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10/08/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of October 8, 2007 Council Members: Mayor Pro-Tem Wyatt, Chang, Clauson, Diienno, Geiger, Powers, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, City Treasurer Tompkins, Planning Director Long-Woods, City Clerk Merlino, Deputy Clerk Kirkpatrick, and Assistant City Attorneys Jacoby and Forbes. 7:00 P.M. CALL TO ORDER Lee Root, City of Port Orchard HR Analyst, led the audience and Council in the Pledge of Allegiance. PRESENTATION Ross Audrey, Northwest Salary Consultant, provided an update on the City of Port Orchard's salary survey. Council Members held a brief discussion on determining the comparable cities and the target goal for average of overall positions. Each Council Member would consider the matter and let the Finance Committee know what their target preference would be. Mr. Audrey stated there would be some structural changes that would encourage employees to grow within the organization and make it a career; however, he encouraged the Council to focus the target goal on the way the City operates today. PUBLIC HEARING Comprehensive Plan/Zoning Designations for Christina Phelps Planning Director Long-Woods presented the staff report, noting that the property owner submitted a Petition for Annexation to annex one parcel totaling .61 acres located on the west side of Bethel Avenue, at 2516 Bethel, Parcel No. 4625-000-001- 0105. The Notice of Intent to Petition for Annexation was reviewed by the City Council at its May 29, 2007 meeting and the applicant submitted the formal Petition for Annexation in July 2007. The applicant is requesting to be annexed with the City comprehensive plan designation of Commercial and zoning designation as Commercial- Retail/Office to allow for the remodel of the existing structure for use as a small restaurant to be called "Delilah's Kitchen." Further, this request is not affected by the recent moratorium, which specifically dealt with new development within the unincorporated areas of the County. Minutes of October 8, 2007 Page 2 of 10 At 7:28 p.m. Mayor Abel opened the public hearing. Christina Stupenich, representing Christina Phelps, stated that the existing use is Commercial. There were no further public comments. At 7:29 p.m. Mayor Abel closed the Public Hearing. Annexation Request for Christina Phelps Planning Director Long-Woods presented the staff report, noting the property owner was requesting to annex .61 acres located on the west side of Bethel Avenue, 2516 Bethel, Parcel No. 4625-000-001-0105. The first public hearing held August 27, 2007 was to identify proposed Comprehensive and Zoning designations for the property to become effective upon approval of the annexation request. The Boundary Review Board (BRB) approved the Petition for Annexation on September 13, 2007. At 7:30 p.m. Mayor Abel opened the public hearing. Christina Stupenich, representing Christina Phelps, was available to answer any questions. There were no further public comments. At 7:31 p.m. Mayor Abel closed the Public Hearing. Corner Deli II-Conditional Use Permit CCUP 026-07} Planning Director Long-Woods presented the staff report, noting that the proposal is to use approximately 350 square feet of a 2,400 square foot leased spaced currently being used as offices for a gas company. The space would include an espresso stand and a portable display cooler containing sandwiches for sale. The sandwiches and menu items would be made off-site and there will be no external modifications of the building, except for a sign. Eating and drinking establishments are allowed in an Industrial area with a Conditional Use Permit (CUP). The Planning Commission reviewed testimony at their September 17,2007 meeting and recommended approval of the CUP. Assistant City Attorney Jacoby reminded the Council they were sitting as a Quasi Judicial Body for this matter. Further, Assistant City Attorney Jacoby acknowledged that state law governing appearance of fairness, conflict of interest, and ex-parte communication apply to the City Council Members and asked each Council Member the following questions: • To disclose if they had any financial interest in this project; Minutes of October 8, 2007 Page 3 of 10 • If they could make a fair and impartial decision on this application, based upon facts that have been presented and facts that will be presented; • If they have had any ex-parte communication prior to this Public Hearing; and • If anyone in the audience feels any member of the Council should be disqualified due to appearance of fairness or conflict of interest. No response was received from Council Members or the audience. At 7:33 p.m. Mayor Abel opened the public hearing. Annette Stewart, applicant, stated she was willing to abide by all the conditions set forth in the Conditional Use Permit. There were no further public comments. At 7:36 p.m. Mayor Abel closed the Public Hearing. Council Member Wyatt moved and Council Member Clauson seconded the motion to approve the request for Conditional Use Permit for the Corner Deli II (CUP 026-07) and direct staff to submit a resolution for approval at the next regularly scheduled Council meeting. Upon vote/ the motion passed unanimously. Design Review Board Planning Director Long-Woods presented the staff report, noting that this was an amendment to the City's Municipal Code to add Chapter 2.76 for Design Review Board and Chapter 18.94 for Design Review Process, which has been the result of ongoing discussions on the drafting of the Downtown Overlay District (DOD) regulations. The Public Hearing is to discuss the proposal to add the two new chapters. Planning Director Long-Woods further commented it is staff's intent to use this newly created body for review of projects within the downtown "core" and the Council could choose at a later date to add this function to other areas of the City including the DOD "Wings." Assistant City Attorney Jacoby requested direction from the Council on two issues. The first is whether or not the Council will make the final decision after the Design Review Board's decision. The alternative would be to allow the Planning Director that control with an appeal process back to the City Council. The second item was whether or not to waive the application fees for incentive. At 7:43 p.m. Mayor Abel opened the Public Hearing. Gil Michael, 228 Seattle Avenue, questioned the need for three professionals to sit as members of the Design Review Board. He encouraged the Council to consider reversing Minutes of October 8, 2007 Page 4 of 10 the number of professionals to two and the number of laypersons to three. He was concerned that the professionals would not defer to the layperson. There were no further public comments. At 7:47 p.m. Mayor Abel closed the Public Hearing. Council Members noted the following concerns, with further discussion later in the meeting: • The Council would make the final decision based upon the Design Review Board's recommendation. The Council could at a later date amend section 18.94.070 to allow the final decision be made by the Planning Director; • 18.94.080 Fees. As a policy decision, the Council could waive the design review application fees as an incentive to developers. APPROVAL OF AGENDA The following item was added to the agenda after Consent Agenda: • A 10-minute Executive Session regarding potential litigation. AUDIENCE COMMENTS Gerry Harmon, 906 Kitsap Street, voiced disappointment in the City Council for approving the Downtown Overlay District. She expressed frustration that the Council did not listen to the community on this issue; rather they appeared to have their minds made up prior to the final decision. George Cook, Quadrant Homes asked to speak during Business Item 7K Traffic Impact Study in the Sidney/Sedgwick area. Mike Blankenship requested the Council consider quit claiming a portion of street located at 826 and 830 Division Street as it was incorrectly deeded to the City. Mayor Abel referred the matter to the Street Committee, which would be meeting on October 18, 2007. Richard Brown spoke in favor of the Council moving forward with the Traffic Impact Study. He further stated that hiring land use planners and engineers was at a premium and urged the Council to give the Mayor flexibility to hire the right people for the job. CONSENT AGENDA Council Member Wyatt moved and Council Member Geiger seconded the motion approving the Consent Agenda. Upon vote, motion passed unanimously. Minutes of October 8, 2007 Page 5 of 10 A. B. c. Approval of Claim Warrants Nos. 48481 -48562 totaling $237,152.10 and August Payroll Warrants Nos. 141033 through 141043 and Direct Deposits in the amount of $377,349.25. Minutes of the September 24, 2007 City Council Meeting Adoption of Resolution No. 021-07 Approving the Parking Plan for Railway Marina BUSINESS ITEMS: Adoption of Ordinance No. 033-07. Approving the Comprehensive Plan/Zoning Designations for Christina Phelps Propertv Planning Director Long-Woods presented the staff report, noting staff recommended approval of Ordinance No. 033-07 for the Comprehensive Plan and Zoning Designations of Commercia/upon approval ofthe annexation. Council Member Diienno moved and Council Member Wyatt seconded the motion to adopt Ordinance No. 033-07 approving the Comprehensive Plan/Zoning Designations for Christina Phelps property, Parcel No. 4625- 000-001-0105. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 034-07. Approving the Annexation for Christina Phelps Property Planning Director Long-Woods presented the staff report, noting her recommendation to adopt Ordinance No. 034-07, approving the annexation request to annex Parcel No. 4625-000-001-0105 into the City of Port Orchard. Council Member Dilenno moved and Council Member Wyatt seconded the motion to adopt Ordinance No. 034-07, approving the annexation of Parcel No. 4625-000-001-0105 into the City of Port Orchard and adopt the simultaneous designation of "Commercial' on the City of Port Orchard's Comprehensive Plan map and "Commercial-Retail/Office" on the Zoning map. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 026-07. Amending POMC Regarding Home Business and Zoning Ordinance Relating to Home Business Planning Director Long-Woods presented the staff report, noting the City Council had placed a moratorium on Home Businesses in April 2007. Since that time, the City Attorney has drafted proposed changes to Zoning Ordinance No. 1748, to include revising some of the requirements to allow home occupations, home professions, and cottage industries within the City limits. The proposed ordinance incorporates the changes suggested by the Planning Commission at their June 18, 2007 meeting and the Growth Management Committee's meeting of September 24, 2007. Minutes of October 8, 2007 Page 6 of 10 Assistant City Attorney Forbes reviewed the changes to the document as requested by City staff, noting a few minor changes. The first is to change 5.99.030 by removing the words "City Clerk" and inserting "City Treasurer/' and a change to 5.99.040(2)(c) by removing "5.99.040" and inserting "5.99.050." Council Member Diienno moved and Council Member Clauson seconded the motion to adopt Ordinance No. 026-07, proposing changes to Zoning Ordinance No. 1748 relating to Home (cottage) Industries, Home Occupations, and Home Professions, and adding a new chapter to the Municipal Code, Chapter 5.99, "Home Businesses", with any corrections or deletions that might be made during discussions, those being a change to 5.99.030 removing the words "City Clerk" and inserting "Treasurer;" and a change to 5.99.040(2)( c), removing "5.99.040" and inserting "5.99.050." Upon vote, the motion passed unanimously. Adoption of Ordinance No. 035-07 Relating to the Design Review Board Planning Director Long-Woods presented the staff report, noting this is an amendment to the Port Orchard Municipal Code to add Chapter 2.76 for Design Review Board and Chapter 18.94 for Design Review Process, and is a result of ongoing discussions on the drafting of the Downtown Overlay District (DOD) regulations. At this time, the application of the Design Review Process is specific to the DOD; however, the Council could apply it to other Overlay Districts in the future. Council Member Clauson moved and Council Member Wyatt seconded the motion to adopt Ordinance No. 035-07, adding Chapter 2.76 Design Review Board and Chapter 18.94 Design Review Board Process to the City of Port Orchard Municipal Code. Council Members discussed the following Design Review Board items: o Committee formation: The need to have a balance between the layperson and professionals, noting they wanted to keep the group as equal as possible during the decision making process. o Supermajority vote: To determine what that number would be based upon the size of the group. o Eliminating fees as an incentive for developers: Chapter 18.94.080 Fees. Allows for an incentive to encourage development within the downtown overlay district, for those projects that submit a complete design review application within 12 months from the effective date of this ordinance. o 2. 76.060( 4) Powers and Duties: Assistant City Attorney Jacoby clarified that this section provided a catch all for smaller projects that might benefit from going before the Design Review Board for review and recommendation back to the Council. Minutes of October 8, 2007 Page 7 of 10 Council Member Geiger amended the motion and Council Member Wyatt seconded the amendment to amend Chapter 2.76.040 and increase the number of lay positions to 4 and increasing the total membership to 7; to amend Chapter 18.94.070(3)(a) that recommendations shall be approved by 6 or more members; and to amend Chapter 2.76.50, adding the words, "except as otherwise provided." Council Member Geiger further amended the motion and Council Member Wyatt seconded the second amendment to amend 18.94.080 by deleting subsection (2) in its entirety. Upon vote, the amended motion failed, with two affirmative votes and five dissenting votes. Council Members Geiger and Wyatt cast the two affirmative votes. Upon vote the original motion as amended passed unanimously. After a five-minute break, Mayor Abel reconvened the meeting at 9:30 p.m. EXECUTIVE SESSION At 9:30 p.m. Council moved into Executive Session for 10-minutes for the purpose of discussing potential litigation. At 9:40 p.m. Mayor Abel reconvened Council back into regular session. Discussion Item: Proposal Submitted by Caseco Associates, Inc. City Clerk Merlino presented the staff report, noting that the owner of Fur, Fin and Feathers, Mrs. Barringer, had decided to terminate her lease of the property located at 1265 Lloyd Parkway. Mr. Brad Paige, President of Caseco Associates, Inc. has asked to lease this parcel, for additional parking and office space, for a term of 84 months at a monthly fee of $350 plus Leasehold Excise Tax. The Finance Committee has reviewed the proposal and recommends approval of the lease for property located at 1265 Lloyd Parkway with a 4-year term and an option to renew for an additional four years and to renegotiate the current lease located at 1260 Lloyd Parkway with the same four year option to lease with Caseco Associates, Inc. Council Member Powers moved and Council Member Wyatt seconded the motion to authorize City staff to prepare for the next Council meeting a new lease with Caseco Associates, Inc. for property located at 1265 Lloyd Parkway and a renegotiated four-year term lease for property located at 1260 Lloyd Parkway. Minutes of October 8, 2007 Page 8 of 10 Brad Paige, Caseco Associates, requested the Council move forward with the proposed leases, noting that the current building is in disrepair and Caseco Associates would like to begin repairs in order to utilize it as office space before winter. Council Member Clauson explained that the Finance Committee had reviewed comparable City leases to ensure Caseco Associates request was reasonable. Further, Caseco Associates would be paying $350 for the new lease and $250 for their current lease site, for a total monthly lease amount of $600. The Finance Committee further discussed an escalation clause to adjust with the cost of living; however, they recommended that the Council review the two leases in four years. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Council Member Chang cast the one dissenting vote. Discussion Item: Funding Traffic Impact Study in the Sidney/Sedgwick Area Public Works Director Abed presented the staff report, noting that as the City limits develop and expand in the vicinity of Sidney and Sedgwick traffic will become an issue. The City Engineer proposed to take a proactive role in future traffic issues in this area and recommended a traffic impact analysis be performed to encompass the boundaries along the Sedgwick intersection to the Berry Lake intersection. The Finance Committee recommended that an additional agreement be developed between all property owners to help pay for a portion of the total costs of the traffic impact analysis. The work on this request would supplement the update to the transportation element work budgeted for 2008. Assistant City Attorney Jacoby explained there were two kinds of transportation plans to consider. The first is the comprehensive plan level analysis, which analyzes and assesses transportation needs in the community and focuses on areas in the City that need better planning. The second is a project similar to ones completed by Quadrant and Lowe's. This form looks at existing levels of service and what the impact will be to the area. Staff then uses that information to come up with mitigation fees under SEPA. He requested direction on the type of agreement for staff to prepare, as he didn't feel it was appropriate to ask a developer to pay for a comprehensive plan, nor should the City have to pay for the traffic study. Council Member Clauson further clarified that the issue was about an intersection impacted by multiple developers and there was concern that there was not a clear picture on whether or not the intersection can handle future traffic impacts and that it should be tied in as one complete package with access by all interested parties. Minutes of October 8, 2007 Page 9 of 10 Council Member Powers moved and Council Member Chang seconded the motion to continue the meeting until 10:30 p.m. Upon vote, the motion passed unanimously. Council Members discussed different approaches to obtaining a traffic impact study and how to fund the study. George Cook, Quadrant Homes, stated that a traffic impact study was part of the land use application process and he was willing to share the study with City staff. Council Member Powers moved and Council Member Clauson seconded a motion to direct staff to prepare a contract to perform a traffic impact analysis in the Sidney/Sedgwick area and to prepare an agreement with the Developers to pay for a portion of the total costs of the traffic impact analysis. Upon vote, the motion passed unanimously. Authorization for Mayor to Sign Contract for a Consultant to Prepare Graphics for the GUM POD Ordinance Mayor Abel presented the staff report, noting that Council determined that the inclusion of graphics illustrating the recommended and not recommended design standards would be beneficial to the document. Council Member Powers moved and Council Member Chang seconded the motion to authorize the Mayor to sign a contract with a consultant to prepare design standards by electronic format in an amount not to exceed $7,500. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Council Member Geiger cast the dissenting vote. Authorization for Mayor to Sign the Janitorial Services Contract Public Works Director Abed presented the staff report, noting three bids were received: * SMS Cleaning, Inc. $9,169.00 * ABM Janitorial $5,588.21 * E&J Janitorial $6,000.00 The Finance Committee reviewed the proposal and bid tabulation at their October 1, 2007, meeting and recommended that the City enter into a contract with ABM Janitorial to provide janitorial services for City Hall, Public Works Shop facility, the Active Club building, and Port Orchard Library building in a monthly amount not to exceed $5,588.21. Council Member Powers moved and Council Member Putaansuu seconded the motion to authorize the Mayor to enter into a contract with ABM Janitorial Services to provide janitorial services for City Hall, the Active Club building, Minutes of October 8, 2007 Page 10 of 10 Public Works Shop facility, and the Port Orchard Library building for an amount not to exceed $5,588.21 per month. Upon vote, the motion passed unanimously. Discussion Item: Review of Draft Kitsap Regional Coordinating Council Interlocal Agreement Mayor Abel presented the staff report, noting that over the past four months the Kitsap Regional Coordinating Council has been reviewing the existing Interlocal Agreement (ILA) that formed the KRCC. The ILA needed to be reauthorized to address contracting, insurance and other general "best practice" requirements. Other jurisdictions have already approved or are in the process of approving the draft ILA. Council Members directed staff to bring the item forward at the October 22, 2007 meeting for further discussion and to provide clarification on the proposed additional responsibilities and changes to the ILA. Council Member Putaansuu moved and Council Member Wyatt seconded the motion to continue the meeting for five-minutes to address Business Item J: Changing the Date of the Scheduled City Council Meeting from December 24th to Another Date and Adopting Resolution No. 022-07. Upon vote, motion passed with six affirmative votes and one dissenting vote. Council Member Geiger cast the dissenting vote. Discussion Item: Admissions Tax-Continued to the November 13, 2007 Meeting. Discussion Item: Changing the Date of the Scheduled City Council Meeting from December 24th to Another Date and Adopting Resolution No. 022-07 City Clerk Merlino presented the staff report, explaining that the last City Council meeting of 2007 is scheduled on Monday, December 24, 2007, and staff is requesting to reschedule this meeting to either the week prior or to a later date in December. Council Member Wyatt moved and Council Member Clauson seconded the motion to adopt Resolution No. 022-07 authorizing the rescheduling of the last City Council meeting in 2007 to December 19, 2007. Upon vote, motion passed unanimously. Kim E. Abel, Mayor