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03/14/1988 - Regular - MinutesPort Orchard, Washington March 14, 1988 Council of the City of Port Orchard, Washington was called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Powers and Grable. Also present: Attorney McCloskey, Deputy Clerk Thomas, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Mayor Weatherill led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Clauson, Council approved the minutes of the February 22, 1988 meeting as distributed. On motion by Councilman Clauson, seconded by Councilman Grable, Council approved the minutes of the February 26, 1988 Special Meeting as distributed. Esther Sicks representing Fathom's 0' Fun, introduced the 1988 General Director Dean Smith and Fiscal Director Brad Potter. Ms. Sicks also requested to be on the next Council agenda to present proposal for the 1988 Fathoms 0' Fun Festival. City Clerk read Mayor's Proclamation declaring March 13-19, 1988 as "International Demolay Week". Proclamation was presented by Brian Rose, Jr. On motion by Councilman Wilson, seconded by Councilman Clauson, Council unanimously concurred with Mayor Weatherill's proclamation declaring March 13 - 19, 1988 as international Demolay Week. Adrian Carr, 437 Tracy Ave. No., requested the City raise the retainage wall located behind Municipal Court building (736 Prospect Street) to allow landscaping of adjacent Methodist Church//Devries Hall property. Mayor Weatherill referred request to Street/Alley Committee for recommendation. Dorothy Skelley, 822 Ada Street, presented a petition requesting the "2 Hour Parking Signs" on Ada Street be removed. Mayor Weatherill referred this matter to the Street/Alley Committee for recommendation. Lloyd Cass requested removal of $18.78 in penalties from his ULID No. 1 Account No. 45380010010109, because the 1988 statement had been sent to his old address and his tenant had given him the bill after penalties had already been applied. On motion by Councilman Wilson, seconded by Councilman Clauson, Council unanimously approved the removal of penalties in the amount of $18.78 from ULID No. 1 Account No. 45380010010109. City Clerk read Mayor's Proclamation declaring April 6 - 12, 1988 as Earthquake Awareness Week. On motion by Councilman Clauson, seconded by Councilman Grable, Council supported Mayor Weatherill's Proclamation declaring April 6-12, 1988 as Earthquake Awareness Week. March 14, 1988 Page Two 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". This is a DeNovo Public Hearing. The Hearing held January 25, 1988 on this application was declared null and void due to lack of verbatim transcript of hearing. City Attorney McCluskey summarized Public Hearing process and instructed audience on procedure for submitting testimony. City Attorney also advised Council previous January 25, 1988 vote approving this rezone is null and void due to mechanical failure of the tape recording system. City Engineer reviewed and concurred with Planning Commission recommendations for approval of rezone reclassification from Residential Low to Commercial General. Engineer Curles also suggested concerns that needed to be discussed were drainage and ingress/egress. Brent Carson, attorney for proponents, reviewed zoning history of the property, assured Council that applicants will meet all code requirements concerning drainage on the property and ingress/egress from the property will meet requirement standards established by the Department of Transportation. Neda Heng, 1400 Retsil Road, voiced concerns of potential drainage problems to properties "downstream" from proposed development. Richard Gehring, Property Manager for South Kitsap Mall, addressed safety factors concerning ingress/egress to the proposed site. Mr. Gehring was also concerned with impact of increased traffic on the traffic control light being installed by the South Kitsap Mall. Norm Olson, engineer representing South Kitsap Mall and Mrs. Gehring, requested Council place conditions on the proposed development to include a 10" drainage pipe with a maintenance easement. Mr. Olson also suggested a condition that the entrance to the development be placed in the NE corner of the property. Brent Carson, attorney for proponents, requested the City Engineer be designated to solve the technical aspects of the proposed development. Gary Chrey, attorney for South Kitsap Mall and Mrs. Gehring, recommended Council place conditions on the proposed development such as requiring access to the proposed development be placed at the NE corner and a plat plan be an integral part of the rezone with any significant changes to be approved by the City Council. Dan Mitzle, partner, AMB Joint Venture, stated placing the entrance at the NE corner of the proposed development would create a poor traffic configuration. Mayor Weatherill called for additional input in favor of or against the application for zone reclassification submitted by George G. Buckley, AMB Corporation, requesting property located at 1800 - SR160 be rezoned from Residential Low to Commercial General. As no response was received from public, Mayor Weatherill closed Public Hearing and referred proposed zone reclassification to Council for their consideration. March 14, 1988 Page Three At 9:05 P.M. Mayor Weatherill called for recess with meeting to reconvene at 9:20 PM. On motion by Councilman Clauson, seconded by Councilman Childress, Council adopted Planning Commission Resolution No. 90-87, with Findings and Facts, as their own and approved application for zone reclassification from Residential Low to Commercial General, as submitted by George G. Buckley, AMB Joint Venture with the following conditions (1) the applicants provide for the construction of any traffic improvements that may be required by the State and City, to provide safe ingress/ egress to the site, (2) drainage system be approved by the City Engineer. (Legal Description Attachment "A") Mayor Weatherill opened Public Hearing scheduled for 8:30 PM regarding application for zone reclassification submitted by Phil Winter, requesting property located at 2419 Bethel Avenue be rezoned from Residential Low to Commercial General. Legal Description Attachment "B". City Attorney McCluskey summarized Public Hearing process and instructed audience on procedure for submitting testimony. City Engineer summarized development plans and concurred with Planning Commission recommendations for approval of zone reclassification from Residential Low to Commercial General. Mel Holgerson, agent for Phil Winter, spoke in favor of the rezone and also recommended Council consider establishing a policy to require a 20' dedicated road easement for all future development along the Bethel corridor. Victory Barsay, urged Council approval of the Winter rezone from Residential Low to Commercial General. Mayor Weatherill call for additional public input from those present in favor of approval of Phil Winter rezone application. No response from public. Mayor Weatherill called for public input from those opposed to the zone reclassification from Residential Low to Commercial General. As no response was received from Public Mayor Weatherill closed Public Hearing and referred rezone proposal to Council for their consideration. On motion by Councilman Wilson, seconded by Councilman Grable, Council moved to adopt Planning Commission Resolution No. 93-88 with Findings and Facts as their own and approved rezone application as submitted by Phil Winter, reclassifying property located at 2419 Bethel Avenue from Residential Low to Commercial General. Councilman Wilson moved to have the City Engineer draft an ordinance, for Council consideration, relating to dedicated easements for future road widening, seconded by Councilman Geiger and carried. Councilman Clauson moved to approve request submitted by Gertrude Johnson, V.F.W., President, to hold Loyalty Day Parade on April 30, 1988, and authorize Police Chief Mathews to contact the State Highway Department for permission to close Bay Street to facilitate the parade. Councilman Clauson moved to approve Claim for Damages submitted by Fred Gruber in the amount of $86.24 for reimbursement of expense to clear backed up sewer line , seconded by Councilman Grable and carried. March 14, 1988 Page Four On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to refer to the City's insurance carrier Claim for Damages submitted by Jennifer Williamson for medical expenses incurred as a result of a fall at the Port Orchard Branch of the Kitsap County Regional Library. On motion by Councilman Clauson, seconded by Councilman Grable, Council unanimously moved to refer to the City's insurance carrier a Claim for Damages for unlawful detention submitted by William Dippolito, Attorney, on behalf of Antionette N. Meckler, in the amount of $250,000.00. City Clerk reported on bid opening held March 9, 1988 at 4:30 PM relevant to Call for Bid to purchase a tractor -mower. Bids were received with required bid bond as follows: Peninsula Feed Machinery Components Co. Utility Equipment, Inc. Case :Power & Equipment Sahlberg Safety SeaPac Ford Tractor SeaPac Ford Tractor $20,785.91 28,491.00 No Bid 23,370.50 19,850.00 (used) 22,269.56 32,000.00 On motion by Councilman Wilson, seconded by Councilman Clauson, Council unanimously moved to accept the bidding as received on March 9, 1988 and awarded the contract for a tractor -mower to the lowest bidder for a new tractor -mower, Peninsula Feed in the amount of $20,785.91. Doug Eide spoke in favor of the Council adopting a policy to enforce the 18 month limit for construction after a rezone is approved by the City Council. On motion by Councilman Geiger, seconded by Councilman Clauson, Council requested a resolution be drafted, for Council consideration, which would establish a policy to contact property owners, who have obtained a zone reclassification but have not commenced development, and notify them (at 16 months) their time is expiring and they need to apply to the Planning Commission for an extension (one year). On motion by Councilman Clauson, seconded by Councilman Grable, Council unanimously approved Ordinance No. 1416 closing the Local Improvement District No. 65 Fund and authorizing transfer of balance of said fund to Local Improvement Guaranty Fund. Councilman Wilson moved to approve Ordinance No. 1417 amending Port Orchard Zoning Ordinance No. 1163; by amending the area and use maps thereof, reclassifying certain property (W.E. Lumsden, owner of record) located at 1/8 mile west of SR16 off of Old Clifton Road, from Residential Low to Industrial, seconded by Councilman Clauson and carried. Legal Description: SEC34, TWN24N, ROIE; the NWI/4 OF THE SWI/4 OF THE SW1/4, SEC34 EXCPT THE W224FT THEREOF AND EXCPT THE N30FT OF SAID NW1/4, SWI/4; TGTHR WITH THE S1/2 OF THE NE1/4 OF THE SWI/4 AND THAT PTN OF THE NE1/4, SE1/4 LYING WSTRLY OF ST HGHWY 16, EXCPT RD. Councilman Childress abstained from voting due to conflict of interest. Councilman Wilson moved to approve Resolution No. 1477 which repeals Resolution No. 1475 and establishes new regulations and fees related to parking, stopping or standing in certain areas of the City, seconded by Councilman Clauson. March 14, 1988 Page Five Councilwoman Powers moved to amend motion to delete Ada Street from Section V1, Page three, seconded by Councilman Clauson and carried. Councilman Geiger moved to further amend Resolution No. 1477 to include police vehicle parking zones and establish a reserved parking space on the southeast side of Prospect Street in front of the Municipal Court Building (736 Prospect Street) for police vehicles, seconded by Councilwoman Powers and carried. Council unanimously approved the original motion as twice amended to approve Resolution No. 1477 which repeals Resolution No. 1475 and establishes new regulations and fees related to parking, stopping or standing in certain areas of the City with the two following changes (1) delete Ada Street from Section VI, Page three (2) establish police vehicle parking zones and include a reserved parking space on the southeast side of Prospect Street in front of the Municipal Court Building (736 Prospect Street) for police vehicles, seconded and carried. Councilman Geiger read letter from Don Padroza concerning commuter parking. Mayor Weatherill recessed Council into executive session for 15 minutes to discuss City property. At the end of 15 minutes Mayor Weatherill announced Council would be in executive session an additional 10 minutes. Mayor Weatherill requested Street/Alley Committee research possibility of furnishing a street light at the intersection of West Street and Goldenrod. Mayor Weatherill referred letter from Grey Chevrolet requesting a fire hydrant be installed to serve city properties in Hovde Road area to the Fire Chief for review and recommendation. Councilman Wilson moved to authorize the Mayor to sign agreement with KMB Associates for consulting services to administer a Police Sergeant Test, seconded by Councilman Grable and carried. On motion by Councilman Geiger, seconded by Councilman Clauson, Council moved to reconsider motion (as presented and approved at February 22, 1988 Council meeting) to instruct the Screening Committee to review applications received from residents of the City interested in filling the vacant Council position and submit three candidates for Council consideration at the March 14, 1988 meeting. Motion as presented at the February 22, 1988 meeting to instruct the Screening Committee to review applications received from residents of the City interested in filling the vacant Council position and submit three candidates for Council consideration failed with 5 nayes and 1 aye. Councilman Wilson voting aye. Councilman Geiger moved to have Screening Committee continue interviewing applicants for the vacant Council position and advise City Clerk when process is finished. Upon completion of interview process the City Clerk is to schedule a Special Meeting. Screening Committee will report on credentials and qualifications in executive session during Special Meeting, seconded by Councilman Clauson and carried. March 14, 1988 Page Six Vouchers audited and certified by the auditing officer (City Clerk) as required by R.C.W. 42.24.080, and those expense reimbursement claims certified as required by R.C.W. 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: Claims Warrant No. 00958-10087 in the total amount of $92,606.64 and February 1988 Payroll Warrant No. 108530-108637 in the amount of $97,307.19. Councilman Geiger moved to instruct the City Engineer to draft an ordinance for council consideration establishing procedure for citizens to request permission to top trees on neighboring properties which block the view, seconded by Councilman Clauson and carried with 4 ayes and 2 nays. Councilmen Wilson and Childress voting nay. On motion by( Councilman Clauson, Council declared Public Works Drill Press as surplus and authorized the City Engineer to dispose of it in the best interest of the City, seconded by Councilman Geiger and carried. Meeting adjourned at 12:21 AM. l CLERK MAYOR March 14, 1988 ATTACHMENT "B" PHIL MINTER ZONE RECLASSIFICATION LEGAL DESCRIPTION: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 36, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER WITH THE EAST MARGIN OF STATE HIGHWAY NO. 14; THENCE NORTH 3*20'30" EAST 100 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 3*10'30" EAST 100 FEET; THENCE SOUTH 89*19' EAST TO THE WEST MARGIN OF MITCHELL ROAD; THENCE SOUTH'ALONG SAID WEST MARGIN TO A POINT SOUTH 89*19' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89*19' WEST TO THE TRUE POINT OF BEGINNING; EXCEPT THE EAST 225 FEET THEREOF.