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03/10/1997 - Regular - MinutesPort Orchard, Washington March 10, 1997 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 P.M. at City Hall, 216 Prospect Street. Councilmembers present: Clauson, Wyatt, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Police Chief Mathews, City Treasurer Tompkins, City Planner Gross, City Engineer Curles, Fire Chief Snow, Deputy Clerk Hager, City Clerk Parks and City Attorneys Hanson and Ryan. Councilman Wyatt led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. Herbert Posey, 4603 SE Horstman Road, expressed a concern with the lack of city limit signs on Horstman Road (eastern city limits). Mayor Weatherill advised Mr. Posey a city limit sign will be posted on Horstman Road. Mayor Weatherill opened the 7:30 P.M. Public Hearing regarding the Special Use Permit to convert the existing single family residence into a 3-chair hair styling salon with 3 employees and potential expansion to provide for manicures, pedicures and facial waxing. The site is zoned Residential Low and located at 2143 Bethel Avenue. LEGAL DESCRIPTION: Attachment "A". City Planner Gross gave the staff report on the proposed Special Use Permit and advised of the Planning Commissions recommendation for approval. Elizabeth Gibson, owner of Real People Beauty Salon, stated they are currently working on the septic and electrical inspections as well as the handicap parking requirements. During discussion, several Councilmembers expressed a concern with inadequate parking and landscaping standards. Linda Wyatt, 983 Olney Avenue, suggested approving the Special Use Permit with only 2 chairs which would allow for minimal parking and sewer requirements and when an expansion is needed this issue could be reviewed at a later date. Mayor Weatherill called for additional public input from the audience either for or against the proposed Special Use Permit. As no response was received, Mayor Weatherill closed the public input portion of the public hearing and referred this matter to Council for their consideration. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council approved the issuance of a Special Use Permit to Pat Peirce, property owner representing Real People Beauty Salon, to allow the conversion of an existing single family residence into a 3- chair hair styling salon with 3 employees and potential expansion to provide manicures, pedicures and facial waxing. This Special Use Permit will be allowed with six conditions as recommended by the Planning Commission, with the modification to condition #3 and the addition of condition #7: 1. Building Permit Number 8416 shall be amended to include occupancy of the building. A Certificate of Occupancy will not be issued until all the conditions of approval outlined below are met. Review of the electrical system by Department of Labor and Industries for load approval, proper sizing and location of outlets is required. This approval shall be provided to this office in writing prior to the issuance of the Certificate of Occupancy. 2. No exterior lighting shall be permitted to reflect on adjoining residential properties. March 10, 1997 Page 2 of 4 3. The property shall connect to the sanitary sewer syst 4. There shall be one (1) handicap parking stall, posted with the State approved sign, located by the entrance door. 5. All signage shall conform to Section 5.2B(8 & 9) of the Zoning Ordinance. A sign permit is required, prior to sign installation. 6. The terms of the Special Use Permit shall commence within 180 days from the effective date of approval. If the time limit for development expires and development has not commenced, or the use permitted by the permit does not exist, the permit shall be considered void. No notice need be given nor hearing held. Mayor Weatherill called for a 5 minute recess with meeting reconvening at 8:20 P.M.. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council removed from the table the Tabled Motion to reconsider Ordinance No. 1665 adopting a general business license in the City of Port Orchard. (Motion to table, presented at the 11/12/96 meeting by Councilman Clauson, seconded by Councilman Geiger.) Bill Olson, President Farmers Market, questioned the proposed ordinance and asked if each Farmer's Market vendor is required to apply for their own business license. City Treasurer Tompkins, referenced proposed Ordinance No. 1665, Section 5C, Exemptions, "no license shall be required of any farmer, gardener or other person to sell, deliver or peddle any fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered or produced . ". Mrs. Tompkins further advised this exemption does not apply to home craft vendors. After much discussion, Councilman Morrison presented motion to adopt Ordinance No. 1665 repealing Ordinances No. 960, 949, and 784 and establishing General Business Licensing; describing the process for business license application, review, approval, and appeals; defining violations and providing penalties, as presented in the draft revision dated January 27, 1997. Motion was seconded by Councilman Clauson and approved with a vote of 6 ayes and 1 nay (Councilman Geiger voting nay). On motion by Councilman Morrison, seconded by Councilman Clauson, Council adopted Resolution No. 1765 repealing Resolution No. 1756 and establishing fees for penalties and appeals for city business licenses. On motion by Councilman Grable, seconded by Councilman Clauson, Council approved the consent agenda as follows: a. Minutes of the following Council meetings: (1) February 24, 1997 regular meeting (2) February 19, 1997 Study Session re: zoning code ordinance (3) March 3, 1997 Study Session re: Bethel Wye Roundabout March 10, 1997 Page 3 of 4 b. Approval of Claim Warrant Nos. 26302-26394 in the amount of $92,596.54 and February 1997 Payroll Warrant Nos. 126478-126668 in the amount of $211,625.82. C. Ordinance No. 1676 amending Ordinance No. 1674 by modifying Condition No. 17 allowing the redesign of Old Clifton Road and Lloyd Parkway intersection with 4 conditions, R.V. Sand and Gravel, Petitioner. d. Resolution No. 1764 repealing Resolution No. 1377 and establishing employee benefits for non -union represented employees. e. Approval for Mayor Weatherill and Chief Mathews to sign revised DUI Task Force Mutual Aid Agreement and Interlocal Agreement. f. Approval to declare the following vehicles and miscellaneous office equipment as surplus and dispose of in the best interest of the City: (1) Police Vehicle, 1988 Chevrolet Caprice, License No. 00909D, VIN #1G1BL5167JR182480; (2) Police Vehicle, 1989 Chevrolet Caprice, License No. 06410D, VIN #1G1BL517XKR186839; (3) three computer printers, a CPU monitor, air conditioner and answering machine. On motion by Councilman Morrison, seconded by Councilman Clauson, Council excused Councilwoman Powers from the April 14, 1997 and May 26, 1997 Council meetings. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the expenditure of $1,500 to Applied Environmental Services, Inc. for the review of the revised wetland mitigation plans with the condition the developer of the Si dney/Sedgwi ck interchange reimburse the City $1,500 prior to the review work commencing. On motion by Councilwoman Powers, seconded by Councilman Morrison, Council extended the Residential Subdivision Moratorium an additional 6 months, to expire on September 25, 1997. A Public Hearing has been set for April 28, 1997 at 7:30 P.M. concerning the Residential Subdivision Moratorium extension. City Planner Gross requested a public hearing date be set for an emergency amendment to the Comprehensive Plan, updating the Transportation Element, in order to receive Puget Sound Regional Council certification. On motion by Councilwoman Powers, seconded by Van Zee, Council set May 12, 1997 at 7:30 P.M. as a Public Hearing for an emergency amendment to the Comprehensive Plan updating the transportation element in order to receive Puget Sound Regional Council certification. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City Engineer to reallocate parking spaces in parking lot #4 to comply with the Americans With Disability Act. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized waiving the In Lieu of Assessment Fees for the Berry Lake Mobile Home Park, located at 512 Berry Lake Road, Ed Quesnell owner, (Tax Account Nos. 032301-4-020-2003 and 032301- 4-028-2005), due to the improvements of the water system by the developer. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the expenditure of $2,292. for the 1997 Kitsap Regional Coordinating Council dues. March 10, 1997 Page 4 of 4 On motion by Councilman Van Zee, seconded by Councilman Clauson, Council declared the ArcView system software, as surplus to the needs of the City and authorized the City Engineer to dispose of the software in the best interest of the City. Council designated the week of June 2, 1997 as Spring Clean-up in the City of Port Orchard. Mayor Weatherill convened Council into Executive Session for 10 minutes to discuss pending litigation. Mayor Weatherill reconvened Council into regular session and adjourned meeting at 9:20 P.M. Michelle Hager, Deputy Oty Clerk LESLIE J. WEATHERILL, MAYOR March 10. 1997 Attachment "A" LEGAL DESCRIPTION for 2143 Bethel Avenue SECTION 36 TOWNSHIP 24 RANGE 01: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST 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 A POINT ON THE WEST MARGIN OF MITCHELL ROAD, WHICH IS SOUTH 0*08' 17" EAST 1330.97 FEET AND SOUTH 89* 19' EAST 715.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 36; THENCE FOLLOWING THE WEST MARGIN OF MITCHELL ROAD IN A SOUTHWESTERLY DIRECTION, A DISTANCE OF 464.71 FEET TO THE SOUTHEAST CORNER OF PROPERTY DEEDED TO PUGET SOUND POWER AND LIGHT COMPANY BY DEED UNDER AUDITOR'S FILE NO. 563648, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHWESTERLY ALONG THE WEST MARGIN OF MITCHELL ROAD, A DISTANCE OF 250.00 FEET; THENCE NORTH 89*19' WEST 435 FEET, MORE OR LESS, TO THE EAST MARGIN OF STATE ROAD NO. 14; THENCE FOLLOWING THE EASTERLY MARGIN OF STATE ROAD 14 IN A NORTHERLY DIRECTION 247 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 89*19' WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89*19' EAST 462 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE EASTERLY 200 FEET, THEREOF, (AS MEASURED PARALLEL TO THE WESTERLY MARGIN OF MITCHELL ROAD); CONVEYED TO JESSE E. TRUAX AND LAVRETTA J. TRUAX, HIS WIFE, BY DEED RECORDED UNDER AUDITOR'S FILE NO. 656319, AND LAWRENCE CAIN AND MARY CAIN, HIS WIFE, BY DEED RECORDED UNDER AUDITOR'S FILE NO. 802490.