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03/27/1995 - Regular - MinutesPort Orchard, Washington March 27, 1995 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie Weatherill at 7:30 PM at City Hail, 216 Prospect Street. Councilmembers present: Clauson, Childress, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Police Chief Mathews, Deputy Clerk Hager, City Planner Brown, City Engineer Curles, Deputy Fire Chief Wernet, City Attorney McCluskey and City Clerk Parks. Councilman Grable led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was received. On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously approved the consent agenda as follows: a. Minutes of the March 13, 1995 Council meeting. b. Payment vouchers as follows: Claims Warrant No. 22268-22350 in the amount of $68,647.41. C. Application for Public Events - Kitsap Mustang Car Show - Saturday, July 29, 1995. Patsy A. Peirce addressed Council regarding a request for a waiver of garbage service and relief of a $400.00 bill for two years of garbage service which she did not utilize. Mayor Weatherill directed City Staff to prepare a letter to South Sound Sanitation explaining the City does not grant waivers of mandatory service requirements and urged South Sound Sanitation to settle this dispute with Ms. Peirce. Mayor Weatherill opened Public Hearing relevant to application for a Special Use Permit as submitted by the American Legion Post #30 to allow the conversion of a public works garage and storage yard into a new American Legion Hall, at 615 Kendall Street. LEGAL DESCRIPTION: Section 26, Township 24, Range 1 East, Lots 15 through 20, Block 10, Sweany's Addition to Sidney, as recorded in Volume I of Plats, page 55 in Kitsap County, Washington. City Planner Brown reviewed the Special Use Permit Application, gave staff report and outlined the Planning Commission recommendation for approval with conditions. Mayor Weatherill called for public input for or against the American Legion Post #30's application for a Special Use Permit which would allow the conversion of a public works garage and storage yard into the new American Legion Hall. Mrs. William Butler, 907 Austin, questioned whether alcoholic beverages would be served on the premises and what the occupancy limit is for the building. George Wilson, representing American Legion Post #30 assured Ms. Sutler that the Post does not operate a bar nor have they every had any complaints regarding functions held in their facility. Dave Roembke, 921 Cline, reiterated Mrs. Sutlers concerns and questioned potential noise levels from functions which could be held at this facility. March 27, 1995 Page 2 of 3 Police Chief Mathews advised audience and Council that the Police Department has never been called to the American Legion Post #30 for any disturbance. Mayor Weatherill called for additional input either for or against the proposed Special Use Permit Application. As no further additional input was received, Mayor Weatherill closed the public input portion of the Public Hearing and referred matter to the City Council for their consideration. On motion by Councilwoman Powers, seconded by Councilman Grable, Council adopted Planning Commission Resolution No. 227-95 as Council's own action and approved issuance of a Special Use Permit to the American Legion Post #30 to allow the conversion of a public works garage and storage yard into a new American Legion Hall, located at 515 Kendall Street with the following conditions: 1. A building permit shall be obtained prior to any construction on the site. 2. All renovations to the site must comply with the Zoning Code. 3. Contingent upon the provision of 15 parking spaces at the Givens Center, the project site must provide only 20 spaces on site if the addition is constructed as shown on the preliminary site plan. Otherwise, the site must provide the total number of required parking spaces as required in the Zoning Code. 4. Landscaping requirements which pertain to commercial uses shall apply to this site to help buffer the use from adjoining residences as best determined by the City Planner. 5. A lighting plan shall be submitted and approved prior to placement of outdoor illumination and shall be oriented away from neighboring residences. 6. This Special Use Permit is contingent upon the sale and transfer of property with the City. Otherwise this permit shall be null and void. Eric Netter, Right Way Repair, 2503 Mile Hill Drive, submitted an appeal to the Notice to Abate his business sign which is located on city right-of-way. Mr. Netter requested permission to leave his sign in the right-of-way but to raise it 3 to 4 feet which will allow for better traffic visibility. Councilwoman Powers moved to grant an extension of abatement to April 10, 1995 to mitigate the sign problem, seconded by Councilman Van Zee. Motion failed with 7 nays. Mayor Weatherill advised Mr. Netter that he must comply with the Notice to Abate and have the sign removed by noon on March 28, 1995 and further instructed Mr. Netter to contact the Building Department for coordination of sign placement to comply with City Sign Ordinance. Mayor Weatherill called for a recess with the meeting reconvening at 8:45 PM. On motion by Councilman Clauson, seconded by Councilman Grable, Council excused Councilwoman Powers from the April 10, 1995 Council meeting. On motion by Councilman Morrison, seconded by Councilman Grable, Council authorized the City Engineer to repair and seal the west wall of the downtown library at 87 Sidney, with the expenditure not to exceed $1,000. March 27, 1995 Page 3 of 3 On motion by Councilman Morrison, seconded by Councilwoman Powers, Council instructed Mayor Weatherill to direct a letter to Fire District No. 7 advising the District that prior to establishing a Joint Committee to discuss potential merging of services, the City must receive a full written proposal detailing all services the Fire District can and will provide. During prior Fire Committee/District meetings questions were submitted to the District to help clarify several concerns regarding the impact to the community of merging/contracting with the District for fire services. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to sign Real Estate and Sales Agreements with Amercian Legion Post #30 for the sale of City property located at 615 Kendall Street and the City's purchase of the American Legion property at 200 Prospect Street. On motion by Councilman Morrison, seconded by Councilman Grable, Council authorized the City Engineer to negotiate with Apply -A -Line for the stripping of city streets. Engineer Curles reviewed up coming construction projects that will be installing utility main lines during their development. Mayor Weatherill referred question of applicability of granting Waiver of In lieu of Assessment Fees to the Water/Sewer Committee. On motion by Councilman Geiger, seconded by Councilman Clauson, Council concurred with Sewer District No. 5 Commissioners approval of a Joint Sewer Treatment Plant budget increase up to but not to exceed $30,000. This budget amendment is to fund additional operational expenses. On motion by Councilwoman Powers, seconded by Councilman Grable, Council authorized the Mayor to sign the Community Development Block Grant application in the amount of $11,589.00 for the construction of the Central Playfield Restroom. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to sign proposal to rebuild 60' of the DeKalb Waterway dock and to bring the floats to the Department of Fisheries Standards at a cost of $4,000. Engineer Curles requested Council clarification on preferred alternative for the downtown waterfront parking lot landscaping (between Sidney and Frederick Avenue). After discussion on two alternative plans, Mayor Weatherill referred matter to the Street/Alley Committee for recommendation. Councilman Geiger proposed that Prospect Street be changed to one way traffic with diagonal parking. Mayor Weatherill referred matter to Street/Alley Committee for review and recommendation Meeting adjourned at 9:45 PM. i�.; . I - 5-1 PATRICIA PARKS, CITY CLERK r LESLIE J. WEATHERILL, MAYOR