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06/24/2002 - Regular - MinutesPort Orchard, Washington June 24, 2002 Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M. at City Hal!, 216 Prospect Street. Council members present: Clauson, Morrison, Geiger, Powers, Rider, and Cramer. Councilman Wyatt excused. Staff present: Police Chief Townsend, City Planner Wenman, City Engineer Curies, City Treasurer Tompkins, City Attorney Amann, Deputy Clerk Merlino, and City Clerk Parks. Councilman Clauson led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. Richard Eidman, member Port Orchard Farmers Market, asked for clarification concerning who will be required to pay for a business license fee. City Clerk Parks clarified pursuant to RCW 36.71.090 farmers, gardeners, etc:, who sell berries, vegetables, fruits, eggs or other edible farm produce are exempt from license requirements. On motion by Councilman Cramer, seconded by Councilman Morrison, Council excused Councilman Wyatt from this Council meeting. Mayor Weatherill opened the continued Council deliberation regarding reconsideration of SUP-1 021 for property located at 207 Rockwell Avenue, property owner James H. Sullivan, PhD. (Continued from February 25, 2002 City Council meeting.) City Planner Wenman gave staff report and discussed the three main issues concerning the reconsideration of SUP-1 021: (1) Off street parking, (2) additional counselor and staff personnel, and (3) domestic violence perpetrator programs. City Planner Wenman presented letter from Dr. Sullivan demonstrating his desire to comply with the Special Use Permit: • Six parking spaces are contained upon his property and as needed any overflow parking will be accommodated at the St. Vincent De Paul Thrift Store parking lot. • An additional counselor has been added to the clinic, however the total number of client appoint hours is less than what was authorized in the original permit approval. • Clients are being seen in accordance with the original permit. The domestic violence perpetrator program has not resulted in any incidents of violence or harm to neighbors since approval of SUP 1021. After much deliberation amongst the council members, Councilman Geiger moved to determine that based upon the analysis submitted by Dr. Sullivan, the applicant is not in compliance with SUP-1 021, and further moved that Dr. Sullivan be granted 60 days to come into compliance. Motion was seconded by Councilman Morrison and approved with a vote of four ayes and two nays. (Ayes: Council members Geiger, Morrison, Rider, and Cramer. Nays: Council members Clauson and Powers) At 8:40 PM Mayor Weatherill called for a 10 minutes recess with meeting reconvening at 8:50 PM. Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for a Conditional Use Permit as submitted by the First Lutheran Church located at 2483 Mitchell Avenue. The applicants are seeking authorization to construct a shared transit/church activity use parking lot. LEGAL DESCRIPTION: The subject property is located adjacent and east of Mitchell Road, approximately 300 feet south of the southeast corner of the intersection with SE Beck Street; in that portion of the NW % of the SW% of Section 36, Township 24, Range 01 E, City of Port Orchard, County of Kitsap June 24, 2002 Page 3 of 6 6. Pedestrian Safety Plan: Provide for internal dedicated pedestrian walking routes between the parking lot and future constructed transit stop along Mitchell Road. 7. Final Storm Drainage Control Plan: a. The storm water system shall be designed and constructed in accordance with the current city standards that are in effect at the time of issuance of the excavation/storm water permit. b. The storm water system shall be designed by a Professional Engineer. c. Prior to issuance of the excavation/storm water permit, the City shall review the storm water system design for compliance to City requirements. d. Prior to issuance of the excavation/storm water permit, the City shall be given documentation of Kitsap County approval. e. Prior to issuance of the excavation/storm water permit, the City shall be given recorded copies of the Covenants for Maintenance and Operation of Storm Drainage Facilities, and Performance of Erosion and Sedimentation Control Facilities. f. All storm water improvements will be completed as indicated on the plans and to the satisfaction of Public Works. g. Certification by the Project Engineer that the as-built live and dead storage pond volumes meet the design criteria. h. Certification by the Project Engineer that the as-built pond side slopes meets the design criteria. i. Certification by the Project Engineer that the as-built of the bio-swale meet the design criteria. j. Submit as-built construction plans with three sets of blueprint copies to the Public Works Department. As-built drawings will accurately represent construction changes accepted by the City or County due to unforeseen field conditions or plan design improvements. Include all sheets containing road and drainage plans, profiles, and associated details. As-built drawings will be stamped RECORD DRAWING and be certified by a professional engineer or land surveyor. k. Provide a copy of the recorded covenants, conditions and restrictions, maintenance easements, agreements with adjacent property owners, conservation easements, and similar documents as required in the approved plans, SEPA Conditions, or Conditions of Preliminary Approval. I. Demonstrate permanent stabilization and restoration of the project site. m. Submit the Operation and Maintenance Manual for review and acceptance by the city's Public Works Department. The Manual shall be prepared by a Professional Engineer and meet the requirements of the City. n. The city requirement for the control of erosion and sedimentation shall be implemented on the site continuously during and after construction. o. The storm water system shall be owned and maintained by the property owner. p. All revisions to the plans shall be routed through the City prior for approval prior to construction. 8. Prior to final occupancy, the applicant shall sign and record a covenant of agreement to participate in a proportionate share of future street/sidewalk improvements when programmed by City of Port Orchard, or Kitsap County, or formation of future street/sidewalk improvement districts. 9. All required improvements shall be in place prior to occupancy. At the discretion of the City Engineer, the applicant may bond certain improvements, subject to the requirements of the City. June 24, 2002 Page 4 of6 Mayor Weatherill opened the 7:40PM Public Hearing regarding the Six-Year Transportation Improvement Program for the years 2003-2008. City Engineer Curies outlined the 14 projects, which are included in the proposed Six-Year Transportation Plan schedule for the years 2003 -2008. rv1ayor V'v'eathe;-111 caHed for audience cornrnenls regarding the proposed Six-"r"ear 1 ransportatJon Improvement Program. 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 Cramer, Council approved Resolution No. 1982 adopting the Six-Year Transportation Improvement Program for the years 2003-2008. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to sign the contract for the new financial software with Springbrook Software, contingent upon City Attorney review. On motion by Councilman Morrison, seconded by Councilman Geiger, Council approved Ordinance No. 1861 amending Port Orchard Municipal Code Section 10.12.170 regarding inoperable vehicles. Mayor Weatherill introduced proposed Ordinance No. 1862 regarding the parking of commercial vehicles in residential and mixed-use zones. After considerable discussion, Mayor Weatherill referred proposed Ordinance No. 1862 regarding the parking of commercial vehicles in residential and mixed use zones back to the Street Committee for further review. On motion by Councilman Clauson, seconded by Councilman Geiger, Council removed from table, tabled motion to approve proposed Ordinance No. 1860 amending Zoning Ordinance No. 17 48 to clarify Planned Residential Development Criteria. (Motion to approve presented at the May 28, 2002 Council meeting, by Councilman Wyatt, seconded by Councilman Cramer.) Council unanimously approved motion (as presented at the May 28, 2002 City Council meeting by Councilman Wyatt, seconded by Councilman Cramer) approving Ordinance No. 1860 amending Zoning Ordinance No. 1748 to clarify Planned Residential Development Criteria. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council approved consent agenda items as follows: a. Minutes from the June 10, 2002 regular City Council meeting. b. Claim warrants numbered 37279-37339 in the amount of $327,238.06. c. Approval of the 2002 Fathoms 0' Fun Firework Display. d. Ordinance No. 1863 amending Chapters 5.12.080{1) and 5.12.090 of the Port Orchard Municipal Code to establish a Business License Fee and an annual Business License Renewal Fee. e. Resolution No. 1983 establishing a Business License Fee and a Business License Renewal Fee. Councilwoman Powers, Public Property Committee Chair, presented the Committee report regarding the Indoor Police Shooting Range Project. The proposed 12,000 square foot range has an estimated cost of approximately $1.1 million. Financing was discussed and Councilwoman Powers advised that June 24, 2002 Page 5 of6 Congressman Norm Dicks and State Representative Brock Jackley are very supportive of this project and reported state funding could be available to help construct the indoor range. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the City to contact both Representative Brock Jackley and Congressman Norm Dicks to seek funding for the indoor police shooting range. Councilwoman Powers, Public Property Committee Chair, presented a request by the Municipal Court asking for a jury room vending machine. On motion by Councilwoman Powers, seconded by Councilman Cramer, Council authorized the Municipal Court place a vending machine in the jury room, subject to statutory requirements. Councilwoman Powers, Public Property Committee Chair, discussed the Police Departments' request for additional outlets for the storage room and evidence processing room. A recent fire inspection noted excessive use of extensions cords. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized an expenditure of approximately $1,200 to provide additional electrical outlets in the Police Department storage room and evidence processing room. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized increasing the City's share of funding for the Robinson & Noble, Inc., Groundwater Computer Model, not to exceed cost of $18,000. (The total cost of the Groundwater Computer Model is $35,955.) On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to sign Change Order No. 1 with Harlow Construction in the amount of $7,760 for the Sidewalk Replacement Project. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the Mayor to sign contract with Eco Compliance Corporation to perform environmental testing for city property located at 900 Mitchell Avenue to determine the scope of the clean-up. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council authorized an extension of the Real Estate Purchasing Agreement for property located at 900 Mitchell Avenue with the Kitsap County Housing Authority to July 15, 2002. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to reconfigure the ingress and egress of the west end of Wilkins Drive to develop one-way traffic control. Vehicles exiting Wilkins Drive would need to go to the east access point. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to sign Change Order No. 1 with Admiral Ross Construction, which will increase the contractor's cost from $6,424. to $9,062.77. On motion. by -Councilman Clauson, seconded by Councilman-Cramer, Council authorized the City Engineer to accept proposed Flower Meadows Subdivision's water main and sewer system, for Division 1, which includes the pump station and force main. On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized RH2 Engineer to apply for the Public Works Trust Fund Loan, for the expansion of the Sewer Treatment Plant at a cost of $3,100. June 24, 2002 Page 6 of6 City Engineer reported that Washington State has adopted the 2000 Washington State Energy Code, the Washington State Ventilation and Indoor Air Quality Code, and the 2000 Edition of the Uniform Plumbing Code. Draft ordinances sponsored by Councilman Morrison will be on the July 8 agenda for council consideration to amend the Port Orchard Municipal Code Chapters 15.08 and 15.44 adopting these codes by reference. At 1 0:20 PM Mayor Weatherill adjourned the meeting. \_ --f''rL{ (}_lvJLQ_(J ~~ Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR