06/27/2005 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
City of Port Orchard
Council Meeting Minutes
Regular Meeting of June 27, 2005
Robert Geiger, Mayor Protem
Rita Diienno
Carolyn Powers
Ron Rider
Rick Wyatt
ALSO PRESENT: Planning Director Long-Woods, Public Works Director Abed, City
Clerk Etgen, Acting Police Chief Duncan, and City Attorney Combs.
6:30 P.M. CALL TO ORDER
Susan Hamilton led the audience and Council in the Pledge of Allegiance.
EXECUTIVE SESSION
Council went into executive session at 6:40 p.m. to discuss potential litigation, and
reconvened back into regular session at 7:35 p.m.
APPROVAL OF AGENDA
The Consent Agenda Item "Approval of Minutes of the June 13, 2005 City Council
Meeting and June 20, 2005 Council Workshop" was pulled from the agenda at the
request of the Clerk and will be brought back to Council with modifications.
Council Member Diienno requested Consent Agenda Item "Authorization for Mayor to
Sign Contract with Rice, Fergus, Miller Architects" be moved to Business.
Mayor Abel noted Business Agenda Item "Discussion Regarding the Future of the
Marquee" was not a discussion, but rather an action item under a motion to reconsider.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Patrick Lucas, resident, expressed his concern about proper funding and training for
local Fire Departments.
Kathy Lipka, resident, expressed concern about whether manpower had been increased
in the local police and fire departments with the increase in population. In response to
a concern Ms. Lipka expressed about water pressure in her neighborhood, Ms. Etgen
reported Greg Rogers of the Fire Department had related to her there was more than
adequate water pressure in the area.
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Dennis Goss, resident, requested Council wait to approve the architectural contract for
the gun range until he could collect more signatures on a petition against the project.
PUBLIC HEARINGS
Gazebo Preliminary Plat and Rezone, Subdiv 04-02/R1153 (continued from
June 13. 2005 Meeting)
The Mayor opened the Public Hearing to further public testimony. Ms. Long-Woods
advised there had been no new information received or submitted since the last
meeting.
Patrick Lucas, resident, read a letter from Jim Trainer, a forester, stating when
construction goes past the root zone of the trees it can impact or offset the health of
the tree, causing decline five to 10 years later. Mr. Lucas asked who was going to pay
for damaged trees.
Kristine Sanders, resident, stated she found funding for the City, and she would give
the funding plan to the City Attorney. She said with the purchase of private property
the roads could be brought up to standard. Ms. Sanders declared she wanted the tree
ordinance enforced and that an arborist should be present to document neighboring
trees. She stated the root system of a tree is about three times the length of the drip
line outside a tree, and that the primary roots are within the drip line. She stated she
had a car come through a five-foot cyclone fence in her yard doing 60 miles an hour a
couple of months ago, proving the streets were not safe.
Warren Adams, resident, wanted to know if the City was going to assume the
responsibility for the damage that could be done to trees and questioned what the drip
line measurements were.
Bryan Petro, resident, discussed affordable housing, and stated there are no homes
under $175,000 for young couples in the area, and he encouraged the Council to
approve the project.
Mark Kuhlman, contractor, stated the $200 per lot in lieu of building a park for
developments has been the long-standing price in the City of Port Orchard. He advised
that if an on-site park were required, it would be a private amenity. Mr. Kuhlman
reported that Homebuilders Associations fail if the only purpose of existing was to
manage a park. Mr. Kuhlman offered $300 per lot for the 10 new homes in lieu of
building a park in the development. He advised there would be no impact with the
individual living in the current home, so no reason to assess the fee for that lot.
Mr. Kuhlman reiterated that the arborist examining the one significant tree on the site
had declared it healthy and it should remain viable. He reported four or five trees had
been kept in the Flower Meadows North development. Mr. Kuhlman recounted that Mr.
Childress had advised him that approximately three large branches had fallen from
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trees since the other project was completed, but that it does not mean the trees have
died, only that a branch or two were dead and fell. It is because of this that they are
requesting the one significant tree on the lot be removed. He agreed with Mr. Adams
in that there would be a liability if they were told to remove the tree and did not do so.
Mr. Kuhlman believed some liability for damage due to death or injury could transfer to
the City if the tree was not removed.
Mr. Kuhlman reported they are willing to build sidewalks on Goldenrod but expressed a
concern about the need to tear them out when the City makes major improvements to
the roadways in the future. The other alternative would be for the builder to collect the
funds for future improvements by the City. The street has been reviewed and approved
by both the City Engineer and Fire Department and the roads have been graded as
Service Level A.
In response to a question by Council Member Cramer, Mr. Kuhlman and Ms. Long-
Woods reported the width of Lot 8 at the street as 25 feet.
Kathy Lipka, resident, stated Fireweed is barely wide enough for two cars and
presented pictures of the street showing it to be exactly 20 feet across or slightly wider.
She again expressed her concern about fire trucks being able to move down the streets
and turn around.
In response to a question by Council Member Diienno about street regulations for Fire
Department vehicles, Ms. Long-Woods reported that Greg Rogers of the Fire
Department had stated developments with structures more than 150 feet from a public
road must have access roads of a minimum of 20 unobscured feet and be designed and
maintained for the loads of fire apparatus and all-weather driving.
Patrick Lucas reported he had met with Greg Rogers of the Fire Department and Public
Works Director Abed about the width of the road and his safety concerns. He feels the
development will present a public safety issue with the addition of homes to the area
and that it should not be allowed.
Mr. Kuhlman advised they would add to the road if Mr. Arnett dedicates the property to
do so.
With no one coming forward to testify further, the Mayor closed the hearing to further
public testimony at 8:22 p.m.
RECESS
The Mayor called for a recess at 8:22 p.m. Council reconvened at 8:30 p.m.
In response to a question from Council Member Clauson, City Attorney Combs stated
the Significant Tree Ordinance was enacted to ensure that healthy trees were kept
alive, and that the City was protected by the public duty doctrine and that no one can
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be held liable for an "Act of God." Council Member Clauson voiced his opinion that it
appeared that Council could only act on the advice of the arborist to protect the tree
and if the contractor damages the tree, it would be the contractor's problem. City
Attorney Combs stated it is up to the developer to protect significant trees in order to
ensure final plat approval.
Council Member Rider expressed his op1n1on that the Significant Tree Ordinance
discriminates against new development because property owners without a
development application can cut down a significant tree without permission. The
County, Council Member Rider stated, usually grants a property owner permission to cut
down an existing tree if it is within one and one-half tree lengths from the house on the
property, if it is in an existing greenbelt or if it is deemed hazardous. City Attorney
Combs advised that the evidence the Council was acting upon was that of an arborist
stating the tree is healthy and significant. Council Member Rider asked that the drip
line measurement be specified; Council Member Wyatt responded it was 26 feef
Council Member Diienno questioned the public testimony about a fire truck not being
able to respond in the neighborhood, and that there had been nothing mentioned by
the Fire Department in the reports Council received. City Attorney Combs stated the
only evidence Council had was the testimony that the site meets the requirements for
fire access. He noted Ms. Lipka's pictures indicate the roads meet standard
requirements in width.
Responding to a question by Council Member Cramer, City Attorney Combs related that
Council could require the builder to provide a park on the development, and that there
was no requirement that it be a private park. Council Member Cramer questioned
whether $300 per lot was an adequate figure to collect for payment in lieu of providing
a park in a development. Council Member Powers reported it is expensive to build
parks, and that she had attempted to draft some language prior to the meeting to ask
that the builder provide at least 10,000 square feet of property or half of the property
fair market value for the parks fund. She stated she was surprised when the builder
came forward with the new offer of $3,000.
Council Member Powers moved and Council Member Diienno seconded a
motion to approve the preliminary plat application and the rezoning of the
subdivision with the conditions as proposed by the Planning Commission and
as modified by Council by seriatim.
In response to a question by Council Member Cramer directed to staff, Mr. Kuhlman
responded that a slight bend on the map by Tract A was a sloping piece of land that
they would be willing to donate to the City for right of way.
Council Member Clauson moved and Council Member Cramer seconded a
motion to require the applicant to agree to participate in a comprehensive
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road improvement project along Goldenrod Street when it is approved, as
outlined in Condition No. 29.
City Attorney Combs advised that if the funds were not used within the six-year road
improvement timeframe they would be returned to the individual or company making
the contribution.
Upon vote/ motion carried unanimously.
Council Member Dilenno moved and Council Member Wyatt seconded a
motion that Council accept the $300 for each of the 10 lots as offered by the
builder in lieu of building a park on the property, as outlined in Condition No.
26, and have the Public Property Committee look at current standards for
future developments.
Upon vote/ motion carried unanimously.
Council Member Geiger expressed his desire to have the property owners work with the
developer to purchase or donate land in order to widen the roads.
Council Member Powers moved and Council Member Dilenno seconded a
motion to ensure the wording in Condition 36 regarding allowable working
hours for noise restrictions match the City's. Upon vote/ motion carried
unanimously.
Council Member Cramer moved and Council Member Diienno seconded a
motion to accept the developer's offer to add Tract A into the plat as City
right-of-way. Upon vote/ motion carried unanimously.
Council Member Powers expressed a concern about the Chief of Police's testimony
about inadequate lighting in the project. Public Works Director Abed agreed that he felt
street lighting should be required.
Council Member Cramer moved and Council Member Powers seconded a
motion to require the inclusion of up to three 250-watt metal halide light
standards, 20-feet high, to be placed in the project at the City Engineer's
discretion. Upon vote/ motion carried unanimously.
In response to a question by Council Member Diienno, Ms. Long-Woods reported there
was a concern expressed by the Planning Commission about eliminating the sidewalk on
the north side of the road to create the least amount of impact on existing trees,
however it was not included as a condition. Council Member Dilenno suggested a
vegetative landscape buffer would be more attractive than a sidewalk and fence.
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EXTENSION OF MEETING BEYOND ADJOURNMENT TIME
Council Member Wyatt moved and Council Member Clauson seconded a
motion to extend the meeting adjournment time to 10:30 p.m. Upon vote,
motion carried unanimously.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to delete the requirement for a sidewalk on the north side of the
proposed roadway to the western property line of Lot No. 10 and replace it
with a vegetative landscape buffer as approved by the Planning Director or
City Engineer if necessary to protect the drip lines of existing trees, and that
staff come back with recommended alternatives.
Public Works Director Abed expressed concern over the additional work to maintain a
vegetative buffer and proposed Council leave it as proposed. A sidewalk would provide
a pedestrian connection on both sides of the street. Public Works Director Abed stated
it would be difficult to say how much of the sidewalk would have to be eliminated in
order to protect trees until he was able to review the location of the trees and drip
lines. Council Member Cramer stated he agreed with the City Engineer in that a
sidewalk would be a nice amenity for the area.
Upon vote, motion carried with Council Members Clauson, Diienno, Geiger,
Powers, Rider and Wyatt casting affirmative votes, and Council Member
Cramer casting a dissenting vote.
Council Member Diienno moved and Council Member Powers seconded a
motion to strike Condition No. 34 regarding a fence requirement. Upon vote,
motion carried unanimously.
Upon vote, the original motion to approve the preliminary plat application
and the rezoning of the subdivision with the conditions as proposed by the
Planning Commission and as amended by Council by seriatim passed
unanimously.
Mayor Abel reported the amendments would be brought back to Council for review and
approval at the next Council meeting.
Public Hearing: Special Use permit No. 1051 -Verizon Wireless
Ms. Long-Woods reported Verizon, the applicant for the Special Use Permit requests to
replace two existing larger omni-directional antennae from the existing 80 foot
communications tower on property located at 700 Mitchell and add six eight-foot and
three four-foot panel type antennae to the structure. Verizon advises there is no need
to increase the service area, but there is a need to increase the capacity of the tower to
provide more service within the service area. The Planning Commission met on June
20, 2005 and recommends approval. The previous approval included the dedication of
half of the original parcel to the City. In exchange, the City built sidewalks and made
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street improvements to the property. There is no request to expand the height or
width or add additional extending equipment.
Ms. Long-Woods noted the property is in a residential zone designated as R-8, which
allows for telecommunication facilities with conditional use permits. The original Special
Use Permit called for seven conditions which staff has verified were met.
Mayor Abel opened the public hearing to public testimony at 9:23 p.m.
Robert Renken, Verizon consultant, stated the site was originally put into service in
1990. New carriers and technology have increased the need for a greater capacity than
the current system provides. The proposed upgrade would meet current demands for
service. Mr. Renken described how new technology provides almost three times greater
power without the need for new cell towers. They will comply with the requirement for
a specific paint color, although the unpainted galvanized steel usually blends in well
with any environment.
With no one else coming forward to testify, the public hearing was closed to further
public testimony.
Council Member Cramer moved and Council Member Powers seconded a
motion to adopt Planning Commission Resolution No. 03-05 as Council's own
and approve SUP 1051-A1 to amend the existing Special Use Permit to
reconfigure the antennae on the existing 80 foot communications tower,
subject to the seven conditions outlined in the staff report. Upon vote,
motion carried unanimously.
CONSENT AGENDA
Councilmember Cramer moved and Councilmember Diienno seconded a
motion approving the Consent Agenda as modified. Upon vote, motion carried
unanimously.
A. ~qinutes of the June 13, 2005 City Council ~1eeting and June 20, 2005 Council
Workshop (Continued to Meeting of July 11, 2005)
B. Approval of June 13, 2005 Claim Warrant Nos. 43453-43581 in the amount of
$2,172,851.73 and June 27, 2005 Claim Warrants Nos. 43582-43652 in the
amount of $205,596.32 and May Payroll #139063-139109 and Direct Deposits in
the Amount of $318,645.15.
C. Approval of 2005 Firework Display Permit
D. Approval of Application for Public Event-Great Ball Race
E. Authorization for ~qayor to Sign Contract with Rice, Fergus, ~1iller Architects
(Moved to Business and Continued to Meeting of July 11, 2005)
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Page 8 of 11
BUSINESS ITEMS
Discussion Regarding Wave Cable Franchise Negotiations and Passage of
Ordinance 014-05 Extension of Current Wave Cable Franchise Agreement
Council Member Clauson moved and Council Member Powers seconded a
motion to pass Ordinance No. 014-05 extending the current franchise
agreement with Wave Cable from July 1, 2005 to December 31, 2005 or until
such time as the City and Wave Cable execute a new agreement, whichever
is earlier. Upon vote, motion carried unanimously.
Council Member Clauson moved and Council Member Powers seconded a
motion to authorize the City Attorney to proceed with negotiating the cable
franchise agreement and to raise the cable franchise tax fee from 4 percent
to 5 percent in the new agreement.
Council Member Dilenno moved and Council Member Rider seconded a
motion to amend the main motion to include the provision that the increase
in fees be tied specifically to the televising of Council meetings on BKAT and
contingent upon an agreement for the televising in the new contract. Upon
vote, the amendment carried unanimously.
Upon vote on the amended motion authorizing the City Attorney to proceed
with negotiating the cable franchise agreement and raising the cable
franchise tax fee from 4 percent to 5 percent with the provision that the
increase in fees be tied specifically to the televising of Council meetings on
BKAT and contingent upon an agreement for said televising in the new
contract. Upon vote, the amendment carried unanimously.
Discussion Regarding the Future of the Marquee
A motion to reconsider and enter in the minutes the following motion was
made at the Council meeting of June 13, 2005:
Council Member Wyatt moved and Council Member Clauson seconded a motion, in
consideration of the building and business owners of the 700 and 800 block of Bay
Street, to discontinue consideration of the EDAW Study's suggestion of the phased
removal of the marquee and have the Finance Committee research and report on funds
that can be used for the maintenance and upgrade of the structure.
Council Member Dilenno clarified that the purpose of her motion to reconsider had
been to ensure that proper notice had been given to the public about the Council's
deliberation of the subject. Council Members Cramer and Rider both spoke for the
motion to reconsider.
Upon vote, the motion to reconsider failed with Council Members Cramer,
Diienno and Rider casting affirmative votes, and Council Members Clauson,
Geiger, Powers and Wyatt casting dissenting votes.
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Discussion Regarding Ness Lease Agreement
Council Member Wyatt moved and Council Member Dilenno seconded a
motion to send the matter of lease agreements to the Finance Committee for
the purpose of creating a standard for lease charges, and to bring back
recommendations to the full Council.
City Attorney Combs advised the current prov1s1ons of the Ness lease could be
continued on a month-by-month basis until a new lease is granted.
Upon vote, motion carried unanimously.
Authorization for Mayor to Sign Waste Management Services Contract (Abed)
Public Works Director Abed and Waste Management District Manager Terry Bickel
explained the changes incorporated within the new contract for waste disposal services.
The contract is for a period of five years with the option to extend for another five years
in two increments, and promises a stable rate, with a 60-day prior notification for future
rate increases. A commitment to support the City fall and spring cleanups is
incorporated in the contract. The recycling program is expanding with rebates to the
customer.
Council Member Cramer moved and Council Member Rider seconded a motion
to authorize the Mayor to sign the Waste Management Service Contract for a
five-year term. Upon vote, motion carried unanimously.
Authorization for Mayor to Sign Professional Service Agreement for On-Call
Service with RH2 (Abed)
Council Member Rider moved and Council Member Powers seconded a
motion to authorize the Mayor to sign a contract with RH2 for a maximum
amount not to exceed $275,763.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to amend the main motion to include a requirement that the City
Engineer provide a report with a running total of expenditures to Council
each time the contract is utilized.
Council Member Diienno spoke in favor of the motion, emphasizing her desire to use
the contract restrictively and only when necessary.
Upon vote, the amendment to the main motion carried unanimously.
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Page 10 of 11
Upon vote, the amended motion to authorize the Mayor to sign a contract
with RH2 for a maximum amount not to exceed $275,763 with the
requirement that the City Engineer provide a report with a running total of
expenditures to Council each time the contract is utilized, carried
unanimously.
Request for Street Light Installation
Council Member Wyatt moved and Council Member Clauson seconded a
motion to authorize the City Engineer to coordinate the installation of a
public streetlight at the intersection of Seattle Avenue and Prospect Alley
with Puget Sound Energy. Upon vote, motion carried unanimously.
Adoption of Resolution No. 014-05 Changes to Parking Downtown
Council Member Powers moved and Council Member Clauson seconded a
motion to adopt Resolution No. 014-05 establishing regulations and fees
related to parking, stopping or standing in certain areas of the City and
repealing Resolution No. 2069.
Council Member Dilenno spoke for the motion noting it could not be done without
supporting raising the fines for illegal parking.
Upon vote, motion carried unanimously.
Council Member Dilenno moved and Council Member Cramer seconded a
motion to pass Ordinance No. 012-05 amending Section 10.12.430 of the
Port Orchard Municipal Code increasing monetary penalties for parking
infractions.
Council Members Dilenno, Powers, and Rider along with resident Fred Chang spoke in
favor of the motion. Council Members Wyatt and Geiger along with business owner
Fred Karakas spoke against the motion.
Council Member Wyatt moved and Council Member Clauson seconded a
motion to table the motion. Upon vote, motion carried with Council Members
Clauson, Geiger, Powers and Wyatt voting in the affirmative, and Council
Members Cramer, Diienno and Rider voting against the motion.
EXCUSED ABSENCE
Council Member Rider moved and Council Member Wyatt seconded a motion
to excuse Council Member Clauson from the July 11, 2005 meeting. Upon
vote, motion carried.
CONTINUATION OF AGENDA ITEM TO NEXT MEETING
Council Member Cramer moved and Council Member Rider seconded a
motion to continue the agenda item "Authorization for Mayor to Sign Work
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Contract with Rice, Fergus, Miller Architects" to the next Council meeting
agenda. Upon vote, motion carried unanimously.
ADJOURNMENT
At 10:30 p.m. Mayor Abel adjourned the meeting.
Kim E. Abel, Mayor