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10/09/2006 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Dilenno Tye Moore Carolyn Powers, Mayor Protem Rick Wyatt City of Port Orchard Council Meeting Minutes Regular Meeting of October 9, 2006 ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Police Chief Townsend, Interim City Clerk Merlino, Interim Deputy Clerk Boltz, City Treasurer Tompkins, City Attorney Combs and Assistant City Attorney Forbes. 7:00 P.M. CALL TO ORDER Tom O'Brien led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Consent Agenda Item 6-D was moved to the October 23, 2006 Council Meeting. The following Consent items were added to Business: • 6-F Adoption of Resolution No. 036-06 Relating to Non-Represented Employees Classified as FLSA Non-Exempt • 6-G Adoption of Resolution No. 037-06 Relating to Non-Represented Employees Classified as FLSA Exempt Executive Employees • 6-H Authorization for Mayor to Sign Contract with ABM Janitorial Services AUDIENCE COMMENTS Rudy Swensen, 710 Bay Street stated that he has conducted title searches and can find no legal attachment of the marquee to the buildings. Mr. Swensen also referenced Ordinance No. 856, clarified that the decision on the marquee was not unanimous and requested that the Council address the marquee within the Downtown Overlay District (DOD). Minutes of October 9, 2006 Page 2 of 8 Ron Rider, 919 Prospect Street informed the Council that he has met with Mr. Crawford and Mr. Peterson regarding the marquee attachment to the buildings. Mr. Rider informed the Council that he has circulated a petition stating that the City does not have permission to attach the marquee to the private properties and requesting the marquee be detached. Mr. Rider requested that something be written into the DOD allowing the marquee to be removed when the building owners are ready to remodel their building. Charlie Williams, 1616 SE Ellis Street, co-founder of Strategic Investment Group spoke regarding the renovation of downtown Port Orchard. Bill Crawford, submitted pictures of his building on Bay Street stating that his building looks worse without the pickets due to the bad design of the marquee. Mr. Crawford illustrated how the marquee changes elevation in the middle of his building and requested that if the marquee is going to stay that the one side be lifted so that it is one line. Dick Peterson, 821, 823, 825 Bay Street stated that Ordinance No. 856 establishing the marquee was not a unanimous decision back in 1970's. Mr. Peterson added that the Council will regret spending the money to repair the marquee when it will eventually come down some day and is inconsistent with the DOD. PUBLIC HEARINGS Conditional Use Permit (CUP -022-06) to Allow for Placement of a Portable Classroom, South Kitsap High School Planning Director Long-Woods presented the staff report for the Conditional Use Permit submitted by South Kitsap School District for the placement of a 1,568 square foot portable classroom on a 0.61 acre site to house the Community Transition Program. The property is designated Commercial on the Comprehensive Map and Zoning is Residential 4.5 (R4.5). The intent of the School District is to seek a Comprehensive Plan Amendment for a Community Facilities designation. 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 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 7:22p.m. Mayor Abel opened the Public Hearing. Minutes of October 9, 2006 Page 3 of 8 Tom O'Brien, Facilities and Operations Director for South Kitsap School District stated that the District purchased a small piece of property adjacent to the High School for future use. Growth in the Community Transition Program has warranted the use of the property. Mr. O'Brien added that improvements will be made so that portable classroom will not look like a portable as this is important for the kids in the program. Mr. O'Brien spoke in regards to the entrance of the portable and that the handicapped access and parking and ramp will not be visible from the street. At 7:28p.m. Mayor Abel closed the Public Hearing. Council Members had questions of applicant that needed a response so at 7:34p.m. Mayor Abel reopened the Public Hearing. Tom O'Brien clarified that the site is elevated approximately six feet above the street with a stone wall the entire frontage of the property with dense shrubbery. Mr. O'Brien added that it is the desire of the OSD department that the portable look as much like a home as possible. At 7:48p.m. Mayor Abel closed the Public Hearing. Council Member Dilenno moved and Council Member Moore seconded a motion to approve Conditional Use Permit {CUP-022-06) to Allow for Placement of a Portable Classroom, South Kitsap High School with conditions including requirement of adding shutters and shrubbery and directed staff to bring back the Resolution at the next regularly scheduled meeting. Upon vote, motion passed unanimously. Conditional Use Permit (CUP 023-06) to Allow a Home Daycare, Menorca Planning Director Long-Woods presented the staff report for the Conditional Use Permit submitted by Jose and Marlyn Menorca. The proposal is for a Conditional Use Permit for an in-home daycare in a 1,690 square foot single-family residence, located on 0.19 acre parcel in the Heron Ridge subdivision. The Comprehensive Plan designation for the parcel is Medium Density Residential and the zoning is Residential 8 (R8). Mr. & Mrs. Menorca wish to operate a home daycare out of their residence. Washington State allows a home daycare to have six children, with no more than two infants per adult staff member, including the children who live at the home. The Menorcas have three children and wish to have no more than five children in addition to their own attend the daycare. The Heron Ridge Subdivision (CCR's) does not allow for home daycares. The Planning Commission requested that the applicant provide a letter from the Heron Ridge Homeowners Association or an officer of the Association granting permission to run a daycare. Upon guidance of the City Attorney's Office it was determined that the City Minutes of October 9, 2006 Page 4 of 8 does not have the authority to enforce this particular CC&R and must remove recommendation No. 5 of Planning Commission Resolution No. 021-06. At 8:03p.m. Mayor Abel opened the Public Hearing. 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. Jose Menorca, 1000 Heron Ridge Avenue, clarified the number of children allowed by the State requirements is 12 and the hours of operation are defined by the State. Mr. Menorca stated the intent of the daycare is to remain a home daycare in a single-family residence. Council Member Dilen no questioned the hours of operation and the traffic if the daycare attendees were not from the Heron Ridge Subdivision. Mr. Menorca stated that because of the nature of the families they wish to serve, the hours of operation would be into the night and suggested making the conditions relative to those of the State requirements. Gil Michael, 228 Seattle Avenue, spoke to the importance of having a daycare facility that would meet the needs of military families and the needs of the community and supports this application. Linda Wyatt, 1111 Olney Avenue questioned the number of children allowed and stressed the importance of having a daycare that provides nighttime hours. She clarified that the State agency will mandate the specific rules and requirements of the daycare and spoke in favor of the application. Loren Combs spoke in favor of the application stating the need for this type of daycare for those parents who do not have the luxury of working normal working hours and/or two parent families. At 8:29p.m. Mayor Abel closed the Public Hearing. Minutes of October 9, 2006 Page 5 of 8 Council Member Powers moved and Council Member Moore seconded a motion to approve Conditional Use Permit 023-06 with Conditions as outlined in the Resolution 021-06 with the exclusion of Condition No. 5 "The applicant must provide a letter from the Heron Ridge Homeowners Association or an officer of the Association granting permission to run a daycare" and direct staff to prepare a Resolution to bring back to the next regularly scheduled Council meeting. Council Member Dilenno spoke against the motion in regards to traffic impact and the double trip in and out created by families who do not live within the subdivision. Planning Director Long-Woods stated that there are conditions that could be created to allow review by the Planning Department if nuisances such as health, safety and welfare are created in the neighborhood and the Planning Department having the ability to review the facility and conditions of approval on an annual basis. Council Member Dilenno moved to amend the motion and Council Member Chang seconded an amendment adding two conditions of approval: 5) Any neighborhood complaints would be brought back to Council for review; 6) Planning Department would review the Conditions of Approval of the Conditional Use Permit on an annual basis for complaints of health, safety and welfare to be brought back to Council if there were any concerns. Upon vote, amendment to the motion passed with four affirmative votes and three dissenting votes. Council Members Moore, Powers and Wyatt casting the dissenting votes. Upon vote, original motion as amended passed unanimously. At 8:45p.m. Mayor Abel called for a 5-minute recess. EXECUTIVE SESSION: At 8:55p.m. Mayor Abel adjourned the Council into Executive Session for 10 minutes to discuss Labor Negotiations. At 9:05p.m. Mayor Abel reconvened the Council meeting into regular session. CONSENT AGENDA Council Member Geiger moved and Council Member Chang seconded a motion approving the Consent Agenda as amended. Upon vote, motion passed unanimously. Minutes of October 9, 2006 Page 6 of 8 A. Approval of Claim Warrant Nos. #46334 -46436 in the amount of $564,561.71 and September Payroll Warrant Nos. #140141 -140200 in the amount of $334,492.93 B. Minutes of the September 11, 2006 City Council Meeting C. Minutes of the September 20, 2006 Continued City Council Meeting D. ~1inutes of the September 25, 2006 City Council ~1eeting Removed from Agenda E. Authorization for the Mayor to Sign Union Contracts a. Public Works Employees (Abed) b. Municipal Court Employees (Hunt) c. Police Clerk Employees (Townsend) F. Adoption of Resolution No. 036 06 Relating to Non Represented Employees Classified as FLSA Non Exempt (~1erlino) Moved to Business G. Adoption of Resolution No. 037 06 Relating to Non Represented Employees Classified as FLSA Exempt Executive Employees (~1erlino) Moved to Business H. Authorization for Mayor to Sign Contract with ABM Janitorial Services (Abed) BUSINESS ITEMS Adoption of Resolution No. 036-06 Relating to Non-Represented Employees - Classified as FLSA Non-Exempt and Resolution No. 037-06 Relating to Non- Represented Employees Classified as FLSA Exempt Executive Employees Council Member Diienno moved and Council Member Clauson seconded the motion adopting Resolution No. 036-06 Relating to Non-Represented Employees -Classified as FLSA Non-Exempt and Resolution No. 037-06 Relating to Non-Represented Employees Classified as FLSA Exempt Executive Employees. Upon vote, motion carried unanimously. Authorization for Mayor to Sign Contract with ABM Janitorial Services Council Member Wyatt moved and Council Member Clauson seconded a motion to have the Finance Committee bring a recommendation to full Council on October 23, 2006 Council Meeting. Upon vote, motion carried unanimously. Authorization for Mayor to Sign Agreement with Kitsap Community Resources Council Member Powers moved and Council Member Moore seconded the motion authorizing the Mayor to Sign Agreement with Kitsap Community Resources. Upon vote, motion passed unanimously. Minutes of October 9, 2006 Page 7 of 8 Authorization for Mayor to Sign Change Order No. 1 for the Street Overlay Program Council Member Diienno moved and Council Member Wyatt seconded the motion authorizing the Mayor to Sign Change Order No. 1 for a total amount of $61,731.16 for the Street Overlay Program. Upon vote, motion passed unanimously. Authorization for the Mayor to Sign Change Order No. 4 for the Marquee Council Member Clauson moved and Council Member Powers seconded the motion authorizing the Mayor to Sign Change Order No. 4 for a total amount of $40,947.39 for the Marquee. Council Member Powers questioned the attachment of the Marquee to the buildings and whether or not it is in the proposed scope of work for the completion of the project. Public Works Director Abed clarified that it is not currently included in the scope of work but could be added and discussed at the Public Property Committee. Upon vote, motion carried with four affirmative votes and three dissenting votes. Council Members Moore, Chang and Diienno casting the dissenting votes. Council Member Wyatt moved and Council Member Moore seconded a motion to continue the Council Meeting to 10:10p.m. Upon vote, motion carried unanimously. Authorization for the Mayor to Sign Change Order No. 2 for Well No. 10, Robinson Noble Council Member Clauson moved and Council Member Wyatt seconded the motion authorizing the Mayor to Sign Change Order No. 2 for Well No. 10, Robinson Noble. Upon vote, motion passed unanimously. Continued Discussion -Use of Facility Construction Fees to Pay Joint Wastewater Treatment Facility Debt Council Member Clauson presented options discussed at the Finance Committee including the recommendation to move forward using the connection fees toward the debt payment and maintaining a 50/50 split with an equal amount each year between the City and Karcher Creek Sewer District. Council Member Clauson moved and Council Member Wyatt seconded a motion to use the Facility Construction Fees collected by the City of Port Orchard toward the payment of the debt for the expansion of the Joint Minutes of October 9, 2006 Page 8 of 8 Wastewater Treatment Facility, with the contribution formula to be shared 50/50 with Karcher Creek Sewer District. After the first two years of collections have been received there shall be an annual review of the rates during the Joint Wastewater Treatment Facility budget process. Upon vote, motion carried unanimously. Discussion -Gross Useable Acreage vs. Net Useable Acreage Council Member Wyatt moved and Council Member Clauson seconded a motion to have the Growth Management Committee discuss Gross Useable Acreage vs. Net Useable Acreage with staff. Upon vote, motion carried unanimously. ADJOURNMENT At 10:05p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor