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06/10/1991 - Regular - MinutesPort Orchard, Washington June 10, 1991 Council of the City of Port Orchard, Washington called to regular session by Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson, Childress, Morrison, Geiger, Powers, Smith and Grable. Staff present: City Attorney Haberiy, Deputy Clerk Thomas, City Planner Davis, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Smith led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilwoman Powers, Council approved the minutes of May 28, 1991 regular Council meeting as distributed. Mayor Weatherill advised Council and audience due to rescheduling, items on the agenda would not be in consecutive order. On motion by Councilwoman Powers, seconded by Councilman Smith, Council adopted Resolution No. 1577 repealing Resolution No. 1245 and creating a petty cash fund in the Port Orchard Treasurer's Office. (This action transfers responsibility of established petty cash fund from City Clerk's Office to City Treasurer's Office.) jn motion by Councilman C'iauson, seconded by Councilman Morrison, Council accepted application and authorized the issuance of a Firework Stand Permit to Stripes Retail, Inc., stand to be located in the Thurman's parking lot (1039 Bethel Avenue). On motion by Councilman Morrison, seconded by Councilwoman Powers, Council removed from table, letter from Paula Wissinger, Co -President of Bay Street Merchant's Assn. requesting use and closure of Frederick Street, Water Street and one half of the city parking area behind the Sidedoor Mall on August 3 and 4 for the Country Street Fair. After further discussion, Councilman Morrison moved to table, for additional review, letter from Paula Wissinger, Co -President of Bay Street Merchant's Assn. requesting use and closure of Frederick Street, Water Street and one half of the city parking area behind the Sidedoor Mall on August 3 and 4 for the Country Street Fair, seconded by Councilman Geiger and carried. On motion by Councilman Geiger, seconded by Councilman Grable, Council moved to remove, from agenda, tabled motion to approve Ordinance No. 1516 adopting development fee schedules for the City of Port Orchard. Councilman Geiger withdrew motion, seconded and carried. Mayor Weatherill turned over, proposed Ordinance No. 1516 adopting development fee schedules for the City of Port Orchard, to the Growth Management Committee, for further review. in motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved the purchase of an air conditioner for Police Chief Mathews office. June 10, 1991 Page Two On motion by Councilman Clauson, seconded by Councilman Grable, Council declared a 1963 International Load Star 1600 VIM #SB370706-E and the Civil Defense Jeep VIM #20470 as surplus to the needs of the City and authorized the City Engineer to dispose of them, in the best interest of the City. On motion by Councilman Grable, seconded by Councilman Geiger, Council authorized the City Engineer to prepare an ordinance amending the City's garbage collection ordinance to address undersized dumpsters and non-residential people with unusable trash cans. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council adopted Resolution No. 1578 authorizing the City Engineer to sign discharge monitoring reports and other routine documents associated with the NPOES and Joint Wastewater Facility. Councilwoman Powers moved to authorize the Mayor to sign a document in which the City agrees that in the event Agape Unlimited fails to operate the property at 810 Bay Street as an emergency shelter the City of Port Orchard shall operate a shelter on the property or make arrangements to have a shelter operated on the property until January 1, 1998, seconded by Councilman Geiger. (Seafirst Bank has requested this document as additional security for Agape Unlimited loan.) On motion by Councilwoman Powers, seconded by Councilman Smith, Council moved to table, for further review, motion authorizing the Mayor to sign document in which the City agrees that in the event Agape Unlimited fails to operate the property at 810 Bay Street as an emergency shelter the City of Port Orchard shall operate a shelter on the property or make arrangements to have a shelter operated on the property until January 1, 1998. (Seafirst Bank has requested this document as additional security for Agape Unlimited loan.) Mayor Weatherill opened Public Hearing scheduled for 8:00 PM regarding an application for a Special Use Permit as submitted by Bill Rill. The proposal is to allow construction of a funeral home at 1151 Mitchell Avenue. LEGAL DESCRIPTION: Section 36, Township 24, Rang 01E, the following described real estate, situated in Kitsap County, State of Washington, together with all after acquired title of the grantor(s) therein: Beginning at a point on the east boundary of the northwest quarter of the northwest quarter of Section 36, Township 24 north, Range I east, W.M., in Kitsap County, Washington, which is north 0*04'14" west 205.38 feet from the southeast corner of said northwest quarter of the northwest quarter and running thence north 0*04'14" west 263.52 feet; thence north 89*23' west to the easterly margin of county road; thence south 28*51'30" west along said easterly margin of county road to a point which is north 89*18'57" west of point of beginning; thence south 89*18'57" east 427.27 feet to the point of beginning; also beginning at '-he southeast corner of the northwest quarter of the northwest quarter of ection 36, Township 24 north, Range 1 east, W.M., thence east 116 feet; thence north 468.9 feet; thence west 116 feet; thence south 468.9 feet to point of beginning; except the south 205.38 feet thereof. June 10, 1991 Page Three City Planner Davis briefed Council on the proposed project and read Planning Commission recommendations for approval with 16 conditions. Bill Rill, proponent, requested Council approval and assured Council they will comply with all conditions. Dick Jacobson, adjacent property owner, spoke in favor of the Special Use Permit and acknowledged this project as a real asset to the area. Jack Fitzgerald, active member of St. Gabriel Catholic Church, also spoke in favor of having the funeral home for neighbors. City Clerk Hower stated for the record, Jan Grosso 1131 Mitchell Avenue, telephoned and voiced support for the project. Mayor Weatherill called for additional input either for or against the proposed Special Use Permit as submitted by Bill Rill. As no further response was received, Mayor Weatherill closed Public Hearing. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council adopted Planning Commission Resolution No 168-91 as their own and approved the issuance of a Special Use Permit to Bill Rill to allow construction of a funeral home at 1151 Mitchell Avenue with the following conditions: (1) A landscape plan shall be submitted and approved prior to building permit approval. Special attention shall be given to the site perimeter, site entrances, and parking lot. Mature vegetation to be retained after construction shall be identified. Method and type of parking lot lighting shall be clearly identified. (2) Planting materials shall be installed prior to building occupancy. (3) A bond shall be submitted to insure that all landscape materials will be replaced within one (1) year after date of planting if found dead or diseased. (4) An underground sprinkler system shall be installed and operational prior to project completion. (5) A property maintenance agreement shall be signed and recorded, and shall run with the land. (6) A five (5) foot minimum curvilinear street sidewalk shall be installed per city standards. (7) Approved two (2) inch caliper street trees shall be planted along Mitchell Avenue in twenty-five (25) foot intervals. Trees shall be replaced at the property owner's expense if found dead or diseased. (8) Fire hydrant locations and related improvements shall be approved by the fire department prior to building permit approval. (9) Street signage shall consist of one (1) monument sign constructed of natural material (not to exceed 32 sq. ft. each). Directional and informational signs shall also be constructed of natural materials. (10) Handicapped parking areas shall be marked and identified. (il) To mitigate offsite drainage, a detention pond shall be constructed and planted with native plant species. (12) Offsite drainage during all phases of construction shall be detained on site using hay bales, silt barriers, etc. (13) A six foot wood fence with stone or iasonry pillars shall be installed along the rear and sides of the Development. An approved landscape screen may substitute for this June 10, 1991 Page Four requirement. (14) Exterior expansion of the structure, after construction, is prohibited unless approved by the City Council. (15) An engineered drainage plan shall be submitted and approved before final building permit approval. (16) Building drive-thru porticos shall be a minimum of thirteen feet high to allow for fire fighting access. At 8:30 PM Mayor Weatherill opened Public Hearing regarding the draft of the Port Orchard Shoreline Master Program. City Planner Davis outlined the proposed Shoreline Master Program and availed himself to answer questions from the audience and Council. Howard Minor, 1400 Bay Street, cautioned Council on enacting on a Shoreline Master Plan which would cause condemnation without compensation. Jesse Traux, 807 Cline, voiced concern on potential violation of the Bill of Rights in regards to public access to shoreline. Mayor Weatherill called for additional input concerning the draft of the Port Orchard Shoreline Master Program. As no response was received Mayor Weatherill closed Public Hearing. ,layor Weatherill called for a 5 minute recess with meeting to reconvene at 9:15 PM. On motion by Councilman Smith, seconded by Councilman Grable, Council excused Councilwoman Powers from the June 24, 1991 Council meeting. Councilman Geiger moved to exempt Veteran Administration water/sewer accounts from turn-off/turn-on policy, the local Veterans Administration Property Manager is to sign Water/Sewer Account Request Form as agent for the VA, seconded by Councilman Grable and carried. On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously approved payment of city vouchers as follows: Claims Warrant No. 15166-15254 on.the amount of $118,207.58 and May 1991 Payroll in the amount of $126,039.63 (Warrant No. 113535 - 113681). Meeting adjourned at 9:55 PM. CLERK MAYOR