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09/13/2004 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of September 13, 2004 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger Rita Diienno Carolyn Powers Ron Rider Rick Wyatt, Mayor Protem ALSO PRESENT: Interim Public Works Director/City Engineer Lobdell; Associate Planner Casey, Court Administrator Hunt, Treasurer Tompkins, City Clerk Etgen, Police Chief Townsend, and Assistant City Attorney Jacoby. 6:30P.M. CALL TO ORDER Pat Drew led the audience and Council in the Pledge of Allegiance. PRESENTATIONS A. Cultural Fest 2004 The scheduled presenter was not present; Mayor Abel reported briefly about the activity. B. 2004 Six-Month Budget Report Treasurer Tompkins presented a detailed revenue and expenditure report for the first half of 2004. APPROVAL OF AGENDA Items ?C, Approval of Ordinance No. 1950 Relating to the Possession or Maintenance of Exotic Animals, was moved to Business. "Discussion of PORT Committee Consultant Question to Council" was added to Business. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA None. Minutes of September 13, 2004 Page 2 of 9 PUBLIC HEARINGS A. Clarification to the Land Use Tables Relative to the Zoning Ordinance Regarding Office/Patient Clinics in the Community Facilities Zone Associate Planner Casey advised Council that this public hearing was being held to consider the request for modification of the land use tables within the zoning code to allow office/patient clinics as a permitted use within the Community Facilities zone, only if contiguous to or part of an existing hospital, medical center, or health care center or campus. She reported the Planning Commission found that this proposal was consistent with the Comprehensive Land Use Plan (Camp Plan) and compatible with other uses when contiguous, and recommended Council approval. Mayor Abel opened the public hearing. Tim Arnold, representing the Board of Directors of Harrison Memorial Hospital, stated the original master plan allowed for office/patient clinics in the Community Facilities zone, and that they would like the Community Facilities zoning requirements to be modified in order to allow for growth with a health care focus in the area. Associate Planner Casey reported that this matter had originally been brought to the Growth Management Committee, who recommended it first be routed to the Planning Commission. She stated there was a draft ordinance prepared, but that it needed work to be ready for Council consideration. Council Member Rider stated he did not recall being asked to sponsor the ordinance, but that he would have no problem doing so. Council Members Clauson and Wyatt expressed concern over this matter being directed to the Planning Commission by a committee and not full Council. Council Member Dilenno stated it was her recollection that this matter had come before Council previously on an agenda, and that the City Attorney had pulled it because it had not gone through the appropriate process. Mayor Abel closed the public hearing for further public input. Council Member Clauson again expressed concern about a zoning ordinance change being directed to the Planning Commission by less than full Council action. Council Member Dilenno stated she had seen numerous items come from applicants through the Planning Commission when she was a Planning Commission member that had not come through Council. Mayor Abel stated she would review the process to make sure issues, as appropriate, are directed through Council. Council Member Powers moved and Council Member Dilenno seconded a motion to adopt Planning Commission Resolution No. 10-4 which recommends the approval of a zoning code amendment to allow office/patient clinics within the Community Facilities zone; only if contiguous Minutes of September 13, 2004 Page 3 of 9 to or part of an existing hospital, medical center, or health care center or campus; and further that the amendment is Citywide and affects properties zoned as Community Facilities. City Attorney Jacoby noted there was a clerical error in the Planning Commission Resolution No. 10-4 in the body that did not replicate wording from the title. Council agreed that it was their intent that they were adopting the resolution with the wording as laid out in the title, and stated in the motion. Upon vote, motion carried. Council Member Powers moved and Council Member Dilenno seconded a motion to approve Ordinance No. 1952 amending Port Orchard Zoning Ordinance No. 1748 to permit Office/Patient Clinics as an allowed use in the Community Facilities Zone of the City of Port Orchard. Motion carried. B. Site Plan Modification within South Kitsap Healthcare Campus Associate Planner Casey reported that an application had been received to modify the existing Master Site Plan for the South Kitsap Health Care campus as approved under Ordinance 1572 in March of 1993. The proposed modification is for the construction of a Health Care Clinic on the Harrison Health Care Campus along South Kitsap Boulevard. She advised staff had reviewed the modification and came up with 17 conditions to be met, which she believes the applicant is willing to do. Mayor Abel opened the public hearing. Assistant City Attorney Jacoby advised Council that this was a quasi-judicial hearing. No members of Council or the public indicated any Council Member was not able to make a fair and impartial decision regarding this matter. Barbara Malich, the Chief Executive Officer of Kitsap Community Health Services stated they plan to build a permanent clinic in the Port Orchard area in conjunction with the South Kitsap Healthcare Campus. She stated they had long been preparing the plan and design, and have been operating the Cedar Heights Professional Building since 1999. Ms. Malich stated they are making a permanent commitment to the City with this project and the investment in the site. She reported they provide access to primary care services for low income and uninsured individuals, and that this at-risk population has been growing over the last few years to the point where an expansion of the clinic is necessary. Ms. Malich provided a brochure to Council describing the clinic's services. She noted that they have made additions to five clinics, opening one this summer in conjunction with Kitsap County Health Department on Bainbridge Island. Minutes of September 13, 2004 Page 4 of 9 Steven Johnson, the principal architect for the project stated the proposed building is located on Kitsap Street, with staff parking behind the building and public parking to the side of the building, where it is visible from the street. They chose, he stated, to build towards the front of the property to be in compliance with the land use code, setbacks, and landscaping requirements. The plan does not conform with the master plan for the South Kitsap Healthcare Campus, but that Harrison has agreed with the design character and agreed to their request to modify the plan. He specified that the South Kitsap plan requirements were for 70% surface coverage, Port Orchard requires 95%, and their plan calls for 92%. He further noted that South Kitsap's plan calls for 25% landscaping, Port Orchard's calls for 5%, and their plan has 18%. The street setback, Mr. Johnson reported, is at 15 feet, consistent with Port Orchard's requirements, whereas the South Kitsap plan calls for 30 feet. Their lot interior setbacks meet Port Orchard's standards of 5 feet, whereas the South Kitsap requirements are 10 feet. Mr. Johnson stated an occupation permit would not be issued to any tenants unless the appropriate parking is created. Tim Arnold, representing the Board of Directors of Harrison Memorial Hospital, advised Council that according to the written agreement between Harrison and the clinic, the only way parking provisions can change is if additional property adjacent or convenient to the clinic is available. He stated they do have future plans to have stacked-level parking if approved in that area. He stated there are some options within the lease that provide for additional parking. Mr. Arnold reported that the lease is paid up front based on the value of improvements the clinic has to make on the property, which are substantial. He stated it is a long- term commitment, with hundreds of thousands of dollars to develop parking and infrastructure needs. The parking improvement alone will pay for the cost of the construction. Norm Olson, Project Engineer, stated the design for stormwater and grading of the roadway is in compliance with City Code. Ms. Malich stated they have reviewed all 17 conditions and will be in conformance with all of them within the process of developing the property. Gil Michael, resident, questioned the approval of the site plan with the elevation grade at 50% and only 15 feet of setback for what appears to be a 2-112-story building. Mr. Michael questioned keeping with the character of the area if there is only a 15-foot setback. Council Member Dilenno expressed concern about changing elements that had been approved in the campus guideline design in the past. Associate Planner Casey stated she could not locate the guidelines Council had adopted in the zoning ordinance; Minutes of September 13, 2004 Page 5 of 9 Council had adopted 24 conditions, but no guidelines were specifically sited as having to be followed. Mr. Arnold stated the proposal meets all of Port Orchard's conditions, and that Harrison has approved the modifications they are requesting to the Health Care Campus's Master Plan. Council Member Dilenno questioned why the 2-lfz-story building was being built only 15 feet from the sidewalk. Mr. Arnold responded that the building is actually built against the hill and pushed as far into the bank as possible. He stated most of the view of the building is blocked due to the steepness of the hillside. Mayor Abel closed the public hearing. Council Member Clauson moved and Council Member Wyatt seconded a motion to approve the site-specific plan for the Peninsula Community Health Services Facilities, modifying the originally approved Master Plan, contingent upon the 17 conditions being met. Council recessed at 7:55 p.m., reconvening at 8:04p.m. Council Member Dilenno stated it appeared according to the conditions of the original Master Site Plan, the landscaping was to meet the requirements of the Tremont Street Corridor Plan. She questioned what those requirements were, and that she would like to know what is being modified before taking action. Council Member Powers stated it was her understanding that the Tremont Street Corridor Plan was simply a guiding document for future projects, and not put into the Code for that reason. Council Member Wyatt stated he agreed with Council Member Powers, that it was his recollection that the Tremont Street Corridor Plan was simply a guiding document, and that it was for property closer to Pottery Street. Council Member Geiger concurred, stating that it had been an architectural suggestion more than a strict plan with setbacks. He stated he supported this modification proposal. Upon vote, motion carried with Council Member Diienno casting a dissenting vote. EXECUTIVE SESSION Not held. Minutes of September 13, 2004 Page 6 of 9 CONSENT AGENDA Councilmember Diienno moved and Councilmember Wyatt seconded a motion approving the Consent Agenda as modified. Motion carried. A. Approval of Claim Warrants #41877-41973 in the amount of $779,497.31 and August 2004 Payroll, warrant #138461-138535 and Direct Deposit amount $340,138.00 B. Authorization for the Mayor to Sign the SR 166 Frederick Street Pavement Lighting System Agreement and Passage of Resolution No. 2088 C. AppFeval ef 0Fdinance Ne. 1950 Relating te tfle PessessieA eF ~qaintenance ef EJ<etic AAiFAals -Moved to Business D. Authorization for Mayor to Sign Agreement with South Kitsap School District for School Resource Officer Employment E. Approval of Police Sergeants' Collective Bargaining Agreement F. Adoption of Resolution No. 2085 Regarding Executive Exempt Employees & No. 2086 Regarding Non-Exempt Employees Benefits BUSINESS ITEMS Approval of Ordinance No. 1950 Relating to the Possession or Maintenance of Exotic Animals Council Member Clauson moved and Council Member Wyatt seconded a motion to pass Ordinance No. 1950 Relating to the Possession or Maintenance of Exotic Animals. Motion carried. Discussion of PORT Committee Consultant Question to Council Council Member Diienno stated the PORT Committee has met eight times and that the subject of the Marquee always comes up in discussions. Council Member Dilen no stated the consultant, EDAW, had requested she ask Council for information on whether they should, in developing their report, consider removal of the Marquee, or whether they should discontinue discussing it. Fred Karakas, business owner, reported he did not feel the Marquee was the problem. Pat Drew, of Bay Street, reported she agreed with Mr. Karakas, and that Mr. and Mrs. Coe had asked her to report to Council that the look and exterior of the building with the Marquee is important to the sale of their business downtown. Gil Michael, resident, recommended the Marquee continue to be discussed. Council Members Geiger and Clauson expressed their desire for EDAW to not address the Marquee. Council Member Rider moved and Council Member Wyatt seconded a motion to authorize the downtown revitalization consultant, EDAW, to allow continuing consideration of the Marquee in their work. Minutes of September 13, 2004 Page 7 of 9 Council Member Wyatt stated he would like the issue to remain open to discussion. Council Member Powers stated the matter had been studied before at length, and that she felt the Marquee was an attraction to shoppers on rainy days as a way to shop and be under cover. She expressed that she did not understand why Council was being asked to make this type of decision. Geri Bruckart stated she would like the Marquee to remain as a way for people to stay out of the rain. Upon vote, Motion passed with Council Members Clauson, Powers and Geiger casting dissenting votes. Authorization for the Mayor to Sign the ATM Agreement Council Member Powers moved and Council member Diienno seconded a motion to authorize the Mayor to sign the application and amendment with Datalink/National Sales. Motion carried. Council Member Powers moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign a letter of understanding with Official Payments Corporation allowing customers to make payments telephonically at no cost to the City. Motion carried. Authorization for the Mayor to Sign the Consolidated Fuel Services, Inc. Customer Service Agreement Council Member Diienno moved and Council Member Powers seconded a motion to authorize the Mayor to sign the customer service agreement with Consolidated Fuel Services, Inc. Motion carried. Confirmation of Planning Director Council Member Cramer moved and Council Member Wyatt seconded a motion to confirm the Mayor's appointment of Joanne Long-Woods to the position of Planning Director for the City of Port Orchard. Motion carried. Award of Bid to Signal Electric, Inc. for Tremont/Sidney Traffic Signal Council Member Powers moved and Council Member Diienno seconded a motion to accept the bid for the Tremont Street and Sidney Avenue Traffic Signal Improvement Project and award the bid to the lowest bidder, Signal Electric, Inc., in the amount of $17,659. Motion carried. Minutes of September 13, 2004 Page 8 of 9 Approval of Ordinance No. 1951 Comprehensive Emergency Management Plan CCEMP) Council Member Dilenno moved and Council Member Rider seconded a motion to pass Ordinance No. 1951 adopting the Comprehensive Emergency Management Plan. Motion carried. Approval of Mayor's Recommendation of Appointment of Lodging Tax Advisorv Committee Members Council Member Clauson moved and Council Member Powers seconded a motion to approve the Mayor's appointments to the Lodging Tax Advisory Board including the Port Orchard Chamber of Commerce, the Kitsap Visitor and Convention Bureau, and the Sidney Museum. Motion carried. Council Member Dilenno moved and Council Member Wyatt seconded a motion to temporarily extend the October 1 deadline to November 1 in Resolution No. 1780 for the Committee to submit a Preferred Allocation List to Council, for 2004 only. Motion carried. Motion to Continue Meeting Beyond Scheduled Adjournment Time: Council Member Wyatt moved and Council Member Rider seconded a motion to extend the adjournment time of the meeting. Motion carried with Council Members Cramer, Geiger and Clauson casting dissenting votes. Discussion of Proposed Ordinance Regarding Bike Helmets Fred Karakas, owner of a bike shop, stated he was against implementing a bike helmet ordinance, unless it was statewide. Marcy Powell, an Emergency Room Nurse and Child Safety Specialist at Mary Bridge Hospital, stated she is the coordinator of the Kitsap Safe Kids Coalition and supports the bike helmet ordinance. Ms. Powell stated helmets are given to those who cannot afford them, and that the ordinance provides an opportunity to educate, more than act as an enforcement tool. She reported the average head injury costs taxpayers $4 million over a lifetime. Council Member Clauson moved and Council Member Powers seconded a motion to authorize the placement of the draft ordinance regarding bicycle safety and helmets onto the Council's next agenda for approval, modifying the ordinance to include skateboards in the first 'whereas' and adding a note in the body of the ordinance that infants under one year of age are excluded from the requirement. Motion carried. Minutes of September 13, 2004 Page 9 of 9 Adoption of Resolution No. 2087 Regarding the Banning of Fireworks in Kitsap County and Cities Council Member Clauson moved and Council Member Wyatt seconded a motion to adopt Resolution No. 2087 approving an advisory ballot issue for the November election regarding banning of fireworks in Kitsap County, removing Section 3 {Severability) and Section 4 {Effective Date) from the Resolution as presented at the meeting. Motion carried with Council Member Rider casting a dissenting vote. Discussion of Kitsap Regional Coordinating Council CKRCC) Decision Items Council Member Diienno moved and Council Member Wyatt seconded a motion to direct the Mayor to vote to have the population allocation split remain as it is in the current Kitsap County Comprehensive Plan when voting at the KRCC meeting on Tuesday of this week. Motion carried with Council Members Geiger and Rider casting dissenting votes. ADJOURNMENT At 9:46p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor