04/24/2006 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Fred Chang
Robert Geiger
Rita Dilenno
Tye Moore
City of Port Orchard
Council Meeting Minutes
Regular Meeting of April 24, 2006
Carolyn Powers, Mayor Protem
Rick Wyatt
ALSO PRESENT: Public Works Director Abed, City Clerk Etgen, Deputy Clerk Merlino,
City Treasurer Tompkins and Assistant City Attorney Jacoby.
7:00 P.M. CALL TO ORDER
Kathie Lipka led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
Council Member Wyatt moved Consent Agenda Item "Adoption of Resolution No. 017-
06 Approving Preliminary Plat/PRO/Shoreline Substantial Development of Leora Park II"
to Business.
Council Member Wyatt moved the Executive Session after approval of Consent Agenda.
Council Member Wyatt moved "Audience Comments" after Business.
Council Member Chang moved Consent Agenda Item "First Reading of Ordinance No.
010-06 Amending the 2006 Budget for the Water-Sewer Cumulative Reserve Fund and
Water-Sewer Operating Fund" to Business.
Council Member Chang moved Consent Agenda Item "Passage of Ordinance No. 009-06
Extending the Wave Cable Franchise Agreement" to Business.
Council Member Chang moved "Update on the Tremont Corridor and Roundabout" to a
higher position on the Business agenda.
Mayor Abel moved "Discussion -Water and Sewer Connection~~ to a higher position on
the Business agenda.
Minutes of April 24, 2006
Page 2 of 7
PUBLIC HEARING
Gazebo Plat-Modifications to Sidewalk Configuration on Public Road #1
Planning Director Abed presented staff report regarding the modification to the sidewalk
configuration on Public Road #1 in Leora Park II. As a condition of the preliminary
plat, Council requested the applicant provide an arborist's report with recommendations
regarding significant trees adjacent to the portion of the North interior sidewalk, west of
Lot #10. According to the arborist, Arbor Management Services, the sidewalk should
not be built on the North edge of the interior road, west of Lot No. 10. Mr. Abed
commented the applicant should provide a striped crosswalk on this interior road to
provide pedestrian connectivity within the plat and provide vegetation to the portion of
sidewalk that is being removed per the arborist recommendation.
Assistant City Attorney Jacoby reminded Council that while they normally operate in a
legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial
body. Assistant City Attorney Jacoby further advised it is required that the Council be
fair and impartial with no conflict of interest or appearance of fairness violations.
Assistant City Attorney Jacoby asked if any Council Member had any ex parte contact
with anyone regarding this application, outside of this public hearing. There was no
comment from any Council Members. Assistant City Attorney Jacoby further asked if
any Council Member had any financial interest in this property, applicant or
representative of the applicant, either directly or indirectly relating to the property that
is involved. There was no comment by any Council Member.
At 7:15 p.m. Mayor opened the public Hearing.
Mark Kuhlman, Team 4 Engineering, representing applicant, concurred with the arborist
recommendation to delete the requirement to provide a sidewalk that would conflict
with the roots of the neighbor's significant tree. He also concurs with the arborist's
recommendation for vegetation in place of the deleted sidewalk.
Mayor Abel asked for clarification on the native vegetation. Public Works Director Abed
advised City staff has no objection with the recommendation presented by the arborist.
Patrick Lucas asked that the Council follow the recommendation of the arborist and
protect the significant tree that is in question located on his property.
Jerry Arnett asked if this Public Hearing is a Plat Amendment. Mayor Abel clarified for
Mr. Arnett, this Public Hearing is not a plat amendment; it is a modification to Section 7
of the Preliminary Plat conditions.
At 7: 20 p.m. Mayor Abel closed the Public Hearing.
Minutes of April 24, 2006
Page 3 of 7
Council Member Geiger moved and Council Member Diienno seconded a
motion to remove the portion of the sidewalk that is in conflict with the roots
of the neighbor's significant tree. With the premature termination of the
North sidewalk, the applicant should provide a striped crosswalk on the
interior road in order to provide pedestrian connectivity within the plat and
further approve the arborist recommendation for vegetation as presented
within the Arborist Report. Upon vote, motion passed unanimously.
CONSENT AGENDA
Council Member Diienno moved and Council Member Clauson seconded a
motion approving the Consent Agenda. Upon vote, motion carried
unanimously.
A. Approval of Claim Warrants #45397-45475 in the amount of $115,100.93
B. Approval of Minutes of March 21, 2006 Study Session Meeting
C. First Reading of Ordinance No. 010 06 Amending the 2006 Budget for the
\Vater Sev.'er Cumulative Reserve Fund and Water Sev.'er Operating Fund
Moved to Business
D. Adoption of Resolution No. 017 06 Approving Preliminary Plat/PRO/Shoreline
Substantial Development of Leora Park II Moved to Business
E. Passage of Ordinance 011-06 Approving Columbia Mortgage, Capital Corporation
Site Specific Rezone (R-1157)
F. Passage of Ordinance 009 06 Extending the V'lave Cable Franchise Agreement
Moved to Business
EXECUTIVE SESSION
At 7:31 p.m. Council went into Executive Session for 10 minutes to discuss potential
litigation and personnel issues. At 7:41 Mayor Abel extended the Executive Session an
additional 5 minutes.
At 7:46 p.m. Mayor Abel called for a 5-minute recess, with meeting reconvening at
7:51p.m.
BUSINESS ITEMS
Approval of April 6, 2006 Study Session Meeting
Council Member Wyatt moved and Council Member Clauson seconded a
motion to approve the April 6, 2006 Study Session minutes as distributed.
Upon vote motion passed, with 5 affirmative votes and two abstentions.
Council Member Powers and Diienno abstained from voting, due to non-
attendance of the April 6, 2006 study session.
Approval of the April 10, 2006 City Council Meeting
Council Member Powers moved and Council Member Clauson seconded a
motion to approve the April 10, 2006 City Council minutes as distributed.
Minutes of April 24, 2006
Page 4 of 7
Upon vote motion passed with six affirmative votes and one abstention.
Council Member Moore abstained from voting, due to his non-attendance of
the April1 0, 2006 meeting.
First Reading of Ordinance No. 010-06 Amending the 2006 Budget for the
Water-Sewer Cumulative Reserve Fund and Water-Sewer Operating Fund
Council Member Clauson moved and Council Member Powers seconded a
motion to direct staff to place an Ordinance amending the 2006 budget for
the Water-Sewer Cumulative Reserve Fund and the Water-Sewer Operating
Fund on the May 8, 2006 Council consent agenda for action.
Council Member Chang amended the motion and Council Member Moore
seconded a motion to continue this motion until the Utility Committee has
discussed and reviewed this issue. Upon vote, motion failed with 6
dissenting votes and one affirmative vote. Council Member Chang cast the
one affirmative vote.
Council Member Dilenno moved to amend the motion and Council Member
Wyatt seconded a motion to place a condition that no further obligations will
be approved for Well No. 10 until review by the City Council.
Council Member Geiger spoke in opposition to this amendment, stating the cost of
drilling is very high and the City needs to be persistent; as Well No. 10 will reach water.
Council Member Geiger also expressed a concern with possibly receiving penalties for
holding up drilling, while the Council reviews additional obligating funds.
Upon vote, amended motion passed with six affirmative votes and one
dissenting vote. Council Member Geiger cast the one dissenting vote.
Original motion as amended passed unanimously.
Adoption of Resolution No. 017-06 Approving The Preliminary
Plat/PRO/Shoreline Substantial Development of Leora Park II
Council Member Wyatt moved and Council Member Clauson seconded a
motion to reconsider Condition No. 47 of City Council Resolution No. 017-06.
Upon vote motion passed unanimously.
Council Member Wyatt moved and Council Member Clauson seconded the
motion to amend Condition No. 47 of City Council Resolution No. 017-06
instructing the applicant that upon Final Plat approval a "No Protest
Agreement" will be recorded against lots 1-18, in which the applicant agrees
to not protest the formulation of an LID, in the event the City decides to
form an LID for the improvement of South Flower Street. Upon vote, motion
passed with five affirmative votes and 1 dissenting vote. Council Member
Minutes of April 24, 2006
Page 5 of 7
Chang cast the one dissenting vote. Council Member Moore abstained from
voting, due to his absence from the Public Hearing.
Council Member Wyatt moved and Council Member Clauson seconded a
motion to approve the Preliminary Plat/PRO/Shoreline Substantial
Development of Leora Park II as amended. Upon vote, motion passed with
five affirmative votes and 1 dissenting vote. Council Member Chang cast the
one dissenting vote. Council Member Moore abstained from voting, due to
his absence from the Public Hearing.
Passage of Ordinance No. 009-06 Extending the Wave Cable Franchise
Council Member Chang asked if the cable franchise agreement could include free
Internet service for City Hall users. City Attorney Jacoby will review this question.
Council Member Clauson moved and Council Member Powers seconded a
motion to approve Ordinance No. 009-06 extending the Wave Cable
Franchise Agreement through June 30, 2006. Upon vote, motion passed
unanimously.
Discussion -Water & Sewer Connection
Council Member Moore asked the Council to consider adopting a policy that would allow
an espresso stand located in the parking lot of the Westbay Shopping Center a sewer
connection at no charge, due to the slight impact this business would have on the
City's sewer system.
City Attorney Jacoby reported City Code provides that once a property is developed and
upgraded, the City has the opportunity to review water/sewer usage. He further noted
that when the Westbay Shopping Center was first developed, it complied with the
ordinances in existence at the time. The new espresso business located in the parking
lot is using less than 1/10th of an ERU. City staff noted this is a very insignificant
amount, and are looking for direction on how to implement this policy.
Council Member Wyatt asked why there is a concern over only 10 to 15 gallons of
water usage.
Council Member Geiger expressed a concern that this structure is moveable; it never
had a building permit, or permission to be on the property. The structure has been
sitting in City right of way for many years. The City did not negotiate with the owners
for public beach access. The Health Department regulations have never been followed.
This structure is considered a concession type of structure and does not conform to
City standards. He stressed the fact that the water consumption is not the issue that if
this is approved, and another larger structure is placed at this location, this very small
issue could result in becoming a costly expense to the City.
Minutes of April 24, 2006
Page 6 of 7
Council Member Diienno expressed a concern with applying rules differently for
different applicants and asked the Council to be consistent with their decisions.
Ron Rice, resident, advised in August 2004, he submitted a letter to the City requesting
his sewer charges be based on consumption and he is discussing his sewer charges
with the Public Works Director.
Council Member Clauson moved and Council Member Moore seconded a
motion to place this item back into the Utility Committee for further review,
with the City Attorney and Ron Rice in attendance. Upon vote motion
passed unanimously.
At 9:16p.m. Mayor Abel called for a 4 minutes recess.
Authorization for Mayor to Sign Change Order No. 17 for the Joint
Wastewater Treatment Plant
Council Member Clauson moved and Council Member Moore seconded a
motion to authorize the Mayor to sign Change Order No. 17 for a total
amount of $24,538.97 plus local sales tax, subject to review by Karcher
Creek Sewer District. Upon vote motion passed unanimously.
Approval of an "Opt-Out" Recycling Program for Senior Citizens and Disabled
Persons
Council Member Clauson moved and Council Member Powers seconded a
motion to adopt an "Opt-Out" Recycling Exemption Program for Senior
Citizens and Disabled Persons. Upon vote motion passed unanimously.
Passage of Ordinance No. 007-06 Regarding Climatic and Geographic Design
Criteria
Council Member Chang moved and Council Member Geiger seconded a
motion to approve Ordinance No. 007-06 establishing the City's criteria for
both climatic and geographic design guidance. Upon vote motion passed
with 5 affirmative votes and 2 dissenting votes. Council Member Wyatt and
Clauson cast the two dissenting votes.
Discussion-Update on the Tremont Corridor an Roundabout
Council Member Chang asked if there would be more opportunity for public input and
about the time line of the project.
Public Works Director Abed reported the City had a very informative public meeting
regarding the project. The roundabout will have signage on how to approach it, and
lanes will be clearly marked. In addition to signage the neighbors will be educated on
how the roundabout will work in their neighborhood, and the Police Department will be
involved to make sure that everyone is comfortable with the transition. The Building
Minutes of April 24, 2006
Page 7 of 7
Department has forms for the public if anyone has questions or comments about the
roundabout.
Public Works Director Abed discussed the timeline of the project. The design phase will
be completed in July 2006 and the necessary purchase of right-of-way will be
identified. At that time the right-of-way appraisers will start negotiations with property
owners. The City will offer market value to property owners. The City will not
purchase any structures located in the right of way. If the right-of-way negotiations
are successful, construction will start in early spring of 2007. The right-of-way
contracts will come back to the City Council for approval.
Council Member Dilenno asked Mr. Abed to provide the Council with an update on the
progress of this project, and also provide a discussion item on the economic pros and
cons of either a roundabout or signal intersection.
Authorization for Mayor to Sign Contract with Parametrix for Temporary
Planning Assistance
Council Member Powers moved and Council Member Wyatt seconded a
motion to authorize the Mayor to sign a contract with Parametrix to provide
planning assistance through July 24, 2006, and the amount is not to exceed
$15,000. Upon vote motion passed unanimously.
AUDIENCE COMMENTS
Council Member Clauson moved and Council Member Moore seconded a
motion to allow Audience Comments at this time. Upon vote, motion passed
unanimously.
Richard Brown, local realtor, concurred with the City contracting with Parametrix to
help provide planning assistance to the Planning Department, and strongly urged the
City to move to using a Land Use Hearing Examiner. He urged the City to contract with
Kitsap County for the maintenance of the City's retention ponds. Mr. Brown suggested
the City amend the short plat ordinance, since it is not in compliance with the Growth
Management Act, and spoke on behalf of Mike Eliason, Kitsap County Association of
Realtors, who would like the City to establish an affordable housing task force.
He urged the Council to include Bethel Road in the Critical Areas Ordinance.
ADJOURNMENT
At 10:00 p.m. Mayor Abel adjourned the meeting.
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Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor