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05/09/1994 - Regular - MinutesPort Orchard, Washington May 9, 1994 Council of the City of Port Orchard, Washington, called to regular session by Mayor Protem John Clauson at 7:30 PM. Councilmembers present: Clauson, Morrison, Geiger, Powers, Van Zee and Grable. Councilman Childress excused (page 3, paragraph 8). Staff present: Police Chief Mathews, City Engineer Curles, City Planner Brown, Fire Chief Snow, City Attorney McCloskey and City Clerk Parks. Mayor Protem Clauson led the audience and Council in the Pledge of Allegiance. In response to Mayor Protem Clauson's request for audience comments for items not listed on this agenda, the following items were introduced: Delores Chandler, representing Farmers Market, voiced concern for pedestrian safety regarding the reconfiguration of the Farmers Market which allows vehicular access along the northern boundary. Paula Sceili, 1648 Bay Street, requested Waterfront Wildlife Crossing signs be placed along the shoreline near westbay area. Ms. Sceili submitted information on costs and availability of signs. Mayor Protem Clauson referred request to Street and Alley committee for review and recommendation. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved Consent Agenda items as follows: a. Minutes of the following City Council meetings: (1) April 25, 1994 Council meeting. (2) April 27, 1994 Special meeting (Draft Comp Plan Public Hearing) b. Payment vouchers as follows: Claims Warrant No. 20507 - 20580 in the amount of $72,124.08 and April Payroll Warrants No. 119655 - 119832 in the amount of $172,560.59. C. Ordinance No. 1604 amending Ordinance No. 1586 by approving a revised site plan for the South Kitsap Health Care Campus located in the 400 block of Tremont Street West; east of SR 16, between Tremont Street and Pottery Avenue (N.L. Olson and Associates, representing Harrison Hospital.) d. Authorization for Mayor to sign agreement with West CD-ROM Libraries to obtain RCW, WAC and WA Case Law Annotation on CD-ROM software for the Municipal Court. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council removed from the table, discussion on proposed work release site and proposed Memo of Understanding. Doreen Geiger, Department of Corrections, outlined the Department of Corrections preference for a long term lease with the City, regarding the location of the proposed work release facility. City Attorney McCloskey informed Council that Third Class Cities can not enter into a long term lease. However, if the property is surplused to the needs of the City it could be May 9, 1994 Page 2 of 4 sold to the Department of Corrections. After much discussion, Council and Ms. Geiger agreed to amend the Memorandum of Understanding to provide that if a sale does not take place, neither party shall be held responsible for the expenditures of the other party. Councilman Morrison moved to authorize the Mayor to sign the amended Memorandum of Understanding with the State of Washington Department of Corrections relevant to the Department of Corrections process, to acquire land for work release facility on Citx property located on Old Clifton Road. M c+ien r-c4c?cL by 60Gr) ck( U; orrc" PCB,)�s ck-n-j c0.Y- r (mod e Mayor Protem Clauson opened public hearing regarding application for Zone Reclassification as submitted by W. Darrell and Millie Cullimore. Request is to allow the conversion of a church into a tuxedo and dress shop. Councilman Van Zee stepped down from Council table due to conflict of interest. LEGAL DESCRIPTION: Attachment "A". City Planner, Donna Brown, briefed Council on Planning Commission's public hearing and recommendation against the rezone with the suggestion that Council has the authority to modify application and approve as a Special Use Permit. Mayor Protem Clauson requested public input for or against the Cullimore Rezone Application. Darrell Cullimore) applicant, spoke in support of application summarizing the bridal & tux store operations. Mr. Cullimore also addressed the desire to preserve this historic 1890`s building and the use as a bridal & tux shop would be an appropriate use and compatible with the neighborhood. Ava McClintock, 614 Dekalb, supported approval of the Cullimore Application under a Special Use Permit. Mrs. Forest Adkins voiced concern on the preservation of the residential neighborhood, speaking against approval of a commercial rezone. Mrs. Adkins did support issuance of a Special Use Permit to allow the bridal & tux shop at 322 Cline Avenue. Elizabeth Cottrel, reiterated opposition to commercial zoning but spoke in favor of a Special Use Permit. Mayor Protem Clauson called for additional public input for or against the Application for Zone Reclassification as submitted by W. Darrell and Millie Cullimore. As no further response was received, Mayor Protem Clauson closed the Public Hearing and referred matter to Council for consideration. On motion by Councilman Geiger, seconded by Councilman Morrison, Council moved to modify application as submitted by W. Darrell and Millie Cullimore from a Zone Reclassification to a Special Use Permit Application in accordance with the zoning ordinance. Public Hearing will be reopened on June 13, 1994 at 7:35 PM to take testimony and consider the modified Special Use Permit Application. The Cullimore application is requesting to locate a bridal and tux shop in an existing church structure at 322 Cline Avenue. May 9, 1994 Page 3 of 4 Mayor Protem Clauson called for a five minute recess at 8:15 PM Mayor Weatherill reconvened Council meeting at 8:20 PM. James Tracy, attorney representing Dick Brown, et al., addressed Council regarding the matter of vacating or a quite title transfer of an undeveloped portion of Perry Avenue to Doyle Marry. At the request of Mr. Tracy, Mayor Weatherill administer oath and Mr. Tracy swore that all the testimony he was submitting was the truth and factual statements. After lengthy discussion which included, but was not necessarily limited to, 1889/1890 right of way statutes and amending 1909 statues, legal aspects of matter and prospective alternatives, Mr. Tracy requested City to respond in writing to their request for resolution of the Perry Avenue right of way situation. Council members requested City Attorney and City Engineer summarize applicable laws, alternatives to resolve the Lawrence/Perry Street right of way matter and also address potential future use of this public right of way. City Engineer Curles submitted report as prepared by consultant, David Evans & Associates on the Call for Bids on the Port Orchard Bypass Canyon Court to Bethel Road widening project. All bids were accompanied by required bid bond. Bids were received as follows: Ace Paving Hilltop Construction Co. Tucci and Sons Palmer Construction Associated Sand & Gravel Tri-State Construction ENGINEER'S ESTIMATE 921,158.50 969,163.30 1,036,175.15 983,628.00 858,303.00 1,036,825.25 $1,297,310.00 On motion by Councilman Clauson, seconded by Councilman Morrison, Council accepted the bidding on the Port Orchard Bypass, Canyon Court to Bethel Road Widening Project and awarded the project contract to Associated Sand and Gravel in the amount of their low bid $858,3030.00. Councilman Morrison moved to excuse Councilman Childress from this meeting, seconded by Councilman Clauson and carried. City Planner Brown reminded Council and staff that the next continued public hearing session on the Draft Comprehensive Plan is scheduled for May 11, 1994 at 7:30 PM. On motion by Councilman Geiger, seconded by Councilman Van Zee, Council authorized the City Engineer to proceed with necessary slope easement and Quit Claim Deed document to clarify legal description in the vicinity of Pottery Avenue and Tremont Street intersection. May 9, 1994 Page 4 of 4 Councilman Morrison moved to authorize the City Engineer to advertise plans and specifications to repair the DeKalb Street waterway rip rap, seconded by Councilman Grable and carried. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the City Engineer to advertise plans and specifications to construct a concrete handicap access ramp, replace the front door and restroom door at the Municipal Court, 736 Prospect Street. On motion by Councilman Powers, seconded by Councilman Grable, Council authorized the City Engineer to advertise plans and specifications to construct a precast concrete restroom at Central Playfield, 915 Dwight Street. Councilman Geiger moved to authorize the City Engineer to proceed with the construction of the municipal portion of the Sedgwick Sewer Main extension and retain Fred Kegel and Associates to assist in design preparation and construction layout, seconded by Councilman Clauson and carried. Council designated Sinclair Inlet Water Shed Action Plan as topic of June 6 Study Session. The Watershed Action Committee has requested Council concurrence on the Plan. At the request of the City Engineer, Councilman Clauson moved to declare the (1) 1979 Chevrolet Impala VIN #1L69L9C163903, City Tag #2-31 (building inspector vehicle); (2) Unitrex 1200 Calculator with carry case, Serial No. D27K78671, City Tag #1-28; (3) Monroe 1405 Calculator, Serial No. F972173, City Tag #1-52; (4) Computer Modem CMS 2400BX, Serial No. 3028931; (5) and broken air conditioner as surplus to the needs of the City and authorized the City Engineer to dispose of these items in the best interest of the City, seconded by Councilman Grable and carried. On motion By Councilman Clauson, seconded by Councilman Grable, Council authorized the City Engineer to retain Parametrix to prepare design and operati.on plan to dispose of bio-solids at the landfill at a cost of approximately $10,000. Meeting adjourned at 9:55 PM 22 CITY CLERK MAYOR WEATHERILL C-1 �1 re- ',,d6HN CLAUSON, MAYOR PROTEM