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07/24/2006 - 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 July 24, 2006 Carolyn Powers, Mayor Protem Rick Wyatt ALSO PRESENT: Public Works Director Abed, Interim City Clerk Merlino, Planning Director Long-Woods, Court Administrator Hunt, Public Works Director Abed and Assistant City Attorney Jennifer Forbes. 7:00 P.M. CALL TO ORDER Debbie Hunt, Court Administrator led the audience and Council in the Pledge of Allegiance. EXECUTIVE SESSION At 7:01 p.m. Council adjourned into Executive Session for 10 minutes for a potential litigation and extended the Executive Session an additional 10 minutes. At 7:21 p.m. Mayor Abel resumed Council meeting into regular session. APPROVAL OF AGENDA The following Consent Agenda items were added to Business: • Minutes of the July 10, 2006 City Council meeting • Minutes of the July 5, 2006 Joint Planning/Council Downtown Redevelopment Meeting • Minutes of the July 12, 2006 Joint Planning/Council Downtown Redevelopment Meeting The following item was moved to the August 14, 2006 Council Agenda: • Adoption of Resolution No. 027-06 Final Plat Approval for Gazebo Plat The following items were added to Business: • Discussion on the follow-up from the July 6, 2006 Sewer Advisory Meeting. • Discussion regarding the most recent Budget Summary. • Discussion regarding broadcasting Council meetings. Minutes of July 24, 2006 Page 2 of 8 AUDIENCE COMMENTS Pat Lucas, resident, read into record, a portion from Roberts Rules of Order referring to Recording of the Minutes. Mr. Lucas asked if the City is compliance with Roberts Rules of Order. PUBLIC HEARING Six-Year Transportation Improvement Plan Public Works Director Abed reported based on Washington State Department of Transportation, cities are required to submit their Six-Year Transportation Plan (TIP) annually. Public Works Director Abed submitted copies of the City's six-year plan which covers the year 2007 -2012. This document must be realistic based on the City's budget. Mr. Abed advised Federal and State funding are mostly available on urgent need and competitive basis. The City staff has to look at other ways of funding transportation shortfalls. The best way to do this is by forming Local Improvement Districts (LIDs) by which residents agree to tax themselves to do these improvements, otherwise, impact fees or mitigation assessments will be the other acceptable funding alternatives. Public Works Director Abed reviewed the 17 projects listed on the TIP. At 7:37 p.m. Mayor Abel opened the Public Hearing. Patrick Lucas, resident, commented that the most important issue regarding the City's TIP list should be safety. Mr. Lucas expressed a concern with the possibility of LID's being imposed on City residents. Sidewalks and safety should be the City's first priority. Mayor Abel reminded Mr. Lucas of his three minute comment period. At 7:46 p.m. Mayor Abel adjourned the meeting to have Mr. Lucas escorted from the meeting, due to his disruption of the Council meeting. City Attorney Forbes reported to the Council that Mr. Lucas has been in attendance at many of the City Council meeting and on many occasions has been advised of the three-minute time restrictions. Assistant City Attorney Forbes further reported that on many occasions Mr. Lucas has refused to comply with the Council's time constraints. At this meeting, Mr. Lucas refused to remove himself from the Council podium to allow other citizens an opportunity to comment, therefore making it necessary to have him physically removed from the Council chambers. At 8:00 p.m. Mayor Abel resumed the City Council meeting and asked for audience comments regarding the City Transportation Improvement Plan. Kathie Lipka, resident, asked why improvements to Flower Avenue have never been a part of the City's Six-Year Transportation Plan? Ms. Lipka also asked if the Council wants to hear audience comments. Ms. Lipka advised she would like to have a reply to her questions. Minutes of July 24, 2006 Page 3 of 8 Mike Eliason, Kitsap County Association of Realtors, thanked the City for their recommendations, especially those associated with the Bethel Corridor. Mr. Eliason asked that the City research other funding solutions before placing LID's on properties. At 8:03 p.m. Mayor Abel closed the public hearing. Conditional Use Permit-019-06-Clearwire Planning Director Long-Woods presented staff report regarding a Conditional Use Permit to allow for the installation of three (3) Doradus Panel antennas with GPS at the 60 ft. level and installation of two (2) Radiowave Microwave dishes at the 54 ft level of an existing 90 ft. cell tower plus the addition of a site support cabinet within the fenced compound area. The site location is 700 Mitchell Avenue. Planning Director Long-Woods further commented the Planning Commission recommended approval of this Conditional Use Permit, with 5 conditions, however the Commission added Condition No. 6 as follows: "If any exotic birds build a nest on the applicants equipment, the applicant will be responsible to remove the nest at their own expense." Assistant City Attorney Forbes reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. Assistant City Attorney Forbes asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. Assistant City Attorney Forbes 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. Assistant City Attorney Forbes asked if any member of the audience felt any of the Council Members should not participate in the hearing; there was no response to any of the questions. At 8:08 p.m. Mayor Abel opened the public hearing. Kevin Floyd, representing Clearwire, LLC, concurred with the staff report and added the company will not bring any negative impact to the neighborhood. Mr. Floyd also commented this is a startup company and many of the applications will be phased in. Council Member Powers asked Mr. Floyd if he agreed with the Conditions of Approval. Mr. Floyd advised that Clearwire LLC is in agreement with all the Conditions. Council Member Chang expressed a concern with the coverage area and asked if the company considered the population and/or density of the area. Mr. Floyd advised the coverage area will expand during phase two and three. Mr. Floyd commented the equipment is new and Clearwire will fill in the "holes" as demands for service grow, so will the service to the area. Minutes of July 24, 2006 Page 4 of 8 Council Member Chang asked if service will be provided over the water. Mr. Floyd advised Clearwire is looking into this possibility. Council Member Dilenno questions the coverage area in the downtown area. Mr. Floyd indicated coverage could be disrupted due to the landscape, trees and topography of the land. Council Member Clauson also expressed a concern with the limited coverage area. At 8:17 p.m. Mayor Abel closed the public hearing. Council Member Wyatt moved and Council Member Clauson seconded a motion to adopt Planning Commission Resolution No. 012-06 as their own, with the exception of deleting Condition No. 6 and approve the application for a Conditional Use Permit, CUP 019-06, and further direct staff to prepare a Resolution to be presented at the next meeting. Upon vote, motion passed unanimously. CONSENT AGENDA Council Member Clauson moved and Council Member Powers seconded a motion approving the Consent Agenda as modified. Upon vote, motion carried unanimously. A. Approval of Claim Warrants B. ~1inutes of the July 10, 2006 City Council ~1eeting Moved to Business Items C. ~1inutes of the July 5, 2006 Joint Planning/Council Dovmtown Redevelopment ~1eeting Moved to Business Items D. ~1inutes of the July 12, 2006 Joint Planning/Council Dovmtovm Redevelopment ~1eeting Moved to Business Items E. Approval of Collection Services Agreement between AllianceOne and Port Orchard Municipal Court F. Authorization for Mayor to Sign Agreement for School Resource Officer Minutes of the July 10, 2006 City Council Meeting. Council Member Clauson moved and Council Member Moore seconded a motion to approve the minutes of the July 10, 2006 City Council Meeting. Upon vote motion passed with 5 affirmative votes. Council Members Diienno and Powers abstained from voting, due to not having the opportunity to review the video tape of the July 10, 2006 Council Meeting. Minutes of the July 5, 2006 and July 12, 2006 Joint Planning/Council Downtown Redevelopment Meeting. The Mayor and Council determined, since the majority of the Council were not present at these meetings, no formal action will be required by the Council. However, these minutes should be distributed to the Council. Minutes of July 24, 2006 Page 5 of 8 BUSINESS ITEMS Adoption of Resolution No. 030-06 Approving Indigo Pointe Plat Amendment Council Member Wyatt moved and Council Member Geiger seconded a motion to adopt Resolution No. 030-06 approving with conditions an amendment to the Preliminary Plat of Indigo Pointe, to allow for the subdivision of a stormwater tract into two additional single family lots. Upon vote, motion passed with 4 affirmative votes and 1 dissenting vote. Council Member Chang cast the one dissenting vote. Council Members Powers and Diienno abstained from voting, due to not having the opportunity to review the video tape of the July 10, 2006 Council Meeting. Approval of Resolution No. 028-06 for Conditional Use Permit CCUP-018-06) for a Two-Bedroom Bed and Breakfast. Planning Director Long-Woods distributed to the Council the following documents: • Proposed Agreement for Joint Use of Off-Street Parking Area -Notice to Title • Revisions to Resolution No. 028-06 addition of a second condition • Revisions to Ordinance No. 015-06 Planning Director Long-Woods reported that the Public Hearing approving this Bed and Breakfast was held on July 10, 2006. The applicant is required to provide an off-street parking plan for the guests before obtaining a Certificate of Occupancy. At the Public Hearing the City Attorney agreed to prepare an Agreement for Joint Use of Off-Street Parking Area (Notice to Title). Ms. Long-Woods further advised, before the applicant can receive her Occupancy Permit, she must first have it signed by the Port Orchard Methodist Church and then filed with Kitsap County. Planning Director Long-Woods discussed the proposed amendment to Resolution No. 028-06 by adding another Condition of approval relating to off-street parking. Council Member Clauson moved and Council Member Geiger seconded the motion to adopt Resolution No. 028-06 as modified approving the Conditional Use Permit (CUP 018-06) for a two-bedroom bed and breakfast at 724 Kitsap Street. Council Member Geiger expressed a concern with the time frame for approval, due to the applicant having to secure and record a "Notice to Title" for their property. Council Member Geiger further commented that that "Notice to Title" couldn't be modified unless the City is notified not less than six months prior to the effective date of any modification or amendments. Assistant City Attorney Forbes commented any change to the zoning code would first have to go through the Planning Commission. However this "Notice to Title" is an agreement between the Church and the applicant for the Bed and Breakfast and is not binding to the City in any way. Minutes of July 24, 2006 Page 6 of 8 Council Member Dilenno asked that Resolution No. 028-06 reflect the correct name of the document, i.e. "Agreement for Joint Use of Off-Street Parking Area". Assistant City Attorney Forbes advised this change will be made. Council Member Clauson moved to amend the motion and Council Member Geiger seconded the amendment to approve the "Agreement for Joint Use of Off-Street Parking Area" and to modify section 6.1 of the agreement to read as follows: "This agreement may not be modified, revoked, or amended, except with the written consent of both parties and the authorization by the City Engineer or Planning Commission of the City of Port Orchard; provided the City of Port Orchard, Washington shall be notified not less than six (6) months prior to the effective date of any modification or amendment, except that the City Council may opt to excuse this notice provision upon application of Grantee. Upon vote motion passed with 5 affirmative votes and two abstaining votes. Council Members Powers and Diienno abstained from voting, due to not having the opportunity to review the videotape of the July 10, 2006 Council Meeting. Original motion as amended passed with 5 affirmative votes and two abstaining votes. Council Members Powers and Diienno abstained from voting, due to not having the opportunity to review the videotape of the July 10, 2006 Council Meeting Adoption of Resolution No. 029-06 Adopting the Six-Year Transportation Improvement Program for the Years 2007-2012 Council Member Clauson moved and Council Member Moore seconded a motion to adopt Resolution No. 029-06 adopting the Six-Year Transportation Improvement Plan, for the years 2007-2012. Upon vote, motion carried unanimously. Authorization for the Mayor to Sign Notice to Proceed with Design Work for the Bay Street Franchise Utilities Undergrounding Council Member Clauson moved and Council Member Diienno seconded a motion to authorize the Mayor to sign the Notice to Proceed with franchise utilities undergrounding downtown along Bay Street for a total cost of $78,434.51 and to redirect $35,000 of the property tax revenue from the Street Fund to Current Expense. Upon vote, motion passed unanimously. Council Member Diienno moved and Council Member Moore seconded the motion to direct the Public Works Director to ensure the Street Committee is involved in all phases of the planning for the utilities undergrounding project along Bay Street. Upon vote, motion passed unanimously. Minutes of July 24, 2006 Page 7 of 8 Authorization for Public Work Director to Proceed with Marquee Color Selection Council Member Clauson moved and Council Member Dilenno seconded a motion to authorize the Public Works Director to utilize the recommended the color "Hunter Green" and to authorize the contractor to match as close as possible this color in the painting of the marquee. Upon vote, motion passed unanimously. Don Atkins, Downtown Merchants Association, thanked the Council for this process and requested the momentum to keep moving. Mr. Atkins also requested a Committee be formed to discuss the business owners signs and implementation of restoring the signs on the marquee. At 9:40 p.m. Mayor called for a 4 minute recess. Meeting resumed at 9:44 p.m. Discussion -Significant Tree Requirements as Required in Zoning Ordinance Council Member Wyatt moved and Council Member Moore seconded a motion to adjourn this Council meeting at 10:00 p.m. and extend all remaining discussion or items to the next meeting, if necessary. Upon vote, motion passed with 5 affirmative votes and 2 dissenting votes. Council Members Diienno and Chang cast the two dissenting votes. Planning Director Long-woods presented the staff report regarding the Significant Tree Requirements as required within the Zoning Ordinance. Planning Director Long-Woods reported the zoning ordinance requires that the removal of all significant trees of 18" in caliper or greater shall be replaced at a ratio of 3:1. Some of the developable sites contain between 100-200 significant trees and if the replacement requirement were to be made on these sites, it would significantly limit the number of homes that could be built on their property. Ms. Long-Woods further commented the Ordinance further states that "if there is not sufficient room to replace the trees on site, they could be replaced in another area." Ms. Long-Woods commented some lots do not have any additional areas where the replacement trees could be placed. Ms. Long-Woods presented some suggested recommendations: • Identify a project/property where the trees could be placed, or • Create a fund for the City Beautification Project Council Member Diienno advised currently there are no penalties if a property owner violates the rules of the Significant Tree Retention Plan. Council Member Diienno suggested that value from the harvest of the significant trees be placed into a park fund. The developer would have to provide the value assessment of the trees. Assistant City Attorney Forbes cautioned the City in asking developers to provide the assessment value of the trees. Ms. Forbes suggested the City develop a fee structure that would recognize the value of the significant trees and placing the value of those trees in a fund for the beautification of a park. Minutes of July 24, 2006 Page 8 of 8 Council Member Moore asked what other cities are doing regarding their Significant Trees. Planning Director Long-Woods advised the City of Poulsbo does not have any type of plan; the developers within the City of Bremerton are required to leave 25% of their significant trees and the City of Bainbridge Island has adopted a Heritage Tree Plan. Council Member Wyatt moved and Council Member Clauson seconded the motion to place the Significant Tree Retention Plan into the Economic Development Committee for review. Upon vote, motion failed with 4 dissenting vote and 3 affirmative votes. Council members Moore, Chang, Powers and Diienno cast the four dissenting votes. Council Member Wyatt moved and Council Member Moore seconded a motion to place the Significant Tree Retention Plan into the Growth Management Committee for review. Upon vote, motion passed with four affirmative votes and three dissenting votes. Council Members Geiger, Chang and Diienno cast the dissenting vote. ADJOURNMENT At 10:00 p.m. Mayor Abel adjourned the meeting. L-~~(Yltuv~ Michelle Merlino, Interim City Clerk Kim E. Abel, Mayor