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06/26/2006 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang, excused Robert Geiger Rita Diienno Tye Moore, excused City of Port Orchard Council Meeting Minutes Regular Meeting of June 26, 2006 Carolyn Powers, Mayor Protem, excused Rick Wyatt ALSO PRESENT: Public Works Director Abed, Deputy Clerk Merlino, Planning Director Long-Woods, Police Chief Townsend and Assistant City Attorney Jacoby. 7:00 P.M. CALL TO ORDER David Hedger led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Council Member Wyatt moved "Passage of Ordinance No. 015-06 Amending the Zoning Code Changing to seven the Maximum Numbers of Rooms for a Bed and Breakfast and Increasing the Number of Rooms for Hotels and Motels to seven" to Business. Council Member Diienno removed from the Agenda "Approval of Public Event Applications". These public event applications can be approved administratively. Mayor Abel added an Executive Session for 10 minutes to discuss personnel issues. AUDIENCE COMMENTS Patrick Lucas, resident, expressed a concern with parking in the downtown core. Mr. Lucas asked that businesses in the downtown core provide their own parking and not take away from the residents in the area. Don Atkins, representing the Downtown Merchants Association, asked for an update on the painting of the downtown marquee. Mayor Abel advised Public Works Director Abed, will discuss this issue during staff reports. PUBLIC HEARING Conditional Use Permit-Two Bedrooms Bed & Breakfast Planning Director Long-Woods advised the applicant, Lorraine Olsen, asked to continue this Public Hearing due to a conflict in her schedule. Minutes of June 26, 2006 Page 2 of 8 Council Member Dilenno moved and Council Member Clauson seconded a motion to continue this Public Hearing for a Conditional Use Permit (CUP 018-05) to the July 10, 2006 City Council meeting. Mitchell Avenue Sewer Extension Latecomer Agreement-Sebring Public Works Director Abed presented staff report regarding a proposal by Lee Sebring to construct a gravity sewer main at the intersection of SE Taylor Street and Mitchell Avenue to the City's sewer manhole west of the intersection of Mitchell Avenue and Pliska Lane. The new 8" diameter sewer main will connect to the existing sewer manhole behind the fire station and terminate approximately 1500' north of the bridge over Mile Hill Drive. Public Works Director Abed advised, at the time of this report, only one property will be connecting to the new sewer main. However, extension of the sewer main will eventually provide a benefit for other properties along Mitchell Avenue. Public Works Director advised the total cost estimate for the proposed sewer main is $55,000. There are six noncontributing properties that will benefit from the new main. The proposed line will terminate at a property line, making front footage an inequitable method of determining the prorated share of the construction costs for each benefited property. In lieu of using front footage of sewer line, the proposed latecomer agreement uses the total area of the served properties (3.83 acres) and the total costs of the project ($55,000.00), to determine the pro rata share of the costs to be $14,360.31 per acre. City Attorney Jacoby 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 Jacoby further advised it is required that the Council be fair and impartial with no conflict of interest or appearance of fairness violations. City Attorney Jacoby asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. City Attorney Jacoby 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. City Attorney Jacoby asked if any member of the audience felt any of the Council Members should not participate in the hearing; there was no response. At 7:11p.m. Mayor Abel opened the Public Hearing. Lee Sebring, applicant, illustrated on a map where the proposed sewer main will be located. Mr. Sebring advised he will pay the full construction costs, however asked that those who benefit from this sewer service pay their fair share. Council Member Geiger asked if Mr. Sebring had considered placing the sewer line behind the lots, so that the properties behind his lot could also benefit from this sewer line. Mr. Sebring advised this proposal would be an additional expense, due to the fact an additional sewer stub would have to be placed along Pliska Lane. Minutes of June 26, 2006 Page 3 of 8 Planning Director Long-Woods asked Mr. Sebring, if he had contacted the South Kitsap School District. Mr. Sebring advised he would welcome the school district to join in; however there would be additional engineering costs. Patrick Lucas, resident, asked how many living units will this Latecomer Agreement effect. Public Works Director Abed advised seven lots including the benefiting lot. Dave Hedger, adjacent property owner, expressed a concern with trees along the right of way that will have to be removed and asked if they would be replaced. Mr. Sebring advised, the trees will be replaced along the right-of-way. Mr. Sebring asked if this public hearing could be continued to allow him an opportunity to contact the school district and review other alternatives. Council Member Diienno moved and Council Member Clauson seconded a motion to continue this Public Hearing to August 14, 2006. Upon vote, motion passed unanimously. Dogwood Hill Sewer Extension Latecomers Agreement -Monroe Public Works Director Abed presented staff report regarding a proposal to construct a sewer force main along the shoulder of Dogwood Hill Road SW. The new 2" diameter sewer force main will connect to the existing 2" diameter sewer force main along State Highway 166 and terminate approximately 350' north along Dogwood Hill Road. At the time of this report, only one property will be connecting to the new sewer main. However, extension of the sewer main will eventually provide a benefit for other properties along Dogwood Hill Road. The total costs estimate for the proposed sewer main it $7,706.20. There are four noncontributing properties that will benefit from the new main. The proposed line will terminate at a property line, making front footage an inequitable method of determining the prorated share of construction costs for each benefited property. In lieu of using front footage of sewer line, the proposed latecomer agreement uses the total area of the served properties (3.21 acres) and the total costs of the project ($7,706.20), to determine the prorated share of the costs to be $2,400.68 per acres. The applicant has obtained a permit to construct said sanitary sewer main. At the time of application, there was one homeowner with an objection to this project because of potential impacts of construction to his property. The sewer main with adequate easement will be dedicated to public use by the applicant. City Attorney Jacoby 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 Jacoby further advised it is required that the Council be fair and impartial with no conflict of interest or appearance of fairness violations. City Attorney Jacoby asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. City Attorney Jacoby 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. City Minutes of June 26, 2006 Page 4 of 8 Attorney Jacoby asked if any member of the audience felt any of the Council Members should not participate in the hearing; there was no response. Mayor opened the public hearing at 7:31 pm Mr. Monroe, 1201 Dogwood Hill Road, illustrated on a map the area that would benefit from the proposed sewer extension. James Miller, adjacent property owner, spoke in opposition to this proposed sewer main, which is proposed to cross over his property. Mr. Miller also expressed a concern with potential damage to his property. Mr. Miller asked if the sewer line could be placed on the other side of the road. Mr. Monroe expressed a concern with moving the sewer line on his side of the road, as it would be within 3' of his water well. Joan Miller, adjacent property owner, asked if this public hearing could be postponed due to a potential litigation between the two parties. Council Member Geiger asked if staff had reviewed the history of the current 2" sewer main along State Route 166, for a potential Latecomers Agreement with the restaurant along State Route 166. Council Member Dilenno moved and Council Member Clauson seconded a motion to continue this public hearing to August 14, 2006 to allow City staff an opportunity to review potential latecomers agreements in the area. Upon vote/ motion passed unanimously. CONSENT AGENDA Council Member Clauson moved and Council Member Dilenno seconded a motion approving the Consent Agenda as modified. Upon vote/ motion carried unanimously. A. Approval of Claim Warrants-45784-45848 in the amount of $146,845.40 B. Minutes of the June 12, 2006 City Council Meeting C. Authorization for Mayor to Sign Renewal Agreement with Westnet D. Passage of Ordinance 014-06 Extending the Wave Cable Franchise Agreement E. Approval of Fireworks Display-Eagle Fireworks, Inc. F. Passage of Ordinance No. 015 06 Amending the Zoning Code Changing To 7 the Number of Rooms For a Bed and Breakfast and Increasing The Number of Rooms for Hotels and ~1otels to 7 Moved to Business G. Approval of Public Event Applications (Merlino) Removed from agenda - Council action not required. Minutes of June 26, 2006 Page 5 of 8 BUSINESS ITEMS Discussion Wilkins Drive Street Vacation Public Works Director Abed presented staff report and background information on the Street Vacation of Southwest Wilkins Drive from Southeast Wilkins Drive to Caseco Lane. This Street Vacation was approved on October 25, 2004 with conditions. Public Works Director Abed advised two issues still remain concerning this Street Vacation. • Alignment of the roadway between Bay Street and Caseco Lane • Contaminated soil along the new roadway. City Attorney Jacoby concurred with Public Works Director Abed that these two issues are still pending. A letter has been sent to Mr. Jensen, property owner, asking for their concurrence on an Indemnification Agreement. Public Works Director Abed advised the property owner did remove the power pole and place barriers around the telephone power pedestal. Mr. Abed commented the realignment met with his satisfaction and advised he has no further issues. Roger Jensen, property owner, advised he complied with the Council's request by removing the power pole, however moving the telephone power pedestal could be very costly, since it is not on his property. Mr. Jensen further commented he is waiting for an approval letter from Department of Ecology on the cleanup of the contaminated soil. Mel Holgerson, engineer for property owner, advised the realignment of the roadway, causes no liability concerns and the owner has currently spent approximately $10,000 for the new roadway. Council Member Clauson moved and Council Member Wyatt seconded a motion acknowledging that the Wilkins Drive Street Vacation has met all prior conditions regarding the requirement for the alignment of Bay Street and Caseco Lane and upon a signed Indemnification Agreement by the property owners, the City will move forward with finalizing the Wilkins Drive Street Vacation. Council Member Dilenno expressed a concern with the alignment of the roadway, in that the City is not following street standards. Upon vote, motion passed with 3 affirmative votes and one dissenting vote. Council Member Diienno cast the one dissenting vote. Passage of Ordinance No. 015-06 Amending the Zoning Code Changing To Seven The Maximum Number Of Rooms For A Bed And Breakfast And Increasing The Number Of Rooms For Hotels And Motels To More Than Seven Minutes of June 26, 2006 Page 6 of 8 Council Member Diienno moved and Council Member Wyatt seconded a motion to modify language in Section 14: Bed and Breakfasts as follows: ·~n owner occupied dwelling unit or accessory building within which no more than seven bedrooms are available for paying guests on a daily basis." Council Member Wyatt amended the motion and Council Member Diienno seconded the amendment to include the following language: "When an existing owner occupied dwelling unit or accessory building has fewer than seven bedrooms and is operating pursuant to a conditional use permit the owner may seek administrative approval to add additional bedrooms equal to the incremental difference between seven and the number of existing bedrooms." Council Member Diienno further amended the amended motion and Council Member Clauson seconded the amendment to modify the language as follows: "When an existing owner occupied dwelling unit or accessory building has fewer thim seven or less bedrooms and is epe."¥Jtlng has been approved as of the date of this ordinance, pursuant to a conditional use permit, the owner II may •••• Upon vote, motion as amended twice, passed unanimously. Adoption of Resolution No. 021-06 Establishing a Retirement Savings Plan Council Member Clauson moved and Council Member Wyatt seconded a motion to approve Resolution No. 021-06 establishing a retirement savings plan for city employees not eligible for existing state retirement programs. Council Member Dilenno expressed a concern with establishing a new retirement plan for one individual that already has the option to contribute to the State Deferred Compensation Program. Council Member Diienno amended the motion and Council Member Geiger seconded the amendment, to direct the City Attorney to modify the language in Resolution No. 021-06with a condition that the City's contribution will be deposited into the same account that is established as a state sponsored deferred compensation plan and further condition this retirement plan is a voluntary savings plan. Upon vote, motion as amended passed unanimously. Minutes of June 26, 2006 Page 7 of 8 Adoption of Resolution No. 024-06 authorizing the Mayor to sign No Protest Agreement for Stetson lane Council Member Clauson moved and Council Member Wyatt, seconded a motion to approve Resolution No. 024-06 authorizing the Mayor to sign the No Protest Agreement for any future local Improvement Districts along Stetson lane. Upon vote, motion passed unanimously. Authorization for Mayor to Sign Change Order No. 2 with Holt Drilling for Well No. 10. Council Member Clauson moved and Council Member Geiger seconded a motion to authorize the Mayor to sign Change Order No. 2 with Holt Drilling for Well No. 10. Upon vote, motion passed unanimously. Approval and Recommendation of a Preferred Alternative for the Port Orchard/South Kitsap Urban Growth Boundary Plan Planning Director Long-Woods presented staff report and advised the City Council directed the Growth Management Committee to review the final draft plan and present recommendations to the full Council. Planning Director Long-Woods outlined the proposed changes: • Do not extend a connection to Long Lake. Not appropriate to expend urban funding for development in a rural area; • Do not extend so far along Mile Hill, that area does not offer much opportunity for development; • Instead of extending along Mile Hill, extend the area along Berry lake to the McCormick Woods boundary as a neighborhood commercial zone; and, • Make the area around Sidney and Sedgwick as neighborhood commercial. Planning Director Long-Woods further commented if the Council adds an area to the Urban Growth Boundary the also have to subtract an area. Council Member Diienno moved and Council Member Clauson seconded a motion to make the following changes to the Port Orchard/South Kitsap Urban Growth Boundary Plan: • Berry lake Road to be added to UGA as Neighborhood Commercial {NC) and indicated as first priority for any additional commercial allocations. • Mile Hill Road Neighborhood Commercial to be removed and is second priority for any additional commercial allocations with Berry lake area listed first. • Howe Farm Park to be added to the existing UGA along Mile Hill. • Residential area south of Bielmeier Road is to be removed, but will be the first priority to be added back in for any additional residential allocations if the land capacity analysis allows it. Minutes of June 26, 2006 Page 8 of 8 • Residential extension to Long Lake is to be removed and will be the last priority area to be included into the UGA for any additional residential allocations. Upon vote, motion passed unanimously. Authorization for Increase to Robinson Noble Saltbush Contract for Well No. 10. Council Member Geiger moved and Council Member Diienno seconded a motion to authorize an increase of $18,500.00 and direct staff to prepare an addendum to the existing contract with Robinson Noble and Saltbush for Well No. 10 engineering. Upon vote, motion passed unanimously. Authorization for Mayor to Sign Professional Services Agreement with Parametrix for On-Call Public Works Projects Assistance Council Member Diienno moved and Council Member Clauson seconded a motion to authorize the Mayor to sign the professional services agreement with Parametrix to provide engineering services to the City. Council Member Diienno amended the motion and Council Member Clauson seconded the amendment, further conditioning that the contract will not exceed $30,000, without Council approval. Upon vote, motion as amended passed unanimously. CONTINUATION OF MEETING PAST 10:00 P.M. SCHEDULED ADJOURNMENT Council Member Geiger moved and Council Member Clauson seconded a motion to extend this Council meeting through business items and Executive Session for 10 minutes. Upon vote, motion passed unanimously. Authorization for Mayor to Sign Contract with Ace Paving for Overlay Projects. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize the Mayor to Sign the Contract with Ace Paving for the 2006 Overlay Projects. Upon vote, motion passed unanimously. EXECUTIVE SESSION At 10:10 p.m. Council went into Executive Session for 10 minutes to discuss personnel issues. At 10:20 p.m. Mayor resumed Council Meeting into regular session. ADJOURNMENT At 10:20 p.m. Mayor Abel adjourned the meeting. Y\c"L,C~-LJUL~ \fkLll_Q,~ Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor