01/14/2008 - Regular - MinutesPRESENT: Lary Coppola, Mayor
City of Port Orchard
Council Meeting Minutes
Regular Meeting of January 14, 2008
Council Members: Chang, Childs, Clauson, Colebank, Olin, Powers, and
Putaansuu
ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, Associate
Planner Haro, Assistant Planner Bonsell, City Clerk Merlino, Deputy Clerk Kirkpatrick,
and City Attorney Jacoby.
7:00 P.M. CALL TO ORDER
Gerry Harmon led the audience and Council in the Pledge of Allegiance.
PUBLIC HEARING
Pottery Avenue Preliminary Plat/Rezone/PRO -Continued from December
10. 2007, Council meeting
This item was continued from the December 10, 2007 Council Meeting to allow staff
additional time to complete an on-site visit to determine the exact location of the road
and the requirements for the road dedication and frontage improvements. Public Works
Director Abed stated he did a site visit and recommended that the applicant be required
to provide 7.5 feet of new right-of-way dedication.
City Attorney Jacoby reminded the Council this matter had been held over from the
December 10, 2007 meeting and that they were still under the public hearing phase for
this matter. City Attorney Jacoby asked the Council Members who were not in
attendance at the December lOth meeting if they had watched the taped proceedings of
this hearing. Council Members Olin and Clauson indicated they had not watched the
meeting tapes and City Attorney Jacoby advised that they would not be able to
comment or vote on this matter. City Attorney Jacoby addressed the appearance of
fairness doctrine and reminded the remaining Council Members that during this Public
Hearing the Council is acting as a quasi-judicial body and asked if any Council Member
had any ex parte contact with anyone regarding this application, outside of this public
hearing. 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. City Attorney Jacoby asked if any
member of the audience felt any of the Council Members should not participate in the
hearing. There was no response to any of the questions.
Minutes of January 14, 2008
Page 2 of 11
Norm Olson, project engineer for Olson and Associates, provided a summary of the
project, noting that the applicant was requesting:
1. To dedicate 7.5 feet of right-of-way including sidewalks, curbs and gutters.
Mr. Olson noted wider roads cause extra stormwater treatment and
encourage people to drive faster.
2. To remove five (5) significant trees 36 inches or greater in diameter. These
trees were located in the proposed roadway.
3. An administrative variance of five (5) feet. The two front lots would be
accessed off of the internal road, not Pottery Avenue, and the applicant
requested a 10-foot setback for these two houses along the Pottery Avenue
side.
In response to Council Member Putaansuu, City Attorney Jacoby explained that the
applicant would fall under the purview of the zoning code and development rules in
effect at the time of application.
City Attorney Jacoby clarified that the applicant was requesting and staff was
recommending a 7.5 foot right-of-way along Pottery Avenue and the applicant was also
requesting an additional 10-foot setback for the two parcels abutting Pottery Avenue.
Further, the City Attorney recommended that the Council include in the ordinance the
variance for the 10-foot setbacks for the two lots abutting Pottery Avenue which has
been administratively approved by the City Engineer.
Gerry Harmon, 906 Kitsap Street, noted that over the last year the Council has allowed
developers to dictate the removal of significant trees and stated that smaller trees
would not solve stormwater issues. Ms. Harmon further stated the community needs
to work together with the City on addressing this issue.
Dick Brown suggested the Council name the plat "Peabody Meadows" in honor of the
Peabody family who owned the land for many years.
There being no further testimony, Mayor Coppola closed the public hearing at 7:45 p.m.
Council Member Powers moved and Council Member Putaansuu seconded the
motion to approve with conditions the Preliminary Plat and Planned
Residential Development/Rezone (SUBDIV 07-01/R-1163) for Pottery
Avenue and directed staff to prepare both a resolution and an ordinance for
the next regularly scheduled meeting and include the corrections as
recommended by City Attorney Jacoby as follows: a) Site Conditions -13:
change from, "Fire department appears adequate and shall consist of the
following:" to, "Fire access appears adequate and shall consist of the
following:"; b) land Use/Zoning -15: change from " ... even though it does not
Minutes of January 14, 2008
Page 3 of 11
comply with the Comprehensive Plan." to, " ... even though it does comply
with the Comprehensive Plan."; c) Conclusions -2: "the proposed rezone is
consistent with the Comprehensive Plan; and d) Conditions of Approval-
Traffic/Roads -14: "An approved 7.5 foot right-of-way dedication and signed
waiver of protest agreement for future improvement to Pottery Avenue ... "
Upon vote, the motion passed with five affirmative votes and two abstained
votes. Council Members Clauson and Olin abstained from voting.
Council Member Putaansuu amended the motion and Council Member Childs
seconded the amendment to approve the removal of five (5) significant trees
located in the proposed roadway of the cul-de-sac.
Council Members and staff held a brief discussion on the status of the Growth
Management Committee's recommendations to the Significant Tree regulations. It was
noted that the Committee made several changes and recommendations; however, the
former Planning Director did not bring those changes to the Council. It was determined
that this item would be added to the Work Study session for further discussion and
direction by Council to staff.
Upon vote, the amended motion passed with four affirmative votes and one
dissenting vote. Council Member Chang cast the dissenting vote. Council
Members Clauson and Olin abstained from voting.
Street Vacation: Portion of Rockwell Avenue, Adjacent to Bethel Avenue
Public Works Director Maher presented the staff report, noting that this is an application
to vacate a portion of the City's right-of-way on Rockwell Street, adjacent to Bethel
Avenue. The Street Committee and the Public Works Director reviewed the request and
recommended the Council hear this Street Vacation request.
Mayor Coppola opened the Public Hearing at 7:43 p.m.
Dick Peterson, one of the purchasers of the property, stated that most of the
surrounding area is unbuildable; however, vacating Rockwell Avenue would allow for
future property development for the lots abutting the existing public right of way.
Public Works Director Maher explained that the street vacation procedures require the
property owner to provide an appraisal of the land value to the City. City Attorney
Jacoby further explained this property can only be used as a public road.
Brian Petro a real estate broker urged the Council to vacate the property to make it a
viable piece of property no matter its future use.
Minutes of January 14, 2008
Page 4 of 11
There being no further testimony, Mayor Coppola closed the Public Hearing at 7:49 p.m.
Council Member Powers moved and Council Member Clauson seconded the
motion to direct City staff to prepare the required Street Vacation Ordinance
taking into account all required right-of-way, easements, public input and
roadway concerns and designate the $9,000 derived from the full-appraised
value to be split 50/50 between the Street Fund and the Designated
Unreserved Fund Balance for Parks.
Council Members briefly discussed the land appraisal values and differences in
comparable values. City Attorney Jacoby stated the Council's options were 1) delay
action to the next meeting to allow the appraiser an opportunity to explain why the
camps are appropriate, or 2) direct staff to hire an appraiser to determine the land
value. Council Members voiced support for vacating and selling the land.
Upon vote the motion passed with six affirmative votes and one dissenting
vote. Council Member Chang cast the dissenting vote.
City Attorney Jacoby requested the Council consider allowing staff to proceed with the
process without bringing an ordinance forward at the next meeting for approval as the
applicant, Mr. Peterson needed to expedite this matter.
Council Member Clauson moved and Council Member Colebank seconded the
motion to authorize the Mayor to sign the Ordinance Vacating a Portion of
Rockwell Avenue, Adjacent to Bethel Avenue without further Council review
or action. Upon vote, the motion passed unanimously.
West Street Preliminarv Plat/PRO
Associate Planner Haro presented the staff report, noting that the proposal is for a
preliminary plat and planned residential development (PRD) to subdivide a 1.07 acre
site into five townhouse lots and two tracts. The property contains a portion of a Class
III wetland buffer and some significant trees and the site will be accessed off of West
Avenue. At their December 17, 2007, Planning Commission meeting, the Commission
voted unanimously to approve the application subject to the conditions outlined in their
Resolution No. 015-07.
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 and
asked if any Council Member had any ex parte contact with anyone regarding this
application, outside of this public hearing. City Attorney Jacoby further asked if any
Council Member had any financial interest in this property, applicant or representative
Minutes of January 14, 2008
Page 5 of 11
of the applicant, either directly or indirectly relating to the property that is involved.
City Attorney Jacoby asked if any member of the audience felt any of the Council
Members should not participate in the hearing. There was no response to any of the
questions.
Mayor Coppola opened the Public Hearing at 7:58 p.m.
Norm Olson, project engineer for Olson and Associates, provided a brief overview of the
project, noting they would be widening the road to 28 feet with curb, gutters, and
sidewalk improvements. In addition, they would place 2-foot planters between the
sidewalk and rolled curbs, plant larger trees than required, and create a storm water
pond. Mr. Olson noted that the plans proposed retention of 9 significant trees and the
townhouses would be approximately 3 bed/2 baths ranging from 1800 square feet to
2500 square feet dependent upon whether the unit had a daylight basement. Mr. Olson
stated this will be a nice addition to the West Street neighborhood. Mr. Olson asked the
Council waive the lighting improvement as the area was well lit from the opposite side
of the street and approve the rolled curb and planter boxes between the curb and
sidewalk.
Council Members held a brief discussion on the whether to allow rolled curbs, increasing
the setback to allow for a 20' tandem parking area, and moving the garage and
driveway to the lower part of the lot, which would allow a larger front yard. Overall,
Council Members commented this project was a good enhancement for the
neighborhood.
Brian Petro spoke on development and saving significant trees, noting that the growth
management act dictates what tree a developer must remove in order to develop a lot
and the lot size has decreased significantly over the last few years.
Gerry Harmon, 906 Kitsap Street, concurred that it was the community's responsibility
to hold the growth management act accountable due to its flaws; however, it was
equally important that the Council protect as many trees as possible.
Gil Michael, 228 Seattle Avenue, concurred with the Council that the project is an
improvement to the area and supported the concept of using the daylight basement as
a garage and expanding the setback 15-feet to allow for a 20-foot tandem parking area.
Mr. Michaels did not support rolled curbs, noting many people use them to park on and
requested the Council approve the project in accordance with City standards.
Mr. Olsen stated the applicant had no problem with moving the building setbacks to
allow for the 20-foot tandem parking area.
Minutes of January 14, 2008
Page 6 of 11
City Attorney Jacoby stated that should the Council approve the motion subject to the
Planning Commission's recommendations in Resolution 015-07, that conditions 3, 4, 5,
and 6 be amended so that the plans and bonds are required to be submitted with the
grading permit application.
There being no further public testimony, Mayor Coppola closed the Public Hearing at
8:40p.m.
Council Member Olin moved and Council Member Chang seconded the motion
to approve with conditions the Preliminary Plat/Planned Residential
Development (SUBDIV 07-02) for the West Street Preliminary Plat and direct
staff to prepare a resolution for the next regularly scheduled meeting subject
to the Planning Commission's Resolution No. 015-07, and amending
Conditions 3, 4, 5, and 6 to require that the plans and bonds be submitted
with the grading permit application and for condition #10 to read, "20-foot
building setback." Upon vote, the motion passed unanimously.
Ben Orser Site Specific Rezone. R-1169
Associate Planner Haro presented the staff report, noting that staff has been unable to
reach the applicant. Associate Planner Haro noted this is a rezone of a .29 acre parcel
from Residential 20 (R-20) to Residential 8 (R-8) to allow for the construction of a
single-story, single-family residence of 2,110 square feet. The Planning Commission
voted unanimously to approve the application, without conditions at its December 17,
2007, meeting.
Mayor Coppola opened the Public Hearing at 8:45 p.m. There being no public
testimony, Mayor Coppola closed the Public Hearing at 8:46 p.m.
Council Member Olin moved and Council Member Powers seconded the
motion to approve the Ben Orser rezone (R-1169) request and directed staff
to prepare an ordinance for the next regularly scheduled meeting. Upon vote,
the motion passed unanimously.
APPROVAL OF AGENDA
The following Consent Items were removed from the Consent agenda and placed under
Business Items.
6B Minutes of the December 10, 2007, and December 19, 2007, City Council
Meetings
6E Approval of Resolution No. 002-08, Denying the Comprehensive Plan
Amendment for Wright, Travatte, Tweten
Minutes of January 14, 2008
Page 7 of 11
6F Adoption of Ordinance No. 001-08, Regarding Council Meeting Dates and
Order of Business and Amending Port Orchard Municipal Code Sections
2.040.010 and 2.04.060
6G Adoption of Resolution No. 003-08, Establishing City Council Committees
Council Member Clauson moved and Council Member Colebank seconded the
motion to approve the agenda as amended. Upon vote/ the motion passed
unanimously.
AUDIENCE COMMENTS
Fred Depee thanked the Council for getting through the four public hearings so quickly
and noted that it might be more beneficial to ask the County Commissioner's to change
their meeting date as the City has been meeting on the second and fourth Mondays
long before the Commissioners changed their schedule.
Richard Brown encouraged the City to focus on the following:
• All properties annexed into the City falling within the commercial zone should
be taken in at the same density.
• Continue to participate in the Puget Sound Regional Council.
• Urge the County to redo the Bethel Corridor Plan to ensure the design
standards are fair and equitable.
• Creating an Arbor Fund for developers to pay into for use in placing trees and
sidewalks on the property.
Finally, he noted that when people work together they can figure out how to do things.
William Palmer, Land Use Planning Consultant urged the Council to reexamine the
density provisions in the mixed use/commercial zone, concurring with comments
regarding density provisions of the GMA and its affect on significant trees and
supported the creation of an Arbor fund.
Justin Travette, 288 Tremont, explained that he began operating his real estate
business out of his home eight years ago and urged the Council to reconsider his
rezone request.
Mayor Coppola directed the City Attorney and staff to work with Mr. Travette to resolve
the issues of his home-based occupation.
Brian Petro urged the new Council Members to read the Washington State Constitution,
noting the powers lies with the Council and that staff works for them, encouraged the
Council to take pride in their community, to remember that sales taxes pay the bills,
and to consider annexation for growth and expansion of the City's tax base.
Minutes of January 14, 2008
Page 8 of 11
Jason Higgins,1780 Sidney Avenue, urged the Council to reconsider the rezone request
for Wright, Travette, Tweten in order to allow continued operation of their real estate
business.
CONSENT AGENDA
Council Member Putaansuu moved and Council Member Clauson seconded
the motion approving the Consent Agenda. Upon vote, motion passed
unanimously.
A. Approval of Claim Warrants #48975 through 49111 in the amount of
$463,324.42
g... ~1inutes of the Deceffiber 10, 2007, and Deceffiber 19, 2007, City Council
~1eetings
C. Authorization for the Mayor to Sign the Public Defender Contract
D. Approval of Resolution No. 001-08, Denying the Comprehensive Plan
Amendment for Anne Johnson
E... Approval of Resolution ~~o. 002 08, Denying the Coffiprehensive Plan
Affiendffient for Wright, Travatte, ·rweten
F: Adoption of Ordinance No. 001 08, Regarding Council ~1eeting Dates and
Order of Business and Affiending Port Orchard ~4unicipal Code Sections
2.010.010 and 2.01.060
G-.-Adoption of Resolution ~Jo. 003 08, Establishing City Council Coffiffiittees
BUSINESS ITEMS:
Minutes of the December 10, 2007. City Council Meeting
Council Member Powers moved and Council Member Putaansuu seconded the
motion to approve the December 10, 2007 minutes. Upon vote the motion
passed with three affirmative votes and four abstentions. Council Members
Clauson, Colebank, Olin, and Childs cast the abstaining votes.
Minutes of the December 19. 2007, City Council Meeting
Council Member Clauson moved and Council Member Putaansuu seconded
the motion to approve the December 19, 2007, minutes. Upon vote, the
motion passed with four affirmative votes and three abstentions. Council
members Colebank, Olin, and Childs cast the abstaining votes ..
Approval of Resolution No. 002-08. Denying the Comprehensive Plan
Amendment for Write, Travatte, Tweten
City Attorney Jacoby explained that at the December 10, 2007, meeting the Council
voted to deny this Comprehensive Plan Amendment. Further, the only way to reconsider
the matter was if a Council Member who voted to deny it at the December 10, 2007,
meeting now agreed to make a motion to reconsider. Additionally, Comprehensive Plan
Amendments can only be made one time per year. This item was acted upon during
Minutes of January 14, 2008
Page 9 of 11
2007 and should the Council move to reconsider the action it could potentially affect the
decision making process for 2008 comprehensive plan amendments.
Council Member Clauson moved and Council Member Putaansuu seconded
the motion to adopt Resolution No. 002-08, denying the request for a
Comprehensive Plan Amendment (CA-34-07) to change the designation of
the Wright/Travatte/Tweten properties; (Tax Parcel Nos. 342401-4-007-
2002; 342401-4-008-2001; and 342401-4-011-2006) to "Commercial" on the
City of Port Orchard Comprehensive Plan Text and Map. Upon vote, the
motion passed unanimously.
Adoption of Ordinance No. 001-08. Regarding Council Meeting Dates and
Order of Business and Amending Port Orchard Municipal Code Sections
2.04.010 and 2.04.060
Council discussed combining items 8, 9, and 10 into one item called New Business.
Council Member Powers moved and Council Member Olin seconded the
motion to adopt Ordinance No. 001-08, Regarding Council Meeting Dates and
Order of Business and Amending Port Orchard Municipal Code Sections
2.04.010 and 2.04.060. Upon vote, motion passed unanimously.
Council Member Clauson moved and Council Member Powers seconded to
reconsider adoption of Ordinance No. 001-08. Upon vote the motion passed
unanimously.
Council Members clarified their intent was to combine items 8, 9, and 10 into one item
called New Business.
Council Member Clauson moved and Council Member Colebank seconded the
motion to adopt Ordinance No. 001-08, Regarding Council Meeting Dates and
Combining Order of Business items 8, 9, 10, and 11 into one item titled, New
Business and rename item 12 to Reports of Council Members, and Amending
Port Orchard Municipal Code Sections 2.04.010 and 2.04.060. Upon vote, the
motion passed unanimously.
Adoption of Resolution No. 003-08, Establishing City Council Committees
Council Member Childs moved and Council Member Olin seconded the motion
to Adopt Resolution No. 003-08, regarding the establishment of City Council
Committees.
Minutes of January 14, 2008
Page 10 of 11
Council Members discussed which committees to keep and it was decided that the
Council would maintain the current committee system and determine who will serve on
the newly created committees at the February 5, 2008 work study session.
Council Member Clauson amended the motion and Council Member
Putaansuu seconded the amendment to maintain the current committee
assignments, make the ordinance effective subsequent to the study session
and appointment of Council Members to the newly created committees. Upon
vote the amended motion passed with six affirmative votes and one
dissenting vote. Council Member Childs cast the dissenting vote.
Upon vote, the main motion as amended passed unanimously.
Council Member Clauson moved and Council Member Olin seconded the
motion to hold the Work Study Session on Tuesday, February 5, 2008, at 7:00
p.m. at City Hall. Upon vote, the motion passed unanimously.
Appointment of Mayor Pro Tem
Council Member Olin moved and Council Member Powers seconded the
motion to elect John Clauson as the Mayor Pro-Tem for 2008. Upon vote, the
motion passed unanimously.
Adoption of Resolution No. 004-08. Approving the Job Description and
Establishing a Step System Schedule for the Position of City Development
Director
Council Member Clauson moved and Council Member Colebank seconded the
motion to adopt Resolution No. 004-08, approving the position of City
Development Director and establishing a job description and salary step
system. Upon vote, the motion passed unanimously.
COUNCIL/MAYOR & STAFF REPORT
Council Member Olin reported that he was part of group that travelled to the City of
Lacy to look at how their round-abouts were set up, noting it was a lot different than
Gig Harbor.
Council Member Colebank voiced appreciation for Associate Planner Haro stepping in for
the former Planning Director.
Mayor Coppola remarked that he was learning the ropes and had not realized how
many meetings he would be attending.
Minutes of January 14, 2008
Page 11 of 11
At 9:50 p.m. Mayor Coppola adjourned into a 10-minute Executive Session for litigation
purposes and noted that council action would be contemplated as a result of the
Executive Session.
Council Member Clauson moved and Council Member Colebank seconded the
motion to extend the meeting to completion of the final action. Upon vote/
the motion passed unanimously.
Council Member Olin moved and Council Member Clauson seconded the
motion authorizing the Mayor to sign the Separation and Release Agreement
between the City and Joanne Long-Woods in the form negotiated by the
Mayor and the City Attorney. Upon vote/ the motion passed unanimously.
At 10:03 p.m. Mayor Coppola adjourned the meeting for a 5-minute Executive Session
to discuss personnel issues. At 10:08 p.m. Mayor Coppola reconvened the meeting and
announced no action would be taken as a result of the Executive Session.
Patricia J. KifkbatriCk:oeputy Clerk