11/10/2003 - Regular - MinutesPort Orchard, Washington
Minutes of November 10, 2003
Council of the City of Port Orchard, Washington, called to regular session by Mayor Protem
Powers at 7:30 p.m. at City Hall, 216 Prospect Street. Council members present: Clauson,
Wyatt, Geiger, Powers, Rider and Cramer. Councilman Morrison excused. Staff present:
City Engineer Curies, City Planner Wenman, Deputy Clerk Merlino, City Clerk Etgen and
City Attorney Combs.
CALL TO ORDER
Councilman Wyatt led the audience and Council in the Pledge of Allegiance.
AUDIENCE COMMENTS
Mayor Protem Powers asked for audience comments for items not listed on this agenda.
Art Mickelson, 2358 Garden Drive, representing South Kitsap Western Little League,
addressed Council concerning the Little League field located at 701 Sroufe Street. Mr.
Mickelson advised Council, during the permitting process for expansion of the concession
stand and restrooms, the City had discovered the Little League fields had already been
tied to the City's sewer system for many years. Mr. Mickelson informed the Council the
Little league was sent a letter stating the connection fees would not be applicable, since it
is considered "Grandfathered", however per State Statute, the City can back bill up to
three years. In conclusion, Mr. Mickelson requested the City waive the back sewer
charges of $844.00.
Mayor Protem Powers placed this request into the Water/Sewer Committee for further
review.
NEW BUSINESS
7:35 p.m. Public Hearing regarding Reclassification and Subdivision, known as
Indigo Pointe
Rob Wenman, City Planner, stated the City has received a revised site plan for the
proposed project. City Planner Wenman advised the additional information submitted
addresses the concerns expressed by the Planning Commission in a positive manner.
Therefore, the City Planner and applicant have requested this Public Hearing be continued
to allow staff sufficient time to review the additional materials.
After some discussion, Councilman Clauson moved to continue this Public Hearing to
December 1, 2003 following the Public Hearing on the adoption of the 2004 City budget,
seconded by Councilman Wyatt. Motion passed with 3 affirmative votes and 2 dissenting
votes. Councilmen Cramer and Rider casting the dissenting votes.
7:40p.m. Public Hearing regarding Comprehensive Plan Amendment; CA-18-03
Kitsap County Master Plan and CA-16-03 Royal Valley LLC
November 10, 2003
Page 2 of 7
Mayor Protem Powers opened the Public Hearing regarding the Comprehensive Plan
Amendment, CA-18-03 and the phased Kitsap County Master Plan and Comprehensive
Plan Map Amendment, CA-16-03 known as Royal Valley, LLC as submitted by Ron Ross.
Karen Ross, Kitsap County Project Manager, informed the Council that the Kitsap County
Commissioners approved the Purchase and Sales Agreement for Ron Ross' property
known as Royal Valley, LLC, located at the northeast corner of the intersection of Sidney
Avenue and Sweany Street; therefore a Public Hearing on Comprehensive Plan
Amendment CA-16-03 will not be necessary.
City Planner Wenman presented staff report, stating this is a Comprehensive Plan Map
and Text Amendment, whereby the proponents are asking for an amendment in the
designation from Medium Density Residential to Public and Community Spaces together
with consideration of a phased Master Plan to guide development for future expansion of
the Kitsap County campus. The location is described as those properties contained within
the boundary of Dwight Street, Sidney Avenue, Kendall Street and Cline Avenue.
City Planner Wenman reported the Planning Commission recommended approval of this
Comprehensive Plan Amendment with conditions. City Planner reviewed the conditions as
recommended by the Planning Commission.
City Planner Wenman acknowledged that the County and the Planning Commission are
recommending that the areas bounded by Sroufe Street, Cline Avenue, Dwight Street, and
Sidney Avenue be designed at "Public and Community Spaces" and the City's
Comprehensive Plan Map and Text be modified to reflect this designation. The County
and Planning Commission are also recommending that the County's Master Plan be
approved as a Comprehensive Plan Overlay. If approved by the City Council this overlay
would preserve the residential zoning of the existing property owners and allow them to
continue to enjoy all the rights and privileges that they currently have as owners of
residential property.
City Planner Wen man advised the Council they currently have three alternatives:
• Approve the Comprehensive Plan Amendments and the phased Master Plan as
presented by Kitsap County; or
• Adopt the Findings and Conditions as modified by the Planning Commission; or
• Deny application in its entirety.
At this time, Mayor Protem Powers asked for comments from the applicants, Kitsap
County Administration.
Karen Ross, Kitsap County Project Manager, discussed the Master Plan specifics. Ms. Ross
advised the County has contacted all the neighbors within the Master Plan project and
asked for their comments and concerns and incorporated them into the final Master Plan.
At this time, Ms. Ross outlined the proposed phased Master Plan for the next 50 years.
November 10, 2003
Page 3 of 7
Phase 1 -First five years, will include the administration building, some additional parking
on either side of Austin, between Taylor Avenue and Smith Street. During Phase 1 the
County is asking neighbors if they would be willing to sell their property to the County for
the County's expansion purposes. The County's objective for the first five years is to
acquire expansion space for professional office space and develop 238 parking stalls. Also
during Phase 1 the parking plan management will be modified and approved.
Phase 2 -five to 20 years, acquire properties between Taylor Street and Smith Street for
future growth and professional office space.
Phase 3 -20 to 40 years, development of structure parking and expansion of Courthouse
along Cline Avenue.
Phase 4 -over 40 years, acquiring properties between Smith Street and Kendall Avenue.
Ms. Ross advised traffic studies have been performed, and a signage project has been
implemented to provide for directional signs within the Campus. In conclusion, Ms. Ross
informed the Council the County's objective is not to create a negative impact on
neighboring property owners.
Malcom Flemming, Kitsap County Administrator, addressed some of the conditions that
have been proposed by the Planning Commission. Mr. Flemming asked that the Planning
Commission Condition Nos. 3 and 4 be deleted. The Planning Commission's
recommendation would permit site-specific rezones of residential property to allow
"mixed-use commercial." Mr. Flemming asked the Council to delete these conditions for
several reasons:
• The residents of the neighborhood surrounding the Courthouse have expressed
strong opposition to commercial development in the neighborhood.
• Allowing residential property to be rezoned into mixed-use commercial would
promote real estate speculations within the area of the overlay zone. This would
be costly to the County and taxpayers because the County would have to pay
inflated prices to acquire any property within the Master Plan area.
• The Planning Commission's approach would increase pressure on the area to
develop more rapidly than required by the County and develop in a way that is
incompatible with a cohesive Master Plan.
At this time Mayor Protem Powers asked for audience comments either for or against the
Comprehensive Plan Amendments, CA-18-03 and the phased Kitsap County Master Plan.
Leonard Minor, 702 Taylor Avenue, advised he is not opposed to the plan, however asked
for protection from the County during the County's construction phases. He stated the
County has disregarded all safety issues during construction. Mr. Minor also commented
the County has asked to purchase his property for what he feels is below market value.
In conclusion, Mr. Minor asked that the City Council retain Planning Commissions
Conditions Nos. 3 and 4.
November 10, 2003
Page 4 of 7
Howard Minor, 612 Smith Street, spoke in favor of the Comprehensive Plan Amendments
and phased Master Plan and is looking forward to selling his property to the County.
Rod Ortin, 718 Sidney Avenue, expressed a concern with the County not being a good
neighbor. Mr. Ortin stated the County has not followed the regulations that were
implemented by the City, specifically regarding the widening of streets. Mr. Ortin also
expressed a concern with allowing heavy industry into a residential area. He stated the
County does not take care of their own property. Mr. Ortin asked that this plan not be
approved.
John Lackey 709 Smith Street, spoke in favor of the proposed phased Master Plan and
implementation of a parking plan. Mr. Lackey expressed a concern with the lack of public
notice from the County Administration. Mr. Lackey also expressed a concern with a
"checkerboard" effect of the neighborhood. He stated the County should place more
emphasize on urban planning and should help relocate residents which are affected. Mr.
Lackey commented that residents should not have the County dictate who property
owners can sell to.
Beth Cattrell, 530 Taylor Street, spoke in favor of the overlay plan, as this will alleviate
some of the problems by creating certainty for the residents. However, she stated, the
County should not restrict property owners rights.
Dave Rumpky, 921 Cline Avenue, expressed a concern with the future of properties within
the overly and specifically commented on the marketability of his property due to loss of
property value and uncertainty of the future. Mr. Rumpky is in the 40-year plan.
Sue Robinson, 808 Sidney Avenue, spoke in favor of the phased Master Plan. Ms.
Robinson's property currently overlooks the parking lot Ms. Robinson feels confident that
with sufficient buffers, she will be able to maintain her privacy.
Clara Ortin, 719 Sidney Avenue, expressed a concern with construction noise into the late
evening.
Gil Michael, 228 Seattle Avenue, representing the Planning Commission, clarified for the
Council, the Planning Commission had no intention of recommending commercial uses
within the overlay district other than professional offices. The Planning Commission also
heard strong messages from the residents, that they want options rather than be
restricted to sell their property to the County at a negotiated price. Mr. Michael does not
like the "Z" shaped parking lot, which indicates that residents are fearful of selling their
property.
Steve Lawson, 819 Cline Avenue, expressed a concern with how the proposed phased
Master Plan will affect property values and quality of life in the neighborhood.
November 10, 2003
Page 5 of 7
At this time, Mayor Protem Powers acknowledged written comments from the following
residents: Mayor Leslie J. Weatherill, Estanislao A. Hocog, 815 Austin Avenue; John and
Claudia Lackey, 709 Smith Street; Stephan M. Larson, 819 Cline Avenue; Marc and
Terresa Fornwalt, 2644 Sherman Avenue; Frank Q. Picha, 2634 Sherman Avenue; Robert
and Charan Oliver, 2601 Sherman Avenue; Mr. And Mrs. Richard Robinson, 2768 S.
Sherman Avenue; Jesse Truax, 807 Cline Avenue.
Jesse Truax, 807 Cline, approved of the phased Master Plan and acknowledged he is in
the 5 to 20 year plan, however would like to sell his property today, rather than wait for
the 5 to 20 year plan. Mr. Truax is concerned his property values will go down due to the
proximity of the courthouse and being surrounded by county offices.
Lee Caldwell, 922 Sidney Avenue, requested the County give fair market values to the
residents within the overly district and help with relocating and moving expenses.
At 9:25 p.m., Mayor Protem Powers called for a 10-minute recess, with the meeting
reconvening at 9:35 p.m.
Mayor Protem Powers called for further audience comments regarding Comprehensive
Plan Amendments CA-18-03 and the phased Master Plan. As no further comments were
received, Mayor Protem Powers closed the public input portion of this Public Hearing and
referred this matter to Council for their consideration.
Councilman Rider moved to approve Comprehensive Plan Amendment CA-18-03 and the
phased County Campus Master Plan with Findings and Conclusions as presented in
Planning Commission Resolution No. 338-03, seconded by Councilman Cramer.
The City Attorney advised that due to some specific concerns and questions by the City
Council, he and City Planner Wenman will review the following issues and prepare a
recommendation for the Council at the next meeting.
• Can the initial overlay stop at Smith Street and the other side of Smith Street be
added later to the overly district;
• What about "Block by Block" development;
• Language will include, "Existing residents will not be encumbered while living in
the overlay district";
• Protection of residents during construction phases.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council tabled the
motion approving Comprehensive Plan Amendment CA-18-03 and the Phased County
Campus Master Plan to allow staff sufficient time to address the City Council's concerns
regarding this issue. Motion passed with 4 affirmative votes and 1 dissenting vote.
Councilman Cramer cast a dissenting vote.
CONSENT AGENDA
November 10, 2003
Page 6 of 7
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved the
following consent agenda items:
A. Minutes of the October 27, 2003 City Council Meeting
B. Approval of Claim Warrants #40103-40199 in the Amount of $209,050.90 and
October Payroll Warrants #137746-137810 and Direct Deposits in the Amount of
$296,390.55
C. Ordinance No. 1918 regarding Property Taxes
D. Addendum for Yakima County Jail Services Contract for 2004
E. Authorization for City Clerk to Sign Fuel Contract with Voyager Program
F. Approval of 2003 Special Project Funding for Festival of Chimes and Lights
REPORTS
Growth Management Committee
Councilman Rider, Chair Growth Management Committee, recommended that select
members of the Planning Commission and citizens form a committee to develop City
design guidelines for Commercial development and downtown districts.
On motion by Councilwoman Powers, seconded by Councilman Cramer, Council authorized
the Planning Commission to work on design guidelines to be developed through working
with a select committee and other community groups.
Finance Committee
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized
McGavick Graves to work on the Chief Townsend investigation as a special project that will
be billed pursuant to our fee agreement and further that McGavick Graves is authorized to
hire outside counsel to assist in this matter and that outside counsel will be reimbursed at
their normal hourly rate.
Water/Sewer Committee
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized
the expenditure of $3,900 for Nelson Geo-Technical Associates to provide geo-technical
services to the Port Orchard Boulevard sewer main.
Mayors report
Mayor Protem Powers acknowledged City Clerk, Carol Etgen on her Certified Municipal
Clerk designation. Mayor Protem Powers and Council congratulated her on her
accomplishment.
Mayor Protem Powers advised Council that the Port Orchard Chamber of Commerce would
like to host a holiday party for the families of the USS Camden and requested the use of
the Port Orchard Active Club Building.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council waived City
Hall room usage fees for the USS Camden Children's Holiday Party on December 14, 2003.
November 10, 2003
Page 7 of 7
On motion by Councilman Clauson, seconded by Councilman Geiger, Council excused
Councilwoman Powers from the December 1, 2003 special City Council meeting.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council excused
Councilman Rider from the December 8, 2003 City Council meeting.
On motion by Councilman Clauson, seconded by Councilman Rider, Council appointed
Councilman Geiger as Mayor Protem to serve between November 16, 2003 and November
17, 2003 when Councilwoman Powers will be leaving town and Mayor Weatherill's return.
Department Head Reports
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council authorized the
Mayor to sign a service contract with Rick Pope (former Building Inspector) for $25.00 an
hour to perform plan reviews. Motion passed with 4 affirmative votes and 1 dissenting
vote. Councilman Clauson cast the dissenting vote.
At 10:30 p.m., Mayor Protem Powers adjourned Council into executive session to discuss
personnel issues for 30 minutes. The Executive Session was extended an additional 13
minutes.
At 11:14 p.m. Mayor Protem Powers reconvened the meeting into regular session and
adjourned the meeting.
Michelle Merlino, Deputy City Clerk
Ca~~~-ff~
CAROLYN P WERS, MAYOR PROTEM