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HomeMy WebLinkAbout12/22/2003 - Regular - MinutesPRESENT: LESLIE J. WEATHERILL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger Don Morrison -excused Carolyn Powers, Mayor Protem Ron Rider Rick Wyatt CITY OF PORT ORCHARD City Council Minutes CITY HALL • 216 Prospect Street, Port Orchard, W A 983 66 (360) 876-4407 • FAX (360) 895-9029 DECEMBER 22, 2003 ALSO PRESENT: Police Chief Townsend, City Planner Wenman, City Engineer Curies, Deputy Clerk Merlino, City Clerk Etgen and City Attorney Jacoby. CALL TO ORDER Council member Wyatt 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. No comments were received at this time. NEW BUSINESS Call For Proposal for Official City Newspaper City Clerk Etgen presented staff report on the two bid proposals received for the Official City Newspaper as follows: Circulation Price per Column Inch Port Orchard Independent 16,000 1, 363 paid subscriptions $4.50 - 9 lines per column inch No charge for ads on their website Publishes twice a week Provides three Affidavits of Publications. Circulation The Sun 31, 252 (daily) 35,469 (Sunday) $5.75 per notice to publish ads on their website. Publishes every day of the week Provides one Affidavit of Publication December 22, 2003 Page 2 of 7 Price per Column Inch $3.31 -10 lines per column inch Mayor Weatherill placed the designation of the Official City Newspaper into the Finance Committee and asked staff to prepare a comparison of past years rates with new proposed rates to determine cost savings. 7:35 p.m. Public Hearing Regarding Kitsap Transit Project at Foot Ferry Dock Mayor Weatherill opened the 7:35 p.m. Public Hearing regarding a Shoreline Substantial Development Permit (JARPA 154-0303), together with a Conditional Use Permit and Substantial Development Permit (CUP/SDP 011-03). Kitsap Transit is proposing to replace the existing ferry dock terminal and to improve the connections between Kitsap Transit's Passenger Ferry and Kitsap Transit Bus System. The proposed project is located at the north end terminus of Sidney Avenue at the former Horluck Ferry Dock. Councilman Clauson commented he is a current employee of Kitsap Transit and asked if anyone had any objections to him remaining at the Council table for discussion and voting on this issue. Councilman Cramer advised due to his employment with Kitsap Transit he felt there was a conflict of interest. Councilman Clauson removed himself from the Council table and abstained from discussion or voting on this issue. City Planner Wenman presented staff report and illustrated on a map where the proposed project site is located. Planner Wenman advised the project will consist of reconstruction of the dock which will include a new fixed-pier gangway from the shore to an expanded 6,000 foot floating concrete ferry dock. All of the treated wood pilings currently supporting the pier and dock will be removed and replaced with twelve steel anchor piers. Improvements to shore facilities will include a covered bus shelter, benches, planter boxes, relocation of utilities underground, 300 feet of new boardwalk and pavement overlay of Sidney Avenue. City Planner Wenman also commented the Shoreline designation for the project is "Downtown Marine", with a mitigated determination of Nonsignificance. A Hydraulic Permit Application has been granted. Mayor Weatherill asked for audience comments regarding the Kitsap Transit Project at the Foot Ferry Dock. Darryl Piercy, Land Use Assistant for Kitsap Transit, discussed the major elements of the project, noting that this project will provide for handicap accessibility and will be ADA compliant. The project is also environmentally sound, with extensive debris removed from the shoreline. Mr. Piercy also commented the project will provide for safe pedestrian access, with improved crosswalks. Phil Struck representing Parametrix, discussed the structural improvements to the ferry dock. December 22, 2003 Page 3 of 7 Pat Drew, on behalf of Gerry Bruchart, owner of the Antique Mall, 944 Bay Street, questioned the street paving portion of the project and asked if this would impact businesses in the downtown area. Darryl Piercy, responded that they will be working with the downtown businesses to alleviate any disturbances to businesses. The paving project should not become an impact and construction should only be approximately one day. Warren Van Zee, 601 Cline Avenue, spoke in favor of the project and encouraged the Council to approve this project. Mayor Weatherill called for further audience comments regarding the Kitsap Transit Ferry Dock Project. 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, seconded by Councilmember Geiger, Council adopted Resolution No. 2049 recommending approval to the Department of Ecology for the granting of a Conditional Shoreline Substantial Development Permit to Kitsap Transit for the reconstruction of the Kitsap Transit Intermodal Ferry Dock Facility as proposed in JARPA 154-03 and CUP /SOP 011-03 located at the north end terminus of Sidney Avenue at the former Horluck Ferry Dock. Council Discussion on City Issues for Legislative Dinner City Clerk Etgen advised the date and time of the Legislative Dinner is scheduled for January 5, 2004, 6:30 p.m. at Tweetens Lighthouse Restaurant. Mayor Weatherill advised the Council received from staff a listing of possible issues for discussion with the legislators and asked each councilmember to pick three possible issues for discussion and submit them to the City Clerk's office for tabulation. Authorization for the Mayor to Sign Amendment 13, RH2 Contract City Engineer Curies reported Amendment 13 of the RH2 Contract will provide construction services for the Phase 1 contract of the Wastewater Treatment Facility Expansion project. Phase 1 is the excavation of 21,000 cubic yards of soil and the construction of the shoring wall along the east property line. RH2 will provide the necessary inspection, engineering and geotechnical oversight. On motion by Councilmember Clauson, seconded by Councilmember Wyatt, Council authorized the Mayor to sign Amendment 13 of the Contract with RH2 Engineering for a contract price of $156,597.00 for Phase 1 of the Wastewater Treatment Facility Expansion Project. December 22, 2003 Page 4 of 7 On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council removed from Consent Agenda 5C-Proposed Ordinance No. 1925 Regarding 2003 Appropriation of Funds, due to State Statue requirements that two readings are necessary on this issue. This agenda item will be placed on the January 12, 2004 Consent Agenda. OLD BUSINESS Continued Public Hearing: Reclassification and Subdivision-Indigo Pointe Continued Council deliberation from December 1, 2003 City Council meeting City Attorney Jacoby advised the Council, this is still a Quasi-Judicial matter and reminded the Council they must be able to make a fair an impartial decision based on the evidence presented regarding this particular application. City Attorney Jacoby also advised a letter was received from the applicant, questioning if Councilmember Cramer can make a fair and impartial decision on this matter. Councilmember Cramer advised he could make a fair an impartial decision on the proposed application. Councilwoman Powers acknowledged she was excused from the December 1, 2003 City Council meeting, however she has reviewed the audio and video tapes of the meeting and can also make a fair and impartial decision of the proposed application. City Planner Wenman presented an updated Staff Report on the revised application as submitted by the applicant and the recommendations of the Planning Commission to deny the plat, due to unresolved issues regarding the Habitat Management Plan and to deny the rezone due to noncompliance with the Comprehensive Plan. City Attorney informed the Council the applicant has submitted two applications for approval. The first application, which needs to be approved, is the rezone and after that has been approved the Council can deliberate on the Preliminary Plat approval. City Attorney further advised the Council of a necessary policy decision under this Comprehensive Plan Designation of either: 1) through a finding allow the R-12 single family residential detached development so it would be consistent with the comprehensive plan designation and Council could then approve the application, or; 2) rule that it was not Council's intention to allow the R-12 single family residential detached development, and the rezone would have to be denied. On motion by Councilmember Powers, seconded by Councilmember Wyatt, Council moved that it is the Council's intent that a density of up to 12 dwellings units of single family residential detached housing is consistent with the Comprehensive Plan Medium Residential Designation. Motion passed with 5 assenting votes and 1 dissenting vote. Councilman Rider cast the dissenting vote. City Attorney Jacoby advised the Council that they could now discuss and deliberate the Preliminary Plat Application. December 22, 2003 Page 5 of 7 City Planner presented an updated Staff Report, indicating the applicant submitted a revised site plan reducing the development from 21 lots to 20 lots, which was presented to the Council on December 1, 2003. He also reported on the arborist findings relating to the Significant Tree Retention Plan. After much d~scussion by the Council, Councilmember Clauson moved to remand back to Planning Commission the proposed Reclassification and Subdivision, known as Indigo Pointe, for further review and recommendation, taking into consideration the revised application and Council's finding regarding the R-12 Medium Density Residential Zoning Designation. Motion was seconded by Councilmember Rider, and upon vote, carried. At 9:10 p.m. Mayor Weatherill called for a 10-minute recess, with the meeting reconvening at 9:20p.m. Dick Hayes, Kitsap Transit, presented to Mayor Weatherill an antique Kitsap Transit Fare Box and a plaque for his dedication and support on the Kitsap Transit Board. Mr. Hayes also thanked the City and Mayor Weatherill for their continual support of the new foot ferry terminal in Port Orchard, which has been in the development stages for the past nine years. Councilman Clauson on behalf of the City and City Council presented Mayor Weatherill with a plaque commemorating Mayor Weatherill for his 20 years of dedicated service as Mayor to the City of Port Orchard. On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council moved to take a 20-minute recess in honor of Mayor Weatherill. Kitsap Countvwide Planning Policies -Resolution No. 2048 (Tabled from December 8, 2003) City Planner Wenman discussed the updated memo dated December 12, 2003 regarding the Kitsap Countywide Planning Policies. Planner Wenman advised that nine elements are currently being considered by all jurisdictions. Planner Wenman informed the Council the most significant modifications to the CPP's are the Center Designation of Silverdale and South Kitsap Industrial Area (SKIA). On motion by Councilmember Powers, seconded by Councilmember Geiger, Council removed from the table proposed Resolution No. 2048 ratifying the revisions to the Kitsap County-wide Planning policies. Vivian Henderson, representing Kitsap Alliance of Property Owners (KAPO) urged the Council to not ratify the KRCC County-Wide Planning Policies. Ms. Henderson expressed a concern with the regulations that KRCC imposes on all jurisdictions. December 22, 2003 Page 6 of 7 On motion by Councilmember Wyatt, seconded by Councilmember Clauson, Council moved to continue discussion on the Countywide Planning Policies to December 29, 2003 at 7:30 p.m. Payment of Professional Certification Fees for Department Heads and Assistants On motion by Councilmember Geiger, seconded by Councilmember Clauson, Council adopted Resolution No. 2050 authorizing the City's payment of professional certification fees for Department Heads and Department Heads' Assistants. CONSENT AGENDA On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council approved the following consent agenda items: A. Minutes of the December 1 and 8, 2003 City Council Meeting -as Revised B. Approval of Claims# 40364-40435 in the Amount of $223,466.03 D. Reappointment of Gil Michael as Planning Commission Member E. Approval of Firework Stand Permit, Located at South Kitsap Mall F. Approval of Appointment of Special Counsel for Civil Service Commission G. Proposed Ordinance No. 1926 Comp. Plan CA-17-03-Roland/Sedgwick Properties H. Proposed Ordinance No. 1927 Kitsap County Master Plan COMMITTEE REPORTS Councilmember Rider addressed Council concerning the passage of Ordinance No. 1923 regarding City Council Committee assignments. Councilmember Rider spoke in opposition to Ordinance No. 1923 stating the Ordinance should have been addressed and voted upon after the newly appointed Mayor and Council were seated at the Council table. Growth Management Committee Councilmember Powers reported on the Holiday Lights Tour, held December 10, 2003. The Committee will present their nominations for the 2003 Good Neighbor Awards at the January 12, 2004 City Council meeting. Street Committee Council member Wyatt moved to approve an RV /Boat Parking Exemption for Mr. Marvin Rowan for an Allegro motor home, Plate No. 390 MPZ, located at 132 Rockwell Avenue, seconded by Councilmember Powers. Councilmember Geiger moved to amend the motion to have the Police Department work with Mr. Rowan to ensure that the motor home is parked in a safe location at Morton and Rockwell, seconded by Councilman Clauson. Amendment carried. December 22, 2003 Page 7 of 7 Original motion as amended was to approve an RV /Boat Parking Exemption for Mr. Marvin Rowan for an Allegro motor home, Plate No. 390 MPZ, located at 132 Rockwell Avenue, with the condition the Police Department works with Mr. Rowan to ensure the motor home is parked in a safe location at Morton and Rockwell. Amended motion passed unanimously. Citizens Advisory Committee City Engineer Curies will put together a listing of individuals who have indicated an interest in serving on the Economic Development Committee. The final list will be reviewed by the City Council. City Engineer Report On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council authorized the Public Works Department to install electrical conduits for crosswalk lighting under the Frederick Avenue sidewalk for the Bay Street/Frederick Street Intersection Project. On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council authorized the Mayor to sign a letter to the Veterans Home relating to the easement and relocation of the natural gas lines, power lines and stormwater lines for the Sewer Treatment Plant Expansion Project. On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council authorized the Mayor to sign the Purchase and Sale Agreement for the Mitchell Point Reserve property. At 10:50 p.m. Mayor Weatherill adjourned the City Council meeting until December 29, 2003 at 7:30p.m. Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR