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08/08/2005 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer City of Port Orchard Council Meeting Minutes Regular Meeting of August 8, 2005 Robert Geiger, Mayor Protem Rita Diienno Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Treasurer Kristine Tompkins, Planning Director Long-Woods, Public Works Director Abed, Court Administrator Hunt, City Clerk Etgen, Police Chief Duncan, and City Attorney Combs. 6:30P.M. CALL TO ORDER Kristine Daniels led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Council Member Wyatt requested the Business Item "Discussion and Action - Appointment of Ad Hoc Committee for Urban Growth Planning Discussions with City of Bremerton" be removed from the agenda in order for the City Attorney to review information he provided at the meeting, and brought back to a future agenda if appropriate. Mayor Abel added a presentation to the agenda. Council Member Rider requested "Authorization for Mayor to Sign Contract for Library Roof Repair" be moved to Business. Council Member Diienno requested "Passage of Ordinance 018-05 Parking Prohibitions on City Owned or Operated Parking Lots" be moved to Business. PRESENTATION The Mayor presented a gift certificate to Bryan Hayek, the high school student hired to video-tape Council and Planning Committee meetings who was video-taping his last meeting for Council after graduating and moving on to college. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Jerry Arnett, resident, expressed his displeasure with Council's recent action regarding the Gazebo subdivision, citing past Council minutes and the Comprehensive Plan. Minutes of August 8, 2005 Page 2 of 10 Patrick Lucas, resident, handed out a Latecomers Agreement to Council and expressed concern over what he interpreted as a lien against his property without notification. Dousithee Chamberlain asked for a written response to concerns he expressed at an earlier Council meeting. Mayor Abel explained Council would be negotiating with Wave Cable for the opportunity to broadcast of Council meetings. PUBLIC HEARING Rezone 1148 -Rl Paul Berg Planning Director Long-Woods presented an application for a revision to a Site Specific Rezone (R-1148-R1) originally approved by Council on June 14, 2004 subject to 22 conditions. The applicant is requesting to increase the building size from 4200 square feet to 9400 square feet and to relocate the access from South Kitsap Boulevard to Pottery Avenue. The property is located at the intersection of Pottery and South Kitsap Boulevard, Section 34, Township 24N, Range 1E. A Comprehensive Plan amendment changed the designation from residential to commercial. Later, a Site Specific Rezone application for commercial designation was approved. Two conditions were established through the Comprehensive Plan amendment; 1) access off of South Kitsap Boulevard and, 2) the building had to be used for professional office space or medical clinic type use. The applicant would like to increase the size of the building and orient the building entrance to the west with parking in front of the building, and change the access to Pottery Avenue with frontage improvements. There is an existing easement onto the property that provides access to two residential parcels. One of those parcels will be coming in with a rezone request and Site Specific Plan at a later date. The other is a single-family residence and the applicant will advise whether an agreement has been established to maintain access to the single-family residence. Ms. Long-Woods reported the applicant has asked for approval of 31 parking spaces. 38 parking spaces are legally required based on the square footage of the building, however the Code allows for a decrease in the required spaces based on the location near a bus stop and main transit line. The applicant is requesting the elimination of seven spaces based on the inclusion of three carpool spaces and a bike space. Landscaping plans for frontage improvements have not been submitted for staff review, and the applicant will work with the City Engineer through the site development process. The applicant wanted to see if Council would approve the relocation of the building access and building size before moving forward with substantial engineering costs for site development plans. Ms. Long-Woods advised that staff recommends approval of the application subject to the conditions. She expressed a concern about the transit stop at the entrance; the site plan does not clearly lay out how pedestrians get around the corner to the main access. The City Engineer advises this could be designed properly during the site development process. Minutes of August 8, 2005 Page 3 of 10 Planning Director Long-Woods, responding to a question by City Attorney Combs, reported that notices had been mailed out to adjacent property owners the same day the public hearing notice had been published. City Attorney Combs reminded Council Members of the quasi-judicial nature of the hearing. No Council Member requested to be excused from the discussion, and no audience member indicated any reason a Council Member should be excused from the discussion. Mayor Abel opened the public hearing to testimony at 6:55 p.m. Paul Berg, Gig Harbor, stated he and his wife are the applicants for the proposed development. Mr. Berg indicated a concern about the steepness of South Kitsap Boulevard, and expressed his desire to move the access to Pottery Avenue. He reported the previous City Engineer had originally told him that it had to come off South Kitsap Boulevard, but the current City Engineer has agreed that it would be safer to access the property off of Pottery Avenue, and he did not want to expend a lot of funds until he found out how Council felt about it. Council Member Diienno requested information on why the back of the building was facing the street, and expressed concern over pedestrian traffic being able to gain entry from the street as well as back parking lots. Ms. Long-Woods advised there were three doors on the Pottery Avenue side of the building, and that perhaps some architectural amenities could be made to the street facade. The applicant suggested the building might be able to be reversed; Council Member Diienno stated it was not her intent to remove the building's view, just maintain a good streetscape. In response to a question by Council Member Cramer, Ms. Long-Woods stated the drawings are new; they are not the version the Planning Commission reviewed. In response to a question by Council Member Clauson, Mr. Berg reported there is a dentist who has expressed interest in becoming a tenant of the building. Patrick Lucas, resident, stated there appeared to be structures in the roadway easement and that the plans need to address whether they will remain or how they will meet setback and access requirements. Mike Bell, resident, stated he owns the property furthest back and uses the easement access road. He stated the roadway being used now is not legally an access road, and that it will create problems for him eventually. He questioned whether he would be allowed to develop his property in a similar way with 31 or 37 parking lots as allowed in this development five years down the road, or if he would be denied an application because of limited access. Mr. Bell also stated his electrical lines go across Mr. Berg's property, and that there is a three-way easement that includes the house in front of theirs. He stated the electrical pole was paid for in 1981, and that his ex-father-in-law had permission to set the pole where it exists. The other home is not currently using power, so it is coming straight to his home. He questioned who was going to pay for it being removed. His water also comes across Mr. Berg's property, and he stated it does Minutes of August 8, 2005 Page 4 of 10 not follow the legal easement, either. Mr. Bell stated his ex-father-in-law passed away and his ex-mother-in-law sold the property, and that they have been property tax payers since 1980. Mr. Bell pointed out where his property and the easement lines are on the map Council was reviewing. He stated the legal easement comes through the middle of his house, and that he tried to work out an agreement for Mr. Berg to build a home for him in Gig Harbor in return for his property, but it has not worked out. There was further discussion about property lines and the two homes. Ilene Sunday Bell, resident, stated she is Mr. Bell's wife, and asked when the access from the east side had been conditioned. Ms. Long-Woods responded it was a condition of the Comprehensive Plan Amendment. Ms. Bell noted it appeared that Mr. Berg was requesting a building size change to 9400 square feet with 38 parking stalls. She asked if both of the adjacent property owners built the same types of property if they would be able to have the same number of parking lots, or if there would be a limit for the one and one-half acre parcel the properties were located on. Ms. Bell reiterated that there are utilities on the existing easement, which is not a legal easement, and she questioned what Council proposed for the development of easement agreements requiring joint location of utilities. She stated it appeared there would be no construction permits issued prior to a joint agreement regarding the easement being developed. Ms. Bell asked what kind of financial ramifications this would have on the three property owners, and stated unlike the other two property owners, they live in their home and have current utilities including water, cable and telephone. She asked if they would have to bear the cost of relocating utilities. Gil Michael, Planning Commissioner, stated he agreed with Council Member Dilenno's comments about the east elevation of the building. Mr. Michael reported it is his recollection that Mr. Berg did agree to change the elevation to match or closely match the elevation of the west side. Mr. Michael spoke against the reduction in parking spaces, stating Mr. Berg's report on the building lists 25 employees. Mr. Michael expressed his belief that transit, carpooling and ridesharing would not provide enough relief to justify a reduction in parking spaces. He noted it would leave only six parking spaces, excluding handicapped spaces, for patients, guests and deliveries. Mr. Michael advised that even though the building meets setback requirements he has a concern about the building being on a corner property with an elevation that presents an unpleasing frontage to a major street like Tremont Street. He requested Council approve modification with the east elevation issues being addressed and no reduction in parking. He also spoke against the 100 percent increase in building size. Paul Berg clarified it was not their intention to put the easement through the center of Mr. Bell's home, and they would use the existing driveway and square it off. Nor was it their intention, he said, to deny access to the home. Mr. Berg stated he is not merely attempting to maximize the building site, and is using the property as a retirement investment. He stated he is not a developer, and is attempting to develop a property Minutes of August 8, 2005 Page 5 of 10 that will benefit the community with tax dollars. Mr. Berg stated he has attempted to discuss the easement with Mr. Bell and has had no response. Mr. Berg stated they could move the location of the trash, and that the other property owner is intending to develop the property and there is an encroachment on an existing structure, but it will be moved. In response to a question by Council Member Powers as to whether Mr. Berg had any concerns about the conditions, Mr. Berg stated he had not had an opportunity to go over the plans he received on Saturday with his engineer. He stated the staff worked well and upon an initial reading he had no concerns. Council Member Powers referred to the requirements for a stormwater system and asked if he or one of the adjacent property owners, Mr. Williams, would be responsible for the system if it were found to be inadequate. Ms. Long-Woods responded that Mr. Berg had, in initial meetings, proposed to design a stormwater system and stub-out to Mr. Williams' property. Mr. Williams had been present at one of the pre-application meetings and had been agreeable to the proposal, and that he understands he may be responsible for upgrading or changing the size of the system if he adds further development to his property. Council Member Powers proposed changing the wording in the condition to indicate that Mr. Berg is not responsible for upgrading of the system if there is further development in the area on other properties. Council Member Powers asked if Mr. Berg had approached the other property owners with correspondence about a proposed easement agreement. Mr. Berg stated he is aware of the encroachment of utilities on the easement, but that he has only discussed the issue with Mr. Williams. In response to a question from Council Member Diienno, Mr. Berg stated the building size had increased mainly in going up to a second story, but it is a bit wider. Mr. Berg stated he would move the power lines underground. Council Member Clauson asked how the developer intended to encourage ridesharing and carpooling. Mr. Berg responded he had not thought about it but that he was willing to look into it. City Attorney Combs responded to a question from Council Member Clauson about how to ensure carpooling and ridesharing are required by stating it would be an enforcement issue and that the building owner would be in violation of conditions of occupancy permits if conditions are not met. Council Member Rider questioned whether the number of parking spaces had changed with the building size; Mr. Berg responded he believed the original number was 29 spaces, and that some of the parking was on the other side of the easement that had been established originally. Minutes of August 8, 2005 Page 6 of 10 Mr. Berg asked Council to consider the fact that this building would be smaller in square footage than most of the surrounding buildings and that he hoped road improvements and a left-hand turn lane would be considered in the future. Larry Williams, property owner to the north of Mr. Berg's property, recommended approval of the increase in square footage because of aesthetic reasons. He feels it looks better as currently designed and is more functional and fits the needs of professionals who will lease from Mr. Berg. He additionally asked for approval of the entrance off of Pottery Avenue for safety reasons, noting the dangers Kitsap Boulevard pose during icy conditions and with poor visibility issues. Mr. Williams stated the City would gain the benefit of improvements to Pottery including sidewalks, curbs, gutter and paving, along with landscaping. Mr. Williams also recommended approval of the reduction in parking spaces, stating he believed the developer would work with the space allowed and review benefits like ridesharing. He stated the property was short plated in 1980 with an ingress and egress already established. There is a gravel road that follows the easement from Pottery on the north, going south. Mr. Williams believes Mr. Berg's description of the roadway easement is accurate. The roadway surface is currently graveled and will be paved with utilities put underground and stormwater issues handled. The structures currently on his property will be removed. A structure is being constructed to the southwest and will fit in with the neighborhood. Mr. Williams reported he bought the property to develop it, and that it would improve tax revenues to the City. Eric Kvinsland stated he is not a resident of the City of Port Orchard, but that he sold the property to Mr. Berg, and that Mr. Berg has been attempting to develop the property for several months. He expressed his opinion as a citizen in the area that gateways are needed into Port Orchard and that Harrison Hospital, Stafford Suites and the Alzheimer's facility have come in and the area was rezoned for this purpose. Mr. Kvinsland stated the situation is embarrassing and keeps developers out of the area. He stated it is obvious the access should be off of Pottery because the other access is too steep with ice dangers and a severe right angle turn. Mr. Kvinsland stated he has known Mr. Berg for several months and that he is the type of quality developer the City wants to encourage in Kitsap County. Mr. Kvinsland stated he has seen Mr. Berg's Gig Harbor properties, and that Mr. Berg has done everything possible to work with the neighbors. He questioned why the City of Port Orchard was discouraging developers, and stated he was tired of the situation. City Attorney Combs expressed a concern that Mr. Berg's architect had not been able to review the conditions outlined in staffs recommendations. Mayor Abel recommended a continuation of the pubic hearing in order for the architect to have an opportunity to review the recommendations. Minutes of August 8, 2005 Page 7 of 10 Mr. Berg expressed a concern about continuing the hearing, and was advised that once the conditions were laid out by Council, they were non-negotiable and any changes would have to be brought back before Council. Mr. Berg asked for a recess to have time to confer with his wife. RECESS Council recessed at 7:51 p.m. and reconvened into the public hearing at 7:58 p.m. Mr. Berg asked for clarification about the landscaping plan. Ms. Long-Woods stated a plan had not been submitted and therefore there was no way for staff to figure out percentage requirements. Mr. Berg stated two weeks would allow for time to present the plan. Ms. Long-Woods stated the Bergs had already submitted three redesigns and gone through three different approval processes, and that Mr. Berg was hoping to receive approval for the building size and street access changes tonight. There was further discussion on the advantages and disadvantages of moving ahead with approval as presented, or to wait and continue the hearing. Mr. Berg was advised the ability of staff to review a landscape design before the next meeting would depend on when it was presented to staff. Mr. Berg asked to continue the hearing. Council Member Cramer moved and Council Member Rider seconded a motion to continue the pubic hearing to the meeting of August 22, 2005. Council Member Clauson requested that a specific plan to encourage ridesharing be developed. Council Member Cramer asked that the maps be modified to correctly indicate east and west sides of the building. Ms. Long-Woods responded to a question by Council Member Diienno by stating the standard setback for a building of this type in the front yard is 10 feet from the public right-of-way. Upon vote, motion carried unanimously. CONSENT AGENDA Councilmember Clauson moved and Councilmember Wyatt seconded a motion approving the Consent Agenda as modified. Motion carried. A. Approval of Study Session Minutes of June 2, 2005 B. Approval of Council Meeting Minutes of July 25, 2005 C. Approval of Claim Warrants #43847-43934 in the amount of $1,398,801.44 and July 2005 Payroll Warrants #139167-139256 and Direct Deposits in the Amount of $463,422.29. D. Authorization for Mayor to Sign Field Lease Agreement with South Kitsap Pee Wees E. Authorization for Mayor to Sign Field Lease Agreement with South Kitsap Babe Ruth Minutes of August 8, 2005 Page 8 of 10 F. Authorization for Mayor to Sign State of Washington Imaging and Preservation Services Agreement G. Authorization for Mayor Abel to Sign Joint Wastewater Treatment Soil Contamination Settlement Agreement and Release H. Authorization for ~1ayor to Sign Contract for Library Roof Repair-Moved to Business I. Authorization for Mayor to Sign Agreement with Trane for City Hall HVAC Maintenance l. Passage of Substitute Ordinance No. 008-05 Correction a Scrivener's Error in the Legal Description for the 900 Sroufe Street Vacation K. Passage of Ordinance 018 OS Parking Prohibitions on City Owned or Operated Parking Lots-Moved to Business BUSINESS ITEMS Authorization for Mayor to Sign Contract for Library Roof Repair Council Member Rider asked if there had been local business bid on the roof repair. Public Works Director Abed reported there had been no other responsive bids submitted. Council Member Rider moved and Council Member Powers seconded a motion to authorize the Mayor to sign a contract with Garland Company to repair the library roof for an amount not to exceed $5,000. In response to a question by Council Member Powers, Mr. Abed reported the roof should last for at least five years before a new one is needed. Upon vote, motion carried unanimously. Passage of Ordinance 018-05 Parking Prohibitions on Citv Owned or Operated Parking Lots Council Member Diienno moved and Council Member Wyatt seconded a motion to pass Ordinance No. 018-05 establishing parking prohibitions on City-owned or operated parking lots. Upon vote, motion carried unanimously. Adoption of Resolution 020-05 Increasing Conflict Defense Panel Attorney Fee And Increasing the Judge Pro-Tem Fee Council Member Diienno moved and Council Member Wyatt seconded a motion to adopt resolution No. 020-05 increasing the Conflict Defense Plan Attorney fee and increasing the Judge Pro-Tem fee. Upon vote, motion carried unanimously. Authorization for Mayor to Sign Consultant Agreement with Berger/Abam Engineers for the Tremont Street Widening Proiect Minutes of August 8, 2005 Page 9 of 10 Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign the consultant agreement with Berger/Abam Engineers for the Tremont Street widening for a total amount not to exceed $45~000, and that the widening project shall include a landscaped buffer that incorporates two-way left turn lanes down the length of the project. Upon vote, motion carried unanimously. Authorization for Mayor to Sign Interlocal Agreement with Kitsap County for Building Official and Inspector Services Council Member Cramer moved and Council Member Diienno seconded a motion to authorize the Mayor to sign an Interlocal agreement with Kitsap County for Building Official and Inspection services. Upon vote, motion carried unanimously. Discussion and Action -Marquee Jo-Refer Design Review of the Marquee to Public Propertv Committee Public Works Director Abed reported he met with Mr. Miller, a retired Structural Engineer, for an exterior assessment of the Marquee. His recommendation was for structural work to be done on the marquee based on evidence of dry rot on the bracings, but not the vertical columns. There was evidence of significant damage to the structure due to water runoff and improper installation. Mr. Abed requested permission to move forward with hiring a Structural Engineer to provide a detailed assessment. Council Member Clauson expressed his viewpoint that the matter should be placed into the Public Property Committee for a full evaluation of the issues rather than just an engineering assessment. Council Member Clauson moved and Council Member Wyatt seconded a motion to move the review of recommended action regarding the marquee and review of appropriate signage for the 700 and BOO blocks of Bay Street to the Public Property Committee, in conjunction with the Finance Committee for available funding recommendations. Council Members Rider, Dilenno and Cramer expressed concerns about the City's liability and their desire to move forward on the issue and not move the issue into another committee. Upon vote, motion carried with Council Members Clauson, Dilenno, Geiger, Powers and Wyatt voting in the affirmative, and Council Members Cramer and Rider casting dissenting votes. Minutes of August 8, 2005 Page 10 of 10 Y Authorization to Contract with a Structural Engineer from the Professional Services Roster for Evaluation of the Marquee Council Member Clauson moved and Council Member Wyatt seconded a motion to defer the decision about hiring a Structural Engineer until the Property Committee has an opportunity to review the scope of the requirements and come back to the Council with a recommendation. Upon vote, the motion carried with Council Members Clauson, Geiger, Powers and Wyatt casting affirmative votes, and Council Members Cramer, Diienno and Rider casting dissenting votes. EXECUTIVE SESSION At 9:04 p.m. Council went into executive session for the purpose of discussing potential litigation. Council reconvened into regular session at 9:22 p.m. Authorization for Mayor to Sign Contract Amendment with Entranco for the JWWTF Council Member Rider moved and Council Member Clauson seconded a motion authorizing the Mayor to sign the contract amendment with Entranco for the Joint Waste Water Treatment Plant contingent upon the City Attorney revising the contract language to ensure termination by the City of the contract at any time without penalty. Upon vote, motion carried unanimously. COUNCIL/MAYOR & STAFF REPORT The following committee meetings were set either during the Council meeting: Finance, Insurance & Negotiations-August 9, 2005, 7:30 a.m. & August 10, 2005, 6:30 p.m. -City Hall Public Property Committee-August 11, 2004, 7:30 a.m.-JA Michaels Utility Committee Meeting-August 9, 2005, 6:30 p.m.-City Hall ADJOURNMENT At 9:26p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor