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03/26/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of March 26, 2007 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, Court Administrator Hunt, City Clerk Merlino, Interim Deputy Clerk Gilreath, and Assistant City Attorney Forbes. 7:04P.M. CALL TO ORDER Jessie Turner led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Council Member Putaansuu suggested the Council schedule a Study Session to meet and deliberate on the Downtown Overlay District. Council Member Putaansuu moved and Council Member Powers seconded the motion to move the deliberation, discussion and direction of the Downtown Overlay District to a special Study Session. Assistant Attorney Forbes advised the Council that the Plan would have to be brought back to a regularly scheduled Council meeting for adoption. Council Member Chang suggested the deliberations begin tonight, as the discussion will undoubtedly continue to another meeting. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Council Members Diienno and Chang cast the two dissenting votes. Council Member Wyatt moved and Council Member Putaansuu seconded the motion to schedule a Study Session on April 2, 2007 at 7:00 p.m., located at City Hall, to begin the deliberation on the Downtown Overlay District Ordinance. Upon vote, the motion passed unanimously. Minutes of March 26, 2007 Page 2 of 9 PRESENTATION Comprehensive Plan Map with Urban Growth Boundaries Planning Director Long-Woods stated that the Planning Department met with Kitsap County to generate a working Comprehensive Plan Map indicating the Urban Growth Boundaries as well as the City limits and the zoning within both of them. Planning Director Long Woods presented the map and stated that it will be distributed to all Council Members and Department Heads as soon as it is finalized. Planning Director Long-Woods stated that the Planning Department would welcome input from the Council as to the accuracy of the map. PUBLIC HEARING Paulson Site Specific Rezone No. R-1160 Planning Director Long-Woods stated this proposal is for a site-specific rezone of two parcels from Residential to Commercial allowing for the construction of two new professional office buildings. Planning Director Long-Woods commented that at a prior Public Hearing, neighboring property owners testified that the development had created a drainage problem on their property. The Planning Commission directed staff to work with the owners of both properties to resolve the drainage issue. Fred Paulson hired an engineer to work with the City Engineer to solve the drainage problem. 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 communication with anyone regarding this application. There was no response from any Council Member. Assistant City Attorney Forbes further asked if any Council Member had any financial interest in this property, with the 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 Council Member had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. 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. At 7:28 p.m. Mayor Abel opened the Public Hearing. Paul Berg, agent representing the applicant, stated that Mr. Paulson's engineer and the City Engineer agreed to a solution that will correct the drainage problem and the affected neighbors have accepted the solution. Mr. Berg distributed drawings illustrating various elevations planned for the project for Council consideration. Council Member Dilenno questioned Mr. Berg regarding parking in front of the building. Greg Morley, MD Architects, explained the topography of the land dictated the direction of the buildings; Minutes of March 26, 2007 Page 3 of 9 there is parking on the street side and underground parking was incorporated into the design. Some Council Members expressed concern that the street side of the building exterior would not have an obvious entrance from the street. A discussion followed regarding the appearance of the building from the street. There were no further public comments. Mayor Abel closed Public Hearing at 7:47 p.m. Council Member Dilenno stated that the Council in the past emphasized having the building entrances face the street fronts. Council Member Dilenno expressed a concern with the City continuing to allow building entrances to be located on the back of the building and not on the street side. Council Member Dilenno suggested the need to clarify this in the City zoning codes. Council Member Wyatt moved and Council Member Putaansuu seconded the motion to reopen the Public Hearing at 7:51 p.m. for further discussion. Upon vote, the motion passed unanimously. Norm Olson, Olson & Associates, answered further questions regarding the location of the front door. Mr. Olson stated it is not practical to change the direction of the building due to the grading of the site. If the parking location has to be changed, it would eliminate the ability to have underground parking, which would reduce the size of the building. Greg Morley stated the garage door is not the only thing you will see when you drive up. The fa~ade has a great deal of relief and there is attractive stonework on the face of the building. Mr. Morley stated the lobby will be accessible from the street and the parking lot. There were no further public comments. Mayor Abel closed the Public Hearing at 8:15 p.m. Council Member Diienno moved and Council Member Clauson seconded the motion to continue this Public Hearing to the next Council meeting on April 9, 2007. Upon vote, motion failed with four dissenting votes. Council Members Geiger, Powers, Putaansuu and Wyatt cast the four dissenting votes. Council Member Wyatt moved and Council Member Geiger seconded the motion to approve the requested site-specific rezone {R-1160) for Mr. Fred Paulson and direct staff to submit an ordinance for review at the next regularly scheduled Council meeting. Upon vote, the motion passed with four affirmative votes and three dissenting votes. Council Members Chang, Clauson and Diienno cast the three dissenting votes. Minutes of March 26, 2007 Page 4 of 9 APPROVAL OF AGENDA The following Consent Agenda Item was removed and placed into Business: • Approval of Public Event Applications -Fathoms 0' Fun Carnival The following Business Item was added: • Adoption of Emergency Ordinance No. 005-07 Imposing a Moratorium on Home Occupations and Home Professions AUDIENCE COMMENTS Karl Duff, 6112 Wynn Jones Road, questioned the placement and effective times of school zone speed signs posted on Pottery in front of Cedar Heights Junior High School. Mr. Duff explained that he received conflicting information from a Kitsap County Sheriff and the City Court regarding jurisdiction and the right to mitigate the speeding ticket he received. Mr. Duff would like to know who is accountable for explaining mitigation rights to the citizens of the City. Police Chief Townsend advised he will contact Mr. Duff and help clarify the mitigation rights. CONSENT AGENDA Council Member Clauson moved and Council Member Wyatt seconded a motion approving the Consent Agenda as modified. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants #47408-47466 totaling $84,153.60 and March Payroll Warrants #140541-140597 and Direct Deposits in the amount of $344,429.01. B. Minutes of the March 12, 2007 City Council Meeting C. Approval Resolution No. 010-07 Final Plat of Indigo Pointe D. Approval of Public Event Applications a. Festival By The Bay b. Fathoms 0' Fun Parade c. Fathoms 0' Fun Carnival Moved to Business d. Mustangs on the Waterfront-2007 e. Wednesday Market E. Authorization for the Mayor to Sign Agreement with Interlocking Software Corp F. Adoption of Resolution 009-07 authorizing Surplus of Miscellaneous Electronic Items BUSINESS ITEMS Adoption of Ordinances Relating to New or Amended State laws Court Administrator Hunt stated that in order for the Port Orchard Municipal Court to enforce violations of State law, the City must adopt new ordinances incorporating changes in the RCW's. Minutes of March 26, 2007 Page 5 of 9 Ordinance No. 002-07-Smoking Prohibited in Public Places Assistant City Attorney Forbes stated a revised Ordinance No. 002-07 replaced the one the Council received. The change affected Section 9.44.060 Subsection (3), which referenced Kitsap County Health Department and should reflect Kitsap County Health District. Council Member Chang moved and Council Member Wyatt seconded the motion to adopt Ordinance No. 002-07 repealing POMC 9.44 entitled "Smoking Prohibited in City Workplaces" and replacing it with a new Chapter 9.44 "Smoking Prohibited in Public Places and Places of Employment". Upon vote, motion passed unanimously. Council Member Chang moved and Council Member Clauson seconded the motion to adopt Ordinance No. 003-07 amending POMC 9.34 "Littering" by adding a new section regarding the discarding of potentially dangerous litter. Upon vote, motion passed unanimously. Council Member Chang moved and Council Member Putaansuu seconded the motion to adopt Ordinance No. 004-07 amending POMC 10.60 "Fire Lanes" to decriminalize certain parking violations and to allow vehicles or objects which obstruct a fire lane to be impounded at the owner's expense. Upon vote, motion passed unanimously. Adoption of The New Market Tax Credits Mayor Abel commented that at a previous meeting the Council requested clarification of the areas where New Market Tax Credits would apply along with removing mention of a community renewal area. Assistant City Attorney Forbes incorporated the changes in the Interlocal Agreement and Resolutions. Council Member Clauson moved and Council Member Powers seconded the motion to adopt Resolution No. 004-07 authorizing the Kitsap County Consolidated Housing Authority to implement a New Market Tax Credits program within the City of Port Orchard. Mr. Roger Waid, Chief Operating Officer, Kitsap County NMTC Facilitators, distributed information to Council Members. Council Member Geiger questioned Mr. Waid regarding the control the Housing Authority has concerning eminent domain. Assistant City Attorney Forbes stated that the Resolution limits the Kitsap County Consolidated Housing Authority to exactly the powers stated in the Resolution. Council Member Powers expressed a concern about how the public is informed that the City is giving Kitsap County Consolidated Housing Authority specified powers. Minutes of March 26, 2007 Page 6 of 9 Upon vote, motioned passed unanimously. Council Member Clauson moved and Council Member Wyatt seconded the motion to adopt Resolution No. 005-07 authorizing the Mayor to enter into an Interlocal Agreement with Kitsap County Consolidated Housing Authority. Council Member Chang questioned whether certain confidential transactions would be made public at some time. Mr. Waid stated the Housing Authority set up a program through the Treasury Department to ensure confidentiality of proprietary information. Assistant City Attorney Forbes stated that the Interlocal Agreement doesn't change the role or responsibility of the records retention requirements or the release of information. Upon vote, motion passed unanimously. Approval of March 6, 2007 Council Study Session Minutes -Development Regulations Council Member Powers moved and Council Member Geiger seconded the motion to approve the minutes of the March 6, 2007 Council Study Session. Upon vote, motion passed with six affirmative votes and one abstaining vote. Council Member Diienno abstained due to nonattendance at the meeting. Meeting with the Initiating Parties Regarding Notice of Intent to Annex Errol Dow Property Planning Director Long-Woods explained that Errol Dow, William Brown and Jeffrey Blackstock submitted a Notice of Intent to Petition for Annexation to annex twenty-one parcels totaling approximately 36.56 acres which are located west of Old Clifton Road and south of the existing Industrial Park. Mr. Dow has proposed an easement agreement with the City to allow the use of a public road to the water tower and Mr. Dow is willing to participate in the cost associated with upgrading a sewer lift station. Planning Director Long-Woods stated that the Council must decide whether to accept the annexation as proposed, modify the proposed annexation or reject the annexation. The exact location of the property was clarified and Council Member Geiger asked Mr. Dow if he owned the property adjacent to the proposed annexation property. Mr. Dow stated he does not own the adjacent property. Mr. Dow explained the reason he is asking to annex into the City is because an intermittent stream situation makes it unfeasible to create access from another direction. Assistant Attorney Forbes explained that, at this time, access to the property is not the issue, it is whether or not to accept this annexation. Minutes of March 26, 2007 Page 7 of 9 Council Member Clauson moved and Council Member Wyatt seconded the motion to accept the proposed intent to petition for annexation and require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Upon vote, motion passed unanimously. Discussion -Downtown Utilities Undergrounding Council Member Putaansuu, Chairman of the Utilities Committee, presented blueprints for undergrounding all utilities in the Downtown Overlay District. The Utilities Committee met with Puget Sound Energy (PSE) on several occasions to discuss this project. Puget Sound Energy advised the Committee that an easement would be required to locate the utilities underground along the waterfront behind the buildings, which creates an additional expense to purchase the land. Many buildings in the Downtown Overlay District would be required to upgrade their utilities within 90 days, at their own expense, to meet code. The Utilities Committee agreed that would put a burden on the property owners. Puget Sound Energy outlined four areas of the City where work could be accomplished in four stages. PSE suggested laying infrastructure preparing for redevelopment and then allowing development to hook into these facilities as they present themselves. The Utilities Committee recommends requesting PSE design the four stages and develop a plan to implement them in phases so the City could fund them individually. Puget Sound Energy would fund 60% and the City would be responsible for 40%. The Utilities Committee also recommends that the City draft an ordinance that requires undergrounding utilities for all new and substantially remodeled development. Public Works Director Abed stated that Puget Sound Energy has a contract with the City in the amount of $78,000.00 to do the design work so they are committed to complete the project. There will be an additional cost to do a required survey. The original estimate for the survey was $38,000.00; however, the scope of work may be reduced due to the smaller corridor which would result in a lower cost. Council Member Clauson moved and Council Member Wyatt seconded a motion to ask the Utilities Committee to continue their investigation with Council's support of the plan as presented. Upon vote, the motion passed unanimously. Approval of Public Event Application-Fathoms 0' Fun Carnival Mayor Abel stated that the Public Event Application is an annual request from the Fathoms 0' Fun Carnival for the use of a City parking lot. Council Member Powers stated the Council received a letter from the Port Orchard Bay Street Association (POBSA) that expressed concerns about losing business because of the Minutes of March 26, 2007 Page 8 of 9 Carnival. The letter sites parking problems, security, trash, shoplifting, vulgar language and drinking alcoholic beverages in public. Jud Turner, 4850 Long Lake Road, addressed the Council concerning the four major points in the letter from the Port Orchard Bay Street Association: 1) Parking -Fathoms agreed to reduce some of their space requirements for the Carnival, which will result in additional parking for the merchants. Illegal parking is handled by City parking enforcement. 2) Litter removal is specified in the contract between the Fathoms 0' Fun Festival organization and the Carnival. If the merchants have a problem with trash, they should contact the Festival organizers immediately. Festival personnel conduct "walkthroughs" of the area each morning and evening and note the appearance of the property. 3) Security -Fathoms pays the Port Orchard Police Department to provide security. Police Chief Townsend stated that if there is a security problem, 911 should be called immediately. 4) Negative Impact -Mr. Turner would like to dispute the statement that the Carnival has a negative impact on the businesses downtown. The Fathoms 0' Fun Festival aids the merchants by bringing people into downtown. Council Member Powers moved and Council Member Clauson seconded the motion to approve the 2007 Fathoms 0' Fun Carnival application. Upon vote, the motion passed unanimously. Adoption of Emergency Ordinance No. 005-07 Imposing a Moratorium on Home Occupations and Home Professions Council Member Clauson introduced an emergency ordinance to impose a moratorium on home occupation and home professions as accessory uses in residential zones and setting a Public Hearing on the moratorium within 60 days. Council Member Clauson moved and Council Member Wyatt seconded the motion to adopt Ordinance No. 005-07 imposing a moratorium on home occupations and home professions as accessory uses in residential zones and setting a Public Hearing on the moratorium. Council Member Diienno spoke against the Ordinance advising the moratorium implies that during this period of time residents who want to apply for this type of license will be placed on hold until the moratorium is lifted. Council Member Geiger questioned Assistant City Attorney Forbes regarding the requirement for a Public Hearing within 60 days. Assistant City Attorney Forbes stated that the Public Hearing on the moratorium is scheduled for May 14, 2007. Mayor Abel clarified that the Public Hearing will not only encompass the moratorium but a proposed ordinance change as well. Minutes of March 26, 2007 Page 9 of 9 Upon vote/ the motion passed with six affirmative votes. Council Member Diienno cast the one dissenting vote. At 10:00 p.m. Mayor Abel adjourned the meeting. Kim E. Abel Mayor