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12/08/2003 - Regular - MinutesPRESENT: LESLIE J. WEATHERILL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger Don Morrison Carolyn Powers, Mayor Protem Ron Rider (excused) Rick Wyatt CITY OF PORT ORCHARD City Council Minutes CITY HALL • 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 DECEMBER 8, 2003 ALSO PRESENT: Police Chief Townsend, City Planner Wen man, Deputy Clerk Merlino, City Clerk Etgen and City Attorney Combs. CALL TO ORDER Councilmember Morrison led the audience and Council in the Pledge of Allegiance. AUDIENCE COMMENTS Mayor Weatherill asked for audience comments for items not listed on this agenda. Dennis Xavier Goss, expressed his sincere appreciation for Mayor Weatherill's 20 years of experience and dedicated service to the City of Port Orchard and asked that Mayor Weatherill assist Mayor Elect Kim Abel in her newly elected position. Jeff St. Aubyn, 316 Seattle Ave., expressed a concern with proposed Ordinance No. 1923 regarding the City Council's committee assignments. Mr. St. Aubyn asked that the same powers that the current Mayor has be passed on to the newly elected Mayor. Melode Sapp, 931 Kitsap Street, also expressed a concern with proposed Ordinance No. 1923, and asked that the three most senior members of the City Council step down from the Council table and refrain from any discussion or voting on this proposed ordinance. Mrs. Sapp commented it is important that the Mayor be allowed to make these committee assignments. NEW BUSINESS Presentation by Linda Thompson, Port Orchard Library Update Linda Thompson introduced the current members of the Library Board and presented an update of the Port Orchard Library, by reporting on many of the events the library participated in. In December 8, 2003 Page 2 of 7 conclusion, Ms. Thompson thanked the City for painting the library building, supporting the installation of a new HVAC system, supporting the summer programs at the Gazebo and the repairs to the building restroom facilities by the Public Works staff. Ms. Thompson especially thanked Councilmembers Powers and Clauson who sat on the color selecting committee for the building. OLD BUSINESS Tabled Motion: Approving Comprehensive Plan Amendment CA-18-03 and Phased County Campus Master Plan (11/10/03) On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council removed from table, tabled motion to approve Comprehensive Plan Amendment CA-18-03 and Phased County Campus Master Plan. Councilmember Clauson, seconded by Councilmember Geiger, moved to approve a Comprehensive Plan Amendment that: • Creates a Government Use Overlay District within the area bounded by Kendall Avenue, Cline Avenue, Sidney Avenue and Dwight Street, subject to the submittal and approval of a Master Site Plan, and • Develop regulations necessary to submit and process a Government Use Master Site Plan Application that also protects single family residential uses, and • The necessary implementation ordinances be prepared for consideration at the December 22, 2003 Council Meeting. Councilmember Clauson, seconded by Councilmember Geiger, moved to make a substitute motion to approve a Comprehensive Plan Amendment that: 1. Creates a government use overlay district within the area bounded by Smith Street, Cline Avenue, Sidney Avenue and Dwight Street, and a government use/private sector governmental support use overlay, between Kendall Avenue, Cline Avenue, Sidney Avenue and Smith Street, subject to the submittal and approval of a master site plan, and 2. Directs the preparation of development regulations that are necessary in order to regulate and provide for the submittal of such master site plans, and that also protect the continuation of single family residential uses, and 3. Provides for revisiting the exclusivity of the government use overlay district between Dwight and Smith after 5 years if government entities have not acquired all of the land within that area, and that the necessary implementation ordinance be prepared for consideration at the December 22, 2003 Council meeting. Council approved the substitute motion with 6 assenting votes. At 8:35 p.m. Mayor Weatherill called for a 5-minute recess with meeting reconvening at 8:40 p.m. CONTINUED NEW BUSINESS Proposed Ordinance No. 1923 regarding City Council's Rules for Making Committee Assignment December 8, 2003 Page 3 of 7 Council member Morrison gave a brief history of the City Council Committee selection process and reported the Council determined that this item would be addressed again in two years. Gary E. Hunter addressed Council and submitted a letter in opposition of Ordinance No. 1923, expressing a concern with allowing three members of a seven member Council determine the Committee Assignments. Melode Sapp, 931 Kitsap Street, once again asked that the three most senior members of the City Council step down from the Council table and refrain from any discussion or voting on this proposed ordinance. Fred Chang, 319 Sidney, urged Council to not approve the proposed Ordinance or asked that this proposed ordinance be tabled until the newly elected members are able to participate in discussion. Dennis Xavier Goss, expressed a concern with proposed Ordinance No. 1923 specifically with taking the power away from the Mayor. Mr. Goss asked the Mayor to either veto this proposed ordinance or table approval until Mayor-elect Abel can participate in discussion. Rita Diienno, 1003 Hull Avenue, also expressed a concern with the proposed ordinance and feels this proposed ordinance gives the decision-making authority to a minority of the governing body and may violate governing policy. Mrs. Diienno suggested postponing any further discussion until all the newly elected members may consider the proposed ordinance. City Attorney Combs commented Rita Diienno made a very important point that in 1983 the City Council gave the Mayor the authority to control how the City Council conducts business. City Attorney Combs clarified the proposed ordinance is a legal document allowing three senior councilmembers to deliberate on committee assignments and then bringing their recommendation back to the whole council for their approval, during an open forum meeting. On motion by Councilmember Morrison, seconded by Councilmember Wyatt, Council approved Ordinance No. 1923 regarding the City Council's rules for Making Committee Assignments. Motion passed with 5 assenting votes and one dissenting vote. Councilmember Cramer cast the dissenting vote. 7:35 p.m. Public Hearing regarding Comprehensive Plan Amendment CA-17-03 Roland Property along Sedgwick Road. Mayor Weatherill opened the 7:35 p.m. Public Hearing regarding Comprehensive Plan Amendment CA-17-03. City Planner Wenman brought Council up to date on the proposed amendment. Sedgwick Road borders the project to the south, Geiger Road to the east, SR-16 to the west, and north of Sherman Road. City Planner Wenman advised the proponent requests an amendment to December 8, 2003 Page 4 of 7 designate the subject properties Commercial, or apply a preliminary designation of Commercial for properties outside of City limits, which may in the future be annexed into the City. Those portions of the property directly associated with Blackjack Creek will retain the current designation of Greenbelt. Site development plans will be considered at time of Rezone application submittal. City Planner Wenman further advised the applicant has revised the application submittal to not include the portion of the subject property located on the west and north side of Blackjack Creek. Also the application is revised to not include a bridge crossing of Blackjack Creek. These properties will retain the current designation of Medium Density Residential. Only those portions of the subject properties east and south of Blackjack Creek will be considered under this amendment application. City Planner Wenman reported the Planning Commission approved the proposed amendment with two Planning Commission Resolutions as follows: • Resolution No. 340-03 which recommends approval to designate the subject properties "commercial" for those portions lying east of Blackjack Creek, outside of the area designated as "Greenbelt", and • Resolution No. 341-03 which recommends a request to pre-designate the subject property "commercial" to become effective once annexed into the City. Councilmember Geiger disclosed he is not related to Glenda Geiger, who is one of the property owners for the project. Bill Fortunado, representing property owners, advised at this time, no definite site plans for the area have been developed, however this project could be considered a "Gateway" to Port Orchard. Mr. Fortunado thanked the city staff and Planning Commission for their many hours of review and deliberation. Ron Rice, 375 Sedgwick Road, owns property west of the proposed property, gave a brief history of the area and commented he is satisfied that the rules and policies for protecting Blackjack Creek are being met and spoke in favor of the proposed Comprehensive Plan Amendment. Jim Ambrey spoke in support of the development, hoping that Urban Growth Area boundaries will expand so his property may someday be annexed into the City. At this time, Mayor Weatherill called for further audience comments regarding the Comprehensive Plan Amendment CA-17-03. As no further audience comments were received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for their consideration. On motion by Councilmember Powers, Council adopted Planning Commission Resolution No. 340-03 as their own with Findings and Conditions and approved Comprehensive Plan Amendment CA-17-03 to designate the subject properties "Commercial" for those portions lying east of Blackjack Creek, outside of the area designated as "Greenbelt", seconded by Councilmember Morrison and carried. December 8, 2003 Page 5 of 7 City Attorney Combs advised Planning Commission Resolution No. 341-03 can not be approved during this calendar year, however it will be placed on next year's Comprehensive Plan Amendments. At 9:55 p.m. Mayor Weatherill called for a 10-minute recess with meeting reconvening at 10:05 p.m. 7:40 p.m. Public Hearing regarding Flower Meadows North Mayor Weatherill opened the 7:40 p.m. Public Hearing regarding an application for land use reclassification R-1150 and Subdivision 03-02, known as Flower Meadows North. Rob Wenman presented staff report and a recommendation of approval from the Planning Commission. Chuck Childress, owner and applicant is requesting a Preliminary Plat approval, together with a rezone of the subject properties from R4.5 to R8 for an 8-lot subdivision. The property is located along the north side of Road "D" in Flower Meadows. City Planner Wenman advised the applicant may request to remove some significant trees within the proposed project. City attorney advised at this time, the Council does not have the proper application from the applicant to remove Significant Trees. Mark Kuhlman, Team 4 Engineering, representing applicant, presented the following comments: • The City Engineer reviewed the traffic issues and presented a mitigated Determination of Non-significance, which includes a traffic study, • The applicant is proposing to update the right of way which is a condition recommended by the Planning Commission, • The R8 zone is an appropriate zone for this development, • The neighbors were given the hours of operation and the applicant did not receive any objection from neighboring properties. Mr. Kuhlman advised there are five significant trees on the proposed project site, however they are not asking to remove them. The applicant's Significant Tree Retention Plan is to keep all the trees. However the applicant is asking to reduce the Protective Radius from 45' radius to a 30' radius to match the drip line of the trees. A certified arborist made this recommendation. In conclusion, Mr. Kuhlman advised the applicant has agreed to the 33 conditions of approval as recommended by the Planning Commission. City Attorney advised the applicant has not submitted a proper application for a Significant Tree Retention Policy Application, due to the fact he is asking for a deviation from the city policy. Gerry Ardent, 228 Goldenrod, expressed a concern with the proposed development and asked the Council maintain the current zoning. Kim Abel, 338 Goldenrod, requested the Council consider the application carefully with consideration on planning for roads, reviewing the City's noise ordinance and meet all the dust control issues. December 8, 2003 Page 6 of 7 At this time Mayor Weatherill called for further audience comments regarding the Application for Land Use Reclassification R-1150 and Subdivision 03-02, known as Flower Meadows North. As no further comments were received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for consideration. On motion by Councilmember Morrison, Council remanded back to the Planning Commission Application for Land Use Reclassification R-1150 and Subdivision 03-02, known as Flower Meadows North for additional review of the Significant Tree Retention Policy, conditions regarding and construction noise by limiting Sundays and Holidays, seconded by Councilmember Clauson and carried. Kitsap Countywide Planning Policies -Resolution No. 2048. Mary McClure, Kitsap Regional Coordinating Council Director, presented the first set of changes of the Countywide Planning Policies, and reported no significant changes were made to this portion of the policies. Mary advised Puget Sound Regional Council has given a deadline for ratification of these policies by December 31, 2003. If ratification is not satisfied this could mean loss of federal dollars. On motion by Councilmember Clauson, seconded by Councilmember Wyatt, Council tabled ratification of the Kitsap Countywide Planning Policies and approval of Resolution No. 2048 until December 22, 2003 to allow further review by the City Council. Motion passed with 5 assenting votes and 1 dissenting vote. Councilmember Geiger cast the dissenting vote. Proposed revisions to the Sign Ordinance On motion by Councilmember Morrison, seconded by Councilmember Clauson, Council approved Ordinance No. 1924 repealing Ordinance No. 1762 and modifying standards for the structural design, placement, size and maintenance of all signs and structures in the City. CONSENT AGENDA On motion by Councilmember Geiger, seconded by Councilmember Clauson, Council approved the Consent Agenda as follows: A. Approval of Claim Warrants #40279-40363 in the Amount of $274,485.46 and November Payroll Warrants #137878-137810 and Direct Deposits in the Amount of $296,844.05. B. Proposed Ordinance No. 1920 Regarding 2004 Budget C. Proposed Ordinance No. 1921 Regarding Closing of Fund #205 and Transfer Money to Fund #206 D. Proposed Ordinance No. 1922 Regarding 2003 Employee Salary Schedule E. Authorization for Mayor to Sign Amended 2004 Kitsap County Jail Contract F. Authorization for Mayor to Sign New Puget Sound Energy Street Lighting G. Ratification of All Action taken at the December 1, 2003 Special City Council meeting On motion by Councilmember Cramer, seconded by Councilmember Morrison, Council amended and approved the November 24, 2003 draft minutes by deleting the following sentences from page 2, paragraphs 5, 6 and 7. "Perry Avenue pavement is less than 28 feet wide." COMMITTEE REPORTS Public Property Committee December 8, 2003 Page 7 of 7 On motion by Councilmember Powers, seconded by Councilmember Clauson, Council authorized a dinner meeting with all State Representatives to discuss funding and 2004 legislative issues. The City will host the meeting at a local restaurant, location and time to be determined; this will be an open public meeting. Finance Committee On motion by Councilmember Geiger, seconded by Councilmember Cramer, Council directed staff to prepare a draft resolution authorizing Department Heads and Assistant Department Heads payment for professional certifications, which relate to duties and functions while employed with the City. Street Committee On motion by Councilmember Morrison, seconded by Councilmember Wyatt, Council authorized the Mayor to sign contract with HDR Engineers for the design of the traffic signal modifications at the intersection of Tremont Street and Sidney Avenue. On motion by Councilmember Morrison, seconded by Councilmember Wyatt, Council denied the following Boat/RV Exemption application as submitted by Marvin E. Rowan, located at 132 Rockwell Avenue for an Allegro motor home, Plate No. 390 MPZ. This motor home has the potential of blocking the road if another car parked across from it. Motion failed with 4 dissenting votes and 2 assenting votes. Councilman Geiger refrained from voting due a conflict of interest. Councilmembers Wyatt and Morrison cast the 2 assenting votes. On motion by Councilmember Morrison, seconded by Councilmember Wyatt, Council approved the following Boat/RV Exemption application as submitted by James H. Clark, located at 1039 West Avenue for a Southwind motor home, Plate No. 020 PMB. Motion passed with 6 5. assenting votes and Council member Clauson refrained from voting due to a conflict of interest. EXECUTIVE SESSION At 11:00 p.m., Mayor Weatherill adjourned Council into executive session to discuss personnel evaluations and potential litigation issues for 15 minutes. ADJOURNMENT At 11:10 p.m. Mayor Weatherill reconvened the m:zeting i , regular session and adjourned the meeting. ~~)uQ__Q~ l~ ~ ~ Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR