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06/13/2005 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer City of Port Orchard Council Meeting Minutes Regular Meeting of June 13, 2005 Robert Geiger, Mayor Protem Rita Diienno Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Planning Director Long-Woods, City Clerk Etgen, Police Chief Townsend, and Assistant City Attorney Jacoby. 6:30 P.M. CALL TO ORDER Ron Rice led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Consent agenda item "Authorization for Mayor to Sign Contract with Rice, Fergus, Miller Architects" was removed from the consent agenda for consideration at a future meeting. "Authorization for Mayor to Sign Professional Service Agreement for On-Call Service with RH2" was removed from the business agenda at the Mayor's request. "Approval of Amendment to Previously Approved Minutes of March 28, 2005" was added to the consent agenda. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Patrick Lucas, citizen, submitted written questions regarding building permits and a potential water shortage, locations of Council committee meetings and Goldenrod Street's designation as a collector street. Mayor Abel advised Mr. Lucas she would respond to the questions in writing. Fred Olin, citizen, reported on the continued interest to allow the parrots living on the cell tower to remain free. Dousithee Chamberlain, citizen residing at the intersection of Sidney and Goldenrod, reported problems with trucks going by his residence between 11:00 p.m. and 5:00 a.m. He also reported problems with vehicles hitting the telephone and his house by cutting across his yard. Mayor Abel advised Mr. Chamberlain that staff would contact him about the problem. Minutes of June 13, 2005 Page 2 of 10 Kathy Lipka, citizen, expressed concern over building being encouraged in what she felt is a dangerous slide and flood area by Blackjack Creek. She additionally noted the inability of fire trucks and first aid vehicles to travel down Flower Street. Ms. Lipka stated the water pressure in the area had been inadequate to fight a recent fire. She suggested Flower Meadows' storm water drainage evaluation be conducted separately from Leora Park I and II because of differing land and terrain, and asked for a response to her concerns in writing. Warren Adams, citizen, began to speak to the public hearing issue, and Mayor Abel asked him to wait until the appropriate time on the agenda. In response to a question from Mallory Jackson, Bay Street businesswoman, Mayor Abel advised there would be public discussion about the marquee later in the meeting. Ron Phase, citizen, recounted efforts to modify his residence, stating he felt some of Port Orchard's requirements could be considered discriminatory. Council referred the matter to the Growth Management Committee for review. Ted McCammant, citizen, advised Council of the problems he has experienced with his Flower Meadows home since buying it. He asked Council to carefully review the storm water recovery program for any new developments. Christine Sanders, citizen, reported problems with flagging staff and possible violations of state and federal regulations at a construction site in her area. Council Member Diienno conveyed her desire to have a study session to address communication issues with staff. Michael Katterman, President of the Washington Chapter of the American Planning Association, in partnership with the Planning Association of Washington, honored the City with an award for Port Orchard's downtown revitalization plan. Port Orchard was recognized in the category of rural and small town planning. A total of 12 cities were recognized in eight areas of achievement. Chairperson Cramer of the Economic Development Committee accepted the award on behalf of the City. PUBLIC HEARING Gazebo Preliminary Plat and Rezone, Subdiv 04-02/ R1153 Planning Director Long-Woods stated this public hearing was for Council consideration of a preliminary plat and rezoning for the Gazebo Plat. The applicant is Chuck Childress and his agent is Mark Kuhlman. The request for approval of preliminary plat is to subdivide 2.3 acres into 11 lots and rezone the property from R4.5 to R8. The current Comprehensive Plan designation for the property is medium density, and the rezoning will bring the designated area into compliance with the Comprehensive Plan. The property is located at the southwest corner of South Flower and Goldenrod Streets. The City will provide water and sewer. Access into the development is off South Flower Minutes of June 13, 2005 Page 3 of 10 Avenue via a 40-foot wide public right of way. The applicant is proposing 10 feet of South Flower be set aside for future road improvements. Ms. Long-Woods stated the SEPA determination was issued on April 13, 2005 with a 14- day comment period and 10-day appeal period. There were no adverse comments received. The public hearing was advertised in the paper in accordance with legal requirements. The existing lot on the front part of the property contains a single family dwelling. There were comments from the Health Department that the lot has to have an existing septic tank and drain field decommissioned in accordance with the Kitsap County Health Department's guidelines. The existing gazebo is attached and is non- conforming, so will be moved when Lot 2 is developed. Ms. Long-Woods noted there were two public meetings held regarding the plat in 2005 on April 18th and May 16th. Significant testimony by residents in the area involved concerns expressed about access, storm drainage, significant tree locations, and various other improvements they thought were needed in the neighborhood. The applicant is requesting one significant tree, 38 inches wide, be removed and replaced at a ratio of three to one as allowed in the significant tree ordinance. If Council determines the tree must stay, it will be maintained during construction with a protected silk fence around the drip line of the tree in accordance with the recommendation of an arborist hired by the applicant. Ms. Long-Woods recounted that a traffic study had been performed and indicated a service level of "A" in the area, and that it did not appear additional improvements would be needed for the addition of 10 homes to the neighborhood. The conditions of approval were submitted to and amended by the Planning Commission and are part of the proposed resolution. Ms. Long-Woods related that the Planning Commission added Findings of Fact 24 and 25 at the Planning Commission meeting of April 18, 2005 and continued to May 16, 2005. There was considerable testimony received regarding safety issues and the need for improving safety features. The Planning Commission also requested the original conditions be amended to include page five and six of the Resolution, including Condition No. 29 that the applicant agree to participate in a community road improvement project along Goldenrod Street whenever improvements are authorized by Council. The last page of the Resolution added two conditions under landscaping in Condition No. 33 and 34 requiring that prior to the start of cleaning or grading that the applicant shall stake the rear property on Lots 10 and 11 and that a six-foot solid core fence be placed along the south boundary of the property to provide a screen for the development from the mobile home park. Ms. Long-Woods stated staff recommends approval of the plat as submitted. There are significant concerns about the storm water drainage pond. She noted that storm water and drainage plans are generally approved after the preliminary plat approval. The approval of the grading, clearing and storm water drainage pond will be part of the Minutes of June 13, 2005 Page 4 of 10 review process and the project cannot move forward without the storm water plan and final road designs and improvements submitted to and approved by the City Engineer. Mayor Abel opened the Public Hearing to public testimony at 7:16p.m. Mark Kuhlman, Team4 Engineering, representing property owner Chuck Childress, related they are requesting a rezone from R4.5 to R8, and that the Comprehensive Plan has the property designated as residential medium density, allowing for R8 or R12. The minimum lot size is to be no smaller than 5,445 square feet. The proposed lots range in size from 6,260 to 8,433 square feet, all larger than the minimum requirements for this project. Mr. Kuhlman stated the existing gazebo will be removed or relocated to avoid creating a a substandard setback lot line. The traffic impact analysis for streets and intersections put the area at a service level A, and it would continue to be so after the project is approved and constructed, with a delay of less than 10 seconds during peak hours. A 10-foot right of way will be provided and dedicated, with an existing 30-foot right of way. Along with an additional 10 feet, there will be a total of 50 feet of right of way for future upgrades by the City. They are proposing improvements so Flower and this project can have hammerheads to allow emergency vehicles to turn around. Mr. Kuhlman recounted there is a 38-inch significant Douglas Fir tree on Lot 10. The arborist reports it is healthy and should survive. The proposal requests the trees removal because it is believed it will eventually be a hazard to future residents. There were two items the Planning Commission discussed that didn't come through on the staff report, and they were Item 36 should be modified to refer to the City's (not County's) noise ordinance, and the other was a proposal that the fee paid for parks be for the 10 lots to be developed, not including the one already existing, at a cost of $200 per 10 lots for a total contribution to the parks fund of $2000. Mr. Kuhlman related that when the Flower Meadows storm pond was built, it was originally for a five-acre project Mr. Childress envisioned on Fireweed and Sherman, which did not come to fruition. The pond thus has built-in excess capacity. This project of 2.3 acres and 11 lots is much less than the five-acre and 35 lot capacity the pond was built for. A preliminary report demonstrated this, and the final will confirm it. The one concern, he shared, was that the original five-acre parcel was to drain into the south side of the pond through treated bioswale. The 2.3 acre parcel's storm water drainage will enter on the north side of the pond through bioswale that has not been analyzed for flow. Mr. Kuhlman stated they are required by ordinance to provide an analysis and make modifications as necessary to the bioswale to comply with conditions as set forth in the storm water management manual. Quantity control will be provided and quality enhancement will be reviewed and provided. Warren Adams, resident, testified that he was concerned about the quality of fencing being erected by the contractor and worries the project is moving on the fast track. Minutes of June 13, 2005 Page 5 of 10 Michael Preston, resident, also expressed concern about the project moving too quickly and felt issues such as the outdated septic system and property lines were not adequately addressed by the Planning Commission. Mr. Preston stated there was no street lighting and that there were more significant trees than accounted for. He expressed concern about losing his trees because of the close proximity of the construction to his property, not feeling comfortable that the surveying had been properly performed. Jerry Arnett, resident, questioned how the Planning Commission could approve the plat with the many concerns brought before them. He spoke of Comprehensive Plan and Growth Management Act requirements regarding proper infrastructure for new development, and expressed concern over the current road in the area. Council discussed the time limit of five minutes for each speaker and decided to allow each speaker to speak as long as necessary. Mr. Arnett submitted a petition to Council that he stated was signed by approximately 40 people. He read the petition out loud and the exact text is as follows: Petition to Stop New Development. We the undersign do here by petition the City Council to not issue any more building permits to commercial development from Tremont ave. and Sidney to highway 16 and from Sidney to Blackjack creek until the city can make available and implement a plan to bring the infrastructure and L.O. S. up to code. We feel that since rampant development ahs caused a saftey problem in this area it is the responsibility of those that has profited from the development and not the residents, be required to pay for upgrading the L.O.S. Patrick Lucas, resident, discussed the beneficial qualities of trees, and expressed his concern that there were two sets of rules, one for the developers and the other for people of Port Orchard, and asked for background information on the tree ordinance's development. Christine Sanders, resident, spoke of ways Council might promote better future development. Ms. Sanders expressed concern about the significant tree ordinance being compromised by allowing larger trees to be taken down and replaced with more trees. She believes the significant tree in question should be maintained and observed for at least five years, and that drip lines around the trees should be protected. Ms. Sanders also expressed concern about an adequate storm drainage system and wants to ensure the water pressure is adequate for additional development and fire suppression. Minutes of June 13, 2005 Page 6 of 10 Mitch Morey testified he supports the project, and talked briefly of the purpose of the Growth Management Act. Dave Hollar stated he supports the project but feels Council and Planning Commission need to fully analyze future infrastructure needs. Mark Kuhlman responded to the public testimony addressing the concerns expressed, noting that preliminary plat applications are not as refined in detail as they will be in the final application and approval process. Council Member Clauson questioned how future improvement conditions are enforced with new homeowners. Mr. Kuhlman responded by stating that conditions become part of the covenant agreement for the area. City Attorney Combs disagreed, stating the conditional language for contributing to future road improvement is unenforceable, although Council could require a cash deposit by homeowners for future upgrades. Individuals would be reimbursed if the improvements were not made within a certain time period. Council Member Powers proposed to the applicant that they pay $2200 for the 11 lots, rather than $2000 for the parks fund. In response to a question by Council Member Powers, Mr. Kuhlman reported they rely on Puget Sound Energy to make lighting recommendations and none were proposed for this project, apparently based on existing lighting. Council Member Powers expressed concern over the lack of lighting, and Chief Townsend stated he agreed more lighting was needed if the nearest light source was on Flower. Council Member Rider questioned whether the drip lines of trees on adjoining properties could be impacted by the construction; Mr. Kuhlman responded the drip lines on Mr. Childress's property probably are interconnected with those on property within the proposed project. Ms. Long-Woods related that significant trees had been identified at adjoining properties of homeowners and areas where the access road and sidewalks would be placed. She stated the City Attorney feels it would be reasonable to require protection of the root zones of other significant trees in the area especially if construction or grading were to take place within five feet of the root zones of other significant trees. Ms. Long-Woods reported an item that came up in the Planning Commission meetings but was not noted in the staff report to Council. A condition should be added about the requirement for additional setback footage for consideration of significant trees on the north side of the proposed road. She added that Condition No. 29 should contain the Planning Commission's recommendation that the applicant agree to participate in area- wide road improvements as directed in the Comprehensive Plan. Ms. Long-Woods said Minutes of June 13, 2005 Page 7 of 10 that storm water management plans are reviewed before final grading or clearing permits are issued. In response to a question from Council Member Powers, Ms. Long-Woods stated there are no written requirements for a developer to pay $200 per lot in lieu of development of parks; it has been past practice. City Attorney Combs supported Ms. Long-Woods' statement saying Council could require a tot lot or accept payment in lieu of developing the park, and the decision would be up to the applicant. Council Member Diienno suggested staff work with the applicant to determine an equitable value for the acre-or- less sized lot that a park would be comprised of, along with playground equipment. In response to a comment by Council Member Powers, City Attorney Combs noted that homeowners could be required to take over park maintenance in a local development, or the City could maintain it. He also indicated another parcel of land the developer owns, outside the development, could be donated as park property. Gil Michael, Planning Commissioner, voiced his objection to changing the policy in the middle of an application. Patrick Lucas expressed his appreciation of the discussion and stressed the importance of protecting developers and property owner rights equally. Ron Rice, citizen, stated he was in favor of the development because of compliance with the Growth Management Act. Mr. Rice proposed roads could be developed with impact fees in the same manner as provided for with water and sewer infrastructure development. Jerry Arnett questioned why the radius of the road near his property was cut short. Ms. Long-Woods advised him that the City is not allowed to take property from him to widen the road. Mr. Arnett stated the radius is important, and if the application is not complete, it should be turned down. Mr. Arnett also questioned why sidewalks were not included and reiterated concerns about the survey work performed on this project, and questioned whether the property survey was recorded in the Auditor's Office. CONTINUATION OF MEETING PAST ADJOURNMENT TIME Council Member Wyatt moved and Council Member Powers seconded a motion to continue the meeting past adjournment time to 10:30 p.m. Upon vote, motion carried unanimously. RECESS Council recessed at 9:18 p.m. and reconvened at 9:29 p.m. Council Member Geiger moved and Council Member Clauson seconded a motion to continue the public hearing, leaving it open for further public Minutes of June 13, 2005 Page 8 of 10 testimony, as the first agenda item at the next regular meeting. Upon vote, motion carried unanimously. CONSENT AGENDA Council Member Clauson moved and Council Member Cramer seconded a motion to add the "Approval of Ordinance Adding Section 10.12.430 to the Port Orchard Municipal Code Establishing Monetary Penalties for Parking Infractions" to the consent agenda. Upon vote, motion carried unanimously. Councilmember Clauson moved and Councilmember Wyatt seconded a motion approving the Consent Agenda as modified. Upon vote, motion carried unanimously. A. Approval of Minutes of the May 23, 2005 City Council Meeting B. Adoption of Resolution No. 013-05 Acceptance of Ross and Graves Land Donation C. Passage of Ordinance No. 011-05 Arrest Impound Ordinance D. Authorization for Mayor to Sign Memorandum of Understanding with WestNET for Overtime Charges E. Authorization for Mayor to Sign Agreement with Gig Harbor for Use of the City's Outdoor Firearms Range F. Authorization to Surplus Police Vehicle G. Authorization for Mayor to Sign Renewal of South Kitsap Western Little League Lease Agreement H. Authorization for Chief to Sign Letters of Agreement for Temporary Class Assignments I. Authorization for ~~ayor to Sign Contract Vv'ith Rice, Fergus, ~~iller Architects (Tovvnsend) -removed from agenda to be considered at a future meeting J. Approval of Amendment to Previously Approved Minutes of March 28, 2005 K. Passage of Ordinance No. 013-05 re Monetary Penalties for Parking Infractions BUSINESS ITEMS Discussion Regarding the Future of the Marquee The Mayor briefly reviewed Council action up to this point regarding the marquee. Gil Michael, Marty Diienno, Bryan Petro, David Boothby, Christine Sanders, Kathy Michael, Fred Olin, Fred Chang, Diane Chaberg, and Anita Dunsmoore spoke in favor of removing the marquee. Mallory Jackson, speaking on behalf of several business owners, spoke against the full removal of the marquee, proposing alternatives. She stated 27 of the 29 downtown business owners wanted to keep or remodel the marquee. Jack Mandeville also spoke against the removal of the marquee. Minutes of June 13, 2005 Page 9 of 10 Dena Carmack spoke of an alternative to total removal of the marquee. Patrick Lucas spoke in favor of making Port Orchard a unique place to visit. Council Member Wyatt moved and Council Member Clauson seconded a motion, in consideration of the building and business owners of the 700 and 800 block of Bay Street, to discontinue consideration of the EDAW Study's suggestion of the phased removal of the marquee and have the Finance Committee research and report on funds that can be used for the maintenance and upgrade of the structure. Council Member Wyatt added he is working on a plan to lift the financial burden of the property and business owners to achieve this goal. Council Members Rider, Cramer and Dilenno spoke against the motion, and Council Members Clauson, Powers and Geiger spoke in favor of the motion. Council Member Rider proposed returning the marquee to the building owners. Council Member Powers recommended asking for a citizens' advisory vote. CONTINUATION OF MEETING PAST CONTINUED ADJOURNMENT TIME Council Member Wyatt moved to continue the meeting to 11:00 p.m. Upon vote, motion carried with Council Members Clauson, Powers, Wyatt, Rider and Geiger voting in favor of the motion and Council Members Diienno and Cramer voting against the motion. Upon vote, motion made in consideration of the building and business owners of the 700 and BOO block of Bay Street, to discontinue consideration of the EDA W Study's suggestion of the phased removal of the marquee and have the Finance Committee research and report on funds that can be used for the maintenance and upgrade of the structure carried with Council Members Clauson, Diienno, Powers, Geiger and Rider voting in favor of the motion and Council Members Rider and Cramer voting against the motion. Council Member Dilenno moved and Council Member Cramer seconded a motion to reconsider the previous motion and enter it on the minutes. (No vote is required for this motion; it immediately stops action on the motion under reconsideration and moves the item to the next business agenda for further discussion.) Authorization for Mayor to Sign Change Order No. 6 with Pease & Sons for theJWWTF Council Member Clauson moved and Council Member Powers seconded a motion to authorize the Mayor to sign Change Order No. 6 with Pease and Minutes of June 13, 2005 Page 10 of 10 Sons for the Joint Waste Water Treatment Facility in the amount of $228.633.83 plus applicable taxes. Upon vote, motion carried unanimously. ADJOURNMENT At 11:00 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor