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12/27/2004 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of December 27, 2004 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson, excused Todd Cramer, excused Robert Geiger Rita Dilenno Carolyn Powers Ron Rider Rick Wyatt, Mayor Protem, excused ALSO PRESENT: Interim Public Works Director Alan Lobdell, Planning Director Joanne Long-Woods, City Clerk Carol Etgen, and Assistant City Attorney Greg Jacoby. 6:30p.m. CALL TO ORDER Norm Olson led the audience and Council in the Pledge of Allegiance. PRESENTATIONS Library Board Annual Presentation Linda Thompson, Port Orchard Library, presented an annual report to the City. She reported on a software change on their web site and thanked the Council for their assistance during the year. She reported circulation figures were up 4.4 percent in 2004, with 26.72 percent growth over the last four years. Council thanked Linda for the leadership she displayed with her work at the library. APPROVAL OF AGENDA Council Member Powers requested Agenda Item 6-C (Minutes of December 13, 2004) be moved to Business. Council Member Dilenno requested Agenda Item 6-E (Authorization for Mayor to Sign Contract with State of Washington for Right-of-Way Acquisition for Sea Wall) and Item 6-A (Minutes of November 22, 2004) be moved to Business. Mayor Abel requested an Executive Session regarding personnel matters be added to the agenda, and that an item, Approve Extension of Service Contract for Code Review Services, be added to Business. Council Member Dilenno moved and Council Member Rider seconded a motion to take the Lodging Tax Advisory Committee Recommendation item Minutes of December 27, 2004 Page 2 of 8 from the table and add it to Business. unanimously. Upon vote/ motion carried Council Member Diienno moved and Council Member Powers seconded a motion to take the Acceptance of the Downtown Port Orchard Revitalization Plan off the table and add it to Business. Upon vote/ motion carried unanimously. AUDIENCE COMMENTS Bill Parkinson, co-owner of the Moon Dog Bar and Grill, requested Council consider a request to discuss water and sewer connection fees for his business at a future meeting. He advised Council he had added a shower for a tenant and therefore is being charged higher connection fees. He stated he believes that one person using a shower would not use as much water as the bathroom alone would have used if it continued to be used by customers. The Mayor advised Council the fees are being held while his request is being researched. Bev Cheney, South Kitsap School District Superintendent, provided more written material for Council in consideration of endorsing the February School Levy issue. Council Member Powers moved and Council Member Diienno seconded a motion to take the Proposed School District Levy issue off the table and add it to Business. Upon vote/ motion carried unanimously. Patrick Lucas, citizen, was advised that the Finance Committee would be meeting in the future to continue cable television negotiations and that the televising of Council meetings was being discussed in the process. Mr. Lucas was advised a quorum for Council is four members. Council Member Rider moved and Council Member Geiger seconded a motion to excuse Council Member Clauson from the meeting. Upon vote/ motion carried unanimously. PUBLIC HEARINGS Cara Comprehensive Plan/Zoning Designation Planning Director Joanne Long-Woods reported the Cara Land Corporation had petitioned Council for annexation six weeks ago. The petition has been submitted to the Boundary Review Board for approval, but in order to proceed with the annexation, Minutes of December 27, 2004 Page 3 of 8 a Comprehensive Plan amendment and zoning designation needs to be made for the 15 and 5-acre parcels. These parcels, she reported, are contiguous to the petitioner's industrial property, with access from Lumsden Road. The existing designation in both the Kitsap County Plan and the City's Comprehensive Plan for this property is industrial. In order to comply with the designation, the area has to already have existing industrial use in the area, and there has to be access to a major arterial roadway, which it does via Lumsden Road with access to Highway 16. Existing facilities will handle water and sewer service, and there have been adequate buffers created through a proposed design for the facility with preservation of the lower two-thirds of the property, with a steep slope and wetland terrain. There will be a conservation easement developed. The Planning Commission unanimously approved the request on December 20th via resolution. Mayor Abel opened the public hearing for testimony at 7:01 p.m., and then closed the public hearing when no one came forward to testify for or against the proposal. Ms. Long-Woods reported no Council action was required at this meeting; the issue will come back to Council in a second public hearing at the first Council Meeting in February. James Corporation -Comprehensive Plan Amendment Planning Director Joanne Long-Woods reported the James Corporation had submitted a request for a Comprehensive Plan amendment earlier in the year that had been forgotten in the midst of staff changes and reorganization of the department. She stated a rezone would be requested in the future. The James Corporation submitted all materials in a timely manner and met all SEPA requirements, along with notifying the Department of Community Trade and Economic Development. All public notification requirements have been met. The zoning designation amendment to high-density residential would bring the designation (currently commercial) in line with other properties in the area. A future request will most likely be to rezone the area to R20. Mayor Abel opened the public hearing to testimony at 7:05 p.m. Norm Olson of Olson and Associates stated he has been working with Mr. James on the proposed Comprehensive Plan amendment and that the property's existing designation of commercial does not match that of surrounding properties. He explained that any future zoning changes would be considered by Council through public hearings. Mr. Olson reported this action would allow for the creation of a planned residential development on the hillside. Mr. Olson noted the application had been presented earlier in the year and Minutes of December 27, 2004 Page 4 of 8 staff changes had prevented the matter from coming before Council before now. He stated the amendment was crucial for Mr. James to be able to develop the property. With no one else wishing to testify, the hearing was closed to public testimony, at 7:08 p.m. Council Member Powers moved and Council Member Dilenno seconded a motion to adopt Ordinance 1962 amending the City of Port Orchard Comprehensive Plan map by redesignating property from Commercial to High Density Residential located between Horstman Road and Orlando Street. Upon vote, motion carried unanimously. CONSENT AGENDA Councilmember Powers moved and Councilmember Dilenno seconded a motion to approve the Consent Agenda as modified. Motion carried unanimously. A. P4inutes of the Noveffiber 22, 200q City Council Pketing -To Business B. Minutes of the December 6, 2004 Special City Council Meeting C. P4inutes of the Deceffiber 13, 2004 City Council P4eeting -Continued to Meeting of January 10, 2005 D. Approval of Claim Warrants #42493-42561 in the amount of $207,085.96 E. Authorization for P4ayor to Sign Contract with State of •,vashington fer Right of Way Acquisition fer Sea Wall To Business F. Passage of Ordinance No. 1959 Relating to Parking Enforcement (Continued from Meeting of December 13, 2004) G. Authorization to Surplus Seized Vehicle-1990 Chevrolet Cavalier H. Passage of Ordinance No. 1961-2004 Budget Appropriation BUSINESS ITEMS Minutes of the November 22. 2004 City Council Meeting Council Member Powers moved and Council Member Dilenno seconded a motion to approve the November 22, 2004 City Council Meeting Minutes with a modification to the following motion: Councilmember Clauson moved and Councilmember Dilenno seconded a motion to schedule a public hearing in January 2005 with an informational presentation and for consideration of an ordinance revising the zoning ordinance to include Small Minutes of December 27, 2004 Page 5 of 8 Lot Development Standards. Upon vote, motion carried unanimously. Upon vote, motion carried unanimously. Authorization for Mayor to Sign Contract with State of Washington for Right- of-Way Acquisition for Sea Wall Interim Public Works Director Alan Lobdell reported the sea wall project has been on- going for several years and consists of 170 feet of Bay Street near 1883 Bay Street where there is a fog line within four to six inches of a drop off to the bay below and in need of a retaining wall. This project is federally funded, the design work is complete, and the NEPA application has been submitted. The authorization by Council would allow for right-of-way to be obtained in order to move the project forward. Mr. Lobdell reported the total project would cost approximately $170,000, with 86.5 percent of the funding coming through the State. Council Member Powers moved and Council Member Geiger seconded a motion to authorize the Mayor to sign the "Task Assignment" with the State of Washington Department of Transportation for the acquisition of needed right of way for the Bay Street Seawall project. Upon vote, motion carried unanimously. APproval of Extension of Service Contract for Code Review Services Planning Director Joanne Long-Woods requested Council approve the extension of a Service Contract with Rick Pope to perform plan inspections while the Building Inspector is attending an out-of-state class through January 18th. Council Member Diienno moved and Council Member Rider seconded a motion to approve the extension of the Service Contract with Rick Pope through January 18, 2005. Upon vote, motion carried unanimously. Recommendation by Lodging Tax Advisorv Committee for Distribution of 2004/2005 Hotel-Motel Tax Funds Council Member Dilenno moved and Council Member Rider seconded a motion to place this item on the January lOth agenda to give the Committee members an opportunity to discuss the recommendations with Council. Upon vote, motion carried unanimously. Minutes of December 27, 2004 Page 6 of 8 Acceptance of Downtown Port Orchard Revitalization Plan Council Member Powers moved and Council Member Diienno seconded a motion to accept the Downtown Port Orchard Revitalization Plan. Upon vote, motion carried unanimously. The Pros and Cons of the Proposed School Levv Ballot Measure Scheduled for Voter Decision in February 2005 The motion taken from the table: Council Member Clauson moved and Council Member Powers seconded a motion to direct staff to bring a resolution in support of the February 2005 School District Levy to Council at the next regular meeting. Council Member Dilenno stated she would like to attend the School Board meeting on January 6th to ask about the final priorities and deliverables in the Board's budget. She pointed out that while the proponents of the levy claimed it would be at no additional cost to voters, property values had risen by 16 percent, and thus the levy amount actually increased. Council Member Powers moved and Council Member Geiger seconded a motion to amend the original motion to give Council support of the 2005 School District Levy, and that a resolution acknowledging the support be brought to Council at the next regular Council meeting. Council Member Dilenno expressed her desire to gather more information before being asked to vote on the matter. Council Member Powers noted that a citizens' group and School Board members worked diligently to develop the budget in conjunction with the community's needs, and that Council should support the School District. Council Member Geiger stated the schools are inadequately funded by the State, and that local levies are the only way schools have to make up the funding deficits. He expressed his belief that it is important to support the School Board's levy request. Council Member Powers noted she would like the City's endorsement to be effective immediately and not wait for the adoption of the resolution at the next meeting. Upon vote, the amendment carried, with Council Members Geiger, Powers, and Rider casting affirmative votes, and Council Member Diienno casting a dissenting vote. Minutes of December 27, 2004 Page 7 of 8 Upon vote, the motion showing Council support of the 2005 School District Levy with a follow-up resolution to be prepared by staff for the next regular Council Meeting passed unanimously. Discussion-KRCC By-Law Change Proposal Council discussed the proposal to add the Port of Bremerton as a voting/contributing member to the Kitsap Regional Coordinating Council. Council Member Diienno moved and Council Member Rider seconded a motion to authorize the Mayor to vote in favor of the proposed bylaw change to add the Port of Bremerton as a voting member on the condition that the dues contribution by the Port are fair and equitable in proportion to their representation. Upon vote, motion carried unanimously. Authorization for Mayor to Sign 2005 Contract with Humane Society Council Member Dilenno moved and Council Member Powers seconded a motion to authorize the Mayor to sign the 2005 contract with the Kitsap County Humane Society. Upon vote, motion carried unanimously. Council recessed at 8:08p.m., reconvening into regular session at 8:17 p.m. EXECUTIVE SESSION Council went into executive session to discuss personnel matters at 8:17 p.m., reconvening into regular session at 9:18p.m. Authorization for Mayor to Sign 2005-2006 Contract with McGavick Graves for Legal Services {Continued from Meeting of December 13. 2004} Council Member Powers moved and Council Member Geiger seconded a motion to authorize the Mayor to sign the 2005-2006 contract with Loren Combs of McGavick Graves for legal services. Upon vote, motion carried unanimously. COUNCIL. MAYOR AND STAFF REPORTS Council Member Rider stated a Utility Advisory Committee meeting to discuss the sewer rate study would be held in the near future. Minutes of December 27, 2004 Page 8 of 8 Council Member Powers reported there would be a Public Property Committee meeting on January 12, 2005 at 7:30 a.m. at JA Michaels. She requested the Mayor attend the meeting. Council Member Geiger reported the Growth Management Committee had met and agreed on the Comprehensive Plan requirements and that they did not have any meetings set at this time. Council Member Dilenno reported for Council Member Cramer that the Economic Development Committee and the PORT Committee would meet in late January to talk about the next steps for the downtown revitalization recommendations. Council Member Dilenno noted there would be a Street Committee Meeting on January 6, 2005 at 7:30 a.m. at City Hall. Mayor Abel reported Kitsap County Commissioner asked if the Ad Hoc Committee meetings could be moved to 8:00 a.m. The next meeting will be on February 11, 2005. Mayor Abel reported the Kitsap Housing Authority had not been successful in their bid for the Brownsfield grant for the Mitchell property. Until they buy the property, they will look for other opportunities to begin the clean up process. At 9:26 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor