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03/11/1985 - Regular - MinutesCouncilwoman Miller led the audience and Council in the Pledge of Allegiance. Clerk submitted the following two bids received in response to Call for Bids for Tremont Street Overlay. Bids were publicly opened and read aloud on March 11, 1985 at 4:30 P.M.: Net Bid 1. Woodworth Company $58,598.00 + bid bond 2. Ace Paving 52,295.00 + bid bond Engineer's estimate 46,865.00 Councilman Clauson moved to accept the bidding and award the contract for Tremont Street Overlay to low bidder, Ace Paving for $52,295.00; seconded by Councilman Wilson and carried. Letter from Raymond Luty, 427 Tracy Avenue outlining poor condition of Tracy Avenue was discussed. City Engineer stated maintenance of Tracy Avenue is scheduled for this week. Councilman Wilson moved to refer Complaint for Rescission of Deed and Easement submitted by Michael R. Alfieri, attorney on behalf of Gene Marker, to the City Attorney's Office for review; seconded by Councilman Grable and carried. Councilman Wilson moved to adopt Resolution No. 1383 authorizing cancellation of Claims Fund Warrant in the amount of $11.23; seconded by Councilman Grable and carried. Councilman Clauson moved to reject Claim for Damages submitted by Ron Thompson, attorney for David Patrick Foster and Anthony John Foster and refer matter to City's insurance -carrier for review; seconded by Councilman Geiger and carried. At 7:45 P.M. Mayor Weatherill opened Public Hearing relative to application for Zone Reclassification as submitted by Ron Ross for his property located in the'northwest quadrant of the intersection of Sweany Street and Sidney Avenue. Mayor Weatherill called for public input from those persons in favor of reclassifying Ron Ross property from Residential High to Commercial General. Mark Triplett of TRS Development representing Ron Ross spoke in support of proposed Zone Reclassification. Mr. Triplett outlined proposed project of a two-story building which will house an office comp 1exanda deli/restaurant with parking under and along front of the building. Mayor Weatherill called for -public input from those persons in opposition to Ron Ross request for Zone Reclassification. Richard Fulton, representing Bethany Lutheran Church voiced concerns of increased traffic in vicinity of their school and questioned legality of sale of alcoholic beverages within 500 feet of a.church. Page 2 March 11, 1985 Allen Ryan, 619 Sidney and Richard Sanborn, 511 Austin spoke in opposition to Zone Reclassification citing increased traffic and. detrimental effect of commercial establishment on residential :. neighborhood as basis for opposition. Clarence Dahlke questioned potential future need of this property for Kitsap County Courthouse use. Mr. Triplett adressed concerns voiced by those opposed to Zone Reclassification, stating traffic flow generated by Kitsap County, Courthouse employees at lunchtime would be reduced with locating a deli/restaurant adjacent to the courthouse and the'sale.of alcoholic. beverages would be controlled by the Washington State Liquor Control Board. Mr. Triplett also advised Council and audience this property has been offered to Kitsap County for their use however Kitsap County officials have stated they have no interest in acquiring it for County use. Kenneth Vennes also spoke in opposition stating as a former summer employee of the Kitsap County Courthouse, it is his opinion that county employees would not exclusively use this deli/restaurant but would continue to "run errands" and utilize other restaurants as well as the proposed deli/restaurant-therefore a.significant reduction of lunch traffic would not occur. Councilman Wilson moved to table Public Hearing relative to request for Zone Reclassification submitted,by Ron Ross until next council meeting; motion died for lack of second. Councilman Geiger moved to approve application for Zone Reclassifi- cation from Residential High to Commercial General as submitted by Ron Ross for his property located in the northwest quandrant of the intersection of Sidney and Sweany; seconded by Councilman Clauson. Motion failed with two ayes (Grosso and Clauson) and four nays (Grable, Miller, Geiger and Wilson); LEGAL DESCRIPTION: "Lots 6, 7, 8, Block 2, Plat of Sweany's Addition to Sidney" as as recorded in Vol 1 of Pla.ts, Page 55, Records of Kitsap County, Washington. Mayor Weatherill closed Public Hearing. Mayor Weatherill called for recess with meeting to reconvene at 8:45 P.M. Mayor Weatherill reconvened meeting and announced that in the Appearness of Fairness he would relinquish the chair to Mayor Pro-tem Grosso for Public Hearing relative to Application for Zone Reclassi- fication as submitted by C.J. Investments/Jim James. Mayor Pro-tem Grosso opened Public Hearing relative to Application for Zone Reclassification as submitted by C.J. Investments/Jim James for his property located in the northwest quadrant of the intersection of Sidney and Tremont. Mayor Pro-tem Grosso called for public input from those in favor of this request for Zone Reclassification. Jim James spoke in support of proposal to construct a 12 unit apart- ment complex at this location. Tom Herstad of Len Heather Designs spoke in favor of Zone Reclassifi- cation outlining proposed project's cost effectiveness. Mayor Pro-tem Grosso called for public input from those persons in opposition to zone reclassification as requested by Jim James/C.J. Investments. Page 3 March 11, 1985, Owen Bauchanan, 1471 Bill Avenue; Nathan Holeman, 1451 Bill Avenue; George Goodrow, 1460 Bill Avenue; Gary Hunsaker, 701 Jones Drive; Chuck Johnson, 1450 Bill Avenue and Dickey Johnson, 1450 Bill Avenue spoke against Zone Reclassification as requested by C.J. Investments/Jim James citing increased traffic on a dead- end street, no recreational facilities for childreh, potential danger to wildlife, and the effect of a multi -family, dwelling unit in a single family residential area. Councilman Clauson moved to deny request for Zone Reclassification as submitted by C:J. Investments/Jim James for property locAted in the northwest quadrant of the intersection of Tremont Street and Sidney Avenue; seconded by Councilman Grable and carried.. LEGAL DESCRIPTION: attached Exhibit "A" Mayor Pro-tem Grosso declared C.J. Investments/Jim James request for Zone Reclassification denied and public -hearing closed. Mayor Pro-tem Grosso called for recess at 9:10 P.M. At 9:25 P.M. Mayor Weatherill called meeting back -to regular session. Paul Buettgenbach and Dave Renko of Budget Towing questioned Council position on their request 'to revise towing regulations. City Attorn.ey_` stated his office is in process of researching matter. Mr. Skip Olmstead, a Bremerton- .retail store employee presented a petition from non -shipyard footferry commuters opposing the parking time limit in downtown Port Orchard. Councilman Clauson moved to direct City Engineer to research problems in the Council Chambers sound system and to correct the problem; seconded by Councilman Wilson and carried. Councilman Grable read letter from the Port Orchard Volunteer Fire- fighters Association requesting the new fire truck which is on order be painted lime -yellow. Assistant Fire Chief Terry Bontrager and Jim Scott, President of the Volunteer Firefighters Association spoke in favor of painting the new fire truck lime -yellow to standarize the color of department vehicles and suggested lime -yellow provids a,higher level of safety for firefighters. Councilman Miller moved to paint the new fire truck lime -yellow; seconded by Councilman Geiger. Councilman Clauson moved to amend motion to s.tate new fire truck to be painted yellow providing this change will cause no additional cost to the City; seconded by Councilman Wilson and carried. Original motion as amended to paint new fire truck lime -yellow providing color change will be of no additional cost.to the City, carried. Councilman Wilson moved to approve Ordinance No. 1303 amending Ordinance No. 1152, Section 14, regulating parking time limits on certain City Streets and parking lots; seconded by Councilman Clauson. Councilman Grosso moved to amend motion to designate Lot 3 include all city property east of library property; seconded by Councilman Miller and carried. Councilman Geiger moved to.further amend motion to designate library property as four-hour parking;.seconded by Councilman Clauson and carried. Original motion twice amended to approve Ordinance No. 1303 amending Ordinance No. 1152, Section 14 regulating parking time limits on certain City streets and parking lots including library property, carried. Clerk read letter from Mayor Weatherill to Sharon Picinich appointing Ms. Picinich to a consecutive six year term on the Port Orchard Planning Commission. Councilman Clauson moved to confirm Mayor Weatherill's appointment of Sharon Picinich to the Port Orchard Planning Commission for a six year term effective January 1, 1985 December 31, 1990; seconded and carried. Councilman Geiger moved to authorize payment of the bills in the amount of $322,481.76 (Warrant No. 5142-5263) and the February payroll in the amount of $89,165.04 (Warrant.No,.'1041.94-104301); seconded by Councilwoman Miller and carried. Councilman Geiger moved to direct the Mayor to write letter to Department of Veterans Affairs requesting easement across Retsil Veterans Home property to provide access to house "located on Wastewater Treatment Facility property; seconded by Councilman Clauson and carried. Copies of letter to also be sent to State Legislators. Councilman Geiger moved to authorize an ordinance be prepared allowing for the transmittal of an amount equal to Seven Dollars per City Sewer Utility account to.the Kitsap County Operational Fund to provide for City's share of maintenance for Wastewater,:`'= Treatment Facil.ity;�seconded by Councilman Grosso.'and'carried. Councilman Grosso moved to authorize a letter be directed to Washington State Senators supporting exemption of Fire Department . vehicles from IRS taxes at the rate of $4.00 per day; seconded by Councilman Clauson and carried. Councilman Clauson moved to declare surplus the Police Department Savin Copy Machine and authorize Police Chief Mathews to dispose of it in the best interest of the City; seconded by_Councilman Grable and carried. Councilwoman Miller moved to allow Lynn Goldin, Chief Operator of .Wastewater Treatment Facility to temporarily locate his RV on Treatment Plant Property and to act as night security; seconded by Councilman Grable and carried. City Engineer gave report on Bid o-p-.ening on Heat Pump -Municipal Court. City Clerk had publicly opened and read aloud three bids received in response to Call for Bids for Heat Pump -Municipal Court on February 28, 1985 at 4:30 P.M. Net Bid 1. A & M Heating $6,100 + bid bond 2. Tinners (2 Pumps) 12,600 + bid bond 3. Rays 6,594 + bid bond Engineer's estimate 6,200. Councilwoman Miller moved to accept;the..bidding.-and award,:the bid.;- for supplying and installing .a Heat rump Municipa'i Court to A & M Heating who submitted low bid of $6,100(net); seconded by Councilman Grosso and carried. Page 5 March 11, 1985 Councilman Wilson moved to authorize Mayor Weatherill to sign work Change Order No. 6 (Wastewater Treatment Facility) which encompasses 9 work changes at a cost of $2,824; seconded by Councilman Geiger and carried. City Engineer advised Council an approximate $10,000 is required for erosion control on the Port Orchard Bypass Project. Councilman Geiger moved to adopt Resolution No. 1384 authorizing the Mayor to sign the City -County Agreement with the Washington State Department of Transportation relative to the traffic signal at Tremont Street and Sidney Avenue; seconded by Councilman Clauson and carried. At 11:10 P.M. Mayor Weatherill called an Executive Session to discuss a personnel matter at the request of Councilman Clauson. At 11:25 P.M. Mayor Weatherill called metting back to regular session. Councilman Clauson informed Council and Mayor as to status of Special Committee formed to review City telephone system. Mayor Weatherill adjourned meeting at 11:45 P.M. -„ �`�.-r— Cl e r k-�-c—e�'' Mayor