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06/12/2006 - 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 June 12, 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 Wayne Wright led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Mayor Abel added to the Executive Session two additional items for discussion, a personnel issue and a potential litigation for approximately 30 minutes. Council Member Wyatt moved the Executive Session to the end of the Public Hearing portion of the agenda. Council Member Dilenno moved the following Consent Agenda items to Business: • Passage of Ordinance No. 013-06 Amending the 2006 Budget • Adoption of Resolution No. 019-06 Authorizing Inter-fund Loan Transfer • Adoption of Resolution No. 021-06 Establishing a Retirement Savings Plan • Adoption of Resolution No. 022-06 Approval of Corrections to Development fee Council Member Chang moved "Adoption of Resolution No. 023-06 Approving the Shoreline Substantial Development Permit for Bay Street Seawall Project (SOP 67095)" to Business. AUDIENCE COMMENTS Pat Lucas, resident, expressed a concern with safety issues not being addressed in the community, specifically on Goldenrod Street. Dousithee Chamberlain, resident, asked about trees taken from his property. Mayor Abel asked Mr. Chamberlain to put his questions in writing and she will be happy to respond to him. Minutes of June 12, 2006 Page 2 of 7 PUBLIC HEARING Shoreline Development Permit-Bay Street Seawall Project Planning Director Long-Woods presented staff report regarding a Shoreline Substantial Development Permit to allow for the construction of approximately 140 feet of rockery seawall adjacent to the 1800 block of Bay Street between Perry Avenue and Tracy Avenue. The project will include placement of 2,590 sq ft. of fill below the mean higher high water and placement of approximately 210 cu. yds. of rip rap and 350 cu. yds. of quarry spalls as backfill and stabilization. The project will include an off-site mitigation/restoration project site to remove approximately 7,500 sq. ft of concrete rubble and debris from a designated beach area along Sinclair Inlet. The project is located along Sinclair Inlet, with a Shoreline of Statewide Significance, and an environmental designation of Urban. The property is also in an area designated Medium Density Residential in the Comprehensive Plan and zoned Residential 8 (R8). Planning Director Long-Woods advised the Planning Commission at a public meeting held May 2, 2006 considered this issue and recommended approval of the Shoreline Permit subject to conditions. At 7:14p.m. Mayor Abel opened the Public Hearing. Wayne Wright, GeoEngineers, representing the City as the applicant, advised this application is currently waiting on the acceptance from the Washington State Department of Transportation, however all other state agencies have given their approval. Mr. Wright discussed the off-site mitigation and restoration site for the removal of concrete rubble from the Westbay Shopping Center shoreline to the proposed Seawall project site. Mr. Wright advised they are securing the help from the community and the boy scouts in the removal and placement of the concrete rubble. Chuck Schott, Berger/ ABAM Engineers, clarified on a map the proposed boundaries of the project and advised the actual construction will be performed on City right-of-way. At 7:33 p.m. Mayor Abel closed the Public Hearing to further public testimony. Council Member Geiger moved and Council Member Wyatt seconded a motion to adopt Council Resolution No. 023-06 approving the Shoreline Substantial Development Permit for Bay Street Seawall Project SDP-67-05 and adopted Planning Commission Resolution No. 07-06 with Conditions of Approval. Upon vote, motion carried unanimously. Conditional Use Permit {CUP 018-05) Two Bedroom Bed & Breakfast Planning Director Long-Woods presented staff report regarding a Conditional Use Permit to operate a two-bedroom Bed & Breakfast facility in an existing 1,680 sq. ft. single- Minutes of June 12, 2006 Page 3 of 7 family residence to accommodate the overnight stay of paying guests. The applicant will be required to provide an off-street parking plan for the guests. The property is in an area designated as medium Density Residential and is zoned Residential 8 (R8). Planning Director Long-Woods advised this application meets all zoning requirements, except for on-site street parking. The applicant has secured two parking spaces leased from an adjacent church facility for the use of her business. 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. 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. Council Member Chang advised he lives within the 300' of the applicant. 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. At 7:48 p.m. Mayor Abel opened the Public Hearing. City Attorney Combs advised the Council, the leased parking spaces, the applicant secured from the neighboring church does not meet the minimum standards for on-site parking as required by City code. Mr. Combs commented the Conditional Use Permit and parking requirements must be binding upon each other and run as long as the Conditional Use Permit exists. Lorraine Olsen, 724 Kitsap, presented a brief history of the home located at 724 Kitsap Street, known as the Howe Family Home. Ms. Olsen asked the Council to approve her Conditional Use Permit and to consider alternative parking plans, such as amending the City's parking resolution, to allow unlimited parking on evenings and weekends. Ms. Olson expressed a concern with parking at the neighboring church, as it could be an inconvenience to her guests, by not allowing them to parking adjacent to her facility. Ms. Olsen made the following comments: • Guests at her Bed and Breakfast are not staying at her facility for 24 hours; they are only staying for approximately 8 to 10 hours and then they are shopping or touring Port Orchard. • This facility is not a doctors or attorney office, her guests are coming for a specific service, coming to enjoy the community. • Parking requirements for a Bed and Breakfast should be on a case-by-case basis and with certain criteria. Minutes of June 12, 2006 Page 4 of 7 Ms. Olsen requested the Council to allow her guests to obtain parking permits when staying at a Bed and Breakfast. Ms. Olsen further commented the City should amend the City's parking resolution and incorporate it in the redevelopment of downtown. Cathy Michael, resident, spoke in favor of the proposed Bed and Breakfast and asked the Council to look at the zoning ordinance and how it is tied to Bed and Breakfast requirements in the City code. Mrs. Michael asked the Council to change the verbiage of the zoning ordinance and make the City's parking resolution and zoning ordinance compatible with each other. Jeff Davis, resident, spoke in supportive of the proposed Bed and Breakfast, however expressed a concern with limited parking and congestion on Kitsap Street, especially on the weekends. The neighboring church has utilized most of the parking in this area. Patrick Lucas, resident, also spoke in favor of the Bed and Breakfast, however expressed a concern with safety in the neighborhood, due to the congestion on Kitsap Street. Gil Michael, resident, commended Ms. Olsen for pursuing the Bed and Breakfast facility at this location. Mr. Michael commented the biggest hurdle is parking. Mr. Michael concurred with Ms. Olsen that leasing parking spaces at the neighboring church could become a hardship on her business and asked to sit on a committee to find a resolution to this problem. Wilma Childers, resident, spoke in favor of the proposed Bed and Breakfast, and would like to see the Bed & Breakfast guests park next to the facility. Council Member Clauson moved and Council Member Powers seconded a motion to extend this public hearing to the June 26, 2006 Council meeting to allow Ms. Olson and opportunity to comply with the City's code and provide evidence of permanent parking plan. Upon vote, motion passed unanimously At 8:20 p.m. Mayor Abel called for a 5-minute recess. EXECUTIVE SESSION At 8:25 p.m. Council went into Executive Session for 30 minutes to discuss labor negotiations, personnel issues, and potential litigation. At 8:55 p.m. Mayor Abel extended the Executive Session an additional 20 minutes. At 9:15 p.m. Mayor resumed Council Meeting into regular session. CONSENT AGENDA Council Member Powers moved and Council Member Wyatt seconded a motion approving the Consent Agenda. Upon vote, motion carried unanimously. Minutes of June 12, 2006 Page 5 of 7 A. Approval of Claim Warrants #45695 -45783 in the amount of $706,672.88 and May 2006 Payroll Warrants # 139816-139879 and Direct Deposits in the amount of $338,750.08. B. Minutes of the May 22, 2006 City Council Meeting C. Minutes of the May 30, 2006 Continued Meeting of May 22, 2006 D. Authorization for Mayor to Sign Armada Credit Card Agreement E. Authorization for Mayor to Sign Contract with V & M for the Joint Wastewater Treatment Facility Blower Fire Repair F. Passage of Ordinance No. 013 06 Amending the 2006 Budget Moved to Business Items G. Adoption of Resolution No. 019 06 Authorizing Inter fund Loan Transfer Moved to Business Items H. Adoption of Resolution No. 021 06 Establishing a Retirement Savings Plan Moved to Business Items I. Authorization for Mayor to Sign Applicant's Agent Resolution Designating the Public Works Director as Applicant's Agent with FEMA for Disaster Relief J. Adoption of Resolution No. 022 06 Approval of Corrections to Development Fee Moved to Business Items K. Adoption of Resolution No. 023 06 Approving the Shoreline Substantial Development Permit for Bay Street Seawall Project (SDP 67 05) Moved to Business Items BUSINESS ITEMS Passage of Ordinance No. 013-06 Amending the 2006 Budget Council Member Diienno moved and Council Member Wyatt seconded a motion to adopt Ordinance No. 013-06 amending the 2006 budget for the Cumulative Reserve for Municipal Facilities Fund and the Wastewater Treatment Facility Expansion Fund to provide for an inter-fund loan. Upon vote, motion passed unanimously. Adoption of Resolution No. 019-06 Authorizing Inter-Fund Loan Transfer Council Member Clauson moved and Council Member Geiger seconded a motion to adopt Resolution No. 019-06 authorizing an inter-fund loan transfer between the Cumulative Reserve for Municipal Facilities Fund and the Wastewater Treatment Facility Expansion Fund. Upon vote, motion passed unanimously. Adoption of Resolution No. 021-06 Establishing a Retirement Savings Plan Council Member Diienno moved and Council Member Chang seconded a motion to continue this item to the next agenda for further review. Upon Minutes of June 12, 2006 Page 6 of 7 vote, motion passed with 6 affirmative votes and one dissenting vote. Council Member Powers cast the one dissenting vote. Adoption of Resolution No. 022-06 Approving of Corrections to Development Fee Council Member Diienno moved and Council Member Chang seconded a motion to continue this item to the next agenda for further corrections to the proposed Resolution. Upon vote, motion passed unanimously. Adoption of Resolution No. 023-06 Approving the Shoreline Substantial Development Permit for Bay Street Seawall Proiect CSDP 67-05) The Resolution was adopted in conjunction with the Public Hearing earlier this evening. Authorization for Mayor to Sign Change Order No. 18 for the Joint Wastewater Treatment Facility. Council Member Clauson moved and Council Member Powers seconded a motion to authorize the Mayor to sign Change Order No. 18 for a total amount of $64,913.64 plus WSST. Upon vote, motion passed unanimously. Adoption of Resolution No. 020-06 Repealing Resolution No. 2019 and Amending City Administrative Policy 100-014 Regulating Reimbursement/Advance of Business Expense Council Member Clauson moved and Council Member Wyatt seconded a motion to adopt Resolution No. 020-06, repealing Resolution No. 2019 and amending the City of Port Orchard Administrative Policy No. 100-014 regulating reimbursement/ advance of business expense. Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to set the per diem rate as $38.00 per day, which provides $10.00 for breakfast, $12.00 for lunch and $15.00 for dinner. Council Member Diienno amended the motion and Council Member Powers seconded the amendment to set the per diem rate at $45.00 per day, which provides $10.00 for breakfast, $15.00 for lunch and $20.00 for dinner. Upon vote, motion carried unanimously. Council Member Powers moved and Council Member Chang seconded the motion to refer this issue back to Finance Committee for further review. Upon vote, motion failed with two affirmative votes and five dissenting votes. Council Members Powers and Chang cast the two affirmative votes. Council Member Geiger moved and Council member Moore seconded a motion to continue this Council Meeting through all Business Items. Upon Minutes of June 12, 2006 Page 7 of 7 vote, motion passed with 4 affirmative votes and 3 dissenting votes. Council Members Moore, Clauson and Wyatt cast the three dissenting votes. Discussion: Review and Recommendation Regarding Port Orchard -South Kitsap Sub-Area Plan/Final Environmental Impact Study Jim Weaver, Kitsap County Senior Planner, advised Kitsap County would like to have the City's recommendations regarding the Port Orchard -South Kitsap Sub-Area Plan as soon as possible. Mr. Weaver suggested the Council make their recommendation at the next Council meeting. Council Member Dilenno moved and Council Member Moore seconded a motion to place this issue into the Growth Management Committee for further review and present their recommendation to the full Council at the next Council meeting on June 26, 2006. Upon vote, motion passed unanimously. Acceptance and Authorization to Pay for Phase II of the Final Port Orchard - South Kitsap Sub-Area Plan/Final Environmental Impact Study Council Member Powers moved and Council Member Wyatt, seconded a motion to approve and authorize the Mayor to sign a request for payment of $30,000, which is 50°/o of the $60,000 allocated to share in the cost of the joint planning process for development of the Phase II of the Port Orchard/South Kitsap UGA Sub-Area Plan as outlined in the Interlocal Agreement between the City and the County dated September 27, 2005. Upon vote, motion passed unanimously. ADJOURNMENT At 10:36 p.m. Mayor Abel adjourned the meeting. \,,1~e--Gc&Qj nt£~ Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor