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02/12/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of February 12, 2007 Council Members: Chang, Diienno, Geiger, Powers, and Putaansuu ABSENT: Council Members: Clauson (excused) and Wyatt (excused) ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, Planning Director Long-Woods, City Treasurer Tompkins, City Clerk Merlino, Interim Deputy Clerk Gilreath and Assistant City Attorney Forbes 7:00 P.M. CALL TO ORDER Dr. Bev Cheney led the audience and Council in the Pledge of Allegiance. PRESENTATION South Kitsap School District Bond Levy Campaign Patty Henderson, President, South Kitsap School Board, presented Council with documents outlining what would be accomplished by the passage of the South Kitsap School District Bond Levy. The projects include a second high school, replacement of South Colby Elementary; technology upgrades, maintenance on infrastructure, roofing and heating/cooling systems, physical education and athletic improvements and repayment of loan on property for the second high school. PUBLIC HEARING CUP 021-06/SDP 69-06/V1176-Verizon Cell Tower (To Be Continued) Council Member Geiger moved and Council Member Chang seconded a motion to continue the Public Hearing on the Proposed Application for a Conditional Use Permit (CUP 021-06), Shoreline Substantial Development Permit (SDP 69-06), and Height Variance (V-1176), to the February 26, 2007 Council agenda. Upon vote, motion passed unanimously. Amendment to Preliminary Plat/Planned Residential Development of Forest Song Planning Director Long-Woods advised the requested proposal is to seek an amendment to a preliminary plat/planned residential development, previously approved under City Council Resolution 025-06. The amendment is to allow clearing, grading and construction of 86 town homes outside of the required 25-foot buffer from Ordinary High Water Mark (OHWM) of a Class 5 stream located on the property based on the Minutes of February 12, 2007 Page 2 of 11 submittal of new information. The property is located at the northwest intersection of Melcher Street and Sherman Avenue. Planning Director Long-Woods commented that by adhering to the 25 ft. natural buffer and a 15 ft. building setback, ( 40 feet total), the project would have to change several of the proposed home sites. The applicant has also agreed to construct a solid board fence along the western perimeter of the plat, including the drainage pond, as a safety measure. Planning Director Long-Woods further advised, the Planning Commission voted 4-2 to approve the request amending the setback requirement from the OHWM, and adding a condition to require a solid board fence along Hill Avenue. (Notes from the January 29, 2007 Planning Commission meeting were submitted for the record.) At 7:26p.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. Council Member Chang advised that he has had ex parte contact with Allison O'Sullivan of the Fisheries Department of The Suquamish Tribe and submitted a copy of their correspondence for the record. There was no response from any other Council Member. 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. There was no response from any Council Member. 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 from any audience member. Mayor Abel asked for the proponent's testimony. William M. Palmer, Land Use Planning Consultant, spoke as a representative of the proponent, Oakridge Homes. Mr. Palmer distributed two plat maps to Council. One map indicates the Class 5 streambed and surrounding natural buffer. The second map shows the proposed buildings and tree placement. Mr. Palmer indicated which town home sites would have to be amended to meet the required buffer. He also stated that the creek is dry except in extremely rainy weather. Mr. Palmer commented that potential dangerous trees will be removed during the grading and site development work. The tree removal includes some significant trees as defined by City Ordinance. Four trees have a diameter, greater than 36 inches, which makes them historic trees. He also restated that they will provide fencing around the perimeter. Minutes of February 12, 2007 Page 3 of 11 Council Member Chang asked for clarification as to where the top of the slope is located. Mr. Palmer stated that a geotech analysis was done and it indicated that they are not hazardous slopes. The developer will be building some rock retaining walls at the edge of the clearing. Scott Walker, Proponent-Oakridge Homes stated that it is important that the Council and the public understand that the developer has not changed the proposal for use or density and they intend to stay on course with this project. Council Member Geiger asked about the number of trees to be replanted. Mr. Walker commented that approximately 300 new trees would be planted. Mayor Abel called for public testimony. Yvette Foldrik, 1190 Heron Ridge Avenue, commented that her lot corners Heron Ridge and Hill Avenue and expressed a concern with the retention pond in this development. She has a small child and it poses a danger without any kind of fencing around it. She feels the dimensions of the proposed pond are problematic and wants to know who is responsible for maintaining it. She also understands that drainage issues will be the problem of the homeowners, not the developer. She would like the fence to be concrete in order for it to have a longer life. Public Works Director Abed stated that the City could intervene if the Homeowners Association doesn't keep up the property. The traffic impact analysis indicated improvements were needed on Melcher Avenue. Council Member Geiger commented that a wood fence has a short life. Mr. Palmer stated that the City requires a retention facility deeper than 3 feet to be fenced. The developer will construct a fence along Hill Avenue to provide privacy to the town homes and as a requirement of the City; however, maintenance of fences will be the responsibility of the individual homeowner. There were no further public comments. Mayor Abel closed the Public Hearing at 8:04 p.m. Council Member Dilenno moved and Council Member Chang seconded a motion to approve the requested plat amendment for the Preliminary Plat/PRO of Forest Song (SUBDIV 05-05-Al) to modify Section 6 of Resolution 025-06, to add a condition that a solid board fence shall be constructed along Hill Avenue, and direct staff to submit a final, revised Minutes of February 12, 2007 Page 4 of 11 resolution to review at the next regularly scheduled Council meeting. Upon vote, motion passed unanimously. Council Member Diienno requested that the motion be amended to include a condition that the 25' buffer be moved if the streambed is relocated. Council Member Diienno amended the motion and Council Member Powers seconded the amendment to include as a condition that on the southwest corner of the plat, where the streambed is being proposed to be moved to the east, the 25 foot buffer around the streambed be moved as well. Upon vote, the amended motion passed unanimously. Council Member Powers asked that the motion be further amended to reflect the height of the solid board fence in the original motion. Without a height requirement, the developer could put up a shorter fence. A six-foot fence would be in line with what the Planning Commission recommended. Council Member Powers amended the original motion and Council Member Putaansuu seconded the amendment to require a six foot solid board fence along the west side of the plat along Hill Avenue. Upon vote, the amended motion passed unanimously. Upon vote, original motion as twice amended passed unanimously. APPROVAL OF AGENDA Council Member Geiger moved and Council Member Diienno seconded a motion to excuse Council Member Wyatt from this meeting. Upon vote, motion passed unanimously. The following Consent Item was removed from the Consent agenda and placed on the February 26, 2007 agenda: • Authorization for the Mayor to Sign Agreement with Interlocking Software Corp. The following Consent Item was removed from the Consent Agenda and placed into Business: • Adoption of Ordinance 001-07 Authorizing the Housing Authority the Powers of a Public Development Authority for the City CONSENT AGENDA Council Member Geiger moved and Council Member Diienno seconded a motion approving the Consent Agenda as modified. Upon vote, motion passed unanimously. Minutes of February 12, 2007 Page 5 of 11 A. Approval of Payroll Fund Warrants #140418-140481 in the amount of $362,647.59 B. Minutes of the January 22, 2007 City Council Meeting as revised. C. Authorization for the ~~ayor to Sign Agreement 'v'vith Interlocking Software Corp. Moved to February 26, 2007 Agenda D. Authorization for the Mayor to Sign Contract with Ward C. Muller for the Pliska Lane Survey E. Authorization for the Mayor to Sign Underground Conversion Agreement with Puget Sound Energy regarding Tremont Street Widening F. Authorization for the Mayor to Sign Contract Extension with Parametrix for On- Call Public Works Projects Assistance' G. Adoption of Ordinance No. 001 07 Authorizing the Housing Authority the Pov~~·er of a Public Development Authority for the City Moved to Business H. Adoption of Resolution No. 006-07 Awarding Contract for Clean-Out of Septic Tanks in McCormick Woods I. Approval of an Additional Eleven Hours per Week for Accounts Payable J. Appointment of Library Board At 8:18 p.m. Mayor Abel called for a 10-minute recess. Meeting reconvened at 8:28 p.m. AUDIENCE COMMENTS Kathie Lipka, 2505 S. Flower Avenue, asked what building codes determine the safety of retention ponds? How far must the pond be from the property lines? Are builders or others responsible for damage from construction or machinery while building a retention pond? Ms. Lipka submitted a letter to the Mayor and City Council addressing these issues. Wesley Erickson, 2205 Sidney Avenue, asked why his property line has been adjusted without notice or consent. The property next to his was sold and the new owner is constructing a building, which is encroaching onto his property. Mayor Abel informed Mr. Erickson that a letter was sent today addressing some of these issues. Mayor Abel further advised, that the property boundary issues are between the two adjoining property owners. Dousithee Chamberlain, 2205 Sidney Avenue, asked how a building permit can get issued to someone when there is a property line dispute in the Court? He also asked what the City has planned for his property in the future. Mayor Abel asked Mr. Chamberlain to put his concerns in writing. Minutes of February 12, 2007 Page 6 of 11 BUSINESS ITEMS Minutes of the January 8, 2007 City Council Meeting Council Member Powers moved and Council Member Geiger seconded the motion to correct the minutes of the January 8, 2007 City Council Meeting on Page 3 on the designation of funds from the Austin Street Vacation that it indicate that the division of the funds be split 50/50 between the Street Fund and the Parks. Upon vote, motioned passed with four affirmative votes and one abstention, Council Member Diienno abstained from voting due to nonattendance at the meeting. Public Forum Discussion on the South Kitsap School District Bond Levy-An Opportunity for the Public to Comment and Council Consideration Regarding the Bond Levy At 8:42 p.m. Mayor Abel opened the Public Forum for discussion. Dick Davis, 7009 Kileen Place, spoke on behalf of the South Kitsap School Supporters. They are asking for Council endorsement of the Bond Levy. The last bond issue presented was in 1996 and it failed, at an enormous cost to the school district. The nature of the district is changing; the potential growth will put an extreme strain on the schools. Dr. Bev Cheney, Superintendent, South Kitsap School District, answered questions on the time frame of the construction and improvements and crowding issues. Staffing will be a concern because of attrition and new teaching requirements but they feel when they take Cedar Heights offline it will offset some of the need for additional staff. Council Member Dilenno asked to be kept apprised as to what was being done to keep local contractors and businesses as suppliers on the project. This project should help us build our own community. Dr. Cheney stated their facilities planning people are well aware those local tradesmen need the work. No one else came forward to speak regarding support or denial of the Bond Levy. At 9:10 p.m., Mayor Abel closed the Public Forum. Council Member Powers moved and Council Member Dilenno seconded the motion to adopt Resolution No. 003-07 supporting South Kitsap School District Bond Levy. Upon vote, motion passed unanimously. Minutes of February 12, 2007 Page 7 of 11 Discussion and Consideration of Accepting Donation of Parcel from Janice leach for Use as Viewing Area and Historic Preservation Public Works Director Abed presented staff report on Mrs. Janice (correct name) Leach's interest in donating her Mitchell reserve property to the City. In return for the donation, Mrs. Leach asks the City to preserve it in a natural state because of its historic value as an Indian burial ground and original homestead site. However, she asks that a fence be installed around the property and a plaque commemorating the property's historical significance be affixed to the property. Assistant City Attorney Forbes researched the history and ownership of the parcel and found that there is no record of the property being Indian Trust Land. Public Works Director Abed commented accepting the property would constitute a commitment on behalf of the City. Roughly, it would cost about $6,000 to install a fence and a plaque. Additionally, there would be ongoing maintenance for the property. Public Works Director Abed advised, the Street Committee has reviewed this item on several occasions. They have discussed what kind of fence would be adequate and appropriate. However, a survey is needed to determine how much land we can actually use. Also, the City is asked to respond by March 2007. Council Member Dilenno moved and Council Member Geiger seconded a motion to authorize the Mayor to accept the leach's property donation and to instruct staff to work with property owners to finalize agreement for future Council approval. Mayor Abel invited public input pursuant to the sign-in sheet. Fran Heng, 556 Farragut Avenue, stated that she and her husband own property next to the burial ground and other neighbors, Don and Karen Gilmore, John and Clara Hauschild, Curt and Laurie Wagner, Joyce Watson, and Rick and Janet Osborne, are concerned about parking and security adjacent to the donated parcel. They are requesting a neighborhood impact study. They are grateful to Janice Leach for the donation but would like to know more or have more input before any decisions are made. Mrs. Karen Gilmore, advised they bought the property with knowledge of the reserve. Mrs. Gilmore stated, we don't object to the City taking over the land and treating it with respect, however expressed a concerned as to how the City will fence and maintain the property. Additionally, parking is such an issue already; adding an influx of public traffic means they will park somewhere that the existing neighbors already expect to use. Minutes of February 12, 2007 Page 8 of 11 Mrs. Gilmore asked why would the City create a viewing area where people would have to possibly park illegally in order to use the site? There is a high level of interest within the neighborhood regarding this project and they would like to have significant input concerning the decisions being made by the City. Council Member Geiger pointed out that there have been two or three Street Vacations in that area and proposed that the neighbors meet with the Public Property Committee or the Street Committee to discuss this issue. Council Member Chang is pleased that the City is considering preserving historical sites. Council Member Chang expressed a concerned about the cost of clearing and maintaining the property and the liability of owning the property. Council Member Chang further commented he is opposed to using park funds for an area that is difficult for the public to use. Council Member Putaansuu shares Council Member Chang's sentiments regarding the use of park funds. He would like to move forward on the project but suggests the City find money from other source and be called an historical site that should be recognized and preserved. Council Member Powers stated that the Council is being asked tonight to accept the property not knowing what the City is going to do with it. Without a good idea of what those details are, she cannot support accepting the donation. There are established parks in the City that need equipment upgraded; perhaps the park funds should be used for that. Council Member Dilenno restated the fact that there is a time constraint on accepting the property. Council Member Geiger amended the motion and Council Member Diienno seconded the amendment to continue the discussion regarding the leach property donation to the next Council meeting. Upon vote, the amended motion failed with two affirmative votes and three dissenting votes. Council Members Chang, Powers and Putaansuu cast the three dissenting votes. Upon vote, original motion failed unanimously. Council Member Powers moved and Council Member Chang seconded a motion to place this issue into the Public Property Committee for further review. Upon vote, motion passed unanimously. Minutes of February 12, 2007 Page 9 of 11 Approval of Road Standard Deviation Request for Lovik Short Plat Nels Rosendahl, JB Engineering Consultants, requested a road standard deviation for the Lovik Short Plat. Mr. Rosendahl requested that the developer be allowed to utilize a roadway width of 14 feet instead of the minimum standard width of 20 feet. City staff does not support the request due to potential traffic conflict with the narrower road especially if there is parking on the road. This proposal is not consistent with the City standard to accommodate fire and emergency vehicle access into the plat. The impact on the wetland buffer is minimal and could be mitigated somewhere else on the site. The following materials were submitted to the Council: Letter dated 10/13/06 from M. Abed to N. Rosendahl; memo dated 10/5/06 from G. Rogers, Fire Prevention Technician, to M. Abed; memo dated 11/22/05 from G. Rogers to G. Casey, Associate Planner. The letter dated 10/13/06 indicates the Fire District access roads may be reduced from 20 feet if an automatic sprinkler system is provided in the homes. Mr. Rosendahl introduced a large map of the short plat and explained why it would be very difficult to obtain a road width of twenty feet without impacting the wetlands. He feels it is imperative to minimize the impact on the wetlands. Mr. Rosendahl advised the fire code allows the developer to install sprinklers. There are only four houses on eight acres because of the wetlands. At 10:00 p.m. Council Member Powers moved and Council Member Chang seconded a motion to continue the Council meeting until 10:30 p.m. Upon vote, motion carried unanimously. Brent Lovik, Olalla, stated that this property has been in the family for sixty years. The road around the property and pond has been there over 50 years and has always been a stable road. He didn't have anything to do with the neighboring development, Golden Pond. Department of Natural Resources advised Mr. Lovik that the wetlands on his property have increased in size due to the mismanagement of the Golden Pond development. Mr. Lovik stated that sprinkler systems will be installed in the homes and the road will be 20 feet wide, just not 20 feet of paved road. Mr. Lovik further advised that the City has allowed deviation in the past for the Caseco Lane development because they put in sprinklers and Golden Pond also received approval to reduce the road width in part of the development. Minutes of February 12, 2007 Page 10 of 11 Mr. Rosendahl addressed concerns over adequate parking and the location of the turnaround for fire trucks. The developer will give the Fire District a turnaround at the end of the street. Council Member Powers moved and Council Member Putaansuu seconded a motion to approve the Road Standard Deviation for Lovik Short Plat to 14 feet of paved road within a road 20 feet in width with additional parking on site for each lot with a minimum of four spaces per unit in addition to the garage; the addition of sprinklers in all homes and the development of a hammerhead turnaround near the end of the road as approved by the Fire District. Upon vote, motion passed unanimously. Authorization for the Mayor to Sign Contract with Davis Door Service for the Repairs to the library Door Council Member Chang moved and Council Member Powers seconded a motion to authorize the Mayor to sign Quote #P-0231 from Davis Door Service, Inc. to repair the library door for an amount not to exceed $4,977.00 plus sales tax. Upon vote, motion passed unanimously. Authorization for the Mayor to Sign Professional Service Agreement with Art Anderson & Associates Council Member Dilenno moved and Council Member Chang seconded a motion to authorize the Mayor to sign the Professional Services Agreement with Art Anderson Associates to investigate and develop corrective action for the repairs to City Hall in the amount of $2,500.00. Upon vote, motion passed unanimously Adoption of Ordinance 001-07 Authorizing KCCHA Powers of a Public Development Authority within the City of Port Orchard Mayor Abel stated that she has worked with both the City Attorney and the Housing Authority to provide this ordinance. Mayor Abel advised the Interlocal Agreement will be going to the Housing Authority Board for their consideration on February 20, 2007, therefore, both the new market tax credit resolution and the Interlocal Agreement will be on the February 26, 2007 agenda for Council approval. Council Member Dilenno moved and Council Member Chang seconded a motion to adopt Ordinance 001-07 authorizing Kitsap County Consolidated Housing Authority to exercise specified powers as a public development authority within the City of Port Orchard. Upon vote, motion passed unanimously. Minutes of February 12, 2007 Page 11 of 11 Discussion -Economic Development: Kitsap 20/20 Program Mayor Abel advised the final plan is not available, however, they are ready to make the transition to the new organization which will be called the Kitsap Economic Development Alliance which will happen at the February 20, 2007 Annual Meeting of the Kitsap Economic Development Council. They are hoping to adopt a set of new board members, which is proposed to include all the Mayors and all the commissioners. The Alliance is adding a Council Member from each City to attend the quarterly board meetings. Council Member Powers moved and Council Member Chang seconded a motion to appoint Council Member Putaansuu to represent the City at the Kitsap Organization Alliance meetings, with Council Member Geiger as the alternate representative. Upon vote, the motion passed unanimously. Mayor Abel suggested that the determination of the appropriate amount to contribute to the efforts of KEDA be placed into Finance Committee for recommendation. Discussion -Signs in Downtown Core Discussion moved to next Council meeting, February 26, 2007. ADJOURNMENT At 10:30 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor