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12/09/2002 - Regular - MinutesPort Orchard, Washington December 9, 2002 Council of the City of Port Orchard, Washington, called to regular session by Mayor Protem Morrison at 7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Powers, Rider, and Cramer. Staff present: City Planner Wenman, City Attorney Amann, Deputy Clerk Merlino, and City Clerk Parks. Councilwoman Powers led the audience and Council in the Pledge of Allegiance. Mayor Protem Morrison asked for audience comments for items not listed on this agenda. Leona Cottrell Atkins, 623 DeKalb Street, commented on the process to consider Comprehensive Plan Amendments by asking the Council and staff to simplify the language used during the Public Hearing process, as many of the local residents are not familiar with the zoning terminology. Vivian Henderson, Executive Director of the Kitsap Alliance of Property Owners, expressed a concern with government control on private properties. Ms. Henderson also reiterated Ms. Atkins request that Council and staff simplifying the language and process, so local residents can be better informed. City Clerk Parks presented a proposed annexation {election method) for three parcels located in the southwest quadrant of the Sidney/Sedgwick Intersection. City Clerk informed Council, as nearly as may be determined, the number of voters in the proposed annexed area is two. Proposed Resolution No. 2001 calling for the annexation by election was presented to the Council for their consideration. City Clerk Parks advised the election is anticipated to be on the April or May 2003 ballot. Rich Rucker representing property owners requested Council take action to initiate the annexation process. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted Resolution No. 2001 pursuant to RCW 35.13.015 calling for the annexation by election of an area of unincorporated territory being contiguous to the City and legally described in Section 1 of this Resolution, and also calling for an election within the territory on the propositions of whether upon annexation all property annexed, shall be assessed and taxed at the same rate and on the same basis as property within the City of Port Orchard is assessed and taxed to pay for all or any portion of the outstanding indebtedness of the City of Port Orchard; and shall continue to be zoned as provided for in Kitsap County Code Title 17. Linda Thompson, Port Orchard Library Librarian, presented an update on the Port Orchard Library, highlighting the increase in circulation for the year 2002. Ms. Thompson also discussed the many changes within the interior of the library specifically the new nautical decor. Cami Dombkowski, Chair of the Library Board of Trustees introduced past and new board members and thanked the City and Council for their continued support of the Port Orchard library. Tim Thompson and Grant Griffin, representing the Visitor and Convention Bureau, presented an update on the marketing campaign for the year 2002 and what the VCB has accomplished year to date. Mr. Griffin and Mr. Thompson thanked the Mayor and Council for giving them this opportunity to present their update. Mayor Protem Morrison presented proposed Ordinance No. 1879 amending the Port Orchard Zoning Map to change the zoning classification of certain properties from R4.5 to R20, located adjacent to the north property line of Albertson's Shopping Center at Olney Avenue and Mile Hill Drive. Councilwoman Powers refrained from voting or any discussion regarding the proposed zoning application, as she was not in attendance during the November 25, 2002 City Council Public Hearing. December 9, 2002 Page 2 of 7 On motion by Councilman Clauson, seconded by Councilman Wyatt, Council moved to reconsider motion as presented at the November 25, 2002 City Council meeting, approving the application for a Zone Reclassification (R-1143) from R4.5 to R20 for a 4.89 acre parcel located adjacent to the north property line of Albertson's Shopping Center at Olney Avenue and Mile Hill Drive. Motion passed with 6 ayes. Councilwoman Powers refrained from voting. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved Ordinance No. 1879 amending the Port Orchard Zoning Map to change the zoning classification of certain properties, located adjacent to the north property line of Albertson's Shopping Center at Olney Avenue and Mile Hill Drive, from R4.5 to R20 with the condition the project shall be site plan specific as it relates to the Planned Residential Development. Motion passed with 6 ayes. Councilwoman Powers refrained from voting. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council moved to reconsider motion as presented at the November 25, 2002 City Council meeting denying approval of a Planned Residential Development of 50 residential lots of duplexes with zero lot line setbacks. Motion passed with 6 ayes. Councilwoman Powers refrained from voting. On motion by Councilman Clauson, seconded by Councilman Rider, Council approved the concept of a Planned Residential Development of 50 residential lots of duplexes with zero lot line setbacks, with the conditions set forth in Planning Commission Resolution 326-02 and also adding back Condition No. 5 (which was deleted by the Planning Commission) as follows: To accommodate off street parking, the project shall be designed with alleys, or an alternative solution approved by the City Engineer that satisfies the criteria for an uncluttered appearance while accommodating parking, with final approval by the City Council rather than the City Engineer. Motion passed with 5 ayes. Councilman Cramer voting nay and Councilwoman Powers refrained from voting. At 8:20PM Mayor Protem Morrison called for a 5 minute recess with meeting reconvening at 8:25PM. Mayor Protem Morrison advised the audience the City Council will hold six separate Public Hearings on proposed 2002 Comprehensive Plan Amendments, however there will not be any discussion or final decision by the City Council at this meeting. Council discussion and the final decision will be presented and voted on at the December 23, 2002 City Council meeting. Mayor Protem Morrison opened the 7:35 PM Public Hearing regarding the proposed Comprehensive Plan Amendments, Planning File No. CA-1 0-02, Lowell Street Properties, Dwight Street Properties and Warren and Alice Van Zee, proponents. City Planner Wenman presented the staff report indicating the properties are located on the north side of Dwight Street between Austin and Cline Avenue, more specifically 601, 609, 613, and 623 Dwight Street. The proponents are asking to designate the subject properties as Commercial on the Comprehensive Plan Map and rezone to Mixed Use to support a future intended use as professional office. City Planner stated this proposed amendment has been reviewed by the Planning Commission and received a recommendation for denial, based on the fact the Planning Commission determined that the amendment is inconsistent with the goals of the Comprehensive Plan. Mayor Protem Morrison called for audience comments from those in favor of the Planning File No. CA-1 0- 02, Lowell Street Properties, Dwight Street Properties and Warren and Alice VanZee, proponents. December 9, 2002 Page 3 of? Dick Peterson, attorney representing Crawford, McGilliard, Peterson, Yelish and Dixon, law firm, spoke in favor of the proposed amendment, first by presenting a brief history of the subject area noting the transition of the area from residential to commercial and commenting on the parking congestion in the area and the need for a solution to the parking problem. Mayor Protem Morrison called for audience comments from those against the Planning File No. CA-1 0-02, Lowell Street Properties, Dwight Street Properties and Warren and Alice Van Zee, proponents. Leona Cottrell Adkins, 623 DeKalb Street, spoke in opposition to the proposed amendments. Ms. Adkins asked the amendment not include residential lots and only apply to the law office. Mayor Protem Morrison called for further audience comments for Planning File No. CA-10-02, Lowell Street Properties, Dwight Street Properties and Warren and Alice Van Zee, proponents. As no further comments were received, Mayor Protem Morrison closed the public input portion of the Public Hearing. This matter will be presented to the City Council for their consideration at the December 23, 2002 City Council meeting. Mayor Protem Morrison opened the 7:35 PM Public Hearing regarding the proposed Comprehensive Plan Amendments, Planning File No. CA-12-02, Kitsap County Administration, proponent. City Planner Wenman presented the staff report indicating the properties are located on the south side of Dwight Street between Austin Avenue and Cline Avenue. The proponent is asking to designate the subject properties as Public and Community Spaces to support the submittal of a rezone application form R8 to Public Facilities together with a site development proposal to construct a public administration building on this site. City Planner Wenman advised the proposed amendment has been reviewed by the Planning Commission and received a recommendation for approval with the deletion of Finding No.9 as follows: The area has been transitioning to a mix of professional office, commercial and multi-family, in a mixed use setting with existing single family residences. Adjacent parcels to the south and east are currently owned and utilized by Kitsap County providing office space and parking. Mayor Protem Morrison called for audience comments from those in favor of Planning File No. CA-12-02, Kitsap County Administration, proponent. Karen Ross, Kitsap County Project Manager, spoke in favor of the proposed amendment and advised Kitsap County is proposing street improvements in the area as well as, in the future they will be asking for a street vacation of the alley within the proposed site. Ms. Ross discussed the proposed construction of a public administration building. Richard A. Brown, local realtor, spoke in favor of the proposed amendments. Mayor Protem Morrison called for audience comments from those in opposition to Planning File No. CA-12- 02, Kitsap County Administration, proponent. As no further comments were received, Mayor Protem Morrison closed the public input portion of the Public Hearing. This matter will be presented to the City Council for their consideration at the December 23, 2002 City Council meeting. Mayor Protem Morrison opened the 7:35 PM Public Hearing regarding the proposed Citywide Comprehensive Plan Map Amendment, Planning file No. CA-11-02, City of Port Orchard, proponent. City Planner Wenman advised the City is proposing revisions to the City's Comprehensive Plan Map that will apply the adopted Medium Density Residential Land Use Category (8-12 dwelling units per acre), to selected properties citywide. This will be applied primarily to certain properties currently designated as High Density Residential and Zoned R8, but also includes other select properties citywide. City Planner Wenman acknowledged the Planning Commission has reviewed the proposed amendment and has recommended December 9, 2002 Page 4 of7 denial of the proposed Medium Density Residential Comprehensive Plan Mapping, to allow for the Planning Commission to consider the mapping with greater scrutiny in 2003. Mayor Protem Morrison called for audience comments from those in favor of Planning File No. CA-11-02, City of Port Orchard, proponent. Richard A. Brown, local realtor, spoke in favor of the proposed amendments. Mr. Brown suggested the City place Kitsap County's unincorporated properties, which are adjacent to the city limits and their zoning designations on the City's zoning map. The City needs to make sure that the city's infrastructure will support the proposed densities. Mayor Protem Morrison called for audience comments from those in opposition to Planning File No. CA-11- 02, City of Port Orchard, proponent. Kim Abel, 228 Goldenrod, spoke in opposition to the proposed amendments. Ms. Abel expressed a concern with the proposed amendments being approved and in place before development guidelines are established. Mayor Protem Morrison called for further audience comments either for or against Planning File No. CA-11- 02, City of Port Orchard, proponent. As no further comments were received, Mayor Protem Morrison closed the public input portion of the Public Hearing. This matter will be presented to the City Council for their consideration at the December 23, 2002 City Council meeting. Mayor Protem Morrison opened the 7:35 PM Public Hearing regarding the proposed Citywide Comprehensive Plan Text/Map Amendment, Planning file No. CA-13-02, City of Port Orchard, proponent. City Planner Wenman advised the City is proposing a new Comprehensive Plan Land Use Category of Greenbelt to correspond with the Greenbelt Zoning category. Those lands that meet the criteria will be mapped as "Greenbelt", on the Comprehensive Plan Map. The Greenbelt designation reflects an area that has a high percentage of critical area on an area-wide basis. City Planner Wenman further advised the Planning Commission has reviewed the proposed amendments and recommends approval of the proposed Greenbelt Text and recommends denial of the mapping objectives and proposed map. The Planning Commission also requested these items be remanded back to the Planning Commission to be reconsider in 2003. Mayor Protem Morrison called for audience comments from those in favor of Planning File No. CA-13-02, City of Port Orchard, proponent. Jeff Davis, representing Washington State Fish and Wildlife, spoke in favor of the Greenbelt designation. Ron Rice, 369 Sedgwick Road, also spoke in favor of the Greenbelt designation. Mayor Protem Morrison called for audience comments from those in opposition to Planning File No. CA-13- 02, City of Port Orchard, proponent. Richard A. Brown, local realtor, spoke in opposition of the proposed amendments. Mr. Brown expressed a concern with the required 200 feet setbacks from Ross Creek, Blackjack Creek, etc. He stated that a 200 foot setback is not appropriate or necessary for all properties along the streams. Mayor Protem Morrison called for further audience comments either for or against Planning File No. CA-13- 02, City of Port Orchard, proponent. As no further comments were received, Mayor Protem Morrison closed the public input portion of the Public Hearing. This matter will be presented to the City Council for their consideration at the December 23, 2002 City Council meeting. December 9, 2002 Page 5 of 7 At 9:50PM Mayor Protem Morrison called for a 5 minute recess, with meeting reconvening at 9:55PM. Mayor Protem Morrison opened the 7:35 PM Public Hearing regarding the proposed Comprehensive Plan Amendment, Planning File No. CA-14-02, Evergreen Pacific Foundation, proponent. City Planner Wenman advised the site is approximately 44 acres located on the plateau of the Ross Point Peninsula, abutting SR 166 to the north and west, SR-16 to the south, and the Ross Creek corridor along the eastern boundary. The proponent is requesting to develop an urban residential community with a mix of single family detached and attached housing types and styles. The proponent also proposes to eliminate the Industrial designation and designate the site as Medium Density Residential together with a Rezone from R4.5 to R8 for the subject parcels. The Planning Commission has reviewed the proposed amendment and has recommended approval of the proposed amendment. Mayor Protem Morrison called for audience comments from those in favor of Planning File No. CA-14-02, Evergreen Pacific Foundation, proponent. Dan Pebbles, representing Evergreen Pacific Foundation, gave a brief history of the proposed site, referencing economy shortfalls as the need to redesignate this site from Industrial to Medium Density Residential to allow for a better selling market. Grant Kinnear, attorney representing John McClelland, Jr., General Partner of Chrismarian Partners, owners of approximately half of property known as Ross Point, also supported the proposed comprehensive amendments and further asked for the redesignation from Industrial to Medium Density Residential. Mayor Protem Morrison called for audience comments from those in favor of or in opposition to Planning File No. CA-14-02, Evergreen Pacific Foundation, proponent. As no further comments were received, Mayor Protem Morrison closed the public input portion of the Public Hearing. This matter will be presented to the City Council for their consideration at the December 23, 2002 City Council meeting Mayor Protem Morrison opened the 7:35 PM Public Hearing regarding the proposed Comprehensive Plan Amendment, Planning file No. CA-15-02, Chuck and Marguerite Childress, proponents. City Planner Wenman advised the site is located at the northwest intersection of Tremont Avenue, and Canyon Court, bound by SR-16 along the west, and Ross Creek along the east boundary. The proponents are requesting a Comprehensive Plan Map Amendment to redesignate the subject property from Low Density Residential to Medium Density Residential. The Planning Commission has reviewed the proposed amendment and has recommended denial of the proposed amendment. Mayor Protem Morrison called for audience comments from those in favor of Planning File No. CA-15-02, Chuck and Marguerite Childress, proponents. Chuck Childress, proponent, spoke in favor of the proposed amendment, and asked for Council's concurrence on this amendment to allow the development of their Master Plan. Mayor Protem Morrison called for audience comments from those in opposition to Planning File No. CA-15- 02, Chuck and Marguerite Childress, proponents. Gary Douthit, 1392 Cedar Canyon Place, spoke in opposition to the proposed amendments, expressing a concern with access to the proposed site and potential environmental impacts. Mayor Protem Morrison called for further audience comments from those either in favor of or against Planning File No. CA-15-02, Chuck and Margurite Childress, proponents. As no further comments were December 9, 2002 Page 6 of? received, Mayor Protem Morrison closed the public input portion of the Public Hearing. This matter will be presented to the City Council for their consideration at the December 23, 2002 City Council meeting Mayor Protem Morrison opened the 7:35 PM Public Hearing regarding a request to amend the Port Orchard Zoning Ordinance No. 1748 to permit religious organizations as an allowed use in the Commercial-Retail and Office, and Mixed Use District. City Planner Wenman gave a brief staff report on the proposed amendment to the Port Orchard Zoning Ordinance. This amendment is a result of the City Attorney's review of the current Zoning Ordinance that prohibits worship services in commercially zoned buildings. Pastor Fred Rabinovitz asked for Council's concurrence on the zoning amendment. Fred Chang, 319 Sidney Avenue, expressed a concern with religious organizations using facilities in commercial areas, also citing potential loss of property tax and displacement of businesses. Mayor Protem Morrison called for further audience comments either for or against the proposed amendment to the Port Orchard Zoning Ordinance. As no further response was received, Mayor Protem Morrison closed the public input portion of this public hearing and referred this matter to Council for their consideration. On motion by Councilman Rider, seconded by Councilwoman Powers, Council approved Ordinance No. 1876 amending Port Orchard Zoning Ordinance No. 17 48 to permit religious organizations as an allowed use in Commercial-Retail and Office, and Mixed Use Districts of the City of Port Orchard. City Clerk Parks reported on bid opening held December 5, 2002 at 4:00 PM regarding the Red Barn Demolition and Selective Excavation Project. Six bids were received with the required bid bond as follows: Three Kings Construction Member Management Services RV Associates Caseco Sound Excavation Anderson Environmental Engineer's Estimate $37,279.50 $109,800.00 $36,420.00 $85,220.00 $59,029.50 $31,675.00 $90,500.00 On motion by Councilman Clauson, seconded by Councilwoman Powers, Council accepted the bidding for the Red Barn Demolition and Selective Excavation Project and awarded the contract to the lowest bidder, Anderson Environmental in the amount of $31,675.00. On motion by Councilman Clauson, seconded by Councilman Geiger, Council approved the consent agenda items as follows: a. Minutes of the following City Council meetings: (1) November 25, 2002: regular City Council meeting, as revised (2) 2003 Budget Study Session (3) December 2, 2002 Special Meeting-Public Hearing for the 2003 Budget b. Approval of Claim Warrants Numbers 38221-38298 in the amount of $282,923.56 and November 2002 Payroll Warrants Numbers 336876-136950 and direct deposits in the amount of $276,255.97. December 9, 2002 Page 7 of7 c. Ordinance No. 1977 amending the salary schedule for employees of the City of Port Orchard for the year 2002. (To reflect wage adjustments implemented during the year 2002.) d. Ordinance No. 1878 adopting the budget for the year 2003 to reflect appropriations as designed at the budget hearing held December 2, 2002. e. Authorization for Mayor Weatherill to sign the Traffic Safety Task. Force Mutual Aid Agreement and Inter-local Agreement. On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the City Engineer to negotiate a contract for services with BERGERIABAM and Applied Environmental Services to design the Bay Street Pedestrian Path and obtain the required permits. On motion by Councilman Clauson, seconded by Councilman Morrison, Council excused Councilman Rider from the December 23, 2002 City Council meeting. On behalf of the City Engineer, City Planner Wenman reported on the Call for Proposal to purchase a backhoe. Four proposals were received from three vendors. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council authorized the City Engineer to purchase from Pape Machinery a John Deere 310 SG for a total purchase price including tax of $57,665 and to use the 1984 Case 580 D Backhoe VIN # 9D82751 as a trade-in. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council authorized the Mayor to sign Change Order #1 with Caseco Associates for the Selective Excavation Project for 514 Bay Street contaminated soil. This Change Order increases the contract price from $11,568.74 to $30,018.74. Councilman Clauson directed city staff or the City Attorney to prepare a draft ordinance regulating graffiti, for Council consideration at the next meeting. Councilman Clauson will sponsor this ordinance. At 1 0:55 PM Mayor Protem Morrison adjourned meeting. L--f·l<_ddh~ Michelle Merlino, Deputy City Clerk ~PROTEM