04/09/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor
City of Port Orchard
Council Meeting Minutes
Regular Meeting of April 9, 2007
Council Members: Mayor Pro-tem Wyatt, Chang, Clauson, Diienno,
Geiger, and Putaansuu
ABSENT: Council Member Powers (excused)
ALSO PRESENT: Public Works Director Abed, Planning Director Long Woods, City
Clerk Merlino, Interim Deputy Clerk Gilreath, and Assistant City Attorney Forbes.
7:00 P.M. CALL TO ORDER
Commissioner Jan Angel led the audience and Council in the Pledge of Allegiance.
PRESENTATION
Bethel Corridor Update -Kitsap County
Eric Baker, Special Projects Manager-Kitsap County, presented the Costs and Proposed
Funding Strategy of the Bethel Corridor Plan. Mr. Baker discussed issues since adoption
of the plan in 2000 such as escalation in right-of-way costs and recent rezones/land use
approvals. The plan affects Bethel Road from SE Shelton Lane to Ives Mill Road and
includes several new roundabouts and traffic lights. Funding for the project will come
from the County Road Fund, a proposed Transportation Benefit District (TBD) and a
proposed County Road Improvement District (CRID) encompassing the property along
Bethel Avenue. Mr. Baker presented the pros and cons of the proposed plan and the
next steps to move the plan forward. A discussion followed on the possible tax
implications to the citizens of Port Orchard.
PUBLIC HEARING
CUP 025-07 -South Kitsap Little League Storage Facility
Planning Director Long-Woods presented the staff report advising the proposal is a
conditional use permit to allow for construction of a 3,200 square-foot building on a
2.29 acre parcel to be used for storage of landscaping and sports equipment at an
existing Little League baseball field within City jurisdiction.
Assistant City Attorney Forbes 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 Forbes asked if any Council Member had any ex parte
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communication with anyone regarding this application. There was no response from
any Council Member. Assistant City Attorney Forbes further asked if any Council
Member had any financial interest in this property, with the applicant or representative
of the applicant, either directly or indirectly relating to the property involved. There
was no response from any Council Member. Assistant City Attorney Forbes asked if any
Council Member had any reason to believe they would not be able to render a fair and
impartial decision based on the information they receive today. There was no response
from any Council Member. Assistant City Attorney Forbes asked if any member of the
audience felt any of the Council Members should not participate in the hearing. There
was no response from any audience member.
At 7:35 p.m. Mayor Abel opened the Public Hearing.
Bob Showers, President of Western Little League, shared the steps the Little League
went through to raise the funds, obtain plans and determine the correct ownership of
the property.
There were no further comments from the audience. Mayor Abel closed the Public
Hearing at 7:47 p.m.
Council Member Dilenno moved and Council Member Wyatt seconded the
motion to adopt the findings of the Planning Commission Conditions No. 1
and No. 2 and approve the requested Conditional Use Permit (CUP 025-07)
for the South Kitsap Western Little League and Kitsap County, and direct
staff to submit a resolution for review at the next regularly scheduled
Council meeting. Upon vote, the motion passed unanimously.
CUP 021-06 -Verizon Cell Tower
Planning Director Long-Woods presented the staff report advising the proposal is for a
Conditional Use Permit, a Shoreline Substantial Development Permit, a Shoreline
Conditional Use Permit, and variances from View Protection Guidelines and Shoreline
Master Program Height Limits to construct a 100-foot flagpole cellular communications
facility on SW Bay Street near the western City limits.
Assistant Attorney Forbes further explained the overlap in the five elements and how
the Resolution will address each action individually so that the requirements are clearly
stated.
Council recommended adoption of Planning Commission Resolution No. 004-07 as
outlined in the Agenda Staff Report dated April 9, 2007 and requested staff to detail
any contentious items arising from the application.
Planning Director Long-Woods presented the concerns from City Staff:
1) The pad of the tower will be located very close to City right-of-way.
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2) Although the tower will not block or impair any residential views at present; there
are plans to develop residential property on the hill behind the proposed tower.
3) In order to obtain stabilized footing for a tower of this height, Verizon will be
required to drill down 25 feet for the cement foundation. The close proximity to the
shoreline makes the possibility of saltwater intrusion a concern.
4) This cell tower will not service Port Orchard citizens.
Assistant City Attorney Forbes 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 Forbes asked if any Council Member had any ex parte
communication with anyone regarding this application. There was no response from
any Council Member. Assistant City Attorney Forbes further asked if any Council
Member had any financial interest in this property, with the applicant or representative
of the applicant, either directly or indirectly relating to the property involved. There
was no response from any Council Member. Assistant City Attorney Forbes asked if any
Council Member had any reason to believe they would not be able to render a fair and
impartial decision based on the information they receive today. There was no response
from any Council Member. Assistant City Attorney Forbes asked if any member of the
audience felt any of the Council Members should not participate in the hearing. There
was no response from any audience member.
At 8:01 p.m. Mayor Abel opened the Public Hearing.
Andy King, representing The Meridian Group and applicant Verizon Wireless, stressed
that all antenna equipment would be contained in the base of the tapered steel shaft
flagpole and there would be no external projections on the shaft. Verizon radio
equipment will be located within the existing two-story building on the property. Mr.
King advised wireless technology doesn't respect City limit boundaries and currently a
tower located in Bremerton serves the Port Orchard area. There are no lights proposed
or required for the flagpole. Mr. King commented that a geotechnical report submitted
with the application specifically addresses saltwater intrusion and standard erosion
control methods to mitigate any ground water impact.
A discussion followed regarding the possibility of attaching a flag to the pole and the
FAA requirements for a 100 foot structure.
There were no further public comments. Mayor Abel closed the Public Hearing at 8:16
p.m.
Council Member Chang expressed concern that the tower exceeds the Shoreline Master
Program Height Limits and the fact that the City regulations for communication towers
are very limited.
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Council Member Diienno moved and Council Member Clauson seconded the
motion to approve the Conditional Use Permit (CUP 021-06), Shoreline
Substantial Development Permit (SOP 69-06), and Height Variance (V-1176),
with the conditions specified in Planning Commission Resolution 002-07, and
that a lighted American flag be added as a condition and direct staff to
prepare a resolution for approval at the next scheduled Council meeting.
It was determined that the applicant would be responsible for maintaining the flag as a
requirement of the Conditional Use Permit.
Upon vote, the motion passed with five affirmative votes and one dissenting
vote. Council Member Chang cast the one dissenting vote.
At 8:22 p.m. Mayor Abel called for a five minute break with the meeting reconvening at
8:27p.m.
APPROVAL OF AGENDA
Council Member Wyatt moved and Council Member Clauson seconded a
motion to table Business Item No. 7-C Adoption of Temporary Sign Ordinance
No. 006-07 regarding Downtown Marquee. Upon vote, motion failed with
two affirmative votes and four dissenting votes. Council Members Chang,
Diienno, Geiger and Putaansuu cast the four dissenting votes.
No other changes were proposed to the agenda.
AUDIENCE COMMENTS
There were no comments from the audience.
CONSENT AGENDA
Council Member Diienno moved and Council Member Putaansuu seconded a
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
A. Approval of Claim Warrants #47467 through 47545 totaling $237,247.12
B. Minutes of the March 26, 2007 City Council Meeting
C. Approval of Ordinance No. 007-07 Paulson Site-Specific Rezone No. R-1160
BUSINESS ITEMS
Approval of the March 20, 2007 Council Study Session Minutes-Development
Regulations
Council Member Wyatt moved and Council Member Putaansuu seconded a
motion to approve the minutes of the March 20, 2007 Council Study Session-
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Development Regulations. Upon vote, motion passed with five affirmative
votes and one abstention. Council Member Diienno abstained due to
nonattendance at the meeting.
Approval of the April 2, 2007 Council Special Meeting Minutes-Downtown
Overlay District
Council Member Chang moved and Council Member Wyatt seconded a motion
to approve the minutes of the April 2, 2007 Council Special Meeting-
Downtown Overlay District. Upon vote, motion passed with five affirmative
votes and one abstaining vote. Council Member Clauson abstained due to
nonattendance at the meeting.
Adoption of Temporary Sign Ordinance No. 006-07 Regarding Downtown
Marquee
Public Works Director Abed stated that the downtown merchant business signs were
removed during the work on the marquee. The Public Property Committee developed
interim sign requirements that would allow downtown merchants to advertise their
businesses without having to wait for a revised sign code. Ordinance No. 006-07 would
accomplish this objective during this transitional period.
Council Member Wyatt moved and Council Member Dilenno seconded a
motion to adopt Ordinance No. 006-07 approving interim sign standards for
downtown Port Orchard.
Council Member Wyatt amended the motion and Council Member Geiger
seconded the amendment to include the following changes to Ordinance No.
006-07:
1) Page 3 Section 3(g): Strike the words "movie theater" and replace them
with the word "venue".
2) Page 3 Section 3(h) Change the verbiage to read: Changeable letter strips
may be added to marquee signs for those building ten ants that may be
displaying different dates and times and other activities.
A discussion followed regarding the fact that signs are currently attached to the
underside of the marquee and it was suggested that Section 2 be removed from the
Ordinance.
Council Member Geiger further amended the motion and Council Member
Wyatt seconded the second amendment to remove Section 2 in its entirety
from Ordinance No. 006-07.
A discussion followed regarding returning the Ordinance to the Public Property
Committee for further clarification.
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Council Member Wyatt moved and Council Member Clauson seconded a
motion to table the original motion as twice amended . Upon vote, motion
passed with four affirmative votes and two dissenting votes. Council
Members Chang and Diienno cast the two dissenting votes.
Council Member Dilenno moved and Council Member Chang seconded a
motion to take the original motion as twice amended off the table.
Council Member Diienno expressed concern that the City is doing the merchants a
disservice by not giving them an interim solution for their signage.
Upon vote, the motion failed with two affirmative votes and four dissenting
votes. Council Members Clauson, Geiger, Putaansuu and Wyatt cast the four
dissenting votes.
Ratification of 2007 Proposed Changes to Countywide Planning Policies
Planning Director Long-Woods stated the Kitsap Regional Coordinating Council Board
and the Cities' Planning Directors have reviewed and made recommendations for
changes to be incorporated into the Kitsap County Wide Planning Policies for 2007.
Planning Director Long-Woods further stated that in order for these changes to be
approved by the County, three cities have to ratify the changes; however, if two cities
oppose the changes, the amendment process must return to the Board for further
discussion. Currently the City of Bremerton has opposed Element B(4)(a). The Growth
Management Committee concurs with the recommendations of the City of Bremerton.
Mike Eliason, Kitsap County Association of Realtors, stated that the Kitsap County
Association of Realtors agrees with the recommendation of the Growth Management
Committee to reject the changes proposed in Element B(4)(a) with the exception of
physical location or existing patterns of service. Mr. Eliason added that urban growth
should be associated with a City.
Council Member Chang moved and Council Member Dilenno seconded a
motion to approve the changes being proposed by the Kitsap Regional
Coordinating Council except for the changes being proposed in Element
B(4)(a) of the County Wide Planning Policies and direct staff to prepare a
resolution for approval at the next regularly scheduled Council meeting.
Upon vote, the motion passed unanimously.
MAYOR'S REPORT
Mayor Abel announced that the Boys and Girls Club had obtained their fundraising goal
and there will be a Summer Program at Sidney Glen Elementary.
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ADJOURNMENT
At 9:25 p.m. Mayor Abel adjourned the meeting.
Kim E. Abel, Mayor