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