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03/13/2006 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 13, 2006 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Diienno Tye Moore Carolyn Powers, Mayor Protem Rick Wyatt ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, City Clerk Etgen, Deputy City Clerk Merlino and City Attorney Combs. 6:32 P.M. CALL TO ORDER Eric Baker led the audience and Council in the Pledge of Allegiance. State Representative Derek Kilmer, presented an update on the last legislative session. Representative Kilmer discussed in detail the legislative bills that he sponsored and co- sponsored during this past session. PRESENTATION County Commissioners-10 Year Comprehensive Plan Update Kitsap County Commissioner Chair, Jan Angel introduced the County staff responsible for the review of the 10-year Comprehensive Plan Review and Update. Erik Baker, Kitsap County Project Manager, presented the process for the 10-Year review and update required by the Growth Management Act. The review will cover five main items as follows: • Review and study of the Sub-Area Plans, which include Kingston, Silverdale and the Port Orchard/South Kitsap areas • The Urban Growth Areas will be reviewed relative to population and employment criteria • Review of the funding for Transportation and Capital Facilities Planning • Development of the Rural Wooded Incentive Programs • Review of code development, i.e. SEPA review, zoning procedures, etc. Mr. Baker also discussed the aggressive schedule necessary to accomplish this task by December 31, 2006. Mr. Baker presented an outline of the many public workshops that Minutes of March 13, 2006 Page 2 of 8 have been scheduled in North Kitsap, Central Kitsap and South Kitsap. All notices can be found at www.mykitsap.org. APPROVAL OF AGENDA Council Member Chang moved from Consent Agenda Item to Business Item -"6F. Adoption of Resolution No. 011-06 Transfer of Police Dog". Council Member Dilenno moved from Consent Agenda Item to Business Item -"6B. Minutes of the February 27, 2006 City Council Meeting". Mayor Abel removed the Executive Session from this agenda. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Patrick Lucas, 232 Goldenrod Street, asked the Mayor for clarification on who is considered a City resident. Mayor Abel advised she will take this question under legal advisement and will respond in writing. Dousithee Chamberlain, 2205 Sidney Avenue, asked for clarification on how a Council Member can vote on a proposed development, if this Council Member has vested interest in the development. Mayor Abel advised the project Mr. Chamberlain referred to has not come before the Council for a vote. Howard Minor, resident, expressed a concern with limiting audience comments to three minutes. Kathie Lipka, 2505 South Flower Avenue, expressed a concern with an asbestos problem at 118 Goldenrod. Mayor Abel directed staff to prepare a written report on this matter with a copy of the report sent to Ms. Lipka. Mike Eliason, Kitsap County Association of Realtors, requested the City Council discuss the governance of the City, such as either a full time Mayor position or full time City Manager position. PUBLIC HEARING Jeremiah Proiect, LLC-Rezone R1175 City Attorney Combs reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. City Attorney Combs further advised it is required that the Council be fair and impartial with no conflict of interest or appearance of fairness violations. City Attorney Combs asked if any Council Member had any ex parte contact with anyone regarding this application, which was received on October 18, 2005, outside of this public hearing. There was no comment from any Council Members. City Attorney Combs further asked if any Council Member had any financial interest in this property, applicant or representative of the Minutes of March 13, 2006 Page 3 of 8 applicant, either directly or indirectly relating to the property that is involved. There was no comment by any Council Member. Planning Director Long-Woods presented the staff report on the site specific rezone for property located at 1914 and 1922 Pottery Avenue, known as the Jeremiah Project LLC. Planning Director Long-Woods explained that the rezone request is from Residential 8 to Commercial to allow for the future construction of two medical office buildings totaling approximately 15,000 sq. ft on a 1.32 acre site. The site is currently designated Commercial on the Comprehensive Plan Designation. This proposal was heard at a public meeting before the Planning Commission on February 21, 2006, and no public testimony was received. The Planning Commission voted unanimously to approve this rezone and adopted Planning Commission Resolution No. 02-06. Mayor Abel advised, the Council has received a redlined version of Planning Commission Resolution No. 02-06 and asked for clarification. Planning Director Long-Woods was not aware of the redlined version and asked the Council to disregard this version. Mayor Abel identified the following records that have been entered into the record for the Public Hearing: • Agenda staff report • Planning Commission staff report • Attachment #1: Application Packet • Attachment #2: Notice/SEPA/MDNS • Attachment #3: Correspondence • Planning Commission Resolution No. 02-06, not the redlined version • Draft minutes of February 21, 2006 Mayor Abel called for public comments. Craig Baldwin, President of Westsound Engineering, representing the applicant, advised this project is very consistent with other developments along Pottery Avenue. Mr. Baldwin discussed the two buildings that are being proposed. Building #1 will be constructed as soon as approved, which will be for a physical therapy clinic and the second building will be constructed as market conditions dictate. Access for the two properties will be off of Pottery Avenue. Easements and agreements for maintenance and utilities will all become part of the final documents. The application is in agreement with the general Conditions of Approval as recommended by the Planning Commission. Mr. Baldwin discussed the general grading of the site, specifically advising the removal of the rock wall, which will facilitate access onto Pottery Avenue and allow for better site distance. Mr. Baldwin clarified the purpose of the redline version of the Planning Commission Resolution No. 02-06. At the Planning Commission meeting it was discussed and recommended that the applicant would not be required to install a 10-foot full screen Minutes of March 13, 2006 Page 4 of 8 buffer along the south and west side of Building No. 1, however, the applicant shall meet the requirements of the City code. Mr. Baldwin also addressed the frontage improvements. Mr. Baldwin reported the applicant asked to "bond" improvements along Pottery Avenue, due to potential financial impacts. The applicant would like to postpone the frontage improvements until a complete master plan is developed on Pottery Avenue or seek a way to share in the cost of the improvements, such as "bonding" the improvements. Mayor Abel asked Mr. Baldwin to clarify his proposal concerning frontage improvements. Mr. Baldwin advised the original proposal was to "bond" the improvements; however Mr. Baldwin did not feel the City Council could overrule the Determination of Non- significance. Mr. Baldwin suggested extending and building sidewalks to meet future sidewalk needs in the area, as a financial trade-off as opposed to building road improvements. Council Member Clauson questioned the development of the parking lots. Mr. Baldwin advised all the parking for building #1 will be provided as planned. Gil Michael, Planning Commission Chair, clarified the redline version of Resolution No. 02-06 is correct and should read: "shall meet the requirements of the City code". Council Member Chang asked, who is the owner of the project? Daniel Joehnk, advised he is the agent for Blaine A. Williams the owner of 1914 Pottery and agent for John Carlson, President of Jeremiah Projects LLC. Council Member Chang asked for clarification on the circulation and access to the property. Mr. Joehnk clarified and identified on the map that access to the entire property will be off of Pottery Avenue, but will also have access through 1950 Pottery Avenue medical facility. The two medical facility complexes will be joined together. At 7:43 p.m. Mayor Abel closed the Public Hearing. Council Member Diienno moved and Council Member Clauson seconded a motion to authorize staff to prepare draft Resolution No. 013-06 adopting the Findings and Conclusions as recommended by the redlined version of Planning Commission Resolution No. 02-06. Council Member Powers asked for clarification on "bonding" street frontage on Pottery Avenue as apposed to performing the work that is required. Minutes of March 13, 2006 Page 5 of 8 Public Works Director Abed advised the City is opposed to the "bonding" due to the fact that currently there are lots of projects within that area and the improvements proposed are necessary and a requirement of the SEPA conditions. City Attorney Combs further commented the appeal period for the SEPA condition is over, therefore the street "bonding" issue cannot be considered. Upon vote, motion passed unanimously. CONSENT AGENDA Council Member Clauson moved and Council Member Wyatt seconded a motion approving the Consent Agenda. Upon vote, motion carried unanimously. A. B. c. D. E. C" •• G. Minutes of the February 11, 2006 City Council Retreat ~1inutes of the February 27, 2006 City Council ~1eeting Moved to Business Items Minutes of the March 2, 2006 Joint City Council and Planning Commission Meeting Approval of Claim Warrants #45129-45220 in the amount of $467,011.05 and February 2006 Payroll Warrants #139647-139694 and Direct Deposits in the Amount of $330,390.51. Adoption of Resolution No. 010-06 Approving Sergeant Salary Step Schedule Adoption of Resolution No. 011 06 Transfer of Police Dog (Townsend) Moved to Business Items Adoption of Resolution No. 012-06 Authorizing Surplus of Code Enforcement Vehicle BUSINESS ITEMS Minutes of the February 27, 2006 City Council Meeting Council Member Clauson moved and Council Member Wyatt seconded a motion to approve the February 27, 2006 City Council Meeting. Upon vote, motion passed with 6 affirmative votes and 1 abstention vote. Council Member Diienno cast the abstention vote. Adoption of Resolution No. 011-06 Transfer of Police Dog Council Member Chang moved and Council Member Wyatt seconded a motion to adopt Resolution No. 011-06 authorizing the Mayor to retire Police K-9 "Charlie" from the Port Orchard Police Department, who has come to the end of his useful value to the City, and entrusting K-9 "Charlie" to the care and ownership of Police Officer Elizabeth Deatherage. Minutes of March 13, 2006 Page 6 of 8 Council Member Chang suggested the City allocate funds to pay for annual veterinary care and pet insurance. City Attorney Combs advised the City cannot provide this type of funding as it would be considered an illegal gift of public funds. City Attorney Combs further advised this dog currently has no value to the City and could essentially be considered a liability to the City, due to the age of the dog. Upon vote, motion passed unanimously. COUNCIL/MAYOR & STAFF REPORT Council Member Powers requested setting a Public Property Committee meeting either on March 15, 2006 at 7:30 a.m. at Myhre's or March 16, 2006 at 7:00 p.m. at City Hall. The exact date of the meeting will be finalized tomorrow. The Public Property Committee will be discussing the Marquee and the parks survey. Council Member Geiger asked if the boat launch has been scheduled for repairs this year. Planning Director Maher advised during the budget process it was determined that the City would solicit private funds for the repairs and currently no immediate plans are scheduled, however, he will start discussions with the Port of Bremerton on this issue. Mayor Abel reminded Council of the meeting tomorrow evening at 5:30 p.m., with the City of Bremerton, Commissioner Angel and Council Committee to discuss utilities in Gorst and Anderson Hill areas. Commission Angel and the Council Committee will also meet at the Family Pancake House on Friday, March 17, 2006 at 7:30a.m. Council Member Dilenno requested a Street Committee meeting to review the Public Event Applications. Council discussed the Public Event application process and determined that the Street Committee did not need to review any reoccurring events, only new events, or events that had significant changes. Any reoccurring Public Event Applications would be placed on the Consent Agenda for Council approval. Council Member Clauson reported the Finance Committee is meeting March 23, 2006 at 7:30 a.m. at City Hall. Council Member Clauson also reported the Sewer Advisory Committee met March 1, 2006 and discussed the purchase of the Zenon Membrane Equipment, which is a separate from the construction of the expansion of the Sewer Treatment Plant. The City is obligated to pay the expense of the membrane equipment in the amount of approximately $760,000. There is currently $840,000 in the Public Works Trust Fund Loan retainage. However, prior to the release of this retainage the City may have to Minutes of March 13, 2006 Page 7 of 8 prepare an interfund loan, for payment to Zenon if the retainage does not get released in a timely manner. Council Member Clauson also reported the bid documents for the expansion of the Wastewater Treatment Plant did not include purchasing office equipment for the new offices. The Sewer Advisory Committee is asking the City Council to approve a $9,000 expenditure to allow the district to move forward with the purchase of the new office equipment and furniture. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize the Karcher Creek Sewer District to purchase office equipment and furniture, in accordance with the State purchasing laws, an amount not to exceed $9,000. Upon vote, motion passed with 6 affirmative votes and 1 dissenting vote. Council Member Chang cast the one dissenting vote. Planning Director Long-Woods reported on the staffing of the Planning Department. Planning Director Long-Woods also reported on the Sub-Area Plan and advised the final product will be submitted to the City on April 27, 2006 and discussed at the May 8, 2006 Council meeting. Planning Director Long-Woods will keep the Council update on this process. Public Works Director Abed reported on the progress of Well No. 10 and promised to keep the Council updated on this project. Public Works Director Abed also reported on the $300,000 Transportation Enhancement Program Grant from the Washington State Department of Transportation. Public Works Director Abed further commented this grant will allow for the Bay Street pedestrian trail which will include a trail from downtown to the west City limits. Mr. Abed excitedly reported the federal share is 100 percent and requires no matching funds. Public Works Director Abed advised Change Order No. 15 is currently being reviewed regarding the expansion of the Wastewater Treatment Plant and will be presented at the next Council meeting. Public Works Director also reminded Council of the Tremont Street Widening Open House, which is scheduled for Wednesday, March 22, 2006 from 6:30 p.m. to 8:30 p.m. in the Council Chambers. City Attorney Combs reminded Council of the GUMPOD study session scheduled for March 21, 2006 at 7:00 p.m. in the Council Chambers. City Attorney Combs asked to place an Executive Session on the March 27, 2006 Council agenda for an update on all pending litigations. Minutes of March 13, 2006 Page 8 of 8 City Clerk Etgen updated the Council on the Personnel issues that are pending, such as the advertising of the Summer Parks positions. ADJOURNMENT At 8:52p.m. Mayor Abel adjourned the meeting. "--f)t <-uf,,JLQ_Q h/JLQ-:c, Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor