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02/22/1988 - Regular - MinutesPort Orchard, Washington February 22, 1988 Council of the City of Port Orchard, Washington called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, and Grable. Councilwoman Powers excused. Also present: City Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Geiger led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the minutes of the February 8, 1988 meeting as distributed. Bill Kavanaugh, P.E., Chairman Society of Professional Engineers and Ed Murphy, P.E., President Bremerton Chapter, presented Larry Curles with the 1988 Government Engineer of the Year Award. This award is the highest award for a Government Engineer within the State of Washington. Terry Tolbert requested a waiver from city ordinance restricting dog ownership to three dogs per household. She raises dogs for a hobby, presently owning four dogs. Upon trying to purchase licenses for her four dogs, she was informed of the limitation of three dogs per household. After much discussion, City Attorney advised Council that granting Ms. Tolbert a waiver would create a precedent for allowing more than three dogs per household. Council reluctantly informed Ms. Tolbert a waiver would not be granted. Mayor Weatherill introduced proposed Work Release/Special Detention Facilities Contract with Gateway Association. Jerry Guthrie, Executive Director for Gateway Association, answered questions concerning the contract. Councilman Wilson moved to approve the 1988 Work Release/Special Detention Facilities contract with Gateway Association, with authorization for the Mayor to sign contract documents subject to approval of form by City Attorney, seconded by Councilman Grable. Councilman Clauson moved to amend motion to set January 1, 1988 through December 31, 1989 as contract date, and to insert into Section 7 "... Work Release/Special Detention services for more than one Resident.", seconded by Councilman Grable and carried. Original motion as amended was unanimously approved to accept the 1988 Work Release/Special Detention Facilities Contract with Gateway Association, with the following two changes (1) contract date set as January 1, 1988 through December 31, 1989 and (2) Section 7-insert: "Work Release/Special Detention services for more than one Resident". Motion further authorized the Mayor to sign contract documents, subject to approval by City Attorney., seconded and carried. Mayor Weatherill opened Public Hearing scheduled for 7:45 PM regarding application for zone reclassification submitted by W.E. Lumsden requesting property located 1/8 mile west of SR lb off Old Clifton Road be rezoned from Residential Low to Industrial. LEGAL DESCRIPTION: South 1/2 of the NE 1/4, SW 1/4, Sec 34, Township 24 N, Range 1 E., W.M., and the NW 1/4 of the SW 1/4, Sec. 34, Township 24 N range 1 E., W.M., Kitsap County, Washington. Councilman Childress stepped down from Council table due to conflict of interest. r February 22, 1988 Page Two City Engineer Curles discussed location, current use of property and cited allowable uses within an Industrial Zone area. Mr. Curles also recommended approval of the zone reclassification, as submitted by W.E. Lumsden, to Industrial with conditions recommended by the Planning Commission. Mayor Weatherill called for public input in favor of W.E. Lumsden property being zoned Industrial. Bill Broughton, attorney for proponents, spoke in favor of the rezone stating the area would be used for light industrial business. Mr. Broughton requested that Planning Commission's recommended Condition No. 5 restricting work hours in the industrial park to 6 AM to 8 PM be eliminated or modified to allow industrial uses which do not create noise problems to function at expanded hours. Mayor Weatherill requested input from those opposed to the proposed zone reclassification from Residential -low to Industrial. r William Havens, 3353 Anderson Hill Road, questioned future uses and proposed development of the area. Larry Durfey, 3527 Anderson Hill Road, voiced concern of the potential for access from Cooks Road. Debbie Enyeart, 3161 Cooks Road, spoke in opposition to the zone reclassification from Residential -low to Industrial. Helen Haven -Saunders expressed concern regarding industrial business moving into residential areas. Bill Broughton, attorney for proponents, gave assurance that if the area is zoned Industrial it would only be developed with light industry type of business and proponents do not plan an access to Cooks Road. Red Lumsden, proponent, also assured Council that no access is planned onto Cooks Road and that area would only be developed with light industry type of businesses. Mayor Weatherill called for further public input in favor of or opposed to zone reclassification from Residential -low to Industrial as requested by W.E. Lumsden. Mayor Weatherill closed public input portion of Public Hearing regarding application for zone reclassification as submitted by W.E. Lumsden requesting property located 1/8 mile west on SR 16 off Old Clifton Road be rezoned from Residential Low to Industrial. Councilman Clauson moved to approve zone reclassification as submitted by W.E. Lumsden reclassifying property located 1/8 mile west of SR16 off Old Clifton Road from Residential Low to Industrial and also adopted Planning Commission Resolution No. 91-88 with Findings of Fact (Attachment "A") as part of rezone action, seconded by Councilman Grable. Councilman Geiger moved to amend motion to allow the hour limitation on the businesses be determined by Council action on a case by case basis, seconded by Councilman Clauson and carried. February 22, 1988 Page Three Councilmembers unanimously approved original motion as amended to reclassify property located 1/8 mile west on SR lb off Old Clifton Road from Residential -low to Industrial as requested by W.E. Lumsden. Planning Commission Findings of Fact and Resolution No. 91-88 are also adopted as an integral part of this rezone action with condition No. 5 amended to allow the hour limitation on the businesses be determined by council action on a case by case basis. Legal Description: S1/2 of the NW1/4, SWI/4, SEC34, TWN24N, R1E, W.M., AND THE NWI/4 OF TH SW1/4, SEC34, TWN24N RANGE 1 E., W.M., KITSAP COUNTY, WASHINGTON. Councilman Clauson moved to approve Agreement for Consulting Services with KMB Associates providing for administration, scoring and compiling the result of a Police Front Line Supervisors examination to fill the new sergeant position, seconded by Councilman Grable. At the request of Police Chief Mathews, Mayor Weatherill adjourned Council into Executive Session for 10 minutes to discuss a legal matter. Councilman Wilson moved to hold over, until March 14, 1988 council meeting, the proposed Agreement with KMB Associates for consulting services to administer The Police Sergeant Test, seconded and carried. Helen Haven -Saunders, President Farmer's Market, read letter to Council requesting Council input concerning the future of the Farmer's Market and proposed expansion along waterfront boardwalk or along Bay Street under marquee. Larry Durfey, member Downtown Merchants Association, spoke in favor of the expansion along Bay Street under the marquee. Councilman Geiger agreed the Farmers Market expansion would be beneficial to the downtown merchants. Councilman Wilson moved to amend parking Resolution No. 1475 to include two hour parking restriction in the 100 block of Seattle Street, seconded by Councilman Grable and carried. Councilman Grable moved to amend parking Resolution No. 1475 to include four hour parking restriction on Morton Street east of Rockwell, seconded by Councilman Clauson and carried. City Attorney McCluskey advised Council it has been discovered that during the January 25, 1988 public hearing relevant to the George Buckley, AMB Joint Venture application for zone reclassification the tape recording system malfunctioned, therefore, the city does not have a verbatim transcript of this public hearing as required. Mr. McCluskey recommended Council readvertise and hold public hearing de novo. On motion by Councilman Clauson, seconded by Councilman Grable, Council set the date of March 14, 1988, 7:45 PM to hold a public hearing de novo to consider application for zone reclassification as submitted by George Buckley, AMB Joint Venture for property located at 1800-SR160 (Legal description -Attachment "B"). Councilman Clauson moved to authorize the City Clerk to pay claim voucher for 1988 Motorola Communications & Electronics Maintenance Agreement providing for maintenance of Police and Fire Department radios and electronic equipment. This claim voucher was withheld from payment at the January 25, 1988 Council meeting, seconded by Councilman Grable and carried. February 22, 1988 Page 4 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. On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously approved payment of those vouchers as follows: Claim Warrant No. 09881-09957 in the total amount of $12,579.48. On motion by Councilman Wilson, seconded by Councilman Geiger, Council instructed the Screening Committee to review applications received from residents of the City who are interested in filling the vacant Council position and submit three candidates for Council consideration at the March 14, 1988 meeting. This vacancy was created by the death of Councilman Grosso on February 4, 1988. Councilman Wilson moved to approve revised 1988 summer paving schedule as presented by City Engineer, seconded by Councilman Geiger and carried. Meeting adjourned at 9:29 P.M. 'CITY CLERIC ' MAYOR February 226 1988 Attachment A" CrrY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO_ 91-88 A RESOLUTION BY THE PORT ORCHARD PLANNING COft4+MISSION RECOMMENDING TIIAT TIIE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDFI FI'IAL- LOW TO INDUSTRIAL, AS SUBMIPTED 13Y W.E LUNISDE;N & VIVIAN LUiti4SDEN ON THE BELOW DESCRIBED PROPERTY_ LEGAL DESCRIPTION: LEGAL DESCRIPTION: SECTION 34, TOWNSHIP 24 NORTH, RANGE 01 EASr; TIIE N4V 1/4 OF TIIE SW 1/4 SECTION 34, EXCEPT THE WEST 225 FEET THEREOF AND EXCEPT THE NORTH 30 FEE:T OF SAID NW 1/4, SW 1/4; TOGETHER WfrH THE- SOUrI-I 1/2 OF THE NE, 1/4 OF THE SW 1/4SFCTION 34, TOWNSHIP 24 NORTH RANGE 1 EAST, W.M., KFrSAP COUNTY, WASHINGTON. WHEREAS, The applicant has requested a rezone from Residential-I,ow to Industrial for their property located 1/8 mile west of SR#16, off of Old Clifton Road and WHEREAS, a public hearing was held on 18 January 1938 and that the Planning Commission considered the findings of facts, the testimony and material presented at the hearing, and WHEREAS, a SEPA checklist has been submitted and has received a declaration of non -significance, and WHEREAS, the gravel pit operation has been in existence for many years and under the present City zoning designation is a legal non -conforming use, and WHEREAS, the City has discussed the possibility of this area being industrialized for quite some time, and WHEREAS, the City designated the property Industrial on the Comprehensive Plan t4ap, simultaneously with the acceptance of its annexation 28 December 1987. WE 'THEREFORE FIND: that because of the existing land use, the most compatible and suitable zoning designation for the above described property to be Industrial. CONCLUSION: Based on the findings of facts, the testimony and materials presented at the public hearing, we therefore conclude that a zone reclassification from Residential to Industrial, would be in harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. BE IT RESOLVED, that the Planning Commission of the City of Port hereby respect- fully recommends that the City Council approve the zone reclassification to Industrial, as requested, subjected to the following conditions of approval: (1) The owners of the property sign an agreement concomitant with the rezone stating that the property owners, their heirs, or assigns will hook-up to Port Orchard water if they extensively expand their operation to include other uses permitted within the Industrial Zoning District or at such time as adequate fire flow and domestic water is accessible to their property. The City Engineer shall determine how much and/or what constitutes extensive expansion. The owners must also agree to pay all applicable fees at time of hooking up to City of Port Orchard water. (2) The owners of the property sign an agreement concomitant with the rezone stating that the property owners, their heirs, or assigns will hook -tip to Port Orchard sewer The owners must also agree to pay all applicable fees at time of hooking up to City of Port Orchard sewer. (3) When or if the owners of the property extensively expand their operation to include other uses permitted within the Industrial Zoning District they shall provide for the construction of any traffic improvements that may be required by the City to provide safe and adequate ingress and egress for the site and mitagate any anticipated adverse impact on the existing system. The City Engineer shall determine how much and/or what constitutes extensive expansion. (4) Ingress and egress to Cook Road shall be prohibited by all vehicles which weight in excess of 4,000 pounds. (5) That industrial operation be limited between the hours of 6:00 AM and 8:00 PM. PASSED this 18 day of January 1988. CITY OF POiu' ORCHARD PLANNING COh1XIISSION O. Jon Ho anson, Chairman ATT EST: Rut9 Stru e, Secretary February 22, 1988 ATTACHMENT "B" 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 1 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.