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02/25/2002 - Regular - MinutesPort Orchard, Washington February 25, 2002 Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Geiger, Powers, Rider, and Cramer. Councilman Morrison excused. Staff present: Police Chief Townsend, City Planner Wenman, City Engineer Curies, City Attorney Combs, Deputy Clerk Merlino, and City Clerk Parks. Councilman Rider led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. Terry Novorolsky addressed Council concerning the Promissory Note her son (Robert Novorolsky and ex- husband William Novorolsky) signed on July 9, 2001 promising to pay for damages to the guardrail at the 200 block of Farragut Avenue. Ms. Novorolsky also asked for a reduction in the amount of the Promissory Note since William Novorolsky is working part-time and making payments has become a hardship on him. City Attorney Combs advised Ms. Novorolsky that the Promissory Note is now in default and the remaining balance has been turned over to the Novorolsky's insurance company for payment. Mayor Weatherill opened the 7:35 PM Public Hearing to consider whether Special Use Permit (SUP- 1 021) is being exercised contrary to the terms of conditions of approval. The property is located at 207 Rockwell Avenue; property owner is James H. Sullivan, PhD. The pmperty is zoned R-20 (Residential - 20 units /net useable acre). The Comprehensive Plan Designation is High Density Residential. LEGAL DESCRIPTION: South half of Lots 1 & 2, Block 3, Plat of Wheelers Second Addition to Sidney, Volume 1, Section 25, Township 24 North, Range 1 East in Kitsap County, Washington. City Planner Wenman presented a staff report outlining the Special Use Permit review process. The review process primarily included issues such as, staffing levels, parking, traffic impacts, and services being offered at the private practice counseling office. It is noted the following documents have been received and are entered into the Public Hearing record: (1) Letter submitted by Connie Hageman voicing no objection to counseling service; (2) Parking log submitted by Richard and Helen Sherburne documenting problems in neighborhood near counseling service. James H. Sullivan PhD, property owner, discussed the use of the subject property, the staffing that is utilizing the office, and the number of clients that frequent the business. Mr. Sullivan presented three letters of support regarding the counseling office located at 207 Rockwell Avenue ( 1) Sheila Clemans, 1115 Morton Street; (2) Ted Wiles, 203 Rockwell Avenue; and (3) Neal Perrine, 1020 Morton Street. Mr. Sullivan also presented pictures illustrating the parking that is available for the clients. Kelli Cosper, adjacent neighbor, spoke in support of the counseling office indicating they have allowed clients to park in their driveway and stated that they have not been disturbed by noise or people from the counseling office. Jack Grable, 1019 Morton Street, expressed a concern with parking near the intersection of Rockwell Avenue and Kitsap Street. Ray Deyarmin, 1101 Morton Street, stated as a property owner, they have never had a problem with noise or parking in the area and indicated the counseling office has been a good neighbor. February 25, 2002 Page 2 of4 Greg Sandstrom, 1114 Morton Street, reiterated there is no noise problem in the area. They have experienced a small amount of litter but stated the benefit of the counseling service outweighs the minimal litter that is generated from the service. Don Cook stated he has been a counseling service client for more than two years and has never seen more than two cars in front of the office. Fran Hausner, representing the wives, children, parents, etc. of Viet Nam Vets, believes this is not a parking issue, but an issue with the neighbors afraid of the type of counseling that is being offered at this practice. Jim Glessen, counseling office client, does not feel there is a parking problem in this area, parking and traffic in general has increased in Port Orchard. The City needs to look at the congestion in downtown Port Orchard. Michael Gaylor, counseling office client, spoke in support of this needed service in the community and stressed now is the time for the country to unite in patriotism and support of the Viet Nam Veterans. Richard Emil, counseling office client, objected to pictures and parking log submitted by Richard and Helen Sherburne. Mr. and Mrs. Sherburne who reside at 203 Rockwell submitted a parking log indicating a parking problem within the area. Mr. Emil asked Council to review this complaint and determine if complaint is valid. In conclusion Mr. Sullivan stressed the need for communication and offered to meet with the neighbors, Police Department, and Parking Enforcement personnel to ensure they are working within the guidelines of the Special Use Permit. Clair Cooper, counseling office client, also spoke in support of the counseling service. Mayor Weatherill called for any further audience comments relative to the reconsideration of Special Use Permit 1021 for property located at 207 Rockwell Avenue, property owner James H. Sullivan, PhD. As no further comments were received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for their consideration. It was moved by Councilman Clauson and seconded by Councilwoman Powers, to continue the matter 90 days for further Council deliberation at that time. Motion passed with 5 ayes and 1 nay. Councilman Cramer voting nay. At 8:50PM Mayor Weatherill called for a recess with meeting reconvening at 9:20PM. Mayor Weatherill presented Planning Commission Resolution No. 324-02 recommending denial of Application for Preliminary Plat as submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins Drive. On motion by Councilwoman Powers, seconded by Councilman Cramer, Council set March 25, 2002 at 7:40 PM as the date and time for a Public Hearing regarding the Application for Preliminary Plat as submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins Drive. On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council approved Ordinance No. 1846 defining the Planning Commission's authority and duties and amending Section 1; Part A2; Subsection 11 of the Zoning Ordinance as adopted by Ordinance No. 17 48. Mayor Weatherill requested the Growth Management Committee meet with the Planning Commission Chair on a regular basis to maintain communication between the Planning Commission and City Council. February 25, 2002 Page 3 of4 On motion by Councilman Geiger, seconded by Councilman Wyatt, Council adopted Resolution No. 1968 fixing the date of March 25, 2002 at 7:35 PM for a Public Hearing on a Petition to Vacate the westerly half of Farragut Avenue right of way, adjacent to tax parcel 4027-025-011-0005, (platted as Prospect Court, submitted by Donald and Frances Heng. On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved consent agenda items as follows: a. Minutes from the February 11, 2002 regular City Council meetings b. Claim warrants numbered 36558-36625 in the amount of $51,483.15. c. Authorization for Mayor Weatherill to sign Quit Claim Deed and Agreement for Common Boundary Line Location between the city and Edward J. and Marlys M. Recknagle clarifying and establishing the property line between the Recknagle property (198 Tremont Street) and the fire station at 200 Tremont. (Council authorized preparation of a property line agreement at the September 24, 2001 Council meeting). d. Ordinance No. 1847 vacation the westerly half of Farragut Avenue right of way, adjacent to tax parcel 4027-025-008-0208 (Platted as Prospect court, petitioned by Patricia Barnes). e. Request by Police Chief Townsend to surplus miscellaneous bicycles and dispose of these items in the best interest of the city. Attachment "A" f. Request by City Treasurer to surplus miscellaneous equipment and dispose of these items in the best interest of the city. Attachment "B" On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved request by East Port Orchard Elementary School to auction off to the highest bidder a specific song on the clock tower, with the condition the song is available on the list at City Hall. The auction is April 12, 2002. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council moved to pay Kitsap Regional Coordinating Council an additional $1 ,001 for their 2002 dues, which was under funded during the 2002 budget process. The total 2002 dues for KRCC are $3,651. On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved the 2002 Animal Control Service Agreement and authorized Mayor Weatherill to sign the agreement. Total amount of contract for the year 2002 is $23,043.00. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Resolution No. 1969 authorizing the signing of the Public Works Trust Fund contract for a $10 million dollar loan. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the Police Chief to sign grant applications for the Police Department, which are $5,000, or less. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the Mayor to sign the engineering contract with Carolla Engineering for the Port Orchard Boulevard Sewer Main Project at a cost of $41 ,809 and further authorized the Mayor to contract with CSI Land Surveying for surveying requirements for the Port Orchard Boulevard Sewer Main at a cost of $6,300. February 25, 2002 Page 4 of 4 On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved the Babe Ruth League's project to construct a new dugout (at the leased field along Kendall Street) and further authorized Public Works to assist the League by removing the concrete slab at the dugout. At 10:00 PM Mayor Weatherill adjourned Council into Executive Session for 30 minutes to discuss pending litigation and labor negotiation issues. At 1 0:30 PM Mayor Weatherill reconvened Council into regular session and adjourned the meeting. ·,_ ~1~0\kltV-~-~;? Michelle Merlino, Deputy City Clerk -LESLIE J. WEATHERILL, MAYOR February 19, 2002 TO: City Council 1 J r FR: City Treasurer pUJ RE: Items to Surplus February 25, 2002 Attachment "B" We have been doing some cleaning and request that you surplus the following items that are old, broken, worn out or unneeded: Computer Stand 16-poli network hub 16-pOii network hub HP LaserJet 3 Brother Fax Omnifax Panasonic Fax Okidata 182 Printer Motorola Radio Bag Phone File Cabinets 1 Three Drawer 5 Four Drawer 4 Five Drawer Fire Safe/Cabinet 1 Two Drawer 1 Four Drawer Five Desks Four Yell ow Chairs One Black Chair with Arms 400046 'v 110029-96..,/ 110030-96..- 200045 ._,/ 200119 v 300125 400075-98 200076 ./ S#89632888 S#8958643 S#3044J63841 S#C53241063 S#G66I03408 S#8BAFB128763 S#602B0150983 S#448CME0273 Unneeded Unneeded Unneeded Broken Worn Out Worn Out Worn Out Old Worn Out Old Replaced by Systems OldPW OldPW OldPW Unneeded Unneeded It is requested that the following bicycles be declared surplus. 16284 SEKAI Mountain Bike, 15 speed 01-2231 16367 NISHIKI 01-2368 15930 WINNEBAGO bike 01-1280 Very respectfully, Jan R. Myers Sergeant February 25, 2002 Attachment "A"