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07/10/2006 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson, Excused Fred Chang Robert Geiger Rita Diienno, Excused Tye Moore City of Port Orchard Council Meeting Minute Regular Meeting of July 10, 2006 Carolyn Powers, Mayor Protem, Excused Rick Wyatt ALSO PRESENT: Public Works Director Abed, Acting Deputy City Clerk Boltz, Planning Director Long-Woods, Police Chief AI Townsend and City Attorney Combs. 7:00 P.M. CAll TO ORDER Betty Pilling let the audience and Council in the Pledge of Allegiance. Council Member Wyatt moved and Council Member Moore seconded a motion to excuse Council Members John Clauson, Rita Diienno and Carolyn Powers from this meeting. Upon vote, motion carried unanimously. APPROVAL OF AGENDA Council Member Chang added Discussion regarding update on broadcasting Council meetings to Business. AUDIENCE COMMENTS Betty Pilling presented Council with a walkabout map of Downtown Port Orchard and requested Hotel/Motel money from the City to place an ad for the downtown historic district. Patrick Lucas, 232 Goldenrod Street, questioned the overage amount paid to RH2 Engineering. PUBLIC HEARING Indigo Pointe Plat Amendment Planning Director Joanne Long Woods made a correction to page two of the Staff Report, first line should read " ... regional pond under Site Development Activity Permit." Minutes of July 10, 2006 Page 2 of 11 Planning Director Long-Woods presented staff report regarding an amendment to the approved preliminary plat/rezone for Indigo Pointe to allow for the subdivision of an existing storm water pond tract into two additional single-family residential lots. The project was approved for 20 residential lots plus four tracts. Council had included a condition that if the stormwater tract is converted to residential use, the proposal shall be brought back to Council under the provisions of a Plat Amendment. This property is adjacent to property under County jurisdiction, which is currently under review for a project called Blackjack Terrace. The applicant submitted applications to Kitsap County Planning Department in 2004 to hook into the regional stormwater pond located within the proposed subdivision of Blackjack Terrace. Access to the pond is provided through an easement connecting to the subdivision of Blackjack Terrace. The proposed division of a single tract into two additional single family residential lots is consistent with the Comprehensive Plan designation of Medium Density and Zoning designation for the Residential 12 (R12) zone. 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. 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 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 has any information that any of the Council members could not make a fair and impartial decision. Patrick Lucas, stated that one of the Council Members has property on the road that provides access to this property and is in the construction business and believes that his decision could be swayed. City Attorney Combs, stated that as a matter of law the fact that a Council Member being in the construction industry in and of itself does not mean that a Council Member can not be fair and impartial. Each Council Member must live within the City limits, as a matter of law, therefore there is no conflict or violation of the appearance of fairness. At 7:21 p.m. Mayor Abel opened the Public Hearing. Minutes of July 10, 2006 Page 3 of 11 Mark Kuhlman, Team4 Engineering representing Jim James on this project and Mel Fingarson on the Blackjack Terrace project, which is the site of the regional pond, stated, the plat was approved for 20 lots. The Planning Commission and the City Council were working on the regional pond and provided a condition of approval that if they made that revision they would have to get a plat amendment. The SEPA was for Non Significance based on 24 lots. After the plat amendment, they will still be below that threshold with 22 lots total. Comments by the Engineering Department made to County have been incorporated into the final design, which has been approved by the County, and the pond is approximately 95 -97% complete. The County will do a final inspection and certification to be delivered to the City prior to the Final Plat approval of Indigo Pointe. Council Member Chang asked about the circulation to the two additional lots and whether Blackjack Terrace access would be through the City. Mr. Kuhlman stated that the two additional lots will have internal access. The plat of Blackjack Terrace will access at the end of Goldenrod and align with West Street. He further stated that the City would have been involved in the SEPA process and on the approval process for Blackjack Terrace. Council Member Chang asked staff to confirm what Mr. Kuhlman stated in regards to the City's involvement in the Blackjack Terrace SEPA process. Planning Director Long-Woods confirmed that City staff in a site visit looking at site development for Indigo Pointe discovered that they were doing exploratory work along Blackjack Creek for Blackjack Terrace Development. In addition, it is her understanding that the Assistant City Engineer worked with the County through that process and the City did get on board with the project. Council Member Chang questioned whether access for lots 21 and 22 is on Goldenrod or internal? Mr. Kuhlman answered that it is internal. Council Member Chang questioned whether the City needs to make sure that type of access is okay with the Fire Department? Planning Director Long-Woods replied yes. Council Member Chang asked if we have that approval? Public Works Director Abed stated that the requirement is for 20 feet and the applicant is providing 25 feet. The only thing the City could do is extend the access south for the access to lots 22 & 20. Minutes of July 10, 2006 Page 4 of 11 Mark Kuhlman commented that they did extend the internal private road an additional 60 feet to get to the last lot. It is still less than a 150 feet maximum length for an emergency access road. Councilmember Chang asked if it wouldn't make more sense to access that lot from Goldenrod? Mark Kuhlman commented that one of the reasons they did not was because it was not part of the original discussion of the original plat and chose to only include internal access and not bring up a new discussion point. Patrick Lucas, 232 Goldenrod Street, stated that Blackjack Terrace and Indigo Pointe have to happen together based on the shared pond and stated that the Council is missing what the County has in their package. Mr. Lucas further stated that Mr. Kuhlman did not give the Council all the information and the staff did not give Council all the information because the Assistant City Engineer is no longer employed by the City. Mr. Lucas stated that Blackjack Terrace is not going to happen the way it has been described and that they are having problems with Goldenrod Street and the holding pond. Mr. Lucas suggested that the Council look at the County's package first. Goldenrod Street is too narrow and a collector street. Kathy Lipka; 2505 S. Flower Avenue, questioned the Tree Retention as presented on page 5 of Ordinance No. 1935 stating that the applicant is proposing to retain 16 of 109 trees, therefore 93 trees need to be replaced at a ratio of 3:1 = 279 replacement trees. The applicant is proposing to replace 147 trees. Ms. Lipka stated that she feels the number of replacement trees needs to be higher, at least 70%. Ms. Lipka further stated that the proposal does not include a plan for parks and that there are an average of 2.5 children per household totaling 50 children, and feels that the parks in the area are stressed. Mel Fingarson, owner of Blackjack Terrace stated that they do have an approved Site Development Activity Permit and construction is 95% complete on the regional storm pond and anticipates within 30 days being final with the County on the permit. Mark Kuhlman stated he fully anticipates the project receiving approval by Kitsap County and that the regional pond is designed for both projects. The stormpond is more than adequate for Indigo Pointe regardless of Blackjack Terrace. City Attorney Combs asked Mr. Kuhlman when the original approval went before the Planning Commission if he discussed the possibility of coming back to convert the storm drainage lot to developable lots? Minutes of July 10, 2006 Page 5 of 11 Mark Kuhlman stated that it was discussed at Planning Commission and at City Council meetings. Patrick Lucas, stated that neither the Planning Commission nor the City Council minutes discuss the holding pond and to look at the County's package. Gil Michael, 228 Seattle Avenue, speaking as the Chair of the Planning Commission informed the Council that he was present at both Planning Commission meetings and at the official Council meetings. Mr. Michael clarified the official recordings are the video tapes of the meetings, the minutes signed by the Planning Commission and the Mayor are the legal summary of the highlights of the meeting. One of the items discussed at length at the site visit was a joint storm pond/regional pond. Mark Kuhlman discussed this at the site visit and was waiting for agreement with Mr. Fingarson to come back with this request and suggested adding a condition of approval Final approval for the two lots subject to County's final approval or signing off of the regional storm pond. Mr. Michael also recommended adding a condition of approval restricting lots 21 & 22 to an internal access. Mr. Michael stated that streets in this area need to be addressed for inadequacy. Jerry Arnett; 288 Goldenrod Street, stated that he has read Roberts Rules of Order to the Council and does not recall reading anything about tapes being used for minutes. Patrick Lucas, 232 Goldenrod Street, went to the County and requested to be at all meetings on the subject because of Indigo Pointe and stated that no decision was going to be made without himself and Mr. Arnett present. Council Member Chang asked Mr. Lucas if he is saying that the County's meetings were not properly noticed? Mr. Lucas stated yes, he has a letter and that the Council is not receiving all the information. Mark Kuhlman clarified that there has not been a Public Hearing. There will be a Public Hearing for public input. Mr. Kuhlman addressed Ms. Lipka's concern for significant trees and that it will be addressed prior to final plat approval. Council Member Wyatt asked Mr. Kuhlman to address the parks. Mr. Kuhlman stated he reviewed the Conditions of Approval for the Plat and based on the 20 lots the impact fee for the park is $4,000.00. In addition the open space is intended for native vegetation for the Habitat Management Plan but that Tract 1 has been preserved for Open Space for park type facilities. Minutes of July 10, 2006 Page 6 of 11 Kathy Lipka, questioned the native vegetation and destroying the private properties of Mr. Chamberlain and Mr. Lucas. Betty Pilling questioned where this project is located and questioned the 200 foot buffer and excessive clearing of land for runoff purposes. At 7:58p.m. Mayor Abel closed the Public Hearing. Council Member Geiger questioned Public Works Director Abed regarding the comments made by Mr. Kuhlman regarding the stormwater pond's completion and the fact that it is a stand-alone venture. Public Works Director Abed stated Mr. Kuhlman has worked with Matt Zawlocki and that regional facilities are encouraged and the County will maintain this one. Council Member Chang asked whether or not the City has a say in the development that will impact the City and its residents. City Attorney Combs advised the information is public record for which the City would have access to and depending on the size of the project there would be a SEPA review process. Planning Director Long-Woods commented that there were at least two meetings with the property owner of Blackjack Terrace and that packages were reviewed by the Assistant Engineer. Council Member Wyatt moved and Council Member Moore seconded a motion to approve the application for an amendment for the preliminary plat/rezone of Indigo Pointe with the proposed changes to the conditions of approval adding Condition No. 1 for County approval of stormwater and Condition No. 2 for the internal access of lots 21 and 22 and direct staff to submit a Resolution and Ordinance for review and approval at the next regularly scheduled meeting. Upon vote, motion passed 3 affirmative votes and one dissenting vote. Council Member Chang cast the one dissenting vote. Conditional Use Permit 018-05-Two Bedroom Bed & Breakfast Planning Director Long-Woods reminded Council that this is a continuation of the hearing heard on June 12, 2006. The property is located on the corner of Kitsap Street and Sidney Avenue in a Medium Density Residential and Zoned Residential 8. The primary discussion that warranted continuation of the hearing had to do with off-site parking requirements. The proposal requires a parking space for each bedroom and two Minutes of July 10, 2006 Page 7 of 11 for the facility, for a total of four offsite parking spaces. A contractual agreement and notice to title for four parking spaces are required. At the time of writing the staff report, staff had not received such agreement and therefore the application does not meet the minimum standard to receive approval for the Conditional Use Permit. 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. 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 applicant, either directly or indirectly relating to the property that is involved. There was no comment by any Council Member. City Attorney Combs stated that as of the May 2nd meeting Council members had indicated that there had been no contact and there was no reason they would be jeopardized from making a fair and impartial decision. Council Member Geiger stated that he had casual contact with Ms. Olson in which they discussed historic downtown and her plight but feels that he can still make a fair and impartial decision. Council Member Chang stated he has been in contact with Ms. Olson but had no discussion regarding the hearing. No one came forward with objection. At 8:12 p.m. Mayor Abel opened the Public Hearing. Lorraine Olson, 724 Kitsap Street, distributed the parking lot agreement and informed the Council that she has consulted with the County Auditor's Office, public works department and a title company regarding deed restrictions for parking spaces but was not clear on off-street parking requirements. She stated that if she owned 6 cars, she could park them in front and side of her home and requested the Conditional Use Permit be approved based on a good faith effort. Dulce Setterfield, 910 Kitsap Street, spoke in support of the proposed Bed and Breakfast and recommended a swift approval. Ms. Setterfield expressed concern for the additional expense for renting off-site parking when street parking already exists, further stating that most guests would be staying during the weekends when there are no time restrictions. She cited the example of the commercial vehicle that parks on Kitsap Street, which takes up as much as three parking spaces. Minutes of July 10, 2006 Page 8 of 11 Gil Michael, 228 Seattle Avenue, speaking as a resident, stated that he had a similar problem with the approval of his Bed and Breakfast and asked that parking requirements be addressed by the City. Mr. Michael does not feel that the Code needs to be or should be changed and that the Conditional Use Permit allows the governing body to have a condition of approval with special considerations. Mr. Michael suggested that if a legitimate proposal met the intent of the Ordinance and met the neighborhood requirements those parking requirements could be modified or changed under the Conditional Use Permit if the language under the Bed and Breakfast allowed that to be so. Betty Pilling stated that Bed and Breakfasts are an absolute must to a community who wants to invite visitors and encouraged the Council to work with the applicant. Ms. Olson thanked all who spoke and the nine neighbors and friends who have been supportive. Donna Wagner, co-worker of Ms. Olson stated that Ms. Olson is doing everything to meet the parking requirements and that parking in Port Orchard is confusing. At 8:32p.m. Mayor Abel closed the Public Hearing. Council Member Moore questioned whether or not the parking agreement is a legal document. City Attorney Combs stated that yes, but it does not meet the conditions of the Code and is the same document that was presented to the Council on June 12, 2006. The parking agreement must be tied to the property for the length of the Conditional Use Permit. Council Member Wyatt stated that the document defines the business name, location and tax numbers for both parties and asked what else is needed to be binding. City Attorney Combs stated that the Council does not have the information needed to approve the Conditional Use Permit but could approve it subject to providing the appropriate document and offered to donate his time to draft a document for Ms. Olson. Council Member Moore moved and Council Member Wyatt seconded a motion to approve the application (CUP 018-06) for a Two-Bedroom Bed and Breakfast facility with the condition that the appropriate documentation is provided for the off-site parking requirement and direct staff to prepare a Resolution for the next regularly scheduled Council meeting. Minutes of July 10, 2006 Page 9 of 11 Council Member Geiger stated that the requirements were passed without Bed and Breakfasts in mind in regards to all day parking and that it was not the intent to have an onerous requirement. Council Member Chang restated that Council does not have discretion to waive the parking requirement for this application. Upon vote, motion passed unanimously. CONSENT AGENDA Council Member Wyatt moved and Council Member Moore seconded a motion approving the Consent Agenda. Upon vote, motion carried unanimously. A. Approval of Claim Warrants #45849 -45958 in the amount of $256,262.78 and June Payroll Warrants #139891 -139975 and Direct Deposits in the amount of $500,973.40. B. Minutes of the June 26, 2006 City Council Meeting C. Minutes of the June 1, 2006 Joint Planning/Council Downtown Redevelopment Meeting D. Minutes of the June 13, 2006 Joint Planning/Council Downtown Redevelopment Meeting E. Minutes of the June 28, 2006 Joint Planning/Council Downtown Redevelopment Meeting BUSINESS ITEMS Adoption of Resolution No. 026-06 Acceptance of Phase II of the Joint Wastewater Treatment Facility. Public Works Director informed the Council that the work on the Joint Wastewater Treatment Facility was finalized on April 19, 2006 and formally dedicated on July 8, 2006. Council Member Geiger moved and Council Member Wyatt seconded a motion to adopt Resolution No. 026-06 accepting completion of Phase II of the Joint Wastewater Treatment Facility Expansion Project and instruct staff to proceed with final closure of this contract. Upon vote motion passed unanimously. Adoption of Resolution No. 025-06 Forest Song. Council Member Moore moved and Council Member Wyatt seconded a motion to adopt Resolution No. 025-06 approving the application for preliminary Minutes of July 10, 2006 Page 10 of 11 plat/planned residential development of Forest Song with conditions as outlined in Resolution No. 025-06. Upon vote motion passed unanimously. Adoption of Resolution No. 022-06 Approval of Corrections to Development Fees. Public Works Director Abed made one correction to the attachment stating that under "Additional Plan Review" the fee states "FREE $50.00", it should read just "50.00". Council Member Chang moved and Council Member Moore seconded a motion to adopt Resolution No. 022-06 approval of Development Fees as corrected. Upon vote, motion passed unanimously. Discussion: Update on Broadcasting Council meetings. Council Member Wyatt informed the Council that this subject would be brought to the full Council on July 24, 2006. Mayor Abel added that there would be three issues, Policy on Broadcasting, first reading of Wave Cable franchise and finalizing the taping with BKAT. COUNCIL/MAYOR & STAFF REPORT The following committee meetings were set during the Council meeting: Economic Development Committee, Thursday, July 20, 2006-7:00p.m. at City Hall. Street Committee Wednesday, July 19, 2006-6:30p.m. or 7:00p.m. at City Hall. Planning Director Long-Woods reported that there are four applications for Preliminary Plat in process that have a significant amount of significant trees. There is no place on the subject properties or in any City park or property to put the number of replacement trees that would be required. Council placed significant trees on the July 24th Council Agenda as a discussion item. Planning Director Long-Woods gave the status of the revisions to the policies and procedures for receiving applications within the Engineering/Building and Planning Departments. Planning Director Long-Woods gave an update on the Interlocking system used for permitting. Minutes of July 10, 2006 Page 11 of 11 Public Works Director Abed informed Council that they had a Pre-Construction Meeting with Ace Paving for the Overlay Projects, which will begin August 1, 2006 and that the Water System Intertie project will bid on the July 27, 2006 and will be brought to the Council in August for award of the bid. Public Works Director Abed also informed the Council on the status of the Cedar Heights sidewalks and that they are working with Westsound Engineering. Public Works Director Abed informed the Council of the discussion with Mr. Lee Sebring and South Kitsap School District interest in participating in the Latecomers Agreement. Public Works Director Abed informed the Council that a specialized contractor has been hired for the testing of the led based paint and depending on the outcome picket removal will begin next week. In addition, Mr. Abed stated that he would like to bring the paint color picked by the Downtown Merchants Association and Public Property Committee to full Council for a final decision. Public Works Direct Abed informed Council that the Building Inspector interviews are scheduled for July 14, 2006 and they hope to have the new inspector on board prior to the current inspector leaving in mid-August. City Attorney Combs requested that a 1 V2 hour Executive Session to discuss Labor Negotiations be put on the August 28, 2006 Council Agenda. Mayor Abel informed the Council, staff and audience that Jill Boltz has been the City's Acting Deputy City Clerk due to the vacancy of the City Clerk position and the absence of the Interim City Clerk, Michelle Merlino. ADJOURNMENT At 9:38 p.m. Mayor Abel adjourned the meeting. Clerk Kim E. Abel, Mayor