05/22/2006 - 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 May 22, 2006
Carolyn Powers, Mayor Protem
Rick Wyatt
ALSO PRESENT: Public Works Director Abed, City Clerk Etgen, Deputy Clerk Merlino,
Planning Director Long-Woods, City Treasurer Tompkins, City Attorney Combs, and
Assistant City Attorney Jacoby.
7:00 P.M. CALL TO ORDER
Elizabeth Moore led the audience and Council in the Pledge of Allegiance.
PRESENTATION
Port Orchard
Study
South Kitsap Sub-Area Plan/Final Environmental Impact
James Weaver, Kitsap County Senior Planner presented for the Council's review and
recommendation the preliminary final "Findings of Fact, Conclusion and
Recommendations of the Planning Commission, to the Board of County Commissioners,
Regarding the proposed Adoption of the Port Orchard/South Kitsap Sub-Area Plan."
Council Member Powers moved and Council Member Moore seconded a
motion to schedule a Council Study Session to allow the Council an
opportunity review the entire document and prepare a recommendation to
Kitsap County. Upon vote, motion passed with 6 affirmative votes and one
dissenting vote. Council Member Chang cast the one dissenting vote.
APPROVAL OF AGENDA
Council Member Wyatt asked to schedule an Executive Session for 10 minutes after the
approval of the agenda regarding a potential real estate transaction.
Council Member Chang asked to remove from Consent Agenda Item -Approval of
Hotel/Motel Special Project Requests and place this item on Business.
Council Member Geiger asked to move "Adoption of Resolution No. 018-06 Setting the
Date for a Public Hearing Regarding a Vacation of Right-of-Way" to Business.
Minutes of May 22, 2006
Page 2 of 6
Mayor Abel added a Discussion Item to Business regarding canceling the June 26, 2006
City Council Meeting, due to lack of quorum.
EXECUTIVE SESSION
At 7:20 p.m. Council went into Executive Session to discuss a potential real estate
transition.
At 7:35 p.m. Mayor Abel reconvened the meeting.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
John Cristello, representing Pease and Sons, presented the City with a plaque in
appreciation for allowing them the opportunity to work with the City on the expansion
of the Wastewater Treatment Facility.
DISCUSSION
Preliminary Plat/Planned Residential Development for Forest Song
Mayor Abel advised this discussion is follow-up from the Public Hearing that was heard
on May 8, 2006.
Council Member Wyatt moved and Council Member Geiger seconded a motion
to delete from Planning Commission Resolution No. 06-06 Condition of
Approval #25 -"The proponent shall prepare a cost estimate for their
proportion of the intersection improvements at Tremont/ Pottery and Port
Orchard Blvd. /SR 166. The estimate and final payment must be made prior
to final plat." Upon vote, motion failed with six dissenting votes and one
affirmative vote. Council Member Wyatt cast the one affirmative vote.
Council Member Moore moved and Council Member Clauson seconded a
motion modifying Conditions of Approval #25 by setting a total limit of
$300.00 the proponent shall pay for their proportionate amount for
intersection improvements at Tremont/Pottery and Port Orchard
Blvd./SR166.
Council Member Diienno moved and Council Member Chang seconded an
amendment to the motion to place a $300.00 limit for each intersections.
Upon vote, motion passed with four affirmative votes and three dissenting
votes. Council Members Powers, Moore and Wyatt cast the three dissenting
votes.
Upon vote, motion as amended passed with 5 affirmative votes and two
dissenting votes. Council Members Wyatt and Powers cast the two
dissenting votes.
Minutes of May 22, 2006
Page 3 of 6
Council Member Clauson moved and Council Member Wyatt seconded a
motion to adopt Planning Commission Resolution No. 06-06, Conditions of
Approval #1-#7. Upon vote, motion passed unanimously.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to adopt Planning Commission Resolution No. 06-06, Conditions of
Approval #8-#11. Upon vote, motion passed unanimously.
Council Member Clauson moved and Council Member Moore seconded a
motion to adopt Planning Commission Resolution No. 06-06, Conditions of
Approval #12-#19. Upon vote, motion passed unanimously.
Council Member Diienno moved and Council Member Moore seconded a
motion to add another Condition of Approval relative to "Roads" as follows:
The access to the northern portion of the development known as the "Tax
Title Strip or Hill Street" is to be left undisturbed. Upon vote, motion passed
unanimously.
Council Member Dilenno moved and Council Member Moore seconded a
motion to add another Condition of Approval relative to "Roads" as follows:
On Sherman Avenue from the center line of the existing edge of pavement
the developer will add 12 feet of roadway, plus sidewalk with curb and
gutters. Upon vote, motion passed unanimously.
Council Member Diienno moved and Council Member Clauson seconded a
motion to modify Conditions of Approval #21 to ensure that the project
proponents meet all traffic analysis and Engineering approval. Upon vote,
motion passed unanimously.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to adopt Planning Commission Resolution No. 06-06, Conditions of
Approval #20, 22, 23 and 24. Upon vote, motion passed unanimously.
Council Member Clauson moved and Council Member Moore seconded a
motion to stricken Conditions of Approval #27 and replace the Condition to
read as follows: "This project shall not be developed in phases," and further
adopt Conditions of Approvals #26 -30 of Planning Commission Resolution
No. 06-06. Upon vote, motion passed unanimously.
RECESS
At 8:55 p.m. Mayor called for a 5-minute recess. Council reconvened into regular
session at 9:00 p.m.
Council Member Diienno moved and Council Member Chang seconded a
motion to add an additional Condition of Approval as follows: The developer
Minutes of May 22, 2006
Page 4 of 6
will provide a centrally located 6,000 square foot recreation area with a
minimum of $10,000 worth of equipment, outside the natural buffer area,
with the site approved by the Planning Director. Upon vote, motion failed
with four dissenting votes and three affirmative votes. Council Members
Powers, Geiger, Wyatt and Clauson cast the four dissenting votes.
Council Member Diienno moved and Council Member Clauson seconded a
motion to approve the exemption from the requirements of the View
Protection Ordinance. Upon vote, motion passed unanimously.
Council Member Clauson moved and Council Member Powers seconded a
motion to direct staff to submit a Resolution approving the application for
preliminary Plat/Planned Residential Development of Forest Song with the
Conditions of approval as recommended by the Planning Commission and
City Council as soon as possible. Upon vote, motion passed unanimously.
EXECUTIVE SESSION
Council Member Diienno moved to excuse Council into an Executive Session
for five minutes to discuss a potential litigation. Upon vote, motion failed
with four dissenting votes and three affirmative votes. Council Members
Powers, Geiger, Wyatt and Clauson cast the four dissenting votes.
CONSENT AGENDA
City Attorney Combs pointed out an error in the minutes as submitted, and noted the
minutes as adopted by Council on the Consent Agenda would be the corrected version.
Council Member Clauson moved and Council Member Wyatt seconded a
motion approving the Consent Agenda as amended. Upon vote, motion carried
unanimously.
A. Approval of Claim Warrants #45587-45658 in the amount of $172,152.28
B. Minutes of the May 8, 2006 City Council Meeting
C. Adoption of Resolution 018 06 Setting the Date for Public Hearing of Vacation of
Right Of Way Moved to Business
D. First Reading of Ordinance Amending the 2006 Budget for the Cumulative
Reserve for Municipal Facilities and the Waste Water Treatment Facility
Expansion Fund
E. Authorization for Mayor to Sign Phase II Stormwater Grant Program Agreement
with Department of Ecology
F. Authorization for Mayor to Sign Supplemental Agreement No. 4 for Bay Street
Pedestrian Path
G. Authorization for Mayor to Sign Supplemental Agreement No. 1 for Tremont
Street Widening
H. Correction of Scriveners Error-Renumbering Ordinance
I. Approval of Hotel/~1otel Special Project Requests Moved to Business
Minutes of May 22, 2006
Page 5 of 6
BUSINESS ITEMS
Discussion -Authorization for Mayor to Negotiate an Agreement for Future
Reservoir Financing with McCormick Land Company
Council Member Clauson moved and Council Member Wyatt seconded a
motion to authorize the Mayor to negotiate and bring back to Council a draft
financing agreement with McCormick Land Company for a future reservoir.
Council Member Diienno moved and Council Member Moore seconded a
motion to include other options for future financing. Upon vote, motion
failed with four dissenting votes and three affirmative votes. Council
Members Powers, Geiger, Wyatt and Clauson cast the four dissenting votes.
Upon vote, original motion as presented passed with five affirmative votes
and two dissenting votes. Council Members Diienno and Chang cast the two
dissenting votes.
Discussion -Cable Television Franchise Agreement with Wave Broadband
Assistant City Attorney Jacoby presented information highlighting the key provisions of
the proposed cable television franchise agreement with Wave Cable. Mr. Jacoby
requested Council discussion and recommendation regarding the duration of the
agreement. Currently the duration of the franchise is for four years, however it was
the Finance Committee's request that the franchise agreement be extended for more
than five years so that it expires with Kitsap County's Franchise Agreement with Wave
Broad Band which will be renegotiated in 2009.
Council Member Chang asked if Internet cable was included in this agreement. Mr.
Jacoby advised this is a separate issue and was not provided in this contract.
EXTENSION OF COUNCIL MEETING PAST ADJOURNMENT TIME
Council Member Geiger moved and Council Member Powers seconded a
motion to extend this Council Meeting an additional five minutes to finish
the discussion. Upon vote, motion passed with five affirmative votes and
two dissenting votes. Council Members Chang and Moore cast the two
dissenting votes.
Council Member Chang requested Assistant City Attorney Jacoby provide a written
report as to why Internet service is not included in this agreement.
Council concurred with Assistant City Attorney Jacoby to move forward with the Cable
Television Franchise Agreement with Wave Broadband.
Minutes of May 22, 2006
Page 6 of 6
ADDITIONAL EXTENSION OF COUNCIL MEETING PAST ADJOURNMENT TIME
Council Member Geiger moved and Council Member Moore seconded a
motion to extend this Council Meeting an additional four minutes. Upon
vote, motion passed with five affirmative votes and two dissenting votes.
Council Members Clauson and Wyatt cast the two dissenting votes
EXCUSED ABSENCES
Council Member Dilenno moved and Council Member Geiger seconded a
motion to excuse Council Members Powers, Chang, Moore and Wyatt from
the June 26, 2006 City Council Meeting. Upon vote, motion passed
unanimously.
CONTINUATION OF MEETING
At 10:09 p.m. Council Member Wyatt moved and Council Member Clauson
seconded a motion to continue this Council Meeting to Tuesday, Mayor 30,
2006 at 7:00 p.m. Upon vote, motion passed unanimously.
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Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor