03/22/2004 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
Robert Geiger
Rita Diienno
Carolyn Powers
Ron Rider -Excused
Rick Wyatt, Mayor Protem
CITY OF PORT ORCHARD
City Council Minutes
CITY HALL • 216 Prospect Street, Port Orchard, W A 98366
(360) 876-4407 • FAX (360) 895-9029
March 22, 2004
ALSO PRESENT: Police Chief Townsend, City Planner Wenman, City Engineer Curies, Deputy
Clerk Merlino, City Clerk Etgen, City Attorney Combs and City Attorney Jacoby.
CALL TO ORDER
Fred Karakas led the audience and Council in the Pledge of Allegiance.
PRESENTATIONS
Phv!lis Mann. Kitsap Countv Department of Emergency Management. Update on
Hazard Prevention Program
Phyllis Mann, Director of Emergency Management, discussed the Kitsap County Multi-Hazard
Mitigation Plan and presented projected timeline for completion. Ms. Mann advised a public
hearing is scheduled on May 18, 2004 to allow for public comment. The City of Port Orchard
will consider adopting the plan in August with final adoption by the State in September of 2004.
After State adoption the final document will be presented to the Federal Emergency
Management Agency for approval.
Ms. Mann also discussed the City of Port Orchard's Comprehensive Emergency Management
Plan, which is currently being reviewed by City staff.
APPROVAL OF AGENDA
On motion by Councilmember Cramer, seconded by Councilmember Wyatt, Council
approved the Agenda with the following revisions:
•:• Added to the agenda
o Reconsideration of Resolution No. 20S9 approval of Final Plat of Flower
Meadows, Division 3, Subdivision Number 99-1
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March 22, 2004
Page 2 of 5
•!• Remove from Consent Agenda and place on Business Items:
o Approval of Public Event Applications: Farmer's Market; Fathoms 0'
Fun; Mustangs on the Waterfront and Festival by the Bay
AUDIENCE COMMENTS
Fred Karakas downtown business owner expressed a concern with the Farmer's Market vendor
parking. Mr. Karakas advised it appears that vendors are parking their vehicles on Prospect
Street and Bay Street from 8:00a.m. to 3:00p.m., which takes away customer parking. Mayor
Abel placed this matter into the Street Committee for further review.
CONSENT AGENDA
On motion by Councilmember Diienno, seconded by Councilmember
Cramer and Wyatt, Council approved the Consent Agenda as modified:
A. Minutes of the March 1, 2004 Special Meeting -Countywide Planning Policies
B. Approval of Claim Warrants #40913-40984 in the Amount of $158,481.96.
D. Adoption of Resolution No. 2060 Denying Dr. David Levine's Home Occupation/Conditional
Use Permit
E. Adoption of Resolution No. 2061 Denying Residential Temporary Use Permits for Kitsap
County
F. Adoption of Ordinance No. 1935 Approving Indigo Pointe Rezone and Resolution No. 2062
Approving Indigo Pointe Preliminary Plat SUBDIV 03-01/R-1145
G. Authorization to Surplus 1991 Isuzu Rodeo -Police Department
H. Authorization of cost proposal from Arcadia Drilling for Well #9 Pump
BUSINESS ITEM
On motion by Councilmember Wyatt, seconded by Councilmember Cramer, Council
moved to reconsider Resolution No. 2050 adoption of the Final Plat of Flower
Meadows, Division 3, Subdivision 99-1. Motion passed unanimously with 6 votes.
On motion by Councilmember Wyatt, seconded by Councilmember Cramer, Council
approved the Final Plat of Flower Meadows, Division 3, Subdivision 99-1, with
conditions, subject to implementation of a stormwater plan, as approved by the City
Engineer. Motion passed unanimously with 6 votes.
PRESENTATION
Dennis Mcleran Regarding Puget Sound Clean Air Agency
Mr. Mcleran discussed Port Orchard's regulatory activities, including:
o Asbestos Outreach Program with the City's building department
o Coordination with City's code enforcement
o Coordination with Fire District 7
o Wood smoke and dust complaints
o Routine facility inspections.
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March 22, 2004
Page 3 of 5
Mr. Mcleran also discussed the Environmental Protection Agency's Clean School Bus grant for
South Kitsap and three other schools in Western Washington. The grant totals $366,000 over a
two-year period, with approximately $195,000 earmarked for South Kitsap School.
BUSINESS ITEMS
On motion by Councilmember Geiger, seconded by Councilmember Wyatt, Council
approved the Public Event Applications for the Fathoms 0' Fun Parade, Mustangs on
the Waterfront and Festival by the Bay, with the Farmer's Market Public Event
Application returned to the Street Committee for review of the vendor parking and
further review of the Fathoms 0' Fun Carnival application. Motion passed
unanimously.
PUBLIC HEARING
Maritime Business Center-JARPA 136-02
City Attorney Jacoby advised the City Council of the Quasi-Judicial Hearing rules and asked if the
Council had any ex parte contact with any individuals regarding this issue prior to this hearing and
if the Council had any reason why they could not render an impartial decision on this matter. No
comments were received from the Council. The 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.
City Planner Wenman presented staff report on the Maritime Business Center, File No. JARPA No.
136-02, indicating the project is located at 1090 Bay Street. Planner Wenman reported that the
owner Paul Fritz and Project Representative Norman Olson are proposing to utilize 1.2 acres of a
3-acre site for an open storage yard and office/warehouse. The project is proposed to be in
phases as follows:
Phase 1: Construction of storage yard. This will include constructing a new commercial
access road onto SR-166. Construction of a gravel storage yard area with stormwater control
facilities, and installation of perimeter landscaping.
Phase 2: Construction of two warehouse buildings with office space, sized 6,400 sq. ft., and
3,200 sq. ft, with associated parking.
City Planner Wenman further advised the zoning designation is Employment-Industrial/Office and
a shoreline designation for the tidelands is Urban Maritime.
City Planner Wenman made the following corrections to the Staff Report dated March 3, 2004 as
follows:
o Page 7, VI. Conclusions -1) The proposal, JARPA/SDP 155 03 136-02, is found to be
consistent with the goals and policy provisions of the Port Orchard Shoreline Master
Program.
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March 22, 2004
Page 4 of 5
o Page 8, Condition No. 3 -"Prior to site construction the applicant shall submit to the City
for review and approval a Final Site Development Plan/Stormwater Permit for each
phase, that identifies: ... ".
City Planner Wenman stated the Project Representative, Norm Olson, submitted a letter
requesting that Condition #6 of the recommended conditions be deleted.
o #6 -Prior to issuance of a building permit approval for the construction of buildings A &
B, the applicant shall provide a binding water and sewer availability letter.
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 Maritime Business Center, JARPNSDP 136-02.
Norm Olson, Project Representative, discussed in detail the infrastructure and how the phasing of
the proposed project would take place. Mr. Olson also commented on his request for deleting
Condition No. 6. Mr. Olson advised the Department of Ecology specifies that the permitting and
construction of Phase 2 improvements must be preceded by sewer availability. Mr. Olson
suggested that due to the possible advances in on-site sewerage disposal techniques and the
potential for Phase 2 not requiring sewer or septic, he requested the deletion of Condition No. 6.
He noted that if sewer were required for Phase 2, the permits would be addressed at that time.
Paul Fritz, applicant and owner of 1090 Bay Street and 1089 Bay Street, clarified for the record
that Thompson Piling Driving is only a tenant within the project site and is not a part of this
application process.
With no further public comments, Mayor Abel closed the public input portion of the Public
Hearing.
On motion by Councilmember Clauson, seconded by Councilmember Powers, Council
approved Shoreline Substantial Development JARPA/SDP 136-02, as submitted by
Paul Fritz, owner, for property located at 1090 Bay Street, known as the Maritime
Business Center, with 10 conditions as outlined in Staff Report, dated March 4, 2004,
with the deletion of Condition No. 6 on page 10. The project will utilize a 1.2-acre
portion of a 3-acre site as an open storage yard and office/warehouse. The project
will be developed in phases as follows:
Phase 1: Construction of storage yard. This will include constructing a new
commercial access road onto SR-166. Construction of a gravel storage yard area
with stormwater control facilities, and installation of perimeter landscaping.
Phase 2: Construction of two warehouse buildings with office space, sized 6,400
sq. ft., and 3,200 sq. ft, with associated parking.
Motion passed unanimously with 6 votes.
DRAFT
COMMTITEE REPORTS
March 22, 2004
Page 5 of 5
Councilmember Dilenno reported the Growth Management Committee did not come to a
unanimous decision on revisions to the South Kitsap Urban Joint Planning Area Memorandum of
Agreement and asked for further discussion by the Council.
After much discussion, upon motion by Councilmember Diienno, seconded by
Councilmember Clauson, Council approved the revisions to the South Kitsap Urban
Joint Planning Area, Memorandum of Understanding with the time line, as submitted
by Kitsap County. Motion passed with 5 affirmative votes and 1 dissenting vote.
Councilmember Cramer cast the dissenting vote.
At 8:34 p.m. Mayor Abel adjourned the meeting.
KIM E. ABEL, MAYOR