08/13/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor
City of Port Orchard
Council Meeting Minutes
Regular Meeting of August 13, 2007
Council Members: Mayor Pro-Tem Wyatt, Chang, Clauson, Dilenno,
Geiger, Powers, and Putaansuu
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, City
Clerk Merlino, Deputy Clerk Kirkpatrick, and Assistant City Attorney Jacoby.
7:00 P.M. CALL TO ORDER
Mr. Glen Schmidt led the audience and Council in the Pledge of Allegiance.
PRESENTATION
Boy Scout Day Camp
Mr. Glen Schmidt, past District Chairman for South Kitsap County Boy Scouts, presented
the Council with a plaque thanking the City for allowing the Boy Scouts to use Van Zee
Park for a two-week camp during July. He noted that over 200 kids attended the camp
and he appreciated the City staff's assistance in setting up the entrances and helping to
keep the kids safe.
Bethel Corridor Update
Eric Baker, Kitsap County Commission's office, provided a brief presentation on the
Bethel Corridor and proposed financing plan on how to pay for the $43 million project.
There were two alternatives the County was looking at: 1) funded by a County Road
Improvement District (CRID), which would likely replace impact fees; and 2) funded by
a Transportation Benefit District (TBD), which would require a supermajority vote and
would not be paid by CRID property owners. The TBD could be funded by property
taxes or motor vehicle license fees, which would be assessed per vehicle. The County's
next steps would be to hold public meetings to get citizens input on the alternatives
presented, obtain a joint resolution of support from the City of Port Orchard, and refine
the TBD and CRID boundaries.
Kitsap County Commissioner Jan Angel noted this issue was being brought forward to
the Council for its input and explained the County would do survey work to find out
what the citizens think about the options. She further explained that if the community
does not support the project it will not happen and would affect future development of
the Bethel Corridor area.
Minutes of August 13, 2007
Page 2 of 8
The Council directed staff to place this item on their agenda for the budget planning
session and in the meantime present the options to the community through its Citizen's
Update Newsletter.
Mayor Abel called for a five-minute break and reconvened the meeting at 8:00 p.m.
Proposed Storm Water
Ed Wiltsie, representing Morrissette & Associates, provided a power point presentation
on the proposed Storm Water Management Plan. Mr. Wiltsie reviewed compliance
requirements, state and federal deadlines, penalties, and costs for the next six years.
Further, it was recommended that the City look at funding the project through a utility
rate district similar to Bremerton and Poulsbo. Future work included meeting with the
Council's Utility Committee to finalize rate structure, revise City ordinances, and hold
public hearings on the revised ordinance and report.
Council Member Wyatt moved and Council Member Chang seconded the
motion to send the proposed Storm Water Management Plan to the Utility
Committee for further review. Upon vote, the motion passed unanimously.
Public Hearing
Petition for Annexation: Walden, Tanner & Lingerfeldt Properties
Planning Director Long-Woods presented the staff report, noting the request contained
six parcels totaling 115.89 acres contiguous to the City limits. The parcels were recently
added to the City's Urban Growth Area through Kitsap County's Comprehensive Plan,
10-year update approved in December 2006. The Lingerfeldt property was designated
"Urban Low Density Residential" and the Tanner/Walden properties were designated
"Urban High Intensity Commercial/Mixed Use" in the County's Comprehensive Plan. The
applicant for Lingerfeldt property has requested the designation of "Medium Density
Residential" in the City's Comprehensive Plan, which would allow for future residential
zoning. The applicants for Tanner/Walden properties requested "High Density
Residential" designation to allow for future mixed use of the properties.
The Council held a brief discussion on ownership of the road and Assistant City Attorney
Jacoby explained that the City could not ask that the road be included in the annexation
at this time, as the Boundary Review Board had already approved the request.
At 8:53 p.m. Mayor Abel opened the Public Hearing.
Michelle McFadden, representing property owners of the 5 acres adjacent to the
proposed annexed properties, expressed concern with zoning and requirements for
buffer against rural property. She suggested consideration of a nuisance clause or other
form of protection for those property owners who own horses.
Minutes of August 13, 2007
Page 3 of 8
Ms. Gerry Harmon, 906 Kitsap Street, voiced concern with an increase in sewer bill,
runoff and erosion, and whether or not a plan was being formulated for preserving as
many trees as possible during future development of the proposed annexation parcels.
Mr. Gil Michael, 228 Seattle Avenue, urged the Council to develop an area-wide
comprehensive master plan before proceeding further with development in the
Sidney/Sedgwick areas.
Mr. Dave Walden, representing Quadrant Homes, spoke about Quadrant Homes' pride
in being a good neighbor, noting Quadrant will propose trails and a two and one-half
acre park. Quadrant remains committed to being a good neighbor and keeping the
community informed of future development plans of the area.
There were no further public comments. At 9:00 p.m. Mayor Abel closed the Public
Hearing.
Council Member Clauson moved and Council Member Powers seconded the
motion to accept and approve the petition for annexation of approximately
115.89 acres owned by Walden, Tanner, and Lingerfeldt and require the
simultaneous adoption of comprehensive plan designations of High Density
Residential for the Walden/Tanner property and Medium Density for the
Lingerfeldt properties, and the assumption of existing City indebtedness by
the area to be annexed. Upon vote, the motion passed unanimously.
APPROVAL OF AGENDA
The following Consent Item was removed from the Consent agenda and placed under
Business Item 7C:
• Approval of Mayor's Recommendation of Appointment of Lodging Tax
Advisory Committee Members
The following Business Items were removed from the Agenda:
• Approval of Public Event Application for the Spirit of Truth Fellowship's
"Free Family Movies in the Park"
• Discussion: GUM POD
A 10-minute Executive Session for discussion of real estate acquisition was added to
the agenda.
Minutes of August 13, 2007
Page 4 of 8
AUDIENCE COMMENTS
Mr. Tom Kruse, Vice-President of Planning and Business Development of Harrison
Medical Center, introduced himself and provided a brief update on future development
of a 24-hour urgent care facility in Port Orchard and its benefit to the community.
Mr. Gil Michaels, 228 Seattle Avenue, urged the Council to consider amending the
current City Code in regards to political signs due to the State moving the date of the
primary from September to August. Specifically, he asked that City Code allow general
election candidates to begin posting political signs after the primary. Those candidates
not moving forward in the general election should be required to remove all political
signs within seven days after the primary.
Mr. Fred Olin, 219 Tracy, encouraged the Council to require those not moving forward
in the general election to remove their signs within one week after the primary and/or
general election. Mr. Olin did not believe any other changes were necessary to the
Code.
Mr. Larry Coppola voiced concern with current City Code requiring primary winners to
remove signs within one week after the primary only to have to put them back up for
the general election.
After a brief discussion, the Council referred the issue of revising the Political Signs code
section to the Street Committee. In addition, the Street Committee was asked to review
political sign placement and/or abolishing all political signs within the City limits.
Gerry Harmon, 906 Kitsap Street, voiced concern with the Downtown Overlay District
(DOD) rules and regulations, specifically whether other communities' rules and
regulations contained flaws and whether the Council was taking those flaws into
consideration during their review process.
CONSENT AGENDA
Council Member Chang moved and Council Member Wyatt seconded the
motion approving the Consent Agenda as amended. Upon vote, motion
passed unanimously.
A. Approval of Claim Warrants 48130-48239 totaling $395,452.67 and July
Payroll Warrants #140856-140910 and Direct Deposits in the amount of
$378,687.25.
B. Minutes of the July 23, 2007 City Council Meeting
C. Approval of Public Event Application for the Chamber of Commerce's "2nd
Annual Murder Mystery Weekend"
9r Approval of ~1ayor's Recommendation of Appointment of Lodging Tax
Advisory Committee ~1embers
Minutes of August 13, 2007
Page 5 of 8
BUSINESS ITEMS:
Adoption of Ordinance No. 024-07 Approving the Annexation Reguest for
Walden, Tanner & Lingerfeldt Properties
Council Member Dilenno moved and Council Member Wyatt seconded the
motion to approve Ordinance No. 024-07 for the petition for annexation of
approximately 115.89 acres owned by Walden, Tanner, and Lingerfeldt and
require the simultaneous adoption of comprehensive plan designations, and
the assumption of existing City indebtedness by the area to be annexed.
Upon vote, motion passed unanimously.
At 9:33 p.m. the Council moved into a 10-minute executive session for discussion of
real estate acquisition.
Mayor's Recommendation of Appointment of Lodging Tax Advisory
Committee Members
Council Member Wyatt moved and Council Member Geiger seconded a motion
to approve the Mayor's recommendation to appoint representatives from the
Vista Motel, Comfort Inn, and Days Inn, along with representatives from
Kitsap Peninsula Visitor and Convention Bureau, Bay Street Association, and
Port Orchard Chamber of Commerce. Upon vote, motion passed unanimously.
Minutes of the July 17, 2007 Special Study Session -Development
Regulations Meeting
Council Member Clauson moved and Council Member Wyatt seconded the
motion to approve the July 17, 2007 Special Study Session -Development
Regulations Meeting as presented. Upon vote, motion passed with six
affirmative votes and one abstention. Council Member Putaansuu abstained
from voting due to nonattendance at the meeting.
Minutes of the July 27, 2007 DOD Meeting
Council Member Putaansuu moved and Council Member Wyatt seconded the
motion to approve the July 25, 2007 Downtown Overlay District Meeting as
presented. Upon vote, motion passed with five affirmative votes and two
abstentions. Council Members Clauson and Diienno abstained from voting
due to their nonattendance at the meeting.
Safer Boating Grant
Mayor Abel presented the staff report, noting the Police Department was awarded a
grant of $5,823 from the Washington State Parks and Recreation Commission in order
to conduct marine patrol operations. The grant funds must be used for personnel costs
Minutes of August 13, 2007
Page 6 of 8
related to marine patrol and safety only and cannot be used to supplement existing
programs or to purchase equipment and/or repairs.
Council Member Diienno moved and Council Member Powers seconded the
motion to accept the Safer Boating -Boating Activities Program Grant from
the Washington State Parks and Recreation Commission for the Police
Department. Upon vote the motion passed unanimously.
Approval of Public Event Application for Spirit of Truth Fellowship's "Free
Family Movies in the Park" This item was removed from the agenda for further
review.
Continued Discussion Item: Wi-Fi in Citv Hall
Mayor Abel presented the staff report and reminded the Council that the main motion,
"Proceeding with Alternative 1 to provide Wi-Fi within City Hall and refer Alternative 2 to
the Finance Committee" was before the Council for consideration.
Council Member Clauson reported on inter-meeting discussions on this issue and noted
that Wave Broadband had sent a letter advising their willingness to do a no-charge
engineering survey of city hall to determine equipment requirements for Wi-Fi within
the city hall building.
Council Members discussed whether the low cost proposal of Alternative 1 was the
preferred alternative and whether or not to accept Wave Broadband's offer to do a free
engineering survey of city hall. Concerns were voiced in regards to user control, staff
time to trouble shoot Internet access problems, and whether or not the City wanted to
limit access similar to the Kitsap County's program.
Council Member Powers moved and Council Member Clauson seconded the
motion to extend the meeting an additional 15 minutes. Upon vote motion
passed with five affirmative votes and two dissenting votes. Council
Members Diienno and Wyatt cast the two dissenting votes.
Council Member Putaansuu voiced concern with what Wave Broadband's intended use
of the free signal was for, i.e. solely for City use or public use. He was unclear on
whether the current agreement adequately addressed this issue and was in favor of
Wave Broadband completing the free study of City Hall.
Assistant City Attorney Jacoby explained that the franchise agreement was clear in that
Wave Broadband agreed to provide complimentary Internet and wireless services within
City Hall.
Minutes of August 13, 2007
Page 7 of 8
Council Member Clauson moved to amend the main motion and Council
Member Chang seconded the amendment to read, "proceed with Alternative
1 to provide Wi-Fi within City Hall, to have Wave Broadband provide a no-
charge engineering survey of the City Hall building to determine equipment
requirements, and refer Alternative 2 to the Finance Committee. Upon vote,
the amended motion passed unanimously.
Upon vote, the main motion as amended passed unanimously.
Discussion: GUMPOD
This item was moved to a future council meeting.
Discussion: Admissions Tax
Mayor Abel presented the staff report and explained that State law allows for a 5% tax
on admissions. Should cities located in a county choose to not impose an admissions
tax, the county can collect that tax within the corporate limits. The theater on Mile Hill
worked with the City to institute a fairer tax for the small business owner. In March
2007, the City received a letter from one of the original owners of the South Sound
Cinema 10 and advised the theater was sold to Regal Cinemas and the new owners
price tickets in Port Orchard the same as other locations that are under a 4 or 5%
admission tax. The Finance Committee has discussed whether to increase the
admissions tax and if so, to what level or leave the tax at the current level of one-tenth
of one percent. If the tax were increased to one percent the estimated annual increase
would be $15,000. If the tax were increased to five percent the estimated annual
increase would be $83,000.
Council Member Geiger expressed concern with increasing the admissions tax, noting it
was unfair and burdensome to tax only the two theaters.
At 10:19 p.m., Mayor Abel took a one-minute break.
Council Member Chang moved and Council Member Powers seconded the
motion to extend the meeting an additional 10 minutes. Upon vote, motion
passed with four affirmative votes and three dissenting votes. Council
Members Diienno, Geiger, and Wyatt cast the three dissenting votes.
Council Member Powers moved and Council Member Diienno seconded the
motion to direct staff to prepare an ordinance increasing the City of Port
Orchard's Admission Tax to 5°/o to become effective January 1, 2008.
Council Member Powers moved and Council Member Putaansuu seconded the
motion to continue discussion of this item at the August 27, 2007 meeting.
Minutes of August 13, 2007
Page 8 of 8
Upon vote, motion passed with five affirmative votes and two dissenting
votes. Council Member Diienno and Clauson cast the two dissenting votes.
Discussion: Parking Feasibility Study
This item was moved to a future Council meeting.
ADJOURNMENT
At 10:25 p.m. Mayor Abel adjourned the meeting.
Kim E. Abel, Mayor