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11/14/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 14, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: Rita Diienno John Clauson Todd Cramer Robert Geiger, Mayor Protem Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Planning Director Long-Woods, Public Works Director Abed, Police Sergeant Duncan, Treasurer Tompkins, City Clerk Etgen, and City Attorney Combs. 6:30P.M. CALL TO ORDER Elizabeth Moore led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Mayor Abel requested that Consent Item 5E -"Passage Ordinance No. 024-05 Setting the Amount of Property Taxes to be Raised for the Year 2006" be moved to business. Council Member Powers requested that Consent Item 5H -"Adoption of Resolution No. 025-05 Approval of the Preliminary Plat for Port Orchard Industrial Park Division 2 with Conditions" be moved to business. Council Member Diienno added to Business Item 6I -"Discussion -The Motion to Table." AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Kathy Lipka, resident, requested a handicap parking space be placed in front of City Hall for easier access into City Hall. PUBLIC HEARING SUBDIV 05-04, Preliminary Plat of Port Orchard Industrial Park, Phase 1 Planning Director Long-Woods reported the applicant for the project requested final approval and staff determined the Preliminary Plat application had expired. Planning Director Long-Woods advised the 9.11-acre parcel is located in the Port Orchard Industrial Park on the north side of Clifton Road adjacent to and west of SR 16 and the Tremont Interchange. The applicant proposes to subdivide this parcel into eight lots to be developed for industrial/manufacturing use. Lots 1 - 3 contain an active surface mine, operation permitted by the Department of Natural Resources. When the surface mining operations ceases or the DNR permit expires, these lots will be reclaimed in Minutes of November 14, 2005 Page 2 of 8 accordance with state requirements and the conditions of preliminary plat approval. The proposed plat is already built-out according to the standards that were previously approved by Division 1 and 2. City water and sewer will serve the plat, and an existing storm water detention pond serves the lots. The average lot size is approximately 45,000 sq ft. The Planning Commission heard this application on October 17, 2005 and unanimously approved the application. Norm Olson, N.L. Olson and Associates, representing RV Associates and Warren Lumsden, property owners, agree with the Planning Commissions Conditions of Approval and further agreed with the Planning Commission Resolution No. 19-05. With no one responding to the Mayor's call for public testimony, the Public Hearing was closed at 6:45 p.m. PUBLIC HEARING Proposed Changes to the Zoning Ordinance Eliminating the Requirement for a SOft. Building Circle in a Planned Residential District and to Discuss Minimum Lot Sizes for the Residential 4.5 Zone. Planning Director Long-Woods updated Council on the directive to the Planning Commission and staff to review Zoning Ordinance No. 1748 and to remove the 50-foot development circle requirement from the Planned Residential Development (PRD) section of the code and in all zones; and to make recommendations to change the minimum lot size in the Residential 4.5 (R4.5) zone. Planning Director Long-Woods commented that presently the minimum lot size is 9,680 square feet. The Planning Commission is recommending the removal of the 50-foot building circle and a minimum lot size in a PRD of 6,000 sq ft in the R4.5 zone, and those outside the PRD a minimum lot size of 7,200 sq feet. Planning Director Long-Woods also discussed the recommendation to change the covered surface requirements for maximum coverage and softscaping in the RS and R12 zones. Planning Director Long-Woods stated the Planning Commission did not have a recommendation for the following changes to the zoning ordinance: • Minimum lot size in a PRD for the RS and R12 zones. • Allowing detached housing in the R20 zone within a PRD. Planning Director Long-Woods advised once the changes have been approved and/or amended by the City Council, staff will conduct a SEPA review on the draft proposal in accordance with the Growth Management Act for making the changes to the zoning ordinance. A final draft and resolution will be submitted to the City Council once this process has been completed. At 6:53 pm, Mayor Abel opened the Public Hearing for public testimony. William Palmer, Planning Consultant, supported the removal of the 50-foot circle, however expressed a concern with the removal of the 50-foot circle in the R12 or R20 Minutes of November 14, 2005 Page 3 of 8 zone. Mr. Palmer also voiced a concern with page 116A of the Zoning Ordinance as it relates to the Density Chart. Mr. Palmer advised there is no reference in the Density Chart of the R4.5 minimum lot size, only a reference within the sub notes. Mr. Palmer asked if these corrections could be reviewed. Norm Olson, N.L. Olson and Associates, spoke in favor of allowing detached housing in the R20 zone within a PRO. Gil Michael, 228 Seattle Ave, speaking as Chair of the Planning Commission, concurred with Mr. Olson in allowing the detached housing in the R20 zone within a PRO. Council Member Clauson asked if the proposed changes that are being recommended could address future developments like those found in Poulsbo Place. Planning Director Long-Woods assured Council Member Clauson the zoning ordinance could accommodate these proposed developments. Planning Director Long-Woods advised she would prepare a visual presentation that would demonstrate the proposed changes to the zoning ordinance. With no one further responding to the Mayor's call for public testimony, the Public Hearing was closed at 7:14 p.m. Council Member Rider moved and Council Member Powers seconded a motion to reopen the Public Hearing and continue it to December 12, 2005 to allow for corrections to the staff report and provide to Council a copy of the Planning Commission minutes of October 27, 2005, along with drawings of As-Built Small Developments to illustrate proposed changes to the zoning ordinance, and to verify whether amendments to the Comp Plan should be adopted in conjunction with the City's Zoning Ordinance. Upon vote, motion passed unanimously. PUBLIC HEARING Proposed Changes to the Critical Areas Ordinance. Planning Director Long-Woods presented the Staff Report relating to the Critical Areas Ordinance and advised the updated draft is a compilation of a review of the proposed County changes to their ordinance, consultation with State natural resource agencies, and input received by both the City Council and Planning Commission. Planning Director Long-Woods further commented the purpose of updating the Critical Areas Ordinance is to be in compliance with WAC 365-195-900, which requires jurisdictions to review "best available science." Recommendations were made by both State Fish and Wild Life and the Department of Ecology. These agencies made some changes to stream typing and significant changes to how the City review wetlands. Planning Director Long-Woods further commented she has talked with these agencies since the Council Study Sessions and currently stream typing changes have not been officially designated. Also the Department of Ecology has identified and accepted the new wetland rating system, however it has not been officially adopted as State Standards. Minutes of November 14, 2005 Page 4 of 8 Planning Director Long-Woods further commented the City does have several Management Plans, such as the Ross Creek Management Plan and Blackjack Creek Management Plan. Planning Director Long-Woods reported any proposed development within 200 feet of these Management Plan areas requires an environmental review or review of the Critical Area Ordinance. Planning Director Long-Woods advised the City Attorney made recommendations, adding a definition, for anadromous fish. The Planning Commission recommended increasing the buffer on Type 5 streams from 25 feet to 30 feet, and in the wetland section deleting the "Scoring Criteria". Council Member Wyatt asked for clarification on the necessity of adopting the Critical Area Ordinance. Planning Director Long-Woods advised she is recommending the Council adopt the minimum requirements, such as: • Adding definitions that were not in the prior document • Adding a buffer increase of 5 feet on the stream type • Separating out the Critical Areas Ordinance At 7:40 pm, Mayor Abel opened the Public Hearing. William A. Palmer, Planning Consultant, suggested a map of the proposed changes become a part of the record and available to the public. Mr. Palmer further commented he agreed with most of proposed changes, however noted the following concerns: • There is no deadline, for Kitsap County or the City to adopt the Critical Areas Ordinance by December 31 5t • No requirement to update the Ordinance, or the City's "Best Science Review" • The City should provide testimony from expert witnesses, which have undergone peer review Richard A Brown, local realtor, suggested the City not update the Critical Areas Ordinance until the City Council has heard from expert witnesses. Mr. Brown suggested the City provide 100-foot setbacks on the steep slopes of Blackjack Creek and Ross Creek. Ron Rice, resident, advised the Kitsap County Planning Commissioners do not allow any setbacks over 100 feet. Mr. Rice expressed a concern with large buffer areas, which could limit development for residential and commercial businesses. Mr. Rice cautioned the Council to base their changes on scientist justification. Tim Matthes, resident, reminded the Council according to the Growth Management Act the City needs to identify the problem the City is trying to fix, and identify what the new regulations are, and how the problem will be fixed. Mr. Matthes commented GMA requires continuous public participation and recommends the City keep citizens involved in the process. Minutes of November 14, 2005 Page 5 of 8 Gil Michael, resident, recommended the City not change "Areas of Moderate Geological Concern" to "Areas of Moderate Geological Hazard" due to the fact that there are no criteria in the definitions of Critical Areas that would warrant the modification. Mike Eliason, Kitsap County Association of Realtors, concurred with the recommended changes to the Critical Areas Ordinance as presented by City staff. Mr. Eliason expressed a concern with the Council not having sufficient pubic comment periods. Mr. Eliason further encouraged the City to review their process for identifying the "Best Available Science Review" making sure it meets the requirements of the hearings board. With no one further responding to the Mayor's call for public testimony, the Public Hearing was closed at 8:11p.m. Council Member Wyatt moved and Council Member Clauson seconded a motion to reopen the Public Hearing and continue it to December 12, 2005 to allow for further public testimony and have City staff identify which changes are "housekeeping" and those that are "substantive" changes. Upon vote, motion passed with Council Members Cramer, Powers, Wyatt and Clauson voting in the affirmative and Council Members Geiger, Diienno and Rider casting dissenting votes. Council Member Clauson asked City Attorney Combs for clarification on the process time line. City Attorney Combs clarified the December 1st deadline is not the issue; however, the City needs to be in compliance with the WAC and review the Critical Areas Ordinance. If the City is not in compliance with this requirement it could mitigate any chance the City has to obtain any grant funding. At 8:28 p.m. Mayor Abel called for a recess, with meeting resuming at 8:35 p.m. CONSENT AGENDA Council Member Clauson moved and Council Member Wyatt seconded a motion approving the Consent Agenda as modified. Upon vote, motion carried unanimously. A. Approval of Claim Warrants #44358-44478 in the amount of $973,595.34 and October 2005 Payroll Warrants #139396-139442 and Direct Deposits in the Amount of $328,412.95. B. Approval of October 24, 2005 Minutes C. Approval of November 2, 2005 Special Meeting Minutes D. Emergency Management: i) Passage of Ordinance 022-05 Repealing Ordinance 1336 and Chapter 2.56 of the Port Orchard Municipal Code re Emergency Management (Abel) Minutes of November 14, 2005 Page 6 of 8 ii) Adoption of Resolution 031-05 Authorizing Mayor to Sign Interlocal Agreement with Department of Emergency Management (Abel) E. Passage of Ordinance 021 OS Setting the Amount of Property Taxes to be Raised for the Year 2006 (Tompkins) Moved To Business F. Adoption of Resolution 033-05 Authorizing Surplus of Computer Equipment (Tucker) G. Adoption of Resolution 034-05 Upholding Notice and Order for Abatement of an Unsafe or Unlawful Condition at 1700 Lincoln Avenue (Woodside) H. Adoption of Resolution 03S OS Approval of the Preliminary Plat for Port Orchard Industrial Park Division 2 with Conditions (Long 'Noods) Moved to Business BUSINESS ITEMS Adoption of Resolution No. 032-05 Establishing Fees for the Services Performed by the Police Department Council Member Rider moved and Council Member Powers seconded a motion to authorize the Mayor to sign Resolution No. 032-05 regarding fees for service. Upon vote, motion passed unanimously. Passage of Ordinance No. 023-05 Revising and Renaming Port Orchard Municipal Code 5.20 as it Relates to the licensing of Cabarets Council Member Wyatt moved and Council Member Clauson seconded a motion to pass Ordinance No. 023-05 revising and renaming Port Orchard Municipal Code Chapter 5.20. Upon vote, motion passed unanimously. Discussion and Action -Homeless Housing Grant Program Mayor Abel reported that in the 2005 legislative session a bill was passed called the Homeless Housing and Assistance Program. Local governments that choose to participate are responsible for preparing 10-year plans to reduce homelessness by 50% in each county by July 1, 2015. Funding for the programs that are developed to implement the plan come from an additional $10 surcharge on documents recorded by the County Auditor. Kitsap Regional Coordinating Council is proposing to take on this work as part of the regional planning tasks. The legislation allows this cooperation among jurisdictions and it is the County's responsibility to adopt the 10-year plans. Mayor Abel asked the Council if the City should assert individual responsibility or work with the rest of the jurisdictions in Kitsap County on consolidating plans and projects. Mayor Abel's recommendation is to work with KRCC to implement the plan. Council Member Powers moved and Council Member Geiger seconded a motion to support the City's inclusion in the Kitsap Regional Coordinating Council county-wide task force in order to implement SSHB 2163, the Homeless Housing and Assistance Program. Upon vote, motion passed with Council Members Clauson, Wyatt, Diienno, Geiger, Rider and Powers voting in the affirmative and Council Member Cramer cast a dissenting vote. Minutes of November 14, 2005 Page 7 of 8 Adoption of Resolution No. 026-05 Authorizing the Mayor to Execute an Assignment from McCormick Water Company Council Member Geiger moved and Council Member Wyatt seconded a motion to adopt Resolution No. 036-05 granting a 20-year extension to allow for growth in McCormick Woods and authorize the Mayor to sign the water permit assignment from McCormick Water Company. Upon vote, motion passed unanimously. Authorization for Extra Work by Robinson Noble Saltbush, Inc for Water Rights Processing Council Member Clauson moved and Council Member Cramer seconded a motion to authorize the Mayor to sign the contract to extend Robinson and Noble's services to the City to obtain its water rights for a total amount not to exceed $2,300. Upon vote, motion passed unanimously. Authorization for Mayor to Sign Agreement with Contractor for Emergency Repair of Marquee Council Member Clauson moved and Council Member Geiger seconded a motion to authorize the Mayor to sign an agreement with a contractor for repair of the marquee and sidewalk in front of the building located between Myhre's (739 Bay Street) and JA Michaels (715 Bay Street), in an amount not to exceed $3,000. Upon vote, motion passed with Council Members Clauson, Diienno, Geiger, Powers, Rider and Wyatt casting affirmative votes, and Council Member Cramer casting a dissenting vote. Passage of Ordinance No. 024-05 Setting the Amount of Property Taxes to be Raised for the Year 2006 Treasurer Tompkins reported the Finance Committee is recommending the City levy approximately 112 of the City's banked capacity that will be identified for specific projects to be determined during the budget process. Treasurer Tompkins advised the City's total banked capacity is $431,390; 112 of the bank capacity would be approximately $227,107, which equates to a levy rate of $2.10. Council Member Clauson moved and Council Member Wyatt seconded a motion to adopt Ordinance No. 024-05 to set the property tax levy and the amount of property taxes to be raised for the budget year of 2006. Upon vote, motion passed with Council Members Clauson, Wyatt;. Diienno, Powers and Rider voting in the affirmative and Council Members Geiger and Cramer casting dissenting votes. Adoption of Resolution No. 035-05 Approval of the Preliminary Plat for Port Orchard Industrial Park Division 2 with Conditions. Council Member Powers moved and Council Member Wyatt seconded a motion to adopt Resolution No. 035-05 approving the Preliminary Plat \:__ Minutes of November 14, 2005 Page 8 of 8 application for the Port Orchard Industrial Park, Division 2. Upon vote, motion passed unanimously. Discussion -The Motion to Table Council Member Dilenno asked for clarification on the "Motion to Table." City Clerk Etgen clarified according to Roberts Rules when a motion is tabled and not removed from the table by the next meeting, that the motion dies, and the appropriate motion to make if the matter needs to be brought up at another time, is to continue the matter to a date certain. Council Member Dilenno moved and Council Member Rider seconded a motion to take the approval of the Committee's recommendation for allocation of 2006 Hotel/Motel Tax off the table. Upon vote, motion carried unanimously. Council Member Wyatt moved and Council Member Clauson seconded a motion to continue this motion and discussion to the November 28, 2005 Council meeting. Upon vote, motion carried with Council Members Powers, Geiger, Wyatt and Clauson voting in the affirmative and Council Members Rider, Cramer and Diienno casting the dissenting votes. ADJOURNMENT At 9:30 p.m. Council Member Powers moved and Council Member Geiger seconded a motion to continue this meeting an additional 10 minutes. Upon vote, the motion failed with Council Members Powers and Geiger voting in the affirmative and Council Members Clauson, Wyatt, Diienno, Rider and Cramer casting the dissenting votes. '--!YL~!lR ~Q-;__.\ Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor