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03/28/1988 - Regular - MinutesPort Orchard, Washington March 28, 1988 Council of the City of Port Orchard, Washington called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Powers and Grable. Staff present: City Attorney McCluskey, Deputy Clerk Thomas, Police Chief Mathews, Fire Chief Snow and City Clerk Hower. Councilman Grable 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 March 14, 1988 meeting as distributed. On motion by Councilman Geiger, seconded by Councilman Grable, Council approved the minutes of the March 21, 1988 special meeting as distributed. Mayor Weatherill requested Screening Committee report on interviews of applicants for vacant Council position created by the death of Gerald Grosso on February 4, 1988. Councilman Geiger, Chairman of the Screening Committee outlined interview process and submitted a recommendation that Mr. Jesse Smith be appointed to fill vacant Council position. Mayor Weatherill called for further nominations. No further nominations were received. Councilman Geiger moved to appoint Mr. Jesse Smith to fill Council position vacated by the death of Councilman Gerald Grosso on February 4, 1988. Motion seconded by Councilman Clauson and carried. City Clerk administered Oath of Office to Jesse Smith. Mayor Weatherill and fellow Councilmembers welcomed Mr. Smith and seated him at the Council table. Mayor Weatherill conceded floor to Police Chief Mathews who announced the Police Civil Service Commission has completed the testing process for the new Sergeant position. Officer Mark Duncan was the successful applicant for this position. Chief Mathews informed Council and audience that Officer Duncan was sworn in today at noon. Chief Mathews introduced Sergeant Mark Duncan and asked for Council confirmation of this appointment. On motion by Councilman Childress, seconded by Councilman Clauson, Council confirmed the appointment of Officer Mark Duncan to the position of Police Sergeant. Mayor Weatherill and Councilmembers congratulated Sergeant Duncan on his promotion within the Port Orchard Police Department. Fred Kegel, Civil Engineer, representing Roland and Roland presented three alternatives for extending City utilities to Sedgwick interchange. On motion by Councilman Wilson, seconded by Councilman Grable, Council approved Puget Power's request to hold "Annual Challenge Series Derby" on August 6, 1988 from 10:00 AM to 2:00 PM, on Taylor Street between Sidney and Cline Avenue, contingent upon City Attorney approval of Puget Power's insurance coverage for this event. March 28, 1988 Page Two Esther Sicks, representing Fathoms 0' Fun, outlined proposed 1988 Fathoms 0' Fun Festival scheduled for June 24, 1988 through July 4, 1988. On motion by Councilman Wilson, seconded by Councilman Clauson, Council accepted the 1988 Fathoms 0' Fun Festival proposal and authorized issuance of the Fathoms '0 Fun Festival Master Permit for events scheduled for June 24, 1988 through July 4, 1988. City Clerk reported on bid opening held March 24, 1988 at 4:30 PM relevant to Call for Bid for the Water Street Floating Dock. Bids were received with required bid bond as follows: Robinson & Co. $28,000.00 Mobile Development, Inc. 32,800.00 Caicos Corporation 27,623.00 Sea & Shore Construction Co. 35,039.00 Seaborn Pile Driving Co. 28,852.00 Water Works, Inc. 33,890.00 General Construction Co. 26,400.00 Madden Construction, Inc. 39,780.00 **Engineers Estimate 32,000.00** On motion by Councilman Wilson, seconded by Councilman Clauson, Council unanimously accepted the bidding as received on March 24, 1988 and awarded the contract for the Water Street Floating Dock to the low bidder, General Construction Co., in the amount of $26,400.00. Mayor Weatherill presented, for Council discussion, a letter from John M. McConnell requesting clarification of commercial growth limitations on Tremont Street. Howard Minor, 1400 Bay Street, representing Port Orchard Planning Commission, stated the Planning Commission policy has been to not recommend approval of commercial growth on Tremont until the street is widen to accommodate increased traffic flow. Mayor and Council agreed that the Mayor and the City Engineer will respond to Mr. McConnell's letter. Mayor Weatherill referred letter from three South Kitsap school bus drivers concerning students parking at the red barn across the street from South Kitsap High School to the Street/Alley Committee for research and recommendation. Mayor Weatherill held over until next Council meeting proposed Resolution No. 1478 establishing a Public Works Small Works Roster and procedures to purchase material for the City of Port Orchard. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council approved Resolution No. 1479 providing for procedures to enforce time limit requirements of the Zoning Ordinance. On motion by Councilman Wilson, seconded by Councilman Clauson, Council moved to approve Resolution No. 1480 setting April 11, 1988 at 7:45 PM as date and time of a Public Hearing on Petition of Vacation of a portion of an alley way in the 400 block between Dwight and DeKalb Streets as submitted by Jesse W. (Bill) Sutton. Councilman Wilson moved to approve Ordinance No. 1418, amending Port Orchard Zoning Ordinance No. 1163; by amending the area and use maps thereof, reclassifying certain property (George Buckley, AMB Joint Ventures, owner of record) located at 1800 - SR160, from Residential Low to Commercial General, seconded by Councilman Grable. (Newly appointed Councilman Smith abstained from voting because he had not participated in the Public Hearing on this matter) March 28, 1988 Page Three Councilman Wilson moved to amend Ordinance No. 1418 to include Planning Commission's Resolution No. 90-87 with Conditions and Facts of Finding as stated in Council motion approving Zone Reclassification at March 14, 1988 Council meeting, seconded by Councilman Clauson and carried. Motion passes with 6 ayes. Councilman Smith abstained from the vote because he did not participate in Public Hearing on this matter. Council approved original motion as amended to adopt Ordinance No. 1418, including Planning Commission's Resolution No. 90-87 with Facts and Finding and Conditions. This Ordinance amends Port Orchard Zoning Ordinance No. 1163; by amending the area and use maps thereof, reclassifying certain property (George Buckley, AMB Joint Ventures, owner of record) located at 1800 - SR160, from Residential Low to Commercial General. (Legal Description - Attachment "A") Motion passed with 6 ayes. Councilman Smith abstained from the vote. Councilman Wilson moved to approve Ordinance No. 1419, amending Port Orchard Zoning Ordinance No. 1163; by amending the area and use maps thereof, reclassifying certain property (Phil Winter, owner of record) located at 2419 Bethel Avenue from Residential Low to Commercial General, seconded by Councilman Clauson. Councilman Clauson moved to amend Ordinance No. 1419 to include Planning Commission's Resolution No. 93-88 with Facts of Finding and Conditions, seconded by Councilwoman Powers and carried. Motion passes with 6 ayes. Councilman Smith abstained from the vote. Council approved original motion as amended to approve Ordinance No. 1419, including Planning Commission Resolution 93-88 with Facts of Finding and Conditions. This Ordinance amends Port Orchard Zoning Ordinance No. 1163; by amending the area and use maps thereof, reclassifying certain property (Phil Winter, owner of record) located at 2419 Bethel Avenue. (Legal Description - Attachment "B") Motion passed with 6 ayes. Councilman Smith abstained from the vote. At the request of the City Attorney's Office, Mayor Weatherill held proposed Ordinance No. 1420, over to next council meeting. This proposed ordinance would require dedication of 20' of property for street right-of-way for approval of commercial development on Bethel Avenue. 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 Clauson, Council unanimously approved payment of those vouchers as follows: Claim Warrant No. 10088-10139 in the total amount of $16,276.29. Mayor Weatherill announced the appointment of James Gallagher to the Fire Civil Service Commission effective April 1, 1988 to fill vacancy created by Jesse Smith's appointment to the Port Orchard City Council. On motion by Councilman Geiger, seconded by Councilman Wilson, Council concurred with Mayor Weatherill's appointment of James Gallagher to the Fire Civil Service Commission effective April 1, 1988. Meeting adjourned at 9:15 P.M. CITY CLERK MAYOR Port Orchard, Washington March 28, 1988 Page four ATTACHMENT "A" GEORGE G. BUCKLEY, AMB JOINT VENTURE %iPI=13:11lF:"W's1*Ity:11i1►J 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. Port Orchard, Washington March 28, 1988 Page five ATTACHMENT "B" PHIL WINTER ZONE RECLASSIFICATION LEGAL DESCRIPTION: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 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.