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04/14/2007 - Regular - MinutesPRESENT: City of Port Orchard Council Meeting Minutes Regular Meeting of May 14, 2007 Kim E. Abel, Mayor Council Members: Mayor Pro-tem Wyatt, Chang, Clauson, Dilenno, Geiger, Powers and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, Planning Director Long Woods, City Clerk Merlino, Interim Deputy Clerk Gilreath, and City Attorney Combs. 7:03 P.M. CALL TO ORDER Gerry Harmon led the audience and Council in the Pledge of Allegiance. PRESENTATION Mayor Abel read a City of Port Orchard Proclamation which was presented to Police Chief Townsend. Mayor Abel proclaimed the Week of May 13-19, 2007 as Law Enforcement Week and Tuesday, May 15, 2007, as Peace Officer's Memorial Day in Port Orchard. PUBLIC HEARING Moratorium on Home Occupation and Home Professions City Attorney Combs stated that under State law, the Council is required to conduct a Public Hearing within 60 days from the date a moratorium is adopted. Ordinance 005-07 was adopted on March 26, 2007 and will remain in effect until September 25, 2007 unless the Council modifies or terminates the moratorium prior to that date. At 7:08 Mayor Abel opened the Public Hearing. John Lackey/ 709 Smith Street, asked the Council to consider a distinction between home occupation and home professions in the moratorium. Mr. Lackey urged the Council to allow home professionals, who operate their business from home without customers coming to the homer to apply for licenses as they always have. There were no further public comments. At 7:10 p.m. Mayor Abel closed the Public Hearing. Minutes of May 14, 2007 2 of 9 Council Member Diienno moved and Council Member Chang seconded a motion to terminate the moratorium adopted by Council on March 26, 2007 as Ordinance No. 005-07. Council Member Dilenno expressed concern that the moratorium is preventing viable businesses from operating within the City. A discussion followed regarding the methods required to verify that the business is being conducted by the occupant of the home. Council Member Clauson stated that the City needs a clear understanding of what the intent is for the home business. Upon vote, the motion failed with three affirmative votes and four dissenting votes. Council Members Clauson, Powers, Putaansuu and Wyatt cast the dissenting votes. The Council discussed the appropriateness of waiting until September to make a decision. A consensus was reached that this item needs to be addressed as soon as possible. City Attorney Combs stated that the issue can be placed on the June Planning Commission Agenda to make a recommendation and return to Council for action in July. Council Member Clauson moved and Council Member Putaansuu seconded a motion that the moratorium adopted by Council on March 26, 2007 as Ordinance No. 005-07 remain in effect until no later than September 25, 2007, unless terminated by Council; and direct staff to begin drafting proposed new requirements for allowing home occupations or professions to be reviewed by the Council in July, 2007. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Council Member Diienno cast the one dissenting vote. APPROVAL OF AGENDA The Executive Session was moved to follow approval of the Consent Agenda. AUDIENCE COMMENTS Michelle Merlino, City Clerk, presented a plaque to City Attorney Combs in recognition of his support and contributions to the American Cancer Society on behalf of the City of Port Orchard Employees Relay for Life Team. Audience comments regarding Business Item No. 7-D, Parking Standards for Bed & Breakfasts, will be heard during the discussion on that item. There were no further comments from the audience. Minutes of May 14, 2007 3 of9 CONSENT AGENDA Council Member Diienno moved and Council Member Wyatt seconded a motion to approve the consent items. Upon vote, motion passed unanimously. A. Approval of Claim Warrants No. 47622-47752 totaling $414,106.86 B. Minutes of the April 23, 2007 City Council Meeting C. Approval of Ordinance No. 009-07 Repeal POMC 9.54 -Incarceration Rates (Hunt/Townsend) D. Approval of Ordinance No. 010-07 Repeal POMC 10.80 -Traffic Violation Bureau (Hunt/Townsend) E. Adoption of Resolution No. 012 07 015-07* Approval of Horstman Heights Plat Significant Tree Removal (Long-Woods) *Note: Scriveners error-correct Resolution No. is 015-07 EXECUTIVE SESSION At 7:35 p.m. Council moved into Executive Session for 20 minutes for the purpose of discussing potential litigation and a real estate item. At 7:55 p.m. the executive session was extended an additional 10 minutes. At 8:05 the executive session was extended an additional 5 minutes. At 8:10 p.m. Mayor Abel reconvened Council back into regular session. BUSINESS ITEMS Approval of the April 17, 2007 Council Public Hearing Minutes Regarding Downtown Overlay District Council Member Chang moved and Council Member Diienno seconded a motion to approve the April 17, 2007 Council Public Hearing minutes regarding Downtown Overlay District. Upon vote, motion passed unanimously. Approval of the April 30, 2007 Council Study Session Minutes - Downtown Overlay District Council Member Putaansuu moved and Council Member Wyatt seconded a motion to approve the April 30, 2007 Council Study Session -Downtown Overlay District minutes with the yellow highlighted map attached. Upon vote, motion passed with six affirmative votes and one abstaining vote. Council Member Diienno cast the abstaining vote due to nonattendance at the meeting. Meeting with the Initiating Parties Regarding Notice of Intent to Annex -Tallman Property Planning Director Long Woods presented the staff report and noted that Jim and Dian Tallman submitted a Notice of Intent to Petition for Annexation to annex six Minutes of May 14, 2007 4 of 9 parcels located west of the intersection of Sidney and Hovde Road SW. These parcels have been added to the City's Urban Growth Area through Kitsap County's Comprehensive Plan. Planning Director Long-Woods stated that the initiating parties had not received a formal Notice of Intent to Meet. City Attorney Combs advised that the Council needs to set a date and time for the meeting and send a formal notice to the initiating parties. Council Member Diienno moved and Council Member Clauson seconded a motion to set a meeting on May 29, 2007, with the initiating parties regarding the Notice of Intent to Annex. Upon vote/ motion passed unanimously. Adoption of Ordinance No. 011-07 Regarding Parking Standards for Bed and Breakfast Facilities Planning Director Long-Woods presented the staff report and stated that the Council directed staff to draft changes in both the Zoning Ordinance and Municipal Code to allow up to three on-street parking permits per Bed and Breakfast facility if on-site parking was not available. Gil Michael, 228 Seattle Avenue, requested that this item be set aside temporarily so that he could review information he received at this meeting. Mayor Abel moved this item to follow the Interim Sign Ordinance in order to give Mr. Michael time to review the documentation. Adoption of Ordinance No. 006-07 Interim Sign Ordinance Public Works Director Abed presented his staff report stating that this item was tabled at the April 9, 2007 Council Meeting. The Public Property Committee considered the issue and recommended developing interim sign requirements that would allow downtown merchants to advertise without having to wait for a revised sign code to be adopted. Council Member Powers moved and Council Member Clauson seconded a motion to approve Ordinance No. 006-07 approving interim sign standards for Downtown Port Orchard. Council Member Powers stated that the Public Property Committee gave this matter serious consideration and recommended that signs can be placed on the building, on the top of the marquee and the underside of the marquee until a revised sign code is adopted. Council Member Chang suggested the word "working" be added to the Ordinance on Page 3, Section 3, Item G between the words "any" and "movie theater". Council Member Chang further stated the new language would prevent the Minutes of May 14, 2007 5 of 9 exemption from the sign ordinance to advertise anything other than the current movies. Council Member Geiger stated that he was in favor of keeping the traditional movie marquee and the current lack of a theater tenant is temporary. It was Council Member Geiger's recollection that the Council stated the sign could be reaffixed to the marquee after the rail was removed since it has been part of the building since 1923. Council Member Wyatt stated that the Council received a letter and survey from the Port Orchard Bay Street Association dated May 11, 2007, indicating the majority of business owners do not want signs posted on top of the marquee. Council Member Wyatt further stated that he cannot support their opinion because the history of this particular sign indicates it is exempt from the Sign Ordinance. Council Member Chang introduced a photograph of the theater on Bay Street which he obtained from the Kitsap Historical Society/Log Cabin Museum of Bay Street which was taken during the 1950's. Council Member Clauson reminded the Council that the original intent of the Interim Sign Ordinance was to allow the merchants to reattach the signs that were removed when the marquee rail was removed. The Interim Ordinance was to provide all options for the placement of the signs until the full design standards are approved. Mayor Abel reminded the Council that according to existing code, a sign permit can only be issued to existing businesses and since the theater is not an existing business at this time, a sign would not be permitted. At 9:03 p.m. Mayor Abel called for a seven minute recess with the meeting reconvening at 9:10 p.m. City Attorney Combs read from the sign code the definition of an abandoned business. However, Attorney Combs stated there is nothing in the sign code that states specifically that an abandoned business must remove their sign. Council Member Putaansuu moved and Council Member Dilenno seconded a motion to amend the original motion to add the word "working" (a business that is in operation) before the word "theater" on Page 3, Section 3, Item G. City Attorney Combs stated that an executive session would be advisable at this time with Council Member Geiger excluded because of a conflict of interest. Minutes of May 14, 2007 6 of9 Council Member Diienno moved and Council Member Putaansuu seconded a motion to go into executive session for ten minutes to discuss possible legal action regarding this matter. The Council may be required to take action upon the Council's return to the meeting. Upon vote, motion passed with six affirmative votes and one abstention. Council Member Geiger cast the one abstaining vote due to a conflict of interest. At 9:36 p.m. Council moved into executive session. At 9:46 p.m. Mayor Abel reconvened Council back into regular session. Council Member Putaansuu removed his amended motion regarding the addition of the word "working" before the word "theater" on Page 3, Section 3, Item G. Council Member Putaansuu moved and Council Member Diienno seconded a motion to amend the original motion to change the wording in Section 2 of proposed Ordinance No. 006-07 by removing the following language in the last sentence "or to the top of the marquee upon approval of the City Engineer." A discussion followed regarding attaching signs to the building rather than the marquee. Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to approve Ordinance No. 006-07 as amended approving interim sign standards for Downtown Port Orchard. Council Member Powers advised staff that merchandise is being hung from the marquee which is in violation of Section 3, 15.16.120. Upon vote, motion passed unanimously. Adoption of Ordinance No. 011-07 Regarding Parking Standards for Bed and Breakfast Facilities The discussion of this Ordinance was previously set aside. Mayor Abel brought the item back for discussion at this time. Kathy Michael, 228 Seattle Street, suggested that the Police Department should not be involved in issuing the parking permits. Mrs. Michael further stated Minutes of May 14, 2007 7 of 9 typically the owner creates their permits on a computer and she submitted a sample of such a permit. Mrs. Michael is concerned that on-site parking is not addressed in the Ordinance before the Council. Gil Michael, 228 Seattle Street, suggested that Section 1, e: 3) be deleted because this requirement is satisfied by the Conditional Use Permit process. Mr. Michael asked the Council to approve Ordinance 011-07 with this change. Council Member Diienno moved and Council Member Clauson seconded a motion to approve Ordinance 011-07 for the proposed changes to Zoning Ordinance 1748 and Chapter 10.14.030 of the Municipal Code to allow bed & breakfast facilities to acquire on street parking permits for paying guests of the bed & breakfast. Council Member Diienno asked City Attorney Combs to correct Page 2, third Whereas, the reference to a rezone request should be removed as it is a typographical error. A discussion followed regarding standardizing the on-street parking permit process and the appeal process should an applicant disagree with the decision of the Planning Director regarding on-site parking. Upon vote, the motion passed unanimously. Council Member Clauson moved and Council Member Powers seconded a motion that we extend the meeting to include the Business Items only. Upon vote, motion passed unanimously. Adoption of Ordinance No. 008-07 Regarding Expedited Review by Outside Consultant Public Works Director Abed presented the staff report and stated this Ordinance will provide developers with a mechanism to expedite the development review process by the City. Council Member Clauson moved and Council Member Wyatt seconded a motion to approve Ordinance No. 008-07 to establish an expedited review of Land Use Permit Applications by outside engineering firms under City staff oversight. A discussion followed on the steps involved in the expedited review and an estimate of the costs involved to the developer. Minutes of May 14, 2007 8 of9 Council Member Clauson stated that the Ordinance should include the request that the Council receives a status report in six months indicating how this process is performing. Council Member Dilenno suggested that Paragraph 5 be removed as it refers to the City of Fife. Council Member Dilenno further stated that the manner in which the applicant is going to be notified of their appeal process should be included in the Ordinance. City Attorney Combs suggested adding a sentence to Section 18.30.2 any final decision of the director shall contain the applicant's appeal rights. Council Member Diienno moved and Council Member Clauson seconded an amendment to the main motion to correct scriveners errors and make suggested changes to Ordinance No. 008-07. Upon vote, motion passed unanimously. Upon vote, original motion as amended passed unanimously. Authorization for the Mayor to Sign Contract Extension with Parametrix for Engineering Consultant This item was pulled from the agenda for further review. Authorization for the Mayor to Sign Agreement with NW Management Consulting, Inc. Regarding Employee Salary Survey The Finance Committee directed the City Clerk to start the process of securing a Salary Consultant to review the salaries of the non-union represented City Employees. Upon conclusion of the proposal and interview process, the Finance Committee selected NW Management Consulting, Inc. to conduct employee interviews, review current job descriptions and review employee salary and benefits. Council Member Clauson moved and Council Member Putaansuu seconded a motion to authorize the Mayor to sign the Professional Services Agreement with NW Management Consulting, Inc. to conduct a non-represented salary and benefit study of City of Port Orchard employees in the amount of $16,160.00. Upon vote, motion passed unanimously. Authorization to Contribute to Kitsap Economic Development Alliance The Finance Committee recommended authorizing $2,500.00 to support the Kitsap Economic Development Alliance (KEDA) for the first portion of 2007, with a review of the work plan and outcomes mid-year to determine if further support should be authorized. Minutes of May 14, 2007 9 of 9 Council Member Dilen no moved and Council Member Wyatt seconded a motion to authorize the payment of $2,500.00 to the Kitsap Economic Development Alliance. Upon vote, the motion passed unanimously. Discussion: Planning Commission Recommendation on DOD Wings This discussion item comes to the Council as a result of the Downtown Overlay District Special Study Session held on April 30, 2007 on whether the Council should request the Planning Commission make a recommendation to the Council on the ordinance regarding DOD east and west wing boundaries. Council Member Wyatt moved and Council Member Clauson seconded a motion to direct the Planning Commission to make a recommendation on the DOD east and west wing boundaries. Council further directed the Planning Commission to make this request a priority on the Commission's schedule. Upon vote, the motion passed unanimously. ADJOURNMENT At 10:16 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor