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03/08/2004 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger Rita Diienno Carolyn Powers Ron Rider Rick Wyatt, Mayor Protem CITY OF PORT ORCHARD City Council Minutes CITY HALL • 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 March 8, 2004 ALSO PRESENT: Police Chief Townsend, City Planner Wen man, City Engineer Curies, Deputy Clerk Merlino, City Clerk Etgen, City Attorney Combs and City Attorney Jacoby. CALL TO ORDER Mr. Nels Roinas, a member of the audience, led the audience and Council in the Pledge of Allegiance. PRESENTATIONS David Porter, KREDC-Update on 2004 Activities Mr. Porter, representing the Kitsap Regional Economic Development Council, commented he was not entirely sure what "Economic Development" means to the City of Port Orchard and requested the City set up a Work Study Session, to discuss this issue. Mr. Porter advised he could present what "Economic Development" means countywide and then discuss with the Council "Economic Development" within Port Orchard. Mayor Abel thanked Mr. Porter for attending the Council meeting, and advised Mr. Porter the City will set up a Work Study Session with him to discuss "Economic Development." APPROVAL OF AGENDA On motion by Councilmember Cramer, seconded by Councilmember Dilenno, Council approved the Agenda with the following revisions: •!• Remove from Consent Agenda and place on Business Items: o Minutes of the February 23, 2004 Council Meeting o Authorization to Relinquish Easement-Flower Meadows o Adoption of Resolution No. 2057 Regarding Port Orchard Marine Corporation DRAFT March 8, 2004 Page 2 of 11 o Adoption of Resolution No. 2059 Regarding Final Plat of Flower Meadows AUDIENCE COMMENTS Mayor Abel asked for audience comments for items not listed on this agenda. Ron Rice, 369 Sedgwick Road, owner of Howling Wolf Amphitheatre, expressed a concern with the cancellation of the Public Safety Committee meeting, in which David Conn, promotional manager, submitted a letter of intent to the Committee. David Conn, Promotional Event Manager, asked Council to set another Public Safety Committee meeting that will meet with his schedule to allow for his attendance. Mayor Abel apologized for the inconvenience and cancellation of the Committee meeting. Nels Roinas, 2201 West Avenue, expressed a concern with storm water runoff, due to the construction sites at the Flower Meadows Development, and asked for Council to review this matter. Mayor Abel advised this matter would be discussed during the adoption of the final plat of Flower Meadows. Jan Angel, Kitsap County Commissioner, asked Council to remember past discussions between the City and County regarding working relationships between the two entities and urged Council to approve the Residential Temporary Use Permits, which will be discussed during this meeting. Bill Crawford, 623 Dwight Street, local attorney, past President of Port Orchard Chamber of Commerce and Chair of the Port Orchard Economic Development Committee, reiterated the same concerns expressed by Commissioner Angel, and urged the Council to work with Kitsap County and alleviate parking issues that arise during the construction of the new administration building. REPORTS OF BOARDS & COMMISSIONS Port Orchard Revitalization Team and Grant Process Update Ron Rider, Economic Development Chair, introduced members of the Port Orchard Revitalization Team (P.O.R.T) and presented a brief overview of the past committee meetings. Dick Vlist identified the project area as being from Port Orchard Boulevard to the Westbay Shopping Center. Mr. Vlist commented the committee is focusing on a 20-year plan, with a maritime theme to attract boaters to Port Orchard. Mr. Rob Heay advised the committee is looking for a consultant who will identify the infrastructure within the downtown corridor that will help draw people to downtown. The consultant will also be asked to help develop a parking plan and traffic flow. The Committee would like to achieve a clean and friendly atmosphere in the downtown. Brenda Zink-McKee discussed the financial side of the project. Ms. Zink-McKee advised the committee is not looking at the City for any financial support. They will be asking the consultant DRAFT March 8, 2004 Page 3 of 11 to help the committee on how to achieve the necessary finances and what are their options. The P.O.R.T. Committee is asking for the City's support in developing their plan. The Mayor and Council thanked the Committee members for their dedication to this project. PUBLIC HEARING Proposed Resolution No. 2053 Regarding Denial of David Z. Levine D.O., Home Occupation/Conditional Use Permit 012-03 City Planner Wenman presented an updated staff report advising a Public Hearing was held on January 26, 2004 as requested by David Z. Levine, D.O., to consider his Home Occupation/Conditional Use Permit. At the Public Hearing the City Council adopted the recommendations of the Planning Commission to deny the application. Dr. Levine requested reconsideration of the Council's decision and on February 9, 2004 the Council did grant the reconsideration. City Planner advised this Public Hearing has been reopened to consider the testimony of Dr. Levine and the public. At this time, Mayor Abel opened the 7:35 p.m. Public Hearing regarding reconsideration of denial of David Z. Levine D.O., Home Occupation/Conditional Use Permit 012-03. Dr. David Levine thanked the Council for rehearing his application and granting him an opportunity to present his application. Dr. Levine advised his request for a Temporary Use Permit is for one year. After one year he will be financially secure and will at that time be in a better position to establish his practice in a commercial location. Dr. Levine made the following comments regarding the Temporary Use Permit: • His medical practice will generate very little hazardous waste and Kitsap County Waste Management has a very tight policy that he is obligated to follow. • Parking will not be an issue, as there is ample parking on site. • Traffic within the neighborhood would only increase by one car every 112 hour. • The City's zoning ordinance does not exclude medical offices within a residential area; therefore it can be permitted within a residential zone. In conclusion, Dr. Levine thanked the Council for this opportunity and asked for Council's concurrence on this issue. City Attorney Combs advised the City Council, that this is a Quasi-Judicial Hearing and asked if the Council had any ex parte contact with any individuals regarding this issue prior to this hearing and if the Council has any reason why they cannot render an impartial decision on this matter. No comments were received from the Council. City Attorney asked the audience if they see any reason why the Council cannot render an impartial decision. No comments were received from the audience. DRAFT March 8, 2004 Page 4 of 11 City Attorney Combs further commented, the Council may consider any written information that has been submitted to them since the last Public Hearing. Mayor Abel called for audience comments either for or against the proposed reconsideration of denial of David Z. Levine D.O., Home Occupation/Conditional Use Permit 012-093. John Carlson, 4300 Lake Helena Road, spoke in favor of the proposed application. Mr. Carlson commented Dr. Levine is an excellent physician and provides an invaluable service to the City. Mr. Carlson further commented that Dr. Levine has met all the City's requirements for his proposed Home Occupation/Conditional Use Permit. Gary Douthit, 1392 Cedar Canyon Place, spoke in opposition to Dr. Levine's application, and expressed a concern with increase traffic on Cedar Canyon Place. Mr. Douthit also commented that Dr. Levine has continued to allow street parking at his location. Mr. Douthit urged Council to deny the application. Gloria Gabriel, 1400 Cedar Canyon Place, reiterated the same concerns as Mr. Douthit and urged Council to deny this application. Ted Wright, 1394 Cedar Canyon Place, spoke in opposition to this application, expressing a concern with businesses located in a residential area. Joann Dantonio, resident on Bethel Burley Road, spoke in favor of the application, advising Dr. Levine is asking for a Temporary Use Permit for one year. Ms. Dantonio further commented there are no visual barriers and will not change the character of the neighborhood. Madelynne and Andrew Higgins, 1388 Cedar Canyon Place, both spoke in favor of the application. Mrs. Higgins advised, Dr. Levine instructs his patients to park in his driveway and also stated her driveway is also available for patients to use. Mr. Higgins commented parking and traffic do not seem to be a problem and the speed bumps are not necessary in this neighborhood. Dorothy Blackmer, 2016 -2"d Ave. W., Bremerton, spoke in favor of the Temporary Use Permit. Ms. Blackmer is a patient of Dr. Levine and he has advised her to always park in his driveway. Michael Crocco, 1398 Cedar Canyon Place, spoke in opposition to the Temporary Use Permit and advised parking is an issue in the neighborhood. Gil Michael, 228 Seattle Ave., questioned when Dr. Levin started using his home as his office. Mr. Michael cautioned the council that his financial stability should not be a factor in making the Council's decision to approve this Home/Occupation Temporary Use Permit. Dr. Levine presented his rebuttal by stating he does have a part-time employee who walks to his office and does not require a parking space. Dr. Levine commented further he will provide DRAFT March 8, 2004 Page 5 of 11 written documentation from the Health Department granting him permission to dispose of his hazardous waste. 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 Geiger moved to approve the Home Occupation/Conditional Use Permit No. 012-03 as submitted by Dr. David Z. Levine, D.O. Motion died for a lack of second. On motion by Councilman Clauson, seconded by Councilmember Cramer, Council denied the Home Occupation/Conditional Use Permit No. 012-03 as submitted by Dr. David Z. Levine, D.O., located at 1396 Cedar Canyon Place. Mayor Abel called for a 10 minute recess, with meeting reconvening at 8:55 p.m. Indigo Pointe -Subdivision and Rezone Request City Planner presented a brief update on the proposed application, which is a request to rezone property from R4.5 to R12 and subdivide a 2.9-acre parcel into 20 single-family residential lots. The Council considered the preliminary plat/rezone on December 22, 2003. At this Public Hearing the Council determined that it was the City's intent that a density of up to 12 dwelling units of single family detached housing is consistent with the Comprehensive Plan MDR designation; and that single family detached housing is a permitted use in the R-12 zone. This determination invalidated the Planning Commission finding that single-family detached housing was inconsistent with the Comprehensive Plan. The council then remanded the application back to the Planning Commission for re-consideration of the preliminary plat and rezone based on the Revised Habitat Management Plan and the Council's determination of the City's intent for the Medium Density Residential Designation. City Planner Wenman advised at the February 2, 2004 Planning Commission meeting, the Commission recommended approval of the rezone and subdivision. City Planner Wenman asked Council to reconsider their determination of the Medium Density Residential Designation based upon a letter prepared by Planning Commission Chair, Gil Michael, dated February 2, 2004. Mr. Michael has asked the Council to consider his letter prior to making a decision on Indigo Pointe application. At 9:03 p.m. Mayor Abel adjourned Council into Executive Session to discuss a potential legal issue for approximately 5 minutes. At 9:08 p.m. Mayor Abel reconvened meeting. City Attorney Combs advised the Council, Planning Commission Chair, Gil Michael has confirmed it is the Planning Commission's intent that this application be approved as the current zoning DRAFT March 8, 2004 Page 6 of 11 ordinance states, however he is requesting that in the future the City Council amend the Comprehensive Plan to reflect the Planning Commission's request. City Planner Wenman continued his staff report, by stating the applicant is requesting approval of Condition No. 9 of Planning Commission Resolution No. 003-04 -"Permission to remove all 36DBH and greater trees prior to Construction Plan approval." City Planner Wenman also presented the following corrections to Planning Commission Resolution No. 002-04: •:• Page 2 -4'" paragraph to read "WHEREAS, the Planning Commission determined that all Significant trees identified as Lack of Protection-to be removed; shall be replaced at a ratio of 3:1 ... ". Planning Commission Resolution No. 003-04 corrections as follows: •:• Page 3 -2nd paragraph to read: "The Final Plat shall depict native growth vegetation protective buffers and easements to be ... ". •:• Page 4 -Condition 8 to read: "There shall not be any access from the lots to Goldenrod Street. All lots shall aetff-access the plat's public road for ingress and egress. •:• Page 4 -Condition 13, second sentence to read: "A minimum of 37 total 2.5 caliper deciduous trees ... ". •:• Page 6-Condition 43, shall read: "Prior to Final Plat approval, the developer shall provide the City $4,800 $4,000 to upgrade playground equipment ... ". At this time, Mayor Abel opened the Public Hearing and asked if anyone in the audience had any comments either for or against the proposed Indigo Pointe Subdivision 03-01 and Rezone-1145. City Attorney Combs advised the City Council, that this is a Quasi-Judicial Hearing and asked if the Council had any ex parte contact with any individuals regarding this issue prior to this hearing and if the Council has any reason why they cannot render an impartial decision on this matter. No comments were received from the Council. City Attorney asked the audience if they see any reason why the Council cannot render an impartial decision. No comments were received from the audience. Mark Kuhlman, Team 4 Engineering, advised the applicant has agreed to all the changes addressed by the City Planner, therefore accepts all Conditions of Approval. Mayor Abel asked if anyone in the audience had any further comments either for or against the proposed Indigo Pointe Subdivision 03-01 and Rezone -1145. 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. DRAFT March 8, 2004 Page 7 of 11 On motion by Councilmember Diienno, seconded by Councilmember Rider, Council moved to adopt Planning Commission Resolution No. 002-04, with corrections as outlined by City Planner Wenman, as their own with Findings and Conclusions and approves the application to rezone property from R4.5 to R12 as identified in File Number R-1145; subject to the conditions of Preliminary Plat approval for the Plat of Indigo Pointe, Subdivision 03-01. Motion passed unanimously. Councilmember Diienno moved to adopt Planning Commission Resolution No. 003- 04, with corrections outlined by City Planner Wenman, as their own with Findings & Conclusions, and approves the application for Preliminary Plat approval to subdivide a 3.9 acre parcel into 20 single family residential lots, subject to 53 conditions, seconded by Councilmember Wyatt. Councilmember Diienno amended motion to include a laurel hedge vegetation barrier, approximately 6 to 8 feet high by 25 feet long, installed by the applicant and maintained for one year, which will provide a headlight screen to an adjacent neighbor, seconded by Councilmember Powers. Motion passed unanimously. On motion by Councilmember Cramer, Council moved to delete Condition No. 9 -"The removal of all 36DBH and greater trees shall be approved by the City Council prior to Construction Plan approval.", seconded by Councilmember Diienno. Motion passed with 5 affirmative votes and 2 opposing voters. Councilmembers Wyatt, Powers, Diienno, Cramer and Rider casting the affirmative votes. On motion by Councilmember Wyatt, seconded by Councilmember Diienno, Council moved to amend motion to preserve all 36DBH significant trees, with the condition they are found to be healthy by an arborist hired at the cost of the applicant. Motion passed unanimously. Councilmember Diienno, seconded by Councilmember Cramer, Council placed an additional condition that no more than 20 lots be developed within the project site, including the stormwater lot. Motion passed unanimously. On the main motion, Council unanimously approved the adoption of Planning Commission Resolution No. 003-04, with corrections as outlined by City Planner Wenman, as their own with Findings & Conclusions, and approves the application for Preliminary Plat approval to subdivide a 3.9 acre parcel into 20 single family residential lots, with the following added or modified conditions: • A laurel hedge vegetation barrier, approximately 6 to 8 feet high by 25 feet long, installed by the applicant and maintained for one year which will provide a headlight screen to an adjacent neighbor; • Preserve all 36DBH significant trees, with the condition they are found to be healthy by an arborist hired at the cost of the applicant; DRAFT March 8, 2004 Page 8 of 11 • No more than 20 lots be developed within the project site, including the stormwater lot. At 9:50 p.m., Mayor Abel called for a 3-minute recess, with meeting reconvening at 9:53 p.m. CONSENT AGENDA On motion by Councilmember Clauson, seconded by Councilmember Powers, Council approved the Consent Agenda as modified: B. Minutes of the February 3, 2004 joint Special Meeting C. Approval of Claim Warrants #40821-40912 in the amount of $457,061.86 and February 2004 Payroll, warrant #138036-138100 and Direct Deposit amount $307,037.23. D. Demolition of structures at 4940 Bethel Road -Ancilla Tripp Property E. Adoption of Resolution No. 2056 Regarding Prospect Street Parking Limit G. Exemption Application for Motor Home at 902 Cline Avenue I. Adoption of Ordinance No. 1933 Regarding Flower Meadows North Rezone J. Adoption of Resolution No. 2058 Regarding Flower Meadows North Preliminary Plat BUSINESS ITEMS Hotel/Motel Reauest for Additional Funding With Video Presentation Brian Petro, President Port Orchard Chamber of Commerce, discussed the $10,000 BELO Experience Washington Co-op Grant, with the request for additional hotel/motel funds from the City for the creation and distribution of a tourism video. On motion by Councilmember Powers, seconded by Councilmember Clauson, Council approved the allocation of $7,600 from the Hotel/Motel Fund to the Port Orchard Chamber of Commerce. The funds are to be utilized toward the matching fund requirement of the BELO Experience Washington Co-op Grant. In addition should unaccounted for dollars be returned to the City by Fathoms 0' Fun, the Chamber of Commerce would received $2,000 from those funds. Motion passed unanimously. Receive Public Input and Beain Council Discussion Reaarding Proposed Countvwide Planning Policies At this time, Mayor Abel asked for audience comments regarding the proposed Countywide Planning Policies. 1im Mathes, 401 Cline Avenue, presented a report that represents his comments for Council's consideration. On motion by Councilmember Dilenno, seconded by Councilmember Cramer, Council continued this agenda item -discussion of the proposed Countywide Planning Policies to March 9, 2004 at 7:00 p.m. DRAFT Adoption of Ordinance No. 1932 Regarding Official Newspaper March 8, 2004 Page 9 of 11 On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council moved to adopt Ordinance No. 1932 designating the Bremerton Sun as the Official Newspaper for the City of Port Orchard. Motion failed with 4 dissenting votes and 3 affirmative votes. Councilmembers Cramer, Rider, Wyatt and Diienno cast the dissenting votes and Councilmembers Geiger, Powers and Clauson cast the affirmative votes. Council member Wyatt reported on his own research, and presented his findings as follows: Based on the total fiscal year of 2003 Port Orchard Independent: $4,610.00, including webpage Bremerton Sun: $4,821.00, including webpage The difference reflects $211.00. Councilmember Wyatt recommends, the Port Orchard Independent as the official newspaper for the City, as having submitted the lowest quote. On motion by Councilmember Wyatt, seconded by Councilmember Diienno, Council directed staff to amend Ordinance No. 1932 to reflect the Port Orchard Independent as the official newspaper for the City of Port Orchard. Motion passed unanimously. Request by Kitsap Countv for Residential Temporarv Use Permits and Recommendation from Growth Management Committee Councilmember Dilenno gave a brief update on the discussion and comments from the Growth Management Committee. The Growth Management Committee met on February 17, 2004 and February 21, 2004 to consider Kitsap County's request for ten Temporary Use Permits for parking, office or storage during the construction of Kitsap County's Administration Building. The Temporary Use Permits are for properties owned by Kitsap County located between Taylor and Smith Streets and Sidney and Cline Avenue for a period of not Jess than five years. Councilmember Dilenno stated the Growth Management Committee finds that the Port Orchard Zoning Ordinance does not intend this type of temporary use within the zoning ordinance. Councilmember Dilenno further commented that Kitsap County has not abided by the conditions as set forth in prior permitted uses. Malcolm Flemming, Kitsap County Administrator, asked for Council's approval of the temporary Use Permits, noting the County's parking plan included the American Legion site located on Kendall Avenue and Givens Community Center located on Sidney Avenue. Mr. Flemming expressed belief that the County has a good balance for accommodating the parking issues. He also commented the only condition the County has not met is that of installing a chain-link fence around the construction site. Mr. Flemming asked that the Council allow the Temporary Use Permits for specific properties located on Sidney Avenue and Taylor Avenue, due to the displacement of the Fire Marshall's Office, because of the demolition of their office space. Councilmember Dilenno moved to deny the Residential Temporary Use Permits as requested by Kitsap County for parking, office or storage during the construction of DRAFT March 8, 2004 Page 10 of 11 Kitsap County's Administration Building, seconded by Councilmember Cramer. Councilmember Powers moved to amend motion to grant residential Temporary Use Permits for office space and storage at 802 and 810 Sidney Avenue and parking at 614 and 620 Taylor Street, seconded by Councilmember Clauson. Motion failed with 4 dissenting votes and 3 affirmative votes. Councilmembers Wyatt, Dilenno, Rider and Cramer cast the 4 dissenting votes and Councilmembers Powers, Geiger and Clauson cast the 3 affirmative votes. Council approved the main motion to deny the Residential Temporary Use Permits as requested by Kitsap County for parking, office or storage during the construction of Kitsap County's Administration Building. Motion passed with 4 affirmative votes and 3 dissenting votes. Councilmembers Wyatt, Dilenno, Rider and Cramer cast the 4 affirmative votes and Councilmembers Powers, Geiger and Clauson cast the 3 dissenting votes. Adootion of Ordinance No. 1931 Regarding Council Meetings On motion by Councilmember Wyatt, seconded by Councilmember Cramer, Council adopted Ordinance No. 1931 regarding City Council meeting times and place with the deletion of Section 2, requiring certain department heads to attend City Council meetings. Motion passed unanimously. The adoption Ordinance No. 1931 states Council meetings will start at 6:30 p.m. and adjourn at 9:30 p.m. on the second and fourth Monday of each month. The Council may continue past the 9:30 p.m. adjournment time, however a majority of the City Council must concur. Award of Bid -Port Orchard Boulevard Sewer Project City Engineer Curies reported on the Award of Bid for the Port Orchard Boulevard Sewer Project. Eight bids were received and read allowed on March 3, 2004 at 4:00 p.m. All bids submitted the required bid bond and acknowledged Addendum No. 1. Pivetta Brothers Construct Co. Buno Construction Stan Palmer Construction Nova Contracting Laser Underground Northern Con-Agg Rognlin's Inc. Engineer's Estimate (PVC) Engineer's Estimate (HOPE) Pipe $473,198.35 $532,931 $551,140 $578,390 $585,250 $605,120 $612,125 $689,924 $579,350 $640,600 Alt. Bid $39,538 $15,052 $74,200 $31,800 $59,400 $31,800 $63,600 $53,000 $53,000 $53,000 Total Bid $512,736.35 $547,983 $625,340 $610,190 $644,650 $636,920 $675,725 $742,924 $632,350 $693,600 On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council DRAFT March 8, 2004 Page 11 of 11 accepted the bidding and awarded the contract to the lowest bidder, Pivetta Brothers, using PVC pipes in the amount of $473,198.35, with an alternative bid of $39,538 and a total bid amount of $512,736.35. Motion passed unanimously. Adoption of Ordinance No. 1934 Regarding Council Committees Councilmember Clauson moved to approve Ordinance No. 1934 amending Ordinance No. 1923 and adding a new section 2.04.240 of the Municipal Code regarding the City Council's Rules for Making Committee Assignments, seconded by Councilmember Powers. Councilmember Diienno moved to amend motion to modify subparagraph two to read that a special meeting on the first Monday in June of 2004 shall be set to review the issue, and that the issue will be dealt with at a special meeting in January in even number years in the future, seconded by Councilmember Cramer. Council unanimously approved Ordinance No. 1934 amending Ordinance No. 1923 and adding a new section 2.04.240 of the Municipal Code regarding the City Council's Rules for Making Committee Assignments with a modification to subparagraph two to read that a special meeting on the first Monday in June of 2004 shall be set to review the issue, and that the issue will be dealt with at a special meeting in January in even number years in the future. On motion by .Councilmember Geiger, seconded by Councilmember Clauson, Council moved to continue the remainder of this meeting, except for the Executive Session to March 9, 2004 at 7:00 p.m. Motion carried unanimously. EXECUTIVE SESSION At 11:43 p.m. Mayor Abel adjourned Council into Executive Session for the purpose of discussing pending litigation pursuant to RCW 42.30.110 (1)(i)(A) and (B) for approximately 17 minutes and extended the Executive Session for an additional 20 minutes. At 12:20 a.m. on March 9, 2004, Mayor Abel reconvened meeting and advised this meeting has been continued to March 9, 2004 at 7:00p.m. Lyuieu)JwL Michelle Merlino, Deputy City Clerk KIM E. ABEL, MAYOR