07/12/2004 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
Robert Geiger
Rita Diienno -excused
Carolyn Powers -excused
Ron Rider
City of Port Orchard
Council Meeting Minutes
Regular Meeting of July 12, 2004
Rick Wyatt, Mayor Protem
ALSO PRESENT: Public Works Director/City Engineer Curies, City Planner Wenman,
Deputy City Clerk Merlino, Police Chief Townsend, and City Attorney Jacoby.
6:30 P.M. CALL TO ORDER
Dick Fitzwater led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
Mayor Abel advised a Joint Meeting with the County Commissioners is the first item of
business, however this item will be later in the meeting to allow all the commissioners
to be in attendance. No other changes to the agenda were presented.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
No comments were received from the audience at this time.
PUBLIC HEARING
Rezone Request -West Side of the Intersection of South Flower Street and
Fireweed Street-Leora Park Subdivision( Continued from Meeting of June 14,
2004 and June 28, 2004)
City Planner Wenman presented a brief staff report discussing the Significant Tree
Retention Plan as requested by the City Council on June 14, 2004. The applicant
submitted the "Leora Park Significant Tree Plan", which identified three significant
trees. One tree will be retained and two other trees will be removed and replaced at a
3:1 ratio. City Planner Wenman advised the Planning Commission recommended
approval of the rezone request and Leora Park Plat Amendment as outlined within
Planning Commission Resolution No. 009-04.
Mayor Abel opened the Public Hearing at 6:40 p.m., with City Attorney Jacoby reminding
Council of the quasi-judicial nature of the Public Hearing.
Minutes of July 12, 2004
Page 2 of 5
Mark Kuhlman, Team 4 Engineering, representing applicant, availed himself to
answer questions from the Council.
Jerry Arnett, 288 Goldenrod, expressed a concern with this application and asked the
Council to stay the vote until the neighborhood has a chance to circulate a petition,
which would outline their opposition to this proposed rezone and plat amendment.
Patrick Lucas, 232 Goldenrod, also spoke in opposition to this proposed rezone and
plat amendment, specifically due to roadways being too narrow and .lack of pedestrian
sidewalks.
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 Clauson moved and Councilmember Wyatt seconded a motion
to adopt Planning Commission Resolution No. 009-04, as their own with
Findings and Conclusions and approves the application to rezone Leora Park
property from R4.5 to RS, as identified in File Number R-1149; subject to the
Conditions of Approval. Motion passed unanimously.
Councilmember Clauson moved and Councilmember Wyatt seconded a motion
to adopt Planning Commission Resolution No. 009-04, as their own with
Findings and Conclusions and approve the S-lot plat amendment known as
Leora Park, as identified in File No. PA 01-04; subject to the Conditions of
Approval. Motion passed unanimously.
JOINT CITY COUNCIL/KITSAP COUNTY COMMISSIONERS MEETING
County Commissioners Jan Angel, Chris Endresen and Patty Lent were present for
the Update on the Joint Sub-Area Planning Process
Cindy Baker, Kitsap County Interim Director for Department of Community Development,
presented the signed Interlocal Agreement Between Kitsap County and the City of Port Orchard
Regarding Cost Sharing for the Joint Sub-Area Planning Process for Development of the South
Kitsap/Port Orchard Urban Growth Area.
Ms. Baker commented the initial phase I of the contract will last from July 12, 2004 to
December 31, 2004. Ms. Baker commented a preplanning meeting is set for July 28, 2004 for
the City Council and Commissioners from 6:30 pm to 9:00 pm (location to be announced). The
meeting will allow the team players to get acquainted and also solidify the upcoming schedule,
establish general communication and project management protocols. Ms. Baker advised the
focus of this years contract is to gather information with the team. The final document will
report on the population growth, and document existing conditions. The draft Environmental
Impact Statement (EIS) sub-area plan, SEPA/GMA Integrated document will be provided later in
the year.
Minutes of July 12, 2004
Page 3 of 5
Site Place Modification Within the South Kitsap Health Care Campus Relating
to the Community Health Clinic-CANCELED
Mayor Abel advised this Public Hearing has been canceled and will be rescheduled at a
later date.
CONSENT AGENDA
Council member Clauson moved and Council member Cramer seconded a motion
approving the Consent Agenda as presented:
A. Approval of Claim Warrants #41568-41644 in the amount of $134,309.78
and June Payroll, warrant #138290-138355 and Direct Deposit amount
$313,820.58
B. Authorize the Mayor to Sign Employment Contract with Chief of Police
C. Approval of Ordinance No. 1948 Relating to Corrections to the Nuisance
Ordinance
BUSINESS ITEMS
Passage of Resolution No. 2078 Adopting the Six-Year Transportation
Improvement Program
City Engineer Curies presented the 6-Year Transportation Program for the years 2005-
2010. City Engineer Curies advised this is a budgeting tool that is required by the State
and can be amended anytime during the year. This 6-year plan is devoted mostly to
residential paving projects, with the exception the City has been awarded grant funding
for the Tremont Street Widening Project and Cedar Heights Junior High School sidewalk
project. City Engineer Curies advised passing this document does have a time sensitive
issue, due to the grant funding.
Councilmember Cramer moved and Councilmember Rider seconded a motion
to continue this discussion to the July 26, 2004 City Council meeting to allow
for further review. Motion carried with 3 affirmative votes and two
dissenting votes. Councilmembers Geiger and Wyatt cast the two dissenting
votes.
Approval to Relinquish Andersonwood Screening Easements Project
City Engineer Curies reported the property owners have asked that the screening
easement at the Andersonwood Subdivision located at the southeast corner of Fireweed
and Sidney Avenue, specifically Lots 1, 2 and 3 be relinquished. City Engineer advised
this easement will not affect the drainage in the area or cause any hardship on the City
or neighboring property owners.
Minutes of July 12, 2004
Page 4 of 5
Councilmember Geiger moved and Councilmember Wyatt seconded a motion
to approve the relinquishment of the screening easements along the west
boundary of Lots 1, 2, and 3 of Andersonwood Subdivision. Motion passed
with four affirmative votes and one dissenting vote. Councilmember Cramer
cast the one dissenting vote.
Request to Live in an RV at 2184 Sidney Avenue on a Temporary Basis
City Engineer Curies advised the City received a request from Lynnett Surprenant
requesting that her parents be allowed to live in their RV on her property from July 1,
2004 to February 1, 2005. Ms. Surprenant reported she will need assistance for her and
her children, due to her current health needs. City Engineer Curies advised Municipal
Code 17.04.100 limits the use of a recreational vehicle on private property to 72 hours
unless the City Council approves a temporary use permit.
Councilmember Cramer moved and Councilmember Wyatt seconded a motion
to issue a temporary use permit to allow a recreational vehicle to be occupied
at 2184 Sidney Avenue with the following conditions:
1. The permit will expire on February 1, 2005, unless the City staff voids
and nullifies the permit due to violation of one or more of the following
conditions.
2. The recreational vehicle will be used only by the parent or parents of
Ms. lynnett Suprenant.
3. The recreational vehicle will not be parked on the property or used for
human occupancy on the property within 48 hours of Ms. Suprenant's
relocation to another property.
4. The recreational vehicle will not connect to the on-site sanitary sewer
system, without permission from the Kitsap County Health District.
Motion passed unanimously.
COUNCIL/MAYOR & STAFF REPORT
Mayor Report
Mayor Abel advised the Interlocal Agreement between Kitsap County and Kitsap Cities
regarding the HOME Investment and Community Development Block Grant Funds needs
to be reviewed and approved by the City Council by August 6, 2004. The Council
placed this matter into the Finance Committee for their review and recommendation.
Councilmember Cramer moved and Councilmember Rider seconded a motion
to excuse Councilmember Diienno from this Council meeting.
EXECUTIVE SESSION
Minutes of July 12, 2004
Page 5 of 5
At 7:26 p.m., Council moved into executive session to discuss personnel matters and
labor negotiations, and reconvened into regular session at 7:56 p.m.
Councilmember Clauson moved and Councilmember Wyatt seconded a motion
to reconsider the motion to continue the discussion of adopting the Six-year
Transportation Improvement Program to July 26, 2004. Motion passed with
four affirmative votes and two dissenting votes. Councilmembers Cramer and
Rider case the two dissenting votes.
The Council discussed the need to move the Six-Year project forward due to the
possibility of losing the $700,000 grant funding that has been awarded to the City.
Councilmember Clauson moved and Councilmember Wyatt seconded a motion
to approve Resolution No. 2078 adopting the Six-Year Transportation Project
for the years 2005-2010. Motion passed with four affirmative votes and 1
dissenting vote. Councilmember Cramer cast the one dissenting vote.
ADJOURNMENT
At 8:07 p.m. Mayor Abel adjourned the meeting.
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Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor