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04/11/2005 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILM EMBERS: John Clauson Todd Cramer City of Port Orchard Council Meeting Minutes Regular Meeting of April 11, 2005 Robert Geiger, Mayor Protem Rita Dilenno Carolyn Powers, Excused Ron Rider, Excused Rick Wyatt ALSO PRESENT: Associate Planner Casey, Public Works Director Abed, City Clerk Etgen, Police Chief Townsend, and City Attorney Combs. 6:30 P.M. CALL TO ORDER Jean Shattuck led the audience and Council in the Pledge of Allegiance. PRESENTATION Small lot Development Presentation -Oakridge Homes Scott Walker, Oakridge Homes, presented basic information about a proposed small lot development of 65 to 70 homes on 10 acres. He proposed a development agreement be created while the Zoning Code is refined. City Attorney Combs noted a formal application would come to Council at a later time through the required process. Council will review the information and work with staff in a workshop setting to develop a strategy for tackling numerous Zoning Code changes. APPROVAL OF AGENDA Council Member Dilenno moved and Council Member Cramer seconded a motion to move several items listed under Business to Consent. Council Member Geiger objected, stating he would like the opportunity to discuss the items. City Attorney Combs reminded Council that the Consent Agenda is only for items the entire Council "consents/1 to, thus the motion was not considered by Council. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Patrick Lucas, citizen, requested information on the vote for the March 28, 2005 payment to RH2 for overage costs and questioned why the minutes had not included certain comments. Mayor Abel responded to his questions. PUBLIC HEARINGS Monopole Special Use Permit Associate Planner Casey reported on the request for modification to a Special Use Permit for a wireless communication facility site by Cingular Wireless. The proposal to Minutes of April 11, 2005 Page 2 of 8 replace an existing 60-foot monopole with a 113-foot monopole would expand the site from 450 to 600 feet. The Planning Commission held a Public Meeting on March 21, 2005. Concerns were expressed about the increase in height and the welfare of a nest of Quaker Parrots on the existing monopole. A representative of a bird fanciers' group proposed to capture and remove the parrots. The parrots would be kept in a secure area to protect existing wildlife. The Planning Commission recommended the approval of the proposed amendment to the existing Special Use Permit and asked that Council consider adopting specific requirements for wireless facilities. Currently the City does not address approval criteria for wireless facilities other than through a Special Use Permit. Ms. Casey reported receipt of a recommendation from the State Department of Fish and Wildlife in response to the State Environmental Protection Act (SEPA) paperwork after the Planning Commission held its meeting. E-mail correspondence from Jeff Davis of the Department of Fish and Wildlife sent to the Planning Director and Planning Associate on Thursday, March 31, 2005 at 3:43 p.m., with the subject "Parrots in Port Orchard" reads as follows: Glynis and Joanne, WDFW is recommending the removal of the nest from the cell tower and capture of the birds. The birds could then be kept in captivity within a zoo or as pets. Parrots have been known to spread disease to native wildlife and can have a long-term ecological impact to native wildlife. If you have more specific questions regarding the potential impact of these birds, you can contact Greg Schirato (WDFW District Wildlife Biologist). The Mayor opened the Public Hearing at 7:21p.m. Ron Meckler of the Alaris Group in Seattle, a consultant representing Cingular Wireless, stated the request is to replace an existing 60-foot monopole previously owned by T- Mobile with a new 113-foot monopole. Mr. Meckler presented photographs of the existing site and a simulation of the proposed changes. He noted landscaping and a chain-link fence screen the monopole, and showed a picture of the parrot nest. Mr. Meckler reported they were originally hoping to also service an area in Bremerton from this monopole, however they were not able to do so. A map of the current and proposed service areas was reviewed. A site north of the proposed site on Mitchell had been considered, but there was no room for the expansion needed for the ground equipment. It also would have required replacement of the existing monopole. The possibility of co-locating with CENCOM at a new tower at Fircrest and Mile Hill did not provide adequate coverage according to their analysis. Mr. Meckler continued reviewing area coverage maps. He reported their primary objective of providing service to Port Orchard would be met with this monopole. Minutes of April 11, 2005 Page 3 of 8 Mr. Meckler noted he had spoken with the operators of the rescue helicopter that uses the high school field near the monopole, who indicated if the same Federal Aviation Administration (FAA) standards for lighting on the taller pole were used, it would be adequate. A study performed by an acoustical consultant showed no increase to the current decibel level of 44; State standards are 45. There are no on-site back-up generators, but there will be a plug-in at the site if a portable generator is needed. Back-up batteries are present for outage problems. An independent radio frequency consultant had taken Radiation Frequency (RF) emissions at the proposed site and compared them to Federal standards. With all three carriers operating at the maximum allotted power, they are far below the standards. The radioactive emissions came to .039 of the federally allowed emissions. They do not believe there is a concern or negative health impact on the surrounding community. Mr. Meckler noted other than the height of the monopole, it is compatible with the surrounding neighborhood that is zoned for commercial use in the future. Mr. Meckler talked with representatives from a bird fanciers' association and a wildlife biologist about parrots. He recommends the parrots are trapped, and chicks and eggs are collected and given to pet owners or breeders in compliance with State and Federal standards. Patrick Lucas, citizen, asked questions about the megahertz, frequency, wattage and potential radiation from the proposed monopole. He also questioned the proposed monopole's affect on walkie-talkies, CB's, radios, television and stereo systems. Catherine Clark, citizen and member of Angel Wings, a bird rescue and rehabilitation service, stated she is planning on building a facility and infirmary for the parrots if they are caught. She has made arrangements with the breeders and pet shop owners to take the babies; she is only set up for fledglings and abused birds. She stated she would medicate and care for them until adopted or donated to schools. She stated Mr. Meckler has been very community-oriented in his approach to the problem. Mr. Meckler, at Council Member Clauson's request, responded to Mr. Lucas's questions. He stated Cingular is proposing to operate at two frequencies-one at 1950 megahertz, and one for the merged AT&T and Cingular system at 815 megahertz. The maximum radiated power would be 345 watts. There should be no affect on television, radios, CB's or any other operating frequencies. Cingular and their predecessor, AT&T, had very good records of not interfering with other frequencies. The Federal Communications Commission (FCC) governs these standards, and it is Cingular's obligation to immediately fix any problems reported to them. Minutes of April 11, 2005 Page 4 of 8 Council Member Geiger questioned why the wording "comply with prevailing standards and therefore not cause significant impact on the environment" are used when it may have an impact. Mr. Meckler stated he was only speculating, but he believed it had something to do with how the regulations are written. With no one else coming forward to testify, the public hearing was closed to further public testimony at 7:48 p.m. Council Member Diienno moved and Council Member Wyatt seconded a motion to approve the application for an amendment to the Special Use Permit, SUP1081-AI as conditioned and with the additional condition as recommended by the Department of Fish and Wildlife for the removal of the parrots under staff direction. Upon vote/ motion carried unanimously. Street Vacation -900 Sroufe Street Public Works Director Abed reported an application to vacate a portion of an alley at 900 Sroufe Street was received on February 22, 2005. Mr. Hall, the petitioner, had submitted the $1500 appraisal value of the property. The Street Committee had reviewed the request and recommends approval of the request. It does not run into saltwater. Mayor Abel opened the public hearing at 7:52 p.m. Mr. James Hall of 900 Sroufe Street clarified that Sroufe Street borders Givens Center to the north in Port Orchard and ends one block east of Sidney, while his driveway continues to Harrison Street via a right-of-way and jog on Harrison Street for half a block, and turns onto his property. Mr. Hall stated he and his wife own two lots going down to Blackjack Creek, and that the property in question is an alley right of way between his two lots. Mr. Hall stated they would like to put a garage on their property but there is very little level ground. Vacating the right of way would allow him to put up the garage. He stated the right of way parallels Harrison, Park and Blackjack Creek. Harrison is a regular residential street and then stops behind the Masonic Temple to a gully of brush and trees. An alleyway between Harrison and Park Street goes nowhere and no one would be interested in it except Mr. Hall and his wife. With no one else coming forward to testify, the Public Hearing was closed to further public testimony at 7:57 p.m. Council Member Geiger moved and Council Member Clauson seconded a motion to approve a petition to vacate a portion of City right-of-way adjacent to 900 Sroufe Street as submitted by James Hall and the compensation of $1,500 received from the street vacation will be distributed with a 50/50 split between the Street Fund and the Designated Unreserved Fund Balance for Parks. Minutes of April 11, 2005 Page 5 of 8 Council Member Diienno noted that the alley right-of-way dead-ends into parcels owned by the City with access from Sidney, and thus there was no loss of access to the two City parcels. Upon vote, motion carried unanimously. CONSENT AGENDA Councilmember Geiger moved and Council member Wyatt seconded a motion approving the Consent Agenda. Motion carried unanimously. A. Minutes of the March 28, 2005 City Council Meeting B. Approval of Claim Warrants #43117-43206 in the amount of $1,374,392.33 and March 2005 Payroll Warrants #138935-138995 and Direct Deposits in the Amount of $313,170.95. C. Confirm Designation of Official City Newspaper -The Port Orchard Independent BUSINESS ITEMS Consideration of Notice of Intent to Petition for Annexation -Binn Richard Shattuck, Silverdale, spoke on the behalf of Susan Binn, petitioner. He stated the Binn parcel lies next to land recently annexed by the Cara Land Company, and is within the urban growth boundary, which changed recently when Kitsap County made Comprehensive Plan changes. The parcel, he reported, is pie-shaped and bounded on two sides by Highway 16, directly south of the Cara Land property and will be accessed off Lumsden Road. The access will serve both Leader International and the future industrial site on the Sinn's property. Mr. Shattuck reported they had assumed the Cara annexation had taken in a small easement between their properties, and that if it had not been annexed, they request their petition be revised to include the parcel. Council Member Clauson moved and Council Member Geiger seconded a motion to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of City indebtedness by the area to be annexed. In response to a question by Council Member Diienno, City Attorney Combs stated concerns about roads should be addressed before the actual annexation is considered, but at this time Council was simply authorizing the circulation of a petition. Upon vote, motion carried unanimously. Minutes of April 11, 2005 Page 6 of 8 Adoption of Ordinance 007-05-Unpaid Ticket Impound Council Member Dilenno moved and Council Member Wyatt seconded a motion to pass Ordinance No. 007-05 authorizing the impoundment of vehicles with unpaid parking tickets and adopting a new section 10.12.475 of the Port Orchard Municipal Code. Upon vote, motion carried unanimously. Adoption of Ordinance 008-05 -Parking Fines and Fees Council Member Dilenno moved and Council Member Wyatt seconded a motion to adopt Ordinance No. 008-05 amending section 10.12.430 of the Port Orchard Municipal Code increasing monetary penalty for parking infractions. Council Member Geiger spoke against the motion stating it was an inopportune time to increase parking infractions with the courthouse parking access being limited. He also stated he felt it was not necessary to increase fines for downtown parking infractions. Upon vote, motion to pass the ordinance failed for lack of four votes. Council Members Wyatt and Diienno voted for the motion, and Council Members Cramer, Clauson and Geiger voted against the motion. Adoption of Resolution 011-05 -Changes to Parking Downtown Council Member Clauson moved to adopt Resolution No. 011-05 establishing regulations and fees related to parking, stopping or standing in certain areas of the City and repealing Resolution No. 2069. (Motion was not seconded.) Adoption of Ordinance 009-05 -Farmer's Market Business License Exemption Council Member Dilenno moved and Council Member Clauson seconded a motion to pass Ordinance No. 009-05 exempting vendors at the Farmers' Market from Business License requirements. Upon vote, motion carried unanimously. Discussion -Building Official/Inspector Services ILA with Kitsap County (Continued from Meeting of March 28, 2005) No discussion. Staff will bring information to Council in the future. Authorize Mayor to Sign Public Works Consultant Services Contract with Waldron Resources Council Member Cramer moved and Council Member Dilenno seconded a motion to authorize the Mayor to sign a consultant services contract with Waldron Resources to provide continuing assistance for the Public Works Director transition for four weeks, for no more than 15 hours per week. Upon vote, motion carried unanimously. Minutes of April 11, 2005 Page 7 of 8 Update of Sewer Rate Study Public Works Director Abed reported he hopes to bring this item back to Council at the meeting of April 25, 2005. Discussion -Status of Council Assignments Council Member Dilenno reported she had been working with staff to create a mechanism for tracking Council action items. A form was presented for Council consideration, and will be provided to Council Members with the departmental monthly report. Extension of Current Cable TV Franchise Period Council Member Clauson moved and Council Member Dilenno seconded a motion to adopt Ordinance No. 006-05 amending Port Orchard Municipal Code section 5.72.100 to extend the term of the current cable TV franchise to June 30, 2005. Upon vote, motion carried unanimously. Approval of Change Order #4 WWTF-Phase II Council Member Clauson moved and Council Member Wyatt seconded a motion to approve Change Order No. 4 for the Waste Water Treatment Plant upgrade project as presented by the Public Works Director. Upon vote, motion carried unanimously. COUNCIL/MAYOR & STAFF REPORT Council agreed with the Finance Committee's recommendation as reported by Council Member Clauson to distribute a survey to utility bill customers to determine interest in automated payment options. Customers responding to the survey will receive $1 off their utility bill. Council Member Clauson reported the Mayor along with citizen volunteers will be conducting a telephone survey of 100 Port Orchard residents with cable television to determine the amount of interest in having City Council meetings broadcast. Public Works Director Abed reported Robert Ross has expressed interest in donating a piece of property behind the Kentucky Fried Chicken store; the matter will be taken to the Public Property Committee for review before coming back to Council. He also updated Council on the Tremont Street improvements. The following committee meetings were set during the Council meeting: Finance, Insurance & Negotiations-May 10, 2005, 7:40 a.m. -City Hall Water, Sewer, Solid Waste & Health-April 18, 2005, 6:00 p.m. -City Hall Growth Management-April 21, 2005, 7:30 a.m. -JA Michaels (tentative) Minutes of April 11, 2005 Page 8 of 8 EXECUTIVE SESSION Council moved into executive session at 8:48 p.m. to discuss personnel issues. Council reconvened into regular session at 9:05 p.m. ADJOURNMENT At 9:05 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor