03/27/2006 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Fred Chang
Robert Geiger
Rita Diienno
Tye Moore
City of Port Orchard
Council Meeting Minutes
Regular Meeting of March 27, 2006
Carolyn Powers, Mayor Protem
Rick Wyatt, excused
ALSO PRESENT: Public Works Director Abed, City Clerk Etgen, Police Chief Townsend,
Deputy Clerk Merlino, Planning Director Long-Woods, City Treasurer Tompkins and
Assistant City Attorney Jacoby.
7:00P.M. CALL TO ORDER
Rich Peterson led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
Mayor Abel removed from Business Item -"6D -Authorization for Mayor to Sign a
Contract with McBride Construction for Repairs to the Blower Room at the Joint
Wastewater Treatment Facility".
Council Member Clauson moved from Consent Agenda to Business Item -"5G -
Passage of Ordinance No. 007-06 Regarding Climatic and Geographic Design Criteria"
and "5H -Adoption of Resolution No. 015-06 Approving Issuance of Industrial Bonds
for CARA Land Co. by the Industrial Development Corporation of Kitsap County."
Council Member Chang moved from Consent Agenda to Business Item -"5D -Approval
of Applications for Public Events" and "5I -Authorization for Mayor to Sign Agreement
with Kitsap County for Prosecutorial Services". Council Member Chang asked that these
items be placed No. 1 and No. 2 on Business Items.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Dousithee Chamberlain, 2505 Goldenrod, referred to an article relating to taking of
meeting minutes.
Patrick Lucas, 232 Goldenrod Street, asked for a correction to the March 28, 2005 City
Council meeting minutes. Mayor Abel advised Mr. Lucas that the Council approved and
accepted those minutes.
Minutes of March 27, 2006
Page 2 of 9
Kathie Lipka, 2505 S. Flower, expressed concern with a bald eagles habitat being
destroyed in the Leora Park I and II developments. Mayor Abel advised, Ms. Lipka, the
Council cannot discuss the Leora Park II development as it is a pending Public Hearing.
Brenda Kruse, 713 Bay Street, asked if the Council will present an update on the
marquee repairs. Mayor Abel advised the Public Property Chair will have an update
during committee reports.
Amanda Rudd, 707 Bay Street, expressed a concern with more money being spent on
studies to repair the downtown marquee. Ms. Rudd advised the downtown merchants
want to become partners with the City to develop a positive attitude in the downtown
core. Ms. Rudd suggested a Sunday work party to remove the pickets from the
marquee. Volunteers are ready to sign the insurance waivers. Ms. Rudd further
suggested each merchant shall be responsible for their own sign, and place a
moratorium on any new signs, until the project is completed, to allow for new
guidelines.
Sherry Gabbert, 707 Bay Street, suggested the merchants and business owners appoint
three citizens to pick several color and theme choices. These color and theme choices
would be voted upon by the citizens of Port Orchard and then brought to the Council
for final approval.
Ted McCammant, 449 Flower Meadows Street, asked for a copy of the letter City
Attorney Combs wrote to the Council concerning the drainage on his property. The
Council requested that a copy of this letter be released to Mr. McCammant. Mayor Abel
assured Mr. McCammant, he would receive a copy of this letter.
Susan Griffith, presented the Mayor and Council with a plaque in appreciation for the
Proclamation declaring the month of March as Brain Injury Awareness.
PUBLIC HEARING
Bed & Breakfast Zoning Amendments
Planning Director Long-Woods presented the staff report regarding an amendment to
the existing Zoning Ordinance changing the number of bedrooms in a Bed and
Breakfast facility from five to seven and redefining Hotel/Motel as having more than
seven guest rooms. Planning Director Long-Woods advised the proposed changes were
submitted to the State Department of Community, Trade and Economic Development
(CTED) and were processed through an expedited review. The changes were also
submitted for review and comments by other State agencies. CTED did not receive any
adverse comments on the proposed changes and issued an electronic statement
approving and verifying compliance with the Growth Management Act requirements.
Mayor Abel opened the Public Hearing for comments. No comments were received and
closed the Public Hearing at 7:25 p.m.
Minutes of March 27, 2006
Page 3 of 9
Council Member Dilenno moved and Council Member Clauson seconded a
motion to approve the proposed changes to Zoning Ordinance No. 1748 to
allow up to seven bedrooms in a Bed and Breakfast facility and to redefine a
Hotel/Motel facility as having more than seven guest rooms and to direct
staff to submit an Ordinance at the next regularly scheduled meeting
approving the changes. Upon vote, motion passed unanimously.
50-foot Circle Zoning Amendments
Planning Director Long-Woods presented the staff report regarding the removal of the
50-foot circle requirements in all zones and changing the minimum lot size in the R4.5
zone. Planning Director Long-Woods reported that the Planning Commission had
reviewed this issue over the span of approximately four meetings, and on December 12,
2005, the City Council held a Public Hearing and approved some of the proposed
changes recommended by the Planning Commission. The Council added some of their
own, such as removing the requirement of the 50. ft development circle requirement in
all zones, including the PRD; changing the minimum lot size in the R4.5 zone to 6,000
sq. ft and establishing a minimum lot width of 40 ft. in the R4.5 zone; and removing a
minimum lot size requirement from the PRD.
Planning Director Long-Woods stated that the Council directed staff to make the
proposed changes and submit them to the State Department of Community, Trade and
Economic Development (CTED) to comply with the Growth Management Act
requirements. CTED reviewed the proposed changes through the expedited review
process. After receiving no comments from other State agencies, CTED issued approval
on the proposed changes to the zoning ordinance.
Mayor Abel opened the Public Hearing for comments.
Patrick Lucas, 232 Goldenrod Street, expressed a concern with the removal of the 50-
foot circle and cautioned the Council on their decision.
Dousithee Chamberlain, 2505 Goldenrod, commented that the lots could be too small
for some developments.
Kathie Lipka, 2505 S. Flower Avenue, asked Council if it would be difficult to get water
at 700 feet on city lots.
As no further comments were received, Mayor Abel closed the Public Hearing.
Council Member Dilenno questioned the allowance of detached housing in the R20
zoning; she did not remember that issue being discussed at the December 12, 2005
Public Hearing.
Council Member Moore advised he reviewed the tape from the December 12, 2005
Public Hearing and that direction had been given.
Minutes of March 27, 2006
Page 4 of 9
Council Member Dilenno expressed a concern with the potential of allowing detached
housing in an R20 zone, as this could decrease the density in the area. Council Member
Dilenno commented the R20 zoning should be designated for condo and apartment
complexes and not detached housing.
Council Member Powers commented the R20 designation dictates that a developer
cannot build more than 20 dwelling units in this zone.
Council Member Geiger cautioned Council against forcing the developers to build up to
20 units.
Council Member Dilenno asked Council to consider allowing detached housing in a R20
zone under a PRD.
Planning Director Long-Woods commented currently the City has three very large
developments that are pending and they are all being developed under a PRD
designation. She noted that currently the zoning ordinance does not allow or recognize
detached housing in a R20 zone or PRD.
Council Member Powers expressed a concern with making a change in the R20 zone
without hearing from developers.
Council Member Geiger spoke in favor of allowing detached housing in a R20 zone,
however the development should be under a PRD.
Council Member Clauson moved and Council Member Dilenno seconded a
motion to continue the Public Hearing to the next regular scheduled City
Council meeting and direct staff to prepare two draft ordinances; one
allowing detached housing in an R20 zone under a PRO and one draft
ordinance as proposed in the March 27, 2006 staff report. Staff was also
directed to prepare a presentation illustrating examples of detached housing
in neighboring cities as they correspond to the proposed changes. Upon vote
motion passed unanimously.
CONSENT AGENDA
Council Member Geiger moved and Council Member Clauson seconded a
motion approving the Consent Agenda. Upon vote, motion carried
unanimously.
A. Approval of Claim Warrants
B. Minutes of the March 13, 2006 City Council Meeting
C. Minutes of the March 6, 2006 Continued City Council Meeting
D. Approval of Applications for Public Event Moved to Business Item #1
E. Authorization for Mayor to Sign Lease Agreement with Pacific Office Automation
for Police and Clerk/Treasurer Copy Machines
Minutes of March 27, 2006
Page 5 of 9
F. Adoption of Resolution 013-06 Authorizing Surplus of Miscellaneous Equipment
G. Passage of Ordinance 007 06 Regarding Climatic and Geographic Design Criteria
Moved to Business Item
H. Adoption of Resolution No. 015 06 Approving Issuance of Industrial Bonds for
CARA Land Co. by the Industrial Development Corporation of Kitsap County
Moved to Business Item
I. Authorization for ~1ayor to Sign Agreement ·vvith Kitsap County for Prosecutorial
Serv'ices Moved to Business Item #2
BUSINESS ITEMS
Approval of Application for Public Events
Council Member Chang stated he asked to remove this from Consent Agenda to allow
for public comments.
Dennis Lei, Puget Sound Wine Cellar, 120 Harrison Avenue, spoke against approving
the Fathom's 0' Fun Carnival application, at this location. Mr. Lei commented this
event has become a financial disaster for businesses on Harrison Avenue. Mr. Lei
suggested moving the carnival to the South Kitsap Mall parking lot.
Council Member Geiger suggested the City work with the businesses along the 100
block of Harrison Avenue. Police Chief Townsend proposed modifying the timed
parking along the 100 block of Harrison Avenue to 15 or 20 minutes.
Council Member Chang moved and Council Member Dilenno seconded a
motion to approve the following three Applications for Public Events:
Mustangs on the Waterfront -2006; Farmers Market; Fathoms 0' Fun
Parade. Upon vote/ motion passed unanimously.
Council Member Clauson moved and Council Member Geiger seconded a
motion to approve Fathoms 0' Fun Carnival Public Event Application with the
condition that the Police Chief will work with the merchants along the 100
block of Harrison Avenue to identify and place parking time restrictions on
these parking spaces.
Council Member Chang suggested the Council identify another areas to place the
carnival, to help alleviate any financial stress caused by this event.
Upon vote/ motion passed with five affirmative votes and one dissenting
vote. Council Member Chang cast the one dissenting vote.
Authorization for Mayor to Sign Agreement with Kitsap County for
Prosecutorial Services
City Clerk Etgen corrected Agenda Staff Report that reflected the percentage increase
for Port Orchard's 2006 proposed change to be 34.98%, which should read 24%
increase. City Clerk Etgen commented the current contract expired on April 17, 2005,
Minutes of March 27, 2006
Page 6 of 9
however the Prosecutor agreed to continue working under the expired agreement, until
an agreement could be reach with Bainbridge Island, Poulsbo and Bremerton.
Council Member Clauson moved and Council Member Powers seconded a
motion to authorize the Mayor to sign the Interlocal Agreement with Kitsap
County for Prosecutorial Services.
Council Member Chang asked what the justification is for the increase in the contract
amount.
Prosecutor Russ Hauge advised this agreement is unique, as it benefits the County and
cities involved as the prosecuting attorneys have the advantage of knowing what is
occurring in all Kitsap County jurisdictions. Mr. Hauge further commented when the
City of Bainbridge Island agreed to contract with the County, additional staff was
needed to provide this service to all jurisdictions.
Council Member Chang asked if the City is overcharged for the services, could the City
realize a refund.
Mr. Hauge advised this has never become an issue, however the City is welcome to
audit the County records at anytime.
Upon vote, motion passed with five affirmative votes and one dissenting
vote. Council Member Chang cast the one dissenting vote.
Passage of Ordinance No. 007-06 Regarding Climatic and Geographic Design
Criteria.
Public Works Director Abed advised this is just a housekeeping ordinance per the
requirements of the 2003 International Residential Code (IRC), Section R301.2. Public
Works Director Abed commented Kitsap County helped develop the criteria that the
City is asking to adopt.
Council Member Clauson moved and Council Member Moore seconded a
motion to continue this item to the April 10th Council meeting to allow Public
Works Director Abed the opportunity to provide more information on
climatic and geographic design criteria. Upon vote, motion passed
unanimously.
Adoption of Resolution No. 015-06 Approving Issuance of Industrial Bonds
for CARA Land Co. by the Industrial Development Corporation of Kitsap
County.
Assistant City Attorney Jacoby advised the Industrial Development Corporation of
Kitsap County received an application for tax-exempt financing from CARA Land Co.,
LLC. Since this project lies within the City's boundaries, state law requires the City to
approve the issuance of these bonds. Assistant City Attorney Jacoby assured the
Minutes of March 27, 2006
Page 7 of 9
Council, this approval does not make the City responsible for the payment of these
bonds.
Councilmember Clauson moved and Council Member Powers seconded a
motion to adopt Resolution No. 015-06 approving the issuance of industrial
bonds by the Industrial Development Corporation of Kitsap County for the
benefit of CARA Land Co., LLC. Upon vote, motion passed unanimously.
At 8:53 p.m. Mayor Abel called for a 5 minutes recess, with meeting reconvening at
9:00p.m.
Council Member Clauson moved and Council Member Dilenno seconded a
motion to suspend the regular order of business to present an update on the
marquee repairs. Upon vote, motion passed unanimously.
Council Member Powers, Public Property Chair, gave an update on the proposed repairs
to the marquee as discussed at the March 2, 2006 Committee meeting, reporting the
City has received an estimate on the repair project in the amount of $76,760. She
listed all the repairs that are part of the estimated cost, noting that the City could opt
out of any of the items. At this time the City may be ready to go out for bids in late
April and construction to begin in June 2006.
Council Member Powers invited anyone to attend the next Public Property Committee
meeting scheduled for April 13, 2006, 7:30a.m., at Myhre's.
Approval of Application for Public Event-PT Cruiser Meet and Greet
Council Member Moore moved and Council Member Powers seconded a
motion to approve the PT Cruiser Meet and Greet Public Event Application
scheduled for April 2, 2006. Upon vote, motion passed unanimously.
Joint Wastewater Treatment Plant Change Orders
i. Authorization for Mayor to Sign Change Order No. 15 for the Joint
Wastewater Treatment Plant-Phase II
On motion by Council Member Powers, seconded by Council Member
Dilenno, Council authorized the Mayor to sign Change Order No. 15 for a
total amount of $150,000 plus local sales taxes. Upon vote, motion passed
unanimously.
ii. Authorization for Mayor to Sign Change Order No. 16 for the Joint
Wastewater Treatment Plant-Phase II
Council Member Powers moved and Council Member Moore seconded a
motion to authorize the Mayor to sign Change Order #16 for a total amount
of $59,607.12 plus local sales tax. Upon vote, motion passed unanimously.
Minutes of March 27, 2006
Page 8 of 9
Authorization for Mayor to Sign an Agreement with West Sound Engineering
for Sidewalk Improvements
Council Member Clauson moved and Council Member Powers seconded a
motion to authorize the Mayor to sign the local agency contract with West
Sound Engineering, Inc., in the amount of $42,658,00. Upon vote, motion
carried unanimously.
Adoption of Resolution No. 014-06 Approving Modifications to the
Development Fees
Planning Director Long-Woods and Public Works Director Abed gave the Council a brief
outline on the reasons for the modifications to the development fees.
Council Member Chang moved and Council Member Clauson seconded a
motion to continue this meeting through all of the Business Items.
Council Member Diienno amended the motion and Council Member Clauson
seconded the amendment to continue the meeting only through Business
Item 6F. Motion failed with 2 affirmative votes and four dissenting votes.
Council Members Moore, Chang, Powers and Geiger cast the four dissenting
votes.
Original motion as presented, passed with 5 affirmative votes and one
dissenting vote. Council Member Diienno cast the one dissenting vote.
The Council discussed potential changes to the development fee schedule. Mayor Abel
asked the Council to submit their specific questions or concerns to Planning Director
Long-Woods and she will submit this list to the Finance Committee for their review and
consideration.
Designation of Official Newspaper
Council Member Clauson moved and Council Member Powers seconded a
motion to confirm Port Orchard Municipal Code Chapter 1.16, designating
the Port Orchard Independent as the City's official newspaper. Upon vote,
motion passed unanimously.
Discussion -Retreat
Council Member Chang asked the Council and Mayor to set up another Council retreat
and possibly look at scheduling a third Council meeting per month. Council Member
Powers suggested the Council and Mayor look at this request in six months and
reevaluate this issue.
Discussion-Committee Meetings and Special Meetings
Council Member Moore asked for clarification on why more than four Council Members
could not be present at a committee meeting, without it being noticed as a Council
Minutes of March 27, 2006
Page 9 of 9
meeting of the whole. Council requested clarification, including legal references, on
this issue from City Attorney Combs.
Council Member Excused
On motion by Council Member Geiger, seconded by Council Member Clauson,
Council excised Council Member Wyatt from this Council meeting.
ADJOURNMENT
At 10:40 p.m. Mayor Abel adjourned the meeting.
~~
Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor