay. Mayor Weatherill called for recess with meeting to reconvene at 11:10 PM. January 25, 1988 Page Four Councilman Wilson moved to place two hour parking restrictions on both sides of the 100 block of Seattle Street, seconded by Councilman Grosso. Motion failed with 4 nayes and 2 ayes. Councilmen Grosso, Powers, Geiger and Childress voting nay. On motion by Councilman Grosso, seconded by Councilman Clauson, Council moved to remove from the agenda Unfinished Business Item No. 1 (City Attorney requested to review Hazardous Material data and outline City's responsibilities). On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to remove from the agenda Unfinished Business Item No 2 (Mike Hoyt request for City to develop recreational park in Sherman Avenue area). On motion by Councilman Clauson, seconded by Councilman Childress, Council moved to remove from agenda Unfinished Business Item No. 3 (Fur, Fin and Feathers request to renew land lease agreement). 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. Councilman Geiger moved to approve payment of vouchers presented by the City Clerk as presented in total amount of $88,135.04, seconded by Councilman Clauson,. Councilman Clauson moved to amend motion to withhold for review, payment on two voucher items: (1) Syntax Systems, Inc. in the amount of $2,400.00 and (2) Motorola Communications and Electronics in the amount of $5,041.81, seconded and carried. Council approved original motion as amended to authorize payment of vouchers as presented by the City Clerk except (1) Syntax Systems, Inc. - $2,400.00 and Motorola Communications and Electronics - $5,041.81. Claim Warrant No. 09726-09751 in the total amount of $80,693.23. Council vote was 4 ayes and 2 nays. Councilmen Grosso and Geiger voting nay. Councilman Clauson moved to authorize the Fire Chief to purchase a computer system for the Fire Department with funds to come from within 1988 Fire Department budget, seconded by Councilman Grosso and carried. Meeting adjourned at 1:06 A.M. CeI�TY CLERK M YOR Port Orchard, Washington January 25, 1988 ATTACHMENT "A" GEORGE G. BUCKELY, AMB JOINT VENTURE ZONE RECLASSIFICATION LEGAL DESCRIPTION: PARCEL I THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, WITH THE SOUTH MARGIN OF STATE ROAD NO. 14; THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER 660 FEET; THENCE WEST 132 FEET; THENCE NORTH 660 FEET TO THE SOUTH LINE OF SAID STATE ROAD NO. 14; THENCE EAST ALONG SAID SOUTH LINE 132 FEET TO THE POINT OF BEGINNING. PARCEL II THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SUBDIVISION WITH THE SOUTH LINE OF STATE ROAD NO. 14; THENCE WEST ALONG SAID SOUTH LINE 132 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 320 FEET; THENCE WEST 132 FEET; THENCE NORTH 320 FEET TO SAID SOUTH LINE; THENCE EAST ALONG SAID SOUTH LINE 132 FEET TO THE TRUE POINT OF BEGINNING.