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04/13/1987 - Regular - MinutesPort Orchard, Washington April 13, 1987 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Lloyd, Grosso and Grable. Also present: City Attorney McCluskey, Police Sargent Loflin, City Engineer Curles, Fire Chief Snow, Administrative Assistant Thomas, and City Clerk Hower. Councilman Clauson led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grosso, seconded by Councilman Wilson, Council approved the minutes of the March 23, .1987 as distributed. Mike Ossewaard, National Guardian Alarm Service, who is installing a fire alarm system for the Port of Bremerton, Port Orchard Marina, requested permission to rent a parking stall for 30 days to park their construction trailer. N Councilman Grosso moved to approve request submitted by Mark Ossewaard of National Guardian Alarm Service, and authorize the rental for 30 days of a parking space adjacent to Port Orchard Marina construction site, seconded by Councilman Wilson and carried. Don Doyle, Playland Shows, Inc.,. requested permission to hold a. carnival at South Kitsap Mall, April 22-26, 1987. Mr. Doyle - H presented Council with the Certificate of Insurance coverage and a check for $500.00 for the City license. Councilman Grosso moved to approve Playland Shows, Inc., request to hold a carnival at South Kitsap Mall, April 22-26, 1987, seconded by Councilman Clauson. Councilman Grable moved to amend motion to state issuance of a Carnival License is contingent upon the approval of the Fire Chief, seconded by Councilman Wilson and carried. Original motion as amended to approve Playland Shows, Inc., request to hold a carnival at South Kitsap Mali, April 22-26, 1987, contingent upon approval of the Fire Chief, carried. Mayor Weatherill opened Public Hearing scheduled at 7:45 PM regarding application for a Special Use Permit submitted by Joan Case to allow existing residence at 904 Dwight to be used as a law office and apartment. City Attorney McCluskey summarized Public Hearing process and instructed audience on procedure for submitting testimony. City Engineer Curles gave a brief outline of action taken at Planning Commission meeting. Mayor Weatherill called for Public Input relevant to application for Special Use Permit which would allow existing residence at 904 Dwight to be utilized as a law office (mainfloor) and residential apartment (upstairs). April 13, 1987 Page Two Joan Case, proponent spoke in favor of allowing Special Use Permit. Ms. Case's testimony, included, but was not limited to the following information and documents to support her application; (1) cited current zoning of property (residential high) and stated a law office is an allowable use within this zoning upon issuance of a Special Use Permit; (2) outlined daily clientele scheduling and anticipated "traffic" generated by her law office (2 attorneys -maximum 8 appointments daily); (3) discussed provisions for off street parking; (4) map of the city showing location of properties which have Special Use Permits, many of which were to allow law offices within residential neighborhoods; (5) letter from Mr. Florence Knickerbocker, resident adjacent to Ms. Case' law office, stating no problems were incurred from noise, litter, encroachment onto her property or anything from the office activities or from clientele. Ace Comstock, realtor urged Council to approve application for Special Use Permit and addressed concerns expressed at Planning Commission hearing. N Gene Caldwell; owner of 904 Dwight, presented petition signed by eight neighboring property owners stating they have no objection to approval of a Special Use Permit allowing an attorney's office at 904 Dwight. Patricia Jackson, attorney within Ms. Case's office, supported application and assured Council clientele utilizing their services are on their best behavior. Delores Barringer and Sharon Tyler, spoke in favor of allowing Special Use Permit. Norma Summer, Director of Social Service Agency for South Kitsap, stated she is in Joan Case's Law Office approximately 2-3 times each week and has never encountered any problems or witnessed any incident involving clients. Julia Reese, legal secretary, advocated approval of this application. Mayor Weatherill called for further input for the Special Use Permit. No response was received. Mayor Weatherill called for Public Input against the Special Use Permit submitted by Joan Case to allow law office and apartment in existing residence at 904 Dwight. Art Heng, 520 Sweany, spoke against the proposed Special Use Permit, opposed to businesses in residential area and voiced concern of parking problems. John Earhart, 916 Kitsap, questioned why.so many Special Use Permits are issued for businesses within residential areas when their are many empty offices in the downtown areas. Mr. Earhart further stated the City should "draw the line" on allowing businesses in neighborhood areas by denying this Special Use Permit. David Printz, 922 Dwight, reiterated "draw the line" principal proposed by John Earhart and urged Council not to set precedent by allowing a business in this neighborhood Mr. Printz also discussed increased traffic and potential parking problems. Don Vaughn, 520 Harrison opposed businesses getting a foothold in residential areas which can change the character of neighborhoods. April 13, 1987 Page Three Jim Young, 934 Dwight, stated this is a nice neighborhood zoned residential not commercial and he would like to see it kept that way. Councilman Grosso asked Joan Case if she intents to make the apartment her personal residence. Ms. Case responded that she or someone within her family would occupy the apartment. Councilman Geiger questioned Ms. Case on availability of existing office space in Port Orchard. Ms. Case informed Council she has been looking approximately one year for a new office location which would be within walking distance to the Courthouse and offer the atmosphere she desires, 904 Dwight meets her office needs. Mayor Weatherill called for further input against issuance of Special Use Permit. As no further input was received Mayor Weatherill closed public input portion of Public Hearing. N Councilman Grosso moved to approve application for a Special Use Permit submitted by Joan Case to allow existing residence at 904 Dwight to be used as a law office, and residential apartment, seconded by Councilman Clauson and carried with 6 aye,s and 1 nay. Councilman Grable voting nay. Mayor Weatherill called for recess and reconvened meeting at 8:50 PM. Councilman Wilson moved to deny Claim for Damages submitted by Luella Patterson, seeking reimbursement of $93.24 for damage to her vehicle at corner of DeKalb and Cline, seconded by Councilman Clauson. Luella Patterson, addressed Council regarding Claim for Damage and answered questions from Council. Councilman Geiger moved to table motion regarding Claim for Damage as submitted by Luella Patterson seeking reimbursement of $93.24 for damage to her vehicle at corner of DeKalb and Cline for further investigation by Police Department and City Engineer, seconded by Councilman Wilson and carried. Councilman Wilson moved to concur with Mayor Weatherill's proclamation, declaring May 16-23, 1987 as "Kids Safety Week", seconded by Councilman Grable and carried. Councilman Grosso moved to deny request from the Port Orchard-Jenotepe Sister City Committee requesting permission to place an informational table on city property in the vicinity of the Port Orchard Library, seconded by Councilman Clauson and carried. Steve Brynie, of Mr. Butcherman, requested use of the Active Club Building to conduct seminars regarding meat purchasing, packing and handling. Participants will be charged a nominal fee. Councilman Grosso moved to approve Steve Brynie, of Mr. Butcherman, request to use the Active Club Building to conduct educational seminars about meat. However this is not to interfere with other activities already scheduled in the Active Club Building, seconded by Councilman Wilson and carried. Art Mikelsen, South Kitsap Western Little League, questioned effects of Pony Colt field improvements on the South Kitsap Western Little League leased property. April 13, 1987 Page Four Mayor Weatheriil requested City Engineer review the Pony Colt Lease and South Kitsap Western Little League Lease for correct boundaries of property. Jean Cronce, Farmers Market Association President, spoke to Council regarding Farmer's Market being opened Wednesdays in addition to Saturdays. Councilman Lloyd moved to reconsider failed motion made at the March 23, 1987 meeting. (Motion: authorizing closure of Frederick Street between Bay Street and the marina parking area on Wednesday from 7:00 AM to 1:30 PM for the Farmers Market.), seconded by Councilman Grosso and carried. Councilman Grosso moved to amend motion to allow the closure of Frederick Street between Bay Street and the marina parking area on Wednesdays with the street to be cleared by 11:30 AM, seconded by Councilman Clauson and carried. Original motion as amended to allow the closure of Frederick Street between' Bay Street and the marina parking area on Wednesdays with the Street to be cleared by 11:30 AM, seconded and carried. i Councilman Grable moved to close the marina restrooms, seconded by Councilman Clauson. Councilman Clauson moved to amend motion to give keys to Farmer's Market and the Port Of Bremerton staff for the marina restroom, for their use only, seconded by Councilman Grable. Motion failed with 2 ayes and 5 nays. Councilmen Grosso, Geiger, Lloyd, Wilson and Childress voting nay. Doug Wright addressed council concerning road easements on South Flower Street. Councilman Wilson moved to authorize the City Engineer to work with Mr. Wright to study possibility of setting up a LID for the construction of a road on South Flower Street, seconded by Councilman Grosso and carried. Mayor Weatherill concurred with Parks Committee recommendation that all information that is available concerning Scott Scribner's request that the City of Port Orchard mark and maintain a historical grave site north of Fire Station No. 2 be sent to Mr. Scribner and remove this item from the agenda. Vouchers audited and certified by the auditing officer (City Clerk) as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing and made available to the Council. On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 8526-8613 in the amount of $90,580.96 and March, 1987 payroll Warrant No. 107179-107291 in the total amount of $90,968.32. Councilman Wilson moved to establish a monthly parking permit program for the waterfront paid lots, seconded by Councilman Grosso. Councilman Geiger moved to amend motion to limit the monthly parking permit program to the west lot with a fee of $22.00 per month, seconded by Councilman Grosso and carried with 4 ayes and 3 nays. Councilmen Grable, Childress and Clauson voting nay. April 13, 1987 Page Five Original motion as amended to establish a monthly parking permit program for the waterfront paid lots and limit the monthly parking permit program to the west lot with a fee of $22.00 per month, seconded and carried with 4 ayes and 3 nays. Councilman Grable, Childress and Clauson voting nay. Councilman Clauson moved to raise the rates at the east parking lot from $1.00 to $2.00, seconded by Councilman Grable, and carried with 4 ayes and 3 nay. Councilman Lloyd, Geiger and Wilson voting nay. Councilman Clauson moved to amend motion to raise the rates at the east parking lot from $1.00 to $2.00 for each 12 hour interval, seconded by Councilman Grable. Motion carried with 5 ayes and 2 nayes. Councilmen Geiger and Wilson voting nay. On original motion as amended to parking lot from $1.00 to $2.00 seconded and carried with 5 ayes and Wilson voting nay. raise the rates at the east for each 12 hour interval, and 2 nayes. Councilmen Geiger Councilman Clauson moved to authorize the City Engineer to accept the proposal from Professor Nece of the University ofi Washington to evaluate the accuracy of the Parshall Flum for $1,000.00, seconded by Councilman Geiger and carried. Councilman Geiger moved to declare two Public Works pickup trucks (1972 Dodge and 1965 Chevrolet), and sand separator as surplus' and authorize the City Engineer to dispose of these items in the best interest of the City, seconded by Councilman Clauson and carried. Meeting adjourned at 12:10 A.M. CLERK MAYOR