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01/24/1994 - Regular - MinutesPort Orchard, Washington January 24, 1994 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, Van Zee and Grable. Staff present: Police Chief Mathews, City Engineer Curles, City Planner Brown, Fire Chief Snow, Deputy Clerk Hager, City Attorney McCloskey and City Clerk Parks. Councilman Childress led the audience and Council in the Pledge of Allegiance. In response to Mayor Weatherill's request for audience comments for items not listed on this Council agenda, Howard Minor, 1400 Bay Street, questioned the increase in water bill charges at 731 Bay Street. Mayor Weatherill referred Dr. Minor's inquiry to Water/Sewer Committee. On motion by Councilman Morrison, seconded by Councilman Grable, Council approved Consent Agenda items as follows with item 3d removed for individual consideration, (Item 3d. Proposed Resolution No. 1656): 3a. Minutes of January 10, 1994 Council meeting as amended. 3b. Payment vouchers as follows: Claims Warrant No. 19964-20031 in the amount of $193,025.98. 3c. Resolution No. 1655 approving Special Use Permit as requested by Bremerton Cellular Telephone Company to allow the construction of a 120 foot monopole for a cellular telephone antenna within a Residential High District. Property located at 2220 Pottery Avenue, South Kitsap School District, owner of property. 3e. Ordinance No. 1600 amending Ordinance No. 1537 by modifying Condition No. 22 which required road improvements near the intersection of Sherman Avenue and Melcher Street by the Highlands at Ross Creek Project, Tyee Sinclair, owner of record. 3f. Mayor Weatherill's reappointment of Meredith Essex and Bob Heubert to 6 year Planning Commission terms ending 12131/99. 3g. Correction to 1/10/94 City Council minutes: Page 4, paragraph 4 change amount of Fire Station, Phase II contract - Change Order No. 2 from $24,612.66 to $23,463.29. 3h. Addendum to contract for Incarceration of City Prisoners between the City of Port Orchard and Kitsap County setting term of contract for one year from January 1, to December 31, 1994. No other changes reflected. Councilman Clauson moved to adopt proposed Resolution No. 1656 requiring future land use actions on a portion of Melcher Street and Pottery Avenue to include dedication of a 15 feet width of property for future road improvements and also establish a formula for assessment of $400 per dwelling unit for road improvements costs. Motion seconded by Councilman Morrison. January 24, 1994 Page 2 of 4 City Engineer gave staff report and reviewed history of public hearing process which preceded drafting of proposed Resolution No. 1656. Bruce.Paquette, 1212 Pottery Avenue, requested explanation of the assessment fee concept as set forth in the proposed resolution. Brian Lovik, 1236 Pottery Avenue, expressed concern that each property owner must dedicate 15 feet of property for future road improvements. He also stressed the need for road improvements now, not in the future. Engineer Curles explained that the requirement for dedication of a portion of property would only be applicable during a land use action which increased the use density for properties abutting portions of Melcher or Pottery Avenue. Tom Pritchard, 1355 Pottery Avenue, also voiced need for road improvements and expressed concern on the anticipated increase in traffic at Melcher and Pottery. Leonard Minor, 912 Austin, objected to giving the City 15 feet of property for right--of-way, stating he would be more interested in discussions relevant to granting an easement for the purpose of road improvements. Liz Sander, corner of Pottery and Melcher, also opposed the concept of giving 15 feet of property for road improvements., Laurie Walton, 204 Melcher, expressed sadness about additional growth and impact to area wetlands. Amy Sundberg, 1319 Pottery Avenue, requested clarification of access(es) to Highlands at Ross Creek located at Pottery and Melcher. Councilman Morrison moved to amend motion to approve Resolution NO. 1656 to delete Paragraph b, " ...a minimum of 15 feet wide ...", seconded by Councilman Clauson. Councilman Geiger moved to table, motion(s) to approve and amend proposed Resolution No. 1656 until February 28, 1994 Council meeing to allow further study. Motion died for lack of second. Council approved original motion as amended, adopting Resolution No. 1656 requiring future land use actions on a portion of Melcher Street and Pottery Avenue to include dedication of property for future road improvements and establish a formula for assessment of $400 per dwelling unit for road improvements costs ,(" ...a minimum of 15 feet wide ..." was deleted from paragraph "b"), seconded and carried with 6 ayes and 1 nay. Councilman Geiger voting nay. Mayor Weatherill opened the continued 7:35 PM Public Hearing regarding a Special Use Permit Application submitted by Thomas Brogan, President of January 24, 1994 Page 3 of 4 MacBrog Development Co., Inc., requesting to allow conversion of a residence located at 418 Cline Avenue into a professional office. Mayor Weatherill announced that on 12/29/93 the applicant, Thomas G. Brogan withdrew application. Mayor Weatherill closed the Brogan Special Use Permit Public Nearing. Mayor Weatherill opened 7:45 PM Public Nearing regarding a request to revise the land use conditions for Fire Station No. 1 at 200 Tremont Street, by modification/deletion of Condition No. 8 of Ordinance No. 1538 which requires installation of planting materials before building occupancy. City Engineer updated Council on the request for deleting Condition No. 8 of Ordinance No. 1538 explaining that due to seasonal restrictions landscaping can not be installed at this time. Landscaping will be installed when weather allows, but to prohibit occupancy until the landscaping can be done would effectively delay the Fire Department's utilization of the building. Mayor Weatherill called for public input from those either for or against the deletion of Condition No. 8 of Ordinance No. 1538. As no comment was received, Mayor Weatherill closed Public Hearing and referred matter to Council for their consideration. On motion by Councilman Clauson, seconded by Councilman Geiger, Council deleted Condition No. 8 of Ordinance No. 1538 which requires installation of planting materials before building occupancy. Landscaping remains a requirement. Mayor Weatherill called for a 5 minute recess with meeting to reconvene at 8: 40 PM. City Engineer Curles updated Council on the Mitchell Avenue Reconstruction Project and requested Councils concurrence in advertising the Project Plans and Specifications. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to proceed with advertising the Mitchell Avenue Reconstruction Project Plans and Specifications. On motion by Councilman Clauson, seconded by Councilman Grable, Council excused Councilwoman Powers from the February 14, 1994 and April 11, 1994 City Council meeting. On motion by Councilman Clauson, seconded by Councilman Childress, Council excused Councilman Morrison from the February 14, 1994 Council Meeting. On motion by Councilman Van Zee, seconded by Councilman Clauson, Council authorized the utilization of one Civilian Crime Prevention Program volunteer and referred future expansion of this volunteer program to Police Committee. January 24, 1994 Page 4 of 4 On motion by Councilman Geiger, seconded by Councilman Grable, Council declared as surplus and authorized the Police Chief to dispose of, in the best interest of the City, miscellaneous items from the Police Evidence Room. Councilman Morrison moved to adopt the Construction Permit Program which allows a contractor to park a construction vehicle adjacent to a building while doing construction repairs, seconded by Councilman Clauson. Councilman Clauson moved to amend motion to establish a fee of $1.00 per day with fee tied to the building permit application process, seconded by Councilman Geiger and carried. Council unanimously approved original motion as amended to adopt the Construction Permit Program which allows a contractor to park a construction vehicle adjacent building, while doing construction repairs and to establish a fee of $1.00 per day with fee tied to the building permit application process. On motion by Councilman Geiger, seconded by Councilman Grable, Council authorized the City Engineer to accept price quote from Viking Fence in the amount of $6,046 plus tax for the installation of a fence along the perimeter of the future Sedgwick Reservoir. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the City Engineer to discuss, with Mrs. Tripp, potential acquisition of additional property around the future Sedgwick Reservoir. On motion by Councilman Geiger, seconded by Councilman Van Zee, Council authorized the Mayor and/or Municipal Court Judge to sign a JPTA Agreement to obtain a temporary clerical assistant for the Municipal Court. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council denied South Kitsap Little League request to expand the area defined in their Real Property Lease. Mayor Weatherill excused Council into Executive Session for 20 minutes to discuss proposed amendments to the Police Labor Agreement and the status of negotiations. Executive Session was extended an additional 40 minutes. Meeting adjourned at 11.00 P.M. ` �`� CITY CLERK A'E-��} �/fi AYOR WEATHERILL