11/08/2004 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of November 8, 2004
PRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
Robert Geiger
Rita Dilenno
carolyn Powers
Ron Rider
Rick Wyatt, Mayor Protem
ALSO PRESENT: City Clerk Etgen, Police Chief Townsend, City Attorney Combs, City
Planner Long-Woods, and Interim Public Works Director Lobdell.
6:30 P.M. CALL TO ORDER
Jack Grable led the audience and Council in the Pledge of Allegiance.
PRESENTATIONS
Jack Grable-Commendation of Police Officers and Fire Fighters for
Assistance with VFW Event
Jack Grable, VFW member, commended Officer Hannem from the Fire Department and
Officers Jon Meador and Jerry Martin of the Police Department for the assistance they
provided at the VFW's 9-11 event.
Kitsap County Prosecutor Russ Hauge Reaardinq Law Enforcement Sales Tax
Initiative
Kitsap County Prosecutor Russ Hauge reported on the efforts of the Prosecuting
Attorneys Association in working with the Legislature to put an initiative on the County's
next ballot for the imposition of a .15 percent sales tax for a five-year period to
enhance law enforcement's ability to fight property crime, enforce traffic laws and
regulations, institute school safety programs and implement special law and justice
projects. An Interlocal agreement between the County, as the taxing authority, and
cities would allow for the disbursement of funds to the various jurisdictions.
The City of Port Orchard would receive a Community Service Officer, a School Resource
Officer, a Problem Resolution Officer, and a part-time Records/Service Desk Clerk.
Funding for these positions would total $1,545,845. Motor vehicles would be exempt
from this tax.
Minutes of November 8, 2uv-t
Page 2 of 6
APPROVAL OF AGENDA
Council Member Wyatt moved and Council Member Clauson seconded a
motion to table Business Item F, "Recommendation bv LodQing Tax Advisory
Committee for Distribution of 2004/2005 Hotel-Motel Tax Funds" to the next
regular Council Meeting. Motion carried with Council Members Diienno,
Cramer and Rider casting dissenting votes.
Mayor Abel advised that Consent Agenda Item E, "Adoption of Resolution No. 2097
Establishing a Uniform Policy Regarding References Checks for the Citv's Current and
Former Employees" would be pulled from this agenda an placed on a future agenda for
Council consideration.
An Executive Session to discuss potential litigation [RCW 42.30.110 (1)(i)(A) and (B)]
and an Executive Session to discuss labor negotiations were added to the agenda.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Pat Lucas, citizen, asked:
> If Council Members were in support of small lot sizes of 20 by 80 feet; Mayor Abel
explained that this matter had not been brought before Council for consideration
yet and is a matter being discussed by the Planning Commission;
> What plans Council had for providing water services for new development over the
next 20 years; Mayor Abel noted this issue will come before Council in the form of a
comprehensive water plan next year; and
> Requested information on plans to update sidewalks and roads to standard for
public safety enhancement.
Michael Preston, citizen, stated the State had instituted water restrictions in 1997, and
that Water Districts have proposed water conservation each year to their customers.
Jerry Arnett, citizen, stated he was against mandatory water restrictions, but that he
would support higher charges for greater water use by individuals.
PUBLIC HEARING
View Exemption Request-Caseco Lane
Planning Director Long-Woods reported on an application to build a residence higher
than the 15 feet allowed by the View Protection Ordinance. She noted there were
several approaches the applicant could have taken, including applying for an
exemption, variance, or conditional use permit.
Minutes of November 8, 2uu-f
Page 3 of 6
Applicant Larry Jaffy reported the residence will not disrupt anyone's view and that they
had employed a designer to assist with meeting requirements of the view ordinance.
The house is on a small footprint, he stated, and many trees were saved in the design.
There are no current houses around this home, or across the street. The house in front
of this home is their own. The variance they are requesting in the exemption is two
feet and two inches above the 15-foot restriction. The property behind the residence is
a steep thickly wooded property.
Dan Case, Caseco Lane resident, reported his property was directly behind the
applicant's, and that it would be impossible to build a home that would block anyone's
view on the piece of property under consideration.
Mayor Abel closed the public hearing to public testimony.
In response to a question by Council Member Dilenno, Ms. Long-Woods reported that
any changes to the home's structure in the future would have to come back to the City
for approval, and that the exemption could not be transferred.
Council Member Cramer moved and Council Member Wyatt seconded a
motion to approve Application VPE 001-004 exempting the subject property
located at 210 Caseco Lane, Parcel No. 262401-3-054-2006 from the
requirements of the View Protection Ordinance, and that staff is to prepare
an ordinance with findings for Council approval. Motion carried.
EXECUTIVE SESSION
Council went into executive session at 7:24 p.m. to discuss pending litigation and
reconvened into regular session at 7:46 p.m.
CONSENT AGENDA
Councilmember Geiger moved and Councilmember Cramer seconded a motion
approving the Consent Agenda as modified. Motion carried.
A. P4iAtJtes ef tRe Oeteeer 25, 299 q Cit'!' Cet!Aeil NeetiAg Pulled from Agenda
B. Approval of Claim Warrants #42208-42305 in the amount of $287,961.24 and
October 2004 Payroll, warrant #138605-138666 and Direct Deposit amount
$305,949.35
C. Passage of Ordinance No. 1956 Regarding Property Taxes
D. Adoption of Resolution No. 2091 Accepting the Bay Street/Frederick Avenue
Pedestrian Crossing Contract
E. AeleJ9tieR ef ReselutieA Ne. 2997 EstaelisRiAg a UAifeFFR Peliey RegaF€1iAg
RefereAees Ct'!eele; feF tRe City's Ct!FFeAt aR€1 FeFFReF EFRJ9Ie·;ees -To Business
F. Adoption of Resolution No. 2098 Accepting the Port Orchard Boulevard Sewer
Project
Minutes of November 8, 2lrv4
Page 4 of 6
G. Authorize Mayor to Sign Special Project Funding Request by City Attorney
relative to the David Kaeka Litigation
BUSINESS ITEMS
Consideration of Cara Land Company, LLC. Intent to Petition for Annexation
For full disclosure purposes, City Attorney Combs advised Council that his law firm had
represented the cara Land Company, LLC in the past.
City Attorney Combs reported the Cara Land Company, LLC was asking for Council
approval to circulate a petition to annex into the City. Because the company owns 100
percent of the property being considered for annexation, they could sign the petition
immediately after Council approves the request, which would be forwarded to the
Boundary Review Board as the next step in the process.
Richard Flaherty, petitioner, stated their business needs an additional 35,000 feet,
requiring the annexation of a 20-acre parcel next to the current property. When the
property was originally purchased it was in the County and meets the City on two sides.
He stated it would be easier to bring this parcel into the City rather than attempt to
have the building partially in the City and partially in the County.
Council Member Clauson moved and Council Member Wyatt seconded a
motion that Council accept the proposed annexation and require the
simultaneous adoption of comprehensive plan and zoning designations, and
the assumption of City indebtedness by the area to be annexed. Motion
carried.
Discussion of McCormick Land Company Water Agreement/Transfer to New
Golf Course Owner
City Attorney Combs reported that there were numerous policy issues to be decided by
Council before the negotiation team can move forward on this issue. A request has
been made to enter into a permanent agreement, and other issues to consider include
that of processing used water from the treatment plant and user rates to be charged for
intertie with the City of Bremerton.
Doug Strobut of McCormick Land Company reported they are working with consultants
and the Department of Ecology to acquire additional water rights.
Council Member Diienno moved and Council Member Powers seconded a
motion to continue the discussion to the Council meeting of November 22nd
in order for Council to receive and review the contract. Motion carried.
Minutes of November 8, 2uu4
Page 5 of 6
Discussion Regarding the Creation of an Impartial List of Appraisers for
Street Vacations
Council Member Dilenno expressed her desire to consider using an impartial list of
appraisers for citizens to use when obtaining property assessments for street vacation
applications. Council Member Clauson expressed a concern about limiting a citizen's
choice of appraisers to those on a list.
Conversion of Design Guidelines to Design Standards for the Tremont and
Bethel Corridor Plan and Zoning Ordinance
Council Member Clauson moved and Council Member Powers seconded a
motion for the Growth Management Committee to review Design Standards
for Tremont Street and the Bethel Corridor. Motion carried.
Accept Public Notification by Kitsap Consolidated Housing Authoritv of Intent
to Accept Public Comment and Authorize Mayor to Sign Grant Prooosal for
Cleanup of Mitchell Ave Site
Julies Graves, Kitsap Consolidated Housing Authority, reported on the requirements for
a grant they are requesting the City apply for in order to clean up a second parcel for
the Mitchell Senior Housing Development.
Council Member Powers moved and Council Member Diienno seconded a
motion to accept notification by the Kitsap County Consolidated Housing
Authority of their intent to accept public comment on a pending application
for an EPA grant that could secure up to $200,000 for cleaning up petroleum
and hazardous waste contamination on land located at 920 Mitchell Avenue
in Port Orchard, Kitsap County, and authorize the Mayor to sign the grant
application. Motion carried.
COUNCIL/MAYOR & STAFF REPORT
Council Member Dilenno reported that the Lodging Tax Advisory Committee was
recommending a total expenditure of $90,000 in hotel/motel funding. Council Member
Wyatt stated he would like to review the original applications before Council
consideration of the Committee's recommendations.
Council Member Rider moved and Council Member Powers seconded a
motion to excuse Council Member Wyatt from the Council meeting of
December 27, 2004. Motion carried.
Council Member Clauson reported the Finance Committee has been meeting to discuss
the budget and will be meeting with Department Heads.
Minutes of November 8, 2uu4
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Planning Director Long-Woods reported Jill Sterrett's presentation to the Council and
Kitsap County Commissioners regarding the sub-area plan was being postponed to the
December 13, 2004 Council meeting.
City Clerk Etgen reported that performance evaluations had been distributed to
Department Heads for processing.
The following committee meetings were set either during or immediately after the
Council meeting:
Finance, Insurance & Negotiations-November 17, 2004, 6:30 p.m. -City Hall
Streets, Alleys & Storm Water Committee-November 12th 7:30 a.m. -City Hall
Growth Management Committee-November 10, 2004, 7:30 a.m. -Myhre's
Public Safety-5:30 p.m. November 22"d -City Hall (Council Member Rider will attend
in Council Member Powers' place)
Chimes & Lights-November 9, 2004, 6:30 p.m. -City Hall
EXECUTIVE SESSION
Council went into executive session at 9:04 p.m. to discuss labor negotiations and
reconvened into regular session at 9:10 p.m.
ADJOURNMENT
At 9:10p.m. Mayor Abel adjourned the meeting.
Kim E. Abel, Mayor