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05/26/1987 - Regular - MinutesPort Orchard, Washington May 26, 1987 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Lloyd, Grosso and Grable. Also present: City Attorney McCluskey, Police Chief Mathews, City Engineer Curles, Fire Marshall Wernet, City Clerk Hower and Administrative Assistant Thomas. Councilman Wilson led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grosso, seconded by Councilman Grable, Council approved the minutes of the May 11, 1987 meeting with the following correction: page 1, paragraph 8, line 3 change Street/ Alley Committee to Parks Committee. Don Lingren, South Sound Sanitation, presented proposal for a new garbage collection system (Dura-Kan) and requested Council authorize a trial period to prove efficiency of this system. On motion by Councilman Geiger, seconded by Councilman Grable, Council approved Southsound Sanitation's request to insitute a trial period to test the "Dura-Kan" garbage collection system. "Dura-Kan" containers will be distributed to approximately 100 city residents at no increased cost. Mayor Weatherill opened Public Hearing scheduled at 7:45 PM regarding request by Sharon Picinich for a Special Use Permit to allow a residential dwelling unit within a Commerical General zone for property located at 705 Bay Street City Attorney McCluskey summarized Public Hearing process and instructed audience on procedure for submitting testimony. Mayor Weatherill called for Public Input in favor of application submitted by Sharon Picinich for a Special Use Permit to allow a residential dwelling unit at 705 Bay Street. Sharon Picinich, addressed Council regarding her request to establish a residential dwelling unit at 705 Bay Street. Gerry Bruckart, downtown merchant, supported approval of a Special Use Permit and stated it would be an asset to have a resident in the downtown area on a 24 hour basis. Ann Mooyman, downtown merchant, stated she would be delighted to have Sharon Picinich as a permanent resident in the downtown area and urged Council to approve this application for a Special Use Permit. Howard Minor, 1400 Bay Street, speaking as a downtown property owner, voiced support of the Special Use Permit and added that as a member of the Port Orchard Planning Commission the Planning Commission foresaw no problems with a residence in the downtown area. Mayor Weatherill called for further input in opposition to the Special Use Permit. No response was received. On motion by Councilman Wilson , seconded by Councilman Grable, Council approved application submitted by Sharon Picinich for a Special Use Permit to allow a residential dwelling unit at 705 Bay Street. Legal Description: Section 26, Township 24N, Range 1E, Sidney S.M. Stevens Addition, Block 13, Lot 002, D-01, W1/2 of Lot 2 together with Tidelands fronting. May 26, 1987 Page Two Gary Kucinski representing HMI, owners of property commonly known as 823 Bethel Avenue requested permission to excavate west slope of City property located on Mitchell Avenue to provide alley access to east portion of their property. Mr. Kucinski presented a drawing depicting proposed slope excavation and grading of alley right-of-way lying between property at 823 Bethel Avenue and that owned by the City of Port Orchard. Norm Olson, Olson and Associates, addressed Council regarding soil condition at proposed excavation site. Councilman Grosso of the Public Building and Property Committee gave a report on a meeting held with Gary Kucinski and stated the Committee recommends approval of concept of slope excavation. Councilman Grosso moved to approve concept of excavation and grading of alley right-of-way lying between property located at 823 Bethel Avenue and City property on Mitchell Street contingent upon the following: (1) The alley has to be developed to City Standards; (2) the upper level of the City property will be filled to increase the City surface area; (3) the final approval by the City will be based on an accurate topographic map; (4) excavation of the slope will be designed and.administered by a professional engineer, seconded by Councilman Wilson and carried. Van Vlist, Dick Vlist Motors, Inc., requested permission to hold "Ultra Cruz `87" on August 9, 1987, 8:00 AM to 4:00 PM, in City parking lot area by waterfront. Councilman Wilson moved to approve request by Van Vlist to hold "Ultra Cruz `87" on August 9, 1987, 8:00 AM to 4:00 PM, in City parking lot area by waterfront, contingent upon approval by Fire Department, Police Department and Port of Bremerton, seconded by Councilman Grable and carried. Jeff Moore, Director of Park and Land Development for Claremont Development Corporation, gave presentation of proposed Blackjack Square Project located in the southeast quadrant of Bethel and Lund and answered questions regarding the proposed project. Phil Davidson, architect with Claremont Development, outlined landscaping plans and site design of the proposed Blackjack Square Project. A.J. Heng, 520 Sweany, questioned the capability of the Secondary Wastewater Treatment Plant to handle the affects of the Blackjack Square Development. Jamie Skowronski of Claremont Development Corporation, outlined utility hook up fees and in lieu of assessment fees which will be paid by Blackjack Square Project Development. Doug Eide, realtor, presented a petition signed by more than 600 City and County citizens urging the City to withdraw appeal to Kitsap County Hearing Examiners ruling on the Blackjack Square Development. City Clerk read letter from Vivian Bodle opposing City's appeal of Kitsap County Hearing Examiners Ruling on Blackjack Square Project. Harley Clark called upon the City Council to withdraw appeal relevant to Blackjack Square Project and back up County action to make the project run smoother. May 26, 1987 Page Three Mayor Weatherill called for recess with meeting to reconvene at 9:15 PM. Mayor Weatherill requested anyone from the audience who would like to speak relevant to the City's filing an appeal to Kitsap County Hearing Examiner's ruling on the proposed Blackjack Square Development to do so at this time. Mark Williamson, realtor, stated he has a vested interest in this City and would like City to withdraw appeal of Kitsap County Nearing Examiners ruling on Blackjack Square Project. Councilman Wilson explained to Mr. Williamson and the audience the City is not blocking this development but making a request for the County Commissioners to reconsider all the evidence before making a final decision. Councilman Grosso informed Mr. Williamson and the audience the City has an agreement with Kitsap County to keep the Port Orchard Bypass free of commercial development. Susan Steuermann, resident on Lund Avenue, requested City withdraw appeal of Kitsap County Hearing Examiners ruling on Blackjack Square Project. Dr. Howard Minor, resident, stated he felt Council was being harrassed and should hold firm until their questions are answered. Dr. Minor also questioned impact of proposed Blackjack Square Development on Wastewater Treatment Plant. Dennis Wilfred, resident on Lund Avenue, also requested City to withdraw City's appeal so project can continue in a timely manner. Gene Via, Manager of the Port Orchard Safeway store, requested City's approval on the project, as delays to the project are becoming increasing costly. Sally Carrie, property owner in Bethel -Lund area, spoke in favor of the proposed development. Richard Capps, realtor and property owner in Port Orchard questioned traffic count on the Tremont and Sidney Avenue. Mayor Weatherill requested further input concerning City's appeal to Kitsap County Hearing Examiners ruling on Blackjack Square development. No additional response was received. Letter from Glen Kramer regarding handicap parking in City parking lot No. 2 between Frederick Street and Sidney Avenue was discussed. Councilman Grosso stated he has contacted Mr. Kramer and explained handicap parking statutes. City Attorney advised Council according to RCW 46.61.582 a handicap person can park in a legal parking space without any restrictions. Council discussed letter from Marven Parks, 306 Mitchell, requesting parking time restrictions for the 1400 block of DeKalb and Kitsap Streets. Councilman Grable recommended all streets surrounding the high school be addressed. Councilman Wilson recommended the Street/Alley Committee prepare a comprehensive map showing parking time restrictions on all City streets. May 26, 1987 Page Four Councilman Geiger moved to approve Resolution No. 1455 - establishing a two hour parking time restriction in the 1400 block of Kitsap Street and the 1400 block of DeKalb Street, seconded by Councilman Clauson. Councilman Geiger moved to amend motion to approve Resolution No. 145.5 t-o include 1400-1700 blocks of DeKalb; 100-700 blocks of Mitchell; 100-200 blocks of Farragut and 100-200 blocks of Tracy, seconded by Councilman Grable. Original motion as amended to approve Resolution No. 1455 establishing a two hour parking time restriction on the 1400 block of Kitsap Street; 1400-1700 blocks of DeKalb; 100-700 blocks of Mitchell; 100-200 blocks of Farragut and 100-200 blocks of Tracy, seconded and carried. City Clerk reported on bid opening held May 21, 1987 at 4:30 PM, relative to Call for Bids for Null Street Water Main. Bids were received with required bid bond as follows: Archer Construction $45,610.00 R.V. Associates, Inc. 40,605.87 Pape & Sons Construction 37,774.40 Sery Co, Inc. 50,230.00 Semia Construction 44,286.40 Ace Paving 39,238.00 V & J, Inc. 49,850.00 Gary Budd Construction 44,543.00 Engineer's estimate $45,400.00 Councilman Wilson moved to accept the bidding and award the contract for the Hull Street Water Main to the lowest bidder, Pape & Sons Construction in the amount of $37,774.40, seconded by Councilman Grable and carried. City Clerk reported on bid opening held May 21, 1987 at 4:30 PM, relative to Call for Bids for 1987 Street Paving. Bids were received with required bid bond as follows: Associated Sand & Gravel $61,835.00 Ace Paving 54,945.00 Engineer's estimate $59,450.00 Councilman Wilson moved to accept the bidding and award the contract for 1987 Street Paving to the lowest bidder, Ace Paving in the amount of $54,945.00, seconded by Councilman Grable and carried. Councilman Wilson moved to approve Or;dinance.N.o..1382 mending Ordinance No. 1215 and Ordinance No. 1211 to amend the legal description therein, seconded by Councilman Grable and carried. On motion by Councilman Clauson, seconded by Councilman Wilon, Council adopted Ordinance No. 1383 amending Section 5(c) of Ordinances No. 1181 and 1227 to establish fifty percent (50%) of the members of the Board of Commissioners of the Kitsap County Consolidated Housing Authority shall constitute a quorum. Councilman Clauson moved to approve Ordnance No'. 1384, repealing Ordinance No. 1378 and establish City Parking Lots 1, 2, 3, 4 & 5, seconded by Councilman Grable. May 26, 1987 Page Five Councilman Geiger moved to amend motion to approve Ordinance No. 1384, to delete Section 2(C), seconded by Councilman Grosso and carried. Original motion as amended to approve Ordinance No. 1384, repealing Ordinance No. 1378 and establish City Parking Lots 1, 2, 3, 4 & 5, with Section 2(C) to be deleted, seconded and carried. Councilman Wilson moved to approve Resolution No. 1454, establishing restrictions, time limits and fees for parking in City Parking Lots, seconded by Councilman Grable. Councilman Grosso moved to amend motion to approve Resolution No. 1454, to include designation of Lot 3 as tow away zone with the librarian or her designated agent authorized to determine violators, seconded by Councilman Grable and carried with 6 ayes and i nay. Councilman Wilson voting nay. Original motion as amended to approve Resolution No. 1454, establishing restrictions, time limits and fees for parking in city parking lots and also designating Lot 3 as a tow away zone and violators will be determined by the librarian or her designated agent, seconded and carried. Councilman Clauson moved to reconsider motion to approve Resolution No. 1454, seconded and carried. Councilman Clauson moved to further amend motion to approve Resolution No. 1454 to include that restrictions, time limits and fees for parking in City Parking Lots 1, 2, 3, 4 & 5 shall be enforced on a twenty-four hour basis, except Saturday, Sunday and federal holidays, seconded by Councilman Grosso and carried. Original motion as twice amended to approve Resolution No. 1454, establishing restrictions, time limits and fees for parking in City parking Lots 1, 2, 3, 4 and 5 and designating Lot 3 as a tow away zone with the librarian or her desigated agent to determine violators. Motion also stipulated restrictions, time limits and fees shall be enforced on a twenty-four hour basis, except Saturday, Sunday and federal holidays, seconded by Councilman Grosso and carried. Councilman Clauson recommended the Police Committee review proposed Ordinance establishing regulations and licensing for pawnbrokers and secondhand dealers and penalties for violations thereof, seconded by Councilman Wilson and carried. 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 Grable, seconded by Councilman Clauson, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 8726-8758 in the total amount of $28,391.12. Councilman Clauson moved to authorize the City Engineer to place a guardrail at the southwest corner of the Sidney/Tremont intersection, seconded and carried. May 26, 1987 Page Six Councilman Grosso moved to authorize the City Engineer to prepare plans and specifications for a new Public Work Shop building, seconded by Councilman Grable. Councilman Clauson moved to amend motion to instruct the City Engineer to review uses of the public works building and recommend source of funds to construct new public works building, seconded and carried. Original motion as amended to authorize the City Engineer to prepare plans and specifications for a new Public Work Shop and also review uses of this building and recommend source of funds to facilitate constuction of this project, seconded and carried. Meeting adjourned at 11:22 P.M. CLERK MAYOR /I