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05/08/2006 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Diienno Tye Moore City of Port Orchard Council Meeting Minutes Regular Meeting of May 8, 2006 Carolyn Powers, Mayor Protem Rick Wyatt ALSO PRESENT: Public Works Director Abed, City Clerk Etgen, Deputy Clerk Merlino, Planning Director Long-Woods and City Attorney Combs. 7:00 P.M. CALL TO ORDER Mallory Jackson led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Council Member Clauson added a Discussion Item to the agenda regarding sewer service in the Gorst area. Council Member Moore removed from Business Item: Discussion -Contracted Services for Building Inspector with South Kitsap Fire and Rescue. AUDIENCE COMMENTS Rudy Swensen, downtown business merchant, expressed a concern with an anonymous letter placed on the door of Geiger Pharmacy, objecting to any changes in the current building codes and zoning ordinances on any new construction or renovation within Port Orchard. Mr. Swensen asked that Council Member Geiger refrain from voting on issues regarding the revitalization of the downtown core because of the appearance of fairness doctrine. Don Atkinson, representing downtown business association, reported on his attendance of the 20th Annual Downtown Revitalization Institute, which was presented by the State Department of Economic Development and held in Port Angeles. PRESENTATION Tremont Corridor Widening -Public Comment & Council Discussion Chuck Schott, Berger/Abram Engineering, Inc., discussed the criteria used during the evaluation process in determining the best traffic control option at the intersections of Pottery Avenue/Tremont Street and Port Orchard Boulevard/Tremont Street. Minutes of May 8, 2006 Page 2 of 7 A 15-minute video developed by the City of Lacy, City of Olympia and State Department of Transportation was shown, illustrating the rules of the road for the use of Roundabouts. Mr. Schott discussed in detail the street striping and signage that is being proposed for the roundabouts. Some of the issues raised by citizens were: • Questions about the two-lane configuration • Adult and Child Pedestrian Safety • Emergency vehicle and large vehicle use of the roundabout • Storm water retention • Creation of more impervious surface than a traffic signal • Quicker movement of traffic with signals • Future Ross Pont development • Following the Tremont Corridor Plan • Right lane should be removed from the roundabout • Pedestrian traffic island placement between each lane, allowing for a safety zone • Install only one roundabout at the intersection of South Kitsap Boulevard • If a roundabout is installed at Pottery, move it further north of where the intersection is currently located Eric Quitslund, South Kitsap Fire and Rescue, commented the Fire Department does not have a strong opinion of roundabouts; however, they would like to be involved in the design process. The research that has been conducted shows that when accidents occur in roundabouts they are less severe than in conventional lighted intersections. Council Member Wyatt asked if the ingress and egress for the chiropractic office has been considered during these discussions. Police Chief Townsend expressed a concern with pedestrians entering the roundabouts and vehicles not being aware of their presence. Council Member Dilenno advised the Street Committee recommended moving forward with the roundabouts, and also suggested placing traffic islands between each lane. Council Member Dilenno moved and Council Member Clauson seconded a motion to move forward with the development of the roundabouts and incorporate the concerns that have been brought forward by the citizens and Council Members. Upon vote, motion passed unanimously. At 8:56 p.m. Mayor Abel called for a 5 minutes recess. Minutes of May 8, 2006 Page 3 of 7 PUBLIC HEARING Preliminary Plat/Planner Resident Development for Forest Song Planning Director Long-Woods presented staff report regarding a proposal to subdivide a 9.52-acre parcel into 86 zero lot line parcels to allow for the future construction of 86 town homes. The property is a forested site containing slopes, a drainage swale, and some significant trees. The site will be accessed off of Melcher Street and a private gated entry will provide for approximately 138 on-site residential parking spaces and 18 guest parking spaces. Approximately 24,000 cubic yards of filling and grading is being proposed during the project. The parcel is located in an area designated Residential High Density in the Comprehensive Plan and zoned Residential 20. The property is located within the View Protection Overlay zone and will need exemption approval from height restrictions. 95 significant trees are located on this site. Ms. Long-Woods discussed and read into the record five additional Conditions of Approval as recommended by the Planning Commission within Planning Commission Resolution No. 06-06. 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, outside of this public hearing. Council Member Chang advised a resident called him and asked about the Forest Song Development. Council Member Chang encouraged him to contact the City Planning Department and attend the Planning Commission meeting. City Attorney Combs further asked if any Council Member had any financial interest in this property, applicant or representative of the applicant, either directly or indirectly relating to the property that is involved. There was no comment by any Council Member. City Attorney Combs asked if any member of the audience felt any of the Council Members should not participate in the hearing; there was no response. City Attorney Combs entered the following exhibits into the record: • Exhibit No. 1-Staff Report as presented with the Council agenda packet • Exhibit No. 2 -Letter dated December 27, 2005 from Jeff Davis, Department of Fish and Wildlife • Exhibit No. 3-March 9, 2006 and April 12, 2006 Planning Commission minutes At 9:28 p.m. Mayor Abel opened the Public Hearing. William M. Palmer, Land Use Planner, entered into the record, Exhibit No. 4, an illustration of the proposed town homes. Mr. Palmer discussed the design concept, and made the following recommendations or comments: Minutes of May 8, 2006 Page 4 of 7 • The entrance to the development could be moved further west. • The applicant is providing more than 10 feet of right of way on Sherman Avenue, with an additional two feet of right of way west of the existing pavement. • The interior roads are proposed to be 42 feet with sidewalks on both sides and parking lanes on one side. The development will meet the base parking requirements. • At the ravine the proposed units will be set back 25 feet, which is in compliance with all City codes. Mr. Palmer commented there are 95 significant trees as defined by City code. Seven of the trees have a 36" diameter or larger and will need Council approval for removing them. The developer is recommending replacing the trees at a 3:1 ratio. Due to the existing vegetation, the applicant has applied for an exemption from the view protection overlay. Mr. Palmer advised he submitted the View Protection Overlay exemption request during the application process. Mr. Palmer advised the ravine in the development has a category 5 stream. The applicant acknowledges that there are wetlands on the SE corner of the property. The applicant is proposing to grade and drop the eastern corner of the site to approximately 8 to 10 feet from the top of the ravine. Rockery will also be in place to help stabilize the grading that is being proposed. Mr. Palmer commented the applicant is proposing a Split Drainage system and advised the Planning Commission did not like the proposed drainage on the property. The developer asked City staff if they could redirect the drainage back into the ravine, and staff agreed with this proposal. Extension of Meeting Past Adjournment Time Council Member Dilenno moved and Council Member Moore seconded a motion to continue this Council meeting through the public testimony process of this Public Hearing and consent agenda items. Council Member Chang moved and Council Member Powers seconded an amendment to the motion to include business items -Adoption of Resolution No. 014-06 Reestablishing Development Fees and Discussion on the Gorst Sewer Service. Upon vote, motion passed with five affirmative votes and two dissenting votes. Council Member Wyatt and Diienno cast the two dissenting votes. Upon vote, motion as amended passed unanimously. Minutes of May 8, 2006 Page 5 of 7 Mr. Palmer submitted into the record as an exhibit, a letter dated November 30, 2005, addressed to the City Council regarding the View Protection Exemption for the Plat of Forest Song. Scott Walker, representing Oakridge Homes, spoke in favor of this project and advised they are willing to be flexible and listen to all design concepts. Shilo Rives expressed a concern with upper class homes being developed within a low- income level area, and the residents having to support higher taxes. Ms. Rives also expressed a concern about increased traffic in the area. Joseph Lipka expressed a concern for public safety and asked if the proposed units will have common attics, which could cause a fire hazard. Ethan Carlson expressed a concern about increased traffic in the area. Kathie Lipka reiterated the same concerns with increased traffic and asked if the roads will be improved to provide sufficient room for public safety. Michael McDonald asked if utility and mailboxes would be relocated, specifically in the top right corner of the development. Ron Rice commented the City and Kitsap County have burdened people to move into the City rather than rural areas, and that the City should do what it can to encourage these types of developments both amenity and cost-wise. Mr. Palmer reported this proposed project would create higher property values in Port Orchard, especially in the Melcher area. City Attorney Combs verified the Department of Fish and Wildlife had been onsite and did not observe any current Heron rookeries. Mr. Palmer confirmed they do not intend to disturb the existing road shown as a tax-title property strip, which according to their site plan, meanders in and out of the property line. Scott Walker commented the Fire Department has reviewed and approved the proposed design plans. At 10:43 p.m. Mayor Abel closed the Public Hearing. Council Member Dilenno moved and Council Member Clauson seconded a motion to continue this item to the next Council meeting, and placing it as the first item on New Business. Minutes of May 8, 2006 Page 6 of 7 Council Member Wyatt moved and Council Member Clauson seconded an amendment to the motion to place this item first on the agenda after Audience Comments. Upon vote, motion passed unanimously. Upon vote, original motion as amended passed unanimously. CONSENT AGENDA Council Member Clauson moved and Council Member Powers seconded a motion approving the Consent Agenda. Upon vote, motion carried unanimously. A. Minutes of the April 24, 2006 City Council Meeting B. Approval of Claim Warrants #45476 -45586 in the amount of $299,093.50 and April 2006 Payroll Warrants #139754 -139815 and Direct Deposits in the amount of $340,215.64 C. Passage of Ordinance 010-06 Amending the 2006 Budget for the Water-Sewer Cumulative Reserve and the Water-Sewer Operating Funds BUSINESS ITEMS Adoption of Resolution No. 014-06 Approving Modification to Development Fees Council Member Dilenno moved and Council Member Moore seconded a motion to approve Resolution No. 014-06, by deleting Attachment A in its entirety and modifying Exhibit A to read as follows: Storm Water Permit, Exempt adding "Minor"; striking (See attached ExemptioA DefiAitioAs) and further eliminating the fee of $200 for the Storm Water Review, Minor and making if "Free". Council Member Geiger moved and Council Member Diienno seconded a motion to amend the motion to modify the Sign Fee from $2/square foot of sign area plus the State fee to $1/square foot of sign area plus the State fee. Upon vote, motion failed with 5 dissenting votes and 2 affirmative votes. Council members Clauson, Wyatt, Powers, Moore and Chang cast the five dissenting votes. Council Member Powers moved and Council Member Chang seconded an amendment to the motion to adopt Resolution No. 014-06 with fees as presented. Upon vote motion failed with 5 dissenting votes and 2 affirmative votes. Council Members Clauson Wyatt, Diienno, Geiger and Moore cast the five dissenting votes. Upon vote, the original motion passed unanimously. Minutes of May 8, 2006 Page 7 of 7 Discussion -Sewer service in Gorst area. Council Member Clauson reported that the Sewer Advisory Committee would like to investigate the cost associated with providing sewer service to the Gorst area. Council Member Clauson further advised this would not commit the City to any financial obligation. Council Member Clauson moved and Council Member Moore seconded a motion to continue to investigate the costs associated with the providing sewer service to the Gorst area. Council Member Chang moved to amend the motion and Council Member Diienno seconded the amendment to continue this discussion to allow for public comments. Upon vote, motion failed with 2 affirmative votes and five dissenting votes. Council Members Moore, Powers, Geiger, Wyatt and Clauson casting the five dissenting votes. Council Member Diienno moved and Council Member Chang seconded an amendment to the motion to include an economic study on the impact this expansion would create for the City of Port Orchard. Upon vote, motion failed with two affirmative votes and five dissenting votes. Council Members Moore, Powers, Geiger, Wyatt and Clauson casting the five dissenting votes. Upon vote, original motion as presented passed with five affirmative votes and two dissenting votes. Council Members Chang and Diienno cast the two dissenting votes. ADJOURNMENT At 11:41 p.m. Mayor Abel adjourned the meeting. '·-·})~~ blu£~ Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor