05/24/2004 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
Robert Geiger
Rita Diienno
Carolyn Powers
Ron Rider
Rick Wyatt, Mayor Protem
CITY OF PORT ORCHARD
City Council Minutes
CITY HALL • 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
May 24,2004
ALSO PRESENT: City Planner Wen man, City Engineer Curies, Deputy Clerk Merlino and City
Attorney Jacoby.
6:30 p.m. CALL TO ORDER
Julie Graves, Kitsap County Housing Authority, led the audience and Council in the Pledge of
Allegiance.
PRESENTATIONS
John McNutt Regarding SR 166 Ross Point Slide Repair
Mr. McNutt discussed Phase 3 of the SR 166 Ross Point slide repairs, and presented the scope
of the project as follows:
~ Removal of unstable materials;
~ Re-contouring slopes;
~ Construction of rock buttresses;
~ Installation of horizontal drains.
Mr. McNutt discussed the time schedule, stating the first closure is set for July 16th through
August 5th. The roadway will reopen from August 6th -15th for summer events and will close
again August 16th through September 3rct. Mr. McNutt presented Council with fiyers that will be
distributed to citizens to help keep the public informed on the repair project. The Mayor and
Council thanked Mr. McNutt on his presentation.
Julie Graves, Kitsap Countv Housing Authority, Update on Mitchell Avenue Senior
Housing Proiect
Julie Graves advised the Housing Authority and City have been working on this project together
since 1997 and thanked the Mayor and Council for their continued cooperation. Ms. Graves
commented tenants would be moving into the facility in July 2004, with the grand opening
scheduled for July 2004 as well.
APPROVAL OF AGENDA
May 24, 2004
Page 2 of 8
Councilmember Diienno moved and Councilmember Cramer seconded a motion to
approve the Agenda with the following revisions:
:>-Remove from Consent Agenda and Place on Business Items:
o Approval of Ordinance No. 1939 Concerning Modification to the
Stormwater Ordinance
o Acceptance of the Public Works Trust Fund Loan for $6.8 Million for the
Expansion of the Wastewater Treatment Facility
:>-Remove from Business Items and Place on Consent Agenda:
o Acceptance of the Community Development Block Grant Contract
Regarding the Economic Redevelopment Study of Downtown Port
Orchard
:>-Addition to Business Items:
o Update on the Sale of the Parkwood Property
Motion carried unanimously.
AUDIENCE COMMENTS
John Lackey, 709 Smith Street, brought to the Council's attention the anniversary of Resolution
No. 1636, adopted on May 24, 1993 which describes the policy on conversion of homes to
businesses surrounding the Kitsap County Courthouse. Mr. Lackey commented that Resolution
No. 1636 also addresses the policies on how the Kitsap County Expansion project shall proceed.
Mr. Lackey thanked the City on its vision to have such policies in place.
Doug Booth, owner of JA Michaels, 715 Bay Street, expressed a concern with extending live
music to 1:30 a.m. Mr. Booth also expressed a concern with Councilmember Rider discussing
this issue, due to a conflict of interest, being the owner of the building whose tenant is
Harborside Bar and Grill.
PUBLIC HEARING
Petition to Vacate a Portion of City Right-of-Way Within an Alley Referred to as
Central Addition to Sidney, Reolat, as Submitted by Paul Olson
Paul Olson, petitioner, presented a brief history of the proposed street vacation.
Mayor Abel opened the Public Hearing and asked for audience comments regarding the proposed
Petition to vacate a portion of City right-of-way. As no comments were received, Mayor Abel
closed the public input portion of the Public Hearing and asked for Council's recommendation.
Councilmember Cramer moved and Councilmember Geiger seconded a motion to
approve the petition to vacate a portion of right-of-way known as the alley separating
block 004, lots 5 to 9 Central Addition to Sidney, Replat and Block 004 lots 10 to 13
Central Addition to Sidney, Replat, as submitted by Paul Olson and the compensation
May 24, 2004
Page 3 of 8
of $1,525.00 received from the street vacation will be distributed with a 50/50 split
between the Street Fund and the Designated Unreserved Fund Balance for Parks.
Motion passed unanimously.
Councilmember Geiger moved and Councilmember Powers seconded a motion to
reconsider the motion to approve the petition to vacate a portion of right-of-way.
Council discussed the easements within the right-of-way and agreed to exclude the east 20 feet
of the right-of-way for utility easements.
Councilmember Cramer moved and Councilmember Geiger seconded a motion to
approve the petition to Vacate a portion of right-of-way known as the alley
separating block 004, lots 5 to 9 Central Addition to Sidney, Replat and Block 004 lots
10 to 13 Central Addition to Sidney, Replat, as submitted by Paul Olson and the
compensation of $1,525.00 received from the Street Vacation will be distributed with
a 50/50 split between the Street Fund and the Designated unreserved Fund Balance
for Parks with the exception of the east 20 feet thereof.
Blackjack Creek Park-JARPA 162-04
City Planner Wen man presented the staff report regarding the Blackjack Creek Park Project, which
is proposed to be located adjacent to the east bank of the mouth of Blackjack Creek as it flows
into Sinclair intet, situated next to the Westbay Center in the 1300 block of Bay Street. City
Planner Wenman stated the City of Port Orchard is requesting a Shoreline Substantial
Development Permit along with a Shoreline Setback Variance, a Critical Area Ordinance Building
Setback Variance, and a Conditional Use Permit, for the construction of a public waterfront
pedestrian park. City Planner Wenman advised this is a joint project between the City and the
Port Orchard Rotary Club.
At this time Mayor Abel opened the Public Hearing and asked for audience comments.
City Attorney Jacoby advised the City Council of the Quasi-Judicial Hearing rules and asked if the
Council had any ex parte contact with any individuals regarding this issue prior to this hearing and
if the Council had any reason why they could not render an impartial decision on this matter. No
comments were received from the Council. The City Attorney asked the audience if they saw any
reason why the Council could not render an impartial decision. No comments were received from
the audience.
Mike Savage, representing the Port Orchard Rotary Club, expressed his pleasure about working
on this project with the City. Mr. Savage encouraged the City to continue this user-friendly
boardwalk into the main part of downtown. Mr. Savage stated the Port Orchard Rotary is
providing the labor for the project and commented on the many fund raising events the Rotary
Club has sponsored, i.e., selling bricks to be placed around the gazebo and golf tournaments. Mr.
Savage was also happy to announce the name of the park as "Etta Turner Memorial Park." In
May 24, 2004
Page 4 of 8
conclusion, Mr. Savage commented the ground breaking would be on July 6, 2004. The park is
scheduled to open by the end of February 2005.
Patricia Vermos Drew, 944 Bay Street expressed a concern with the welfare of Blackjack Creek.
Ron Rice, 369 Sedgwick Road, suggested the Rotary Club advertise the sale of the bricks in the
Port Orchard Independent and also asked about the high water mark of the project. City Planner
Wenman advised the high water mark is approximately 10 feet. City Planner further commented
the Fisheries Department would like to see enhancement of the shoreline beyond what the City is
proposing, and stated the Tribes did not respond to the SEPA.
At this time, Mayor Abel called for further audience comments. As no further comments were
received, Mayor Abel closed the public input portion of the Public Hearing and referred this
matter to Council for their consideration.
Councilmember Powers moved and Councilmember Rider seconded a motion to grant
a Conditional Use Permit for the construction of a shoreline public park.
Councilmember Diienno expressed a concern with visitors to the park who would park on private
property, specifically that of the Westbay Shopping Center.
The consensus of the Council was that the property owner could mark the property as private
property, and that this could also bring more business to the Westbay Shopping Center.
Upon vote, motion to grant a Conditional Use Permit for the construction of a
shoreline public park passed unanimously.
Councilmember Powers moved and Councilmember Rider seconded a motion to
approve a Shoreline Substantial Development Permit and Variance from the setback
standards for the construction of a shoreline public park. Motion carried
unanimously.
At 8:05p.m. Mayor Abel called for a 5-minute recess with meeting reconvening at 8:10p.m.
Paul Berg -Rezone Application -R-1148. Located at Potterv Avenue and South
Kitsap Boulevard.
City Planner Wenman presented the staff report regarding a request to rezone property located
along the northwest corner of the intersection of Pottery Avenue and South Kitsap Boulevard from
Residential (R4.5) to Commercial -Retail and Office, to allow for the construction of a 4400 sf
professional office/clinic.
City Planner Wen man commented the applicant has been working with adjacent property owners
to convert their properties from residential to commercial.
May 24, 2004
Page 5 of 8
City Planner Wenman reported the Planning Commission approved this rezone with Resolution
No. 005-04. The Planning Commission had some discussion on the access off South Kitsap
Boulevard. The applicant will provide proper easements for the utilities.
At this time Mayor Abel opened the Public Hearing and asked for audience comments.
City Attorney Jacoby advised the City Council of the Quasi-Judicial Hearing rules and asked if the
Council had any ex parte contact with any individuals regarding this issue prior to this hearing and
if the Council had any reason why they could not render an impartial decision on this matter. No
comments were received from the Council. The City Attorney asked the audience if they see any
reason why the Council cannot render an impartial decision. No comments were received from
the audience.
Councilmember Diienno asked for clarification as to how the building was situated on the site.
City Planner Wenman advised the parking for the structure is to the rear of the site relative to
Pottery Avenue, and the main entrance to the building is from the parking lot area.
Johan Oye, P.E, project engineer, advised the entrance to the site is on South Kitsap Boulevard,
with the backside facing Pottery Avenue and the residential neighborhood. Mr. Oye stated it
would be appropriate to dress up the backside of the building as well.
At this time, Mayor Abel called for further audience comments. As no further comments were
received, Mayor Abel closed the public input portion of the Public Hearing and referred this
matter to Council for their consideration.
Councilmember Powers moved and Councilmember Geiger seconded a motion to
adopt Planning Commission Resolution No. 005-04, as their own with Findings and
Conclusions and approve the application to rezone property from Residential R4.5 to
Commercial -Retail and Office as identified in File Number R-1148 for property
located along the northwest corner of the intersection of Pottery Avenue and South
Kitsap Boulevard, as submitted by Paul Berg.
Councilmember Dilenno moved to amend the motion to add a condition that the east
side of the building have an entrance to match the front side of the building,
seconded by Councilmember Clauson. The motion carried.
Council approved unanimously the amended motion to adopt Planning Commission
Resolution No. 005-04, as their own with Findings and Conclusions and approve the
application to rezone property from Residential R4.5 to Commercial -Retail and
Office as identified in File Number R-1148 for property located along the northwest
corner of the intersection of Pottery Avenue and South Kitsap Boulevard, as
submitted by Paul Berg, with an added condition that the east side of the building
have an entrance to match the front side of the building.
CONSENT AGENDA
May 24, 2004
Page 6 of 8
Councilmember Dilenno moved and Councilmember Rider seconded a motion to
approve the Consent Agenda as modified:
A. Minutes of the May 10, 2004 City Council Meeting
B. Minutes of the May 10, 2004 Continued City Council Meeting
C. Approval of Claim Warrants Nos. 41289-41377 in the Amount of
$849,127.17
D. Approval of Firework Stands
E. Approval of Ordinance No. 1938 Concerning Surplus Police Vehicles
G. Authorization for Mayor to Sign Interlocal Cooperative Agreement ICA-
2204-661 Between AOC and the Municipal Court Computer Equipment
Reimbursement
H. Accept Proposal From 3 Kings Environmental to Remove the Structures at
4940 Bethel Avenue
J. Authorization to Retain Consultant to Assist in the Contaminated Soil
Cleanup at the Wastewater Treatment Facility
Motion carried unanimously.
BUSINESS ITEM
Consideration of Gilbert and Kathy Michael Street Vacation Petition
Councilmember Dilenno moved and Councilmember Wyatt seconded a motion to
rescind the motion as presented on May 10, 2004 to approve the petition to vacate a
portion of Seattle Avenue as submitted by Gilbert and Kathy Michael, with a condition
a public right-of-way be determined between the applicant and the City Engineer and
brought back to the Council for final determination on the right-of-way with the
compensation of $4,000 be distributed with a 50/50 split between the Street Fund
and the Designated Unreserved Fund Balance for Parks. Motion passed unanimously.
Councilmember Powers noted for the record that she had listened to the tapes of the May 10,
2004 City Council meeting.
City Attorney Jacoby advised an attorney representing several of the individuals who spoke
against the petition has provided written materials illustrating that the Seattle Avenue right of way
does in fact abut the water. According to RON 3S.79.035 there is a special process if any portion
of the street or alley abuts a body of fresh or salt water. The statutory process includes a public
hearing with special notice requirements and a study to determine whether the area to be
vacated is suitable for use by the City for a Port, boat moorage, launching site, beach or water
access, park, public view, recreation, or education.
Council member Rider suggested each of the Council member visit the site to become more familiar
with this proposed Street Vacation request before a final decision is made.
May 24, 2004
Page 7 of 8
Councilmember Diienno moved and Councilmember Rider seconded a motion to set
June 28, 2004 as the date for a Public Hearing to review the Petition to vacate a
portion of Seattle Avenue as submitted by Gilbert and Kathy Michael. Motion passed
unanimously.
Indigo Point SUBDIV 03-01/R-114S-Request for Significant Tree Removal
City Planner Rob Wenman identified on a map the seven significant trees in questions that are
either damaged or diseased or pose no impact to the Indigo Point Subdivision.
Mark Kuhlman P. E., Team 4 Engineering, representing the applicant, reviewed the tree evaluation
as submitted by Thomas M. Brobst, a Certified Arborist.
Mr. Kuhlman discussed each tree as illustrated on Attachment "A" in detail.
~ Tree No. 1 is found to be healthy; however, if the City requires frontage street
improvements to Goldenrod Street, the improvements will encroach upon the critical root
zone of the tree. .
~ Tree No. 2 is found to have co dominant tops that fork at 12' to 15' above the ground line.
The defect predisposes the tree to failure, especially when surrounding trees are removed.
~ Tree No. 3 is found to be a healthy tree and will cause no affect to the development.
~ Tree No. 4 is a big leaf maple in poor health and should be removed.
~ Tree No. 5 is a big leaf maple in poor health and should be removed.
~ Trees No. 6 and 7 are healthy trees and the site plan has been modified to save them.
Council discussed in detail Tree No. 1, which is healthy, however is located in the right of way of
Goldenrod Street. Mr. Khulman advised the applicant would prefer to relocate the utility services
underground, which would require the removal of Tree No. 1 because of the critical root zone
being located in the Puget Sound Energy easement.
Councilmember Wyatt moved and Councilmember Diienno seconded a motion to
adopt the findings of the Arbor Management Services Report dated March 21, 2003,
and grant removal of significant trees Nos. 1, 2, 4 and S, and retain the healthy
significant trees Nos. 3, 6, and 7.
Councilmember Powers moved to amend the motion to add an additional condition
requiring underground utilities. Motion passed unanimously.
Council approved unanimously the motion as amended to adopt the findings of the
Arbor Management Services Report dated March 21, 2003, and grant removal of
significant trees Nos. 1, 2, 4 and S, and retain the healthy significant trees Nos. 3, 6
and 7 with the requirement that underground utilities are a condition of approval.
Temporary Use Permits for County Parking Lots
May 24, 2004
Page 8 of 8
Councilmember Rider moved and Councilmember Powers seconded a motion to grant
Temporary Use Permits for Kitsap County properties located at 608 Sidney Avenue
and 614 and 620 Taylor Street, subject to conditions. Motion passed unanimously.
Proposed Ordinance No. 1940 Regarding Planning Director
Mayor Abel presented the draft proposed Ordinance and made the following modifications to the
second sentence in section 2.19.010 as follows:
It shall be responsible for #Je adffliRistratieA ef all ht!illfiR§ eecles.-ami e#Jer
codes and regulations relating to land use and land development ami ht!ikfiR§
eeFJ5tri:KtieR; planning for city growth including preparation and administration
of all comprehensive plans, zoning ordinances, sign codes and other related land
use regulations; and such other functions as may be assigned by the Mayor in
order to effectively and efficiently assure sound planning within the community.
At 9:30 p.m. Councilmember Geiger moved and Councilmember Powers seconded a
motion to continue the meeting. Motion failed with 3 affirmative votes and 4
dissenting votes. Councilmembers Clauson, Geiger and Powers cast the three
affirmatives votes. Councilmembers Wyatt, Dilenno, Rider and Cramer cast the 4
dissenting votes.
Mayor Abel advised proposed Ordinance No. 1940 and the remaining Business Items will be
carried over to the June 14, 2004 City Council meeting.
At 9:30 p.m. Mayor Abel adjourned the meeting.
(. --f1_wiuCI!( nt£,'Ll,:::),
Michelle Merlino, Deputy City Clerk KIM E. ABEL, MAYOR