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01/14/2008 - Regular - MinutesPRESENT: Lary Coppola, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of January 14, 2008 Council Members: Chang, Childs, Clauson, Colebank, Olin, Powers, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, Associate Planner Haro, Assistant Planner Bonsell, City Clerk Merlino, Deputy Clerk Kirkpatrick, and City Attorney Jacoby. 7:00 P.M. CALL TO ORDER Gerry Harmon led the audience and Council in the Pledge of Allegiance. PUBLIC HEARING Pottery Avenue Preliminary Plat/Rezone/PRO -Continued from December 10. 2007, Council meeting This item was continued from the December 10, 2007 Council Meeting to allow staff additional time to complete an on-site visit to determine the exact location of the road and the requirements for the road dedication and frontage improvements. Public Works Director Abed stated he did a site visit and recommended that the applicant be required to provide 7.5 feet of new right-of-way dedication. City Attorney Jacoby reminded the Council this matter had been held over from the December 10, 2007 meeting and that they were still under the public hearing phase for this matter. City Attorney Jacoby asked the Council Members who were not in attendance at the December lOth meeting if they had watched the taped proceedings of this hearing. Council Members Olin and Clauson indicated they had not watched the meeting tapes and City Attorney Jacoby advised that they would not be able to comment or vote on this matter. City Attorney Jacoby addressed the appearance of fairness doctrine and reminded the remaining Council Members that during this Public Hearing the Council is acting as a quasi-judicial body and asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. City Attorney Jacoby 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. City Attorney Jacoby 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. Minutes of January 14, 2008 Page 2 of 11 Norm Olson, project engineer for Olson and Associates, provided a summary of the project, noting that the applicant was requesting: 1. To dedicate 7.5 feet of right-of-way including sidewalks, curbs and gutters. Mr. Olson noted wider roads cause extra stormwater treatment and encourage people to drive faster. 2. To remove five (5) significant trees 36 inches or greater in diameter. These trees were located in the proposed roadway. 3. An administrative variance of five (5) feet. The two front lots would be accessed off of the internal road, not Pottery Avenue, and the applicant requested a 10-foot setback for these two houses along the Pottery Avenue side. In response to Council Member Putaansuu, City Attorney Jacoby explained that the applicant would fall under the purview of the zoning code and development rules in effect at the time of application. City Attorney Jacoby clarified that the applicant was requesting and staff was recommending a 7.5 foot right-of-way along Pottery Avenue and the applicant was also requesting an additional 10-foot setback for the two parcels abutting Pottery Avenue. Further, the City Attorney recommended that the Council include in the ordinance the variance for the 10-foot setbacks for the two lots abutting Pottery Avenue which has been administratively approved by the City Engineer. Gerry Harmon, 906 Kitsap Street, noted that over the last year the Council has allowed developers to dictate the removal of significant trees and stated that smaller trees would not solve stormwater issues. Ms. Harmon further stated the community needs to work together with the City on addressing this issue. Dick Brown suggested the Council name the plat "Peabody Meadows" in honor of the Peabody family who owned the land for many years. There being no further testimony, Mayor Coppola closed the public hearing at 7:45 p.m. Council Member Powers moved and Council Member Putaansuu seconded the motion to approve with conditions the Preliminary Plat and Planned Residential Development/Rezone (SUBDIV 07-01/R-1163) for Pottery Avenue and directed staff to prepare both a resolution and an ordinance for the next regularly scheduled meeting and include the corrections as recommended by City Attorney Jacoby as follows: a) Site Conditions -13: change from, "Fire department appears adequate and shall consist of the following:" to, "Fire access appears adequate and shall consist of the following:"; b) land Use/Zoning -15: change from " ... even though it does not Minutes of January 14, 2008 Page 3 of 11 comply with the Comprehensive Plan." to, " ... even though it does comply with the Comprehensive Plan."; c) Conclusions -2: "the proposed rezone is consistent with the Comprehensive Plan; and d) Conditions of Approval- Traffic/Roads -14: "An approved 7.5 foot right-of-way dedication and signed waiver of protest agreement for future improvement to Pottery Avenue ... " Upon vote, the motion passed with five affirmative votes and two abstained votes. Council Members Clauson and Olin abstained from voting. Council Member Putaansuu amended the motion and Council Member Childs seconded the amendment to approve the removal of five (5) significant trees located in the proposed roadway of the cul-de-sac. Council Members and staff held a brief discussion on the status of the Growth Management Committee's recommendations to the Significant Tree regulations. It was noted that the Committee made several changes and recommendations; however, the former Planning Director did not bring those changes to the Council. It was determined that this item would be added to the Work Study session for further discussion and direction by Council to staff. Upon vote, the amended motion passed with four affirmative votes and one dissenting vote. Council Member Chang cast the dissenting vote. Council Members Clauson and Olin abstained from voting. Street Vacation: Portion of Rockwell Avenue, Adjacent to Bethel Avenue Public Works Director Maher presented the staff report, noting that this is an application to vacate a portion of the City's right-of-way on Rockwell Street, adjacent to Bethel Avenue. The Street Committee and the Public Works Director reviewed the request and recommended the Council hear this Street Vacation request. Mayor Coppola opened the Public Hearing at 7:43 p.m. Dick Peterson, one of the purchasers of the property, stated that most of the surrounding area is unbuildable; however, vacating Rockwell Avenue would allow for future property development for the lots abutting the existing public right of way. Public Works Director Maher explained that the street vacation procedures require the property owner to provide an appraisal of the land value to the City. City Attorney Jacoby further explained this property can only be used as a public road. Brian Petro a real estate broker urged the Council to vacate the property to make it a viable piece of property no matter its future use. Minutes of January 14, 2008 Page 4 of 11 There being no further testimony, Mayor Coppola closed the Public Hearing at 7:49 p.m. Council Member Powers moved and Council Member Clauson seconded the motion to direct City staff to prepare the required Street Vacation Ordinance taking into account all required right-of-way, easements, public input and roadway concerns and designate the $9,000 derived from the full-appraised value to be split 50/50 between the Street Fund and the Designated Unreserved Fund Balance for Parks. Council Members briefly discussed the land appraisal values and differences in comparable values. City Attorney Jacoby stated the Council's options were 1) delay action to the next meeting to allow the appraiser an opportunity to explain why the camps are appropriate, or 2) direct staff to hire an appraiser to determine the land value. Council Members voiced support for vacating and selling the land. Upon vote the motion passed with six affirmative votes and one dissenting vote. Council Member Chang cast the dissenting vote. City Attorney Jacoby requested the Council consider allowing staff to proceed with the process without bringing an ordinance forward at the next meeting for approval as the applicant, Mr. Peterson needed to expedite this matter. Council Member Clauson moved and Council Member Colebank seconded the motion to authorize the Mayor to sign the Ordinance Vacating a Portion of Rockwell Avenue, Adjacent to Bethel Avenue without further Council review or action. Upon vote, the motion passed unanimously. West Street Preliminarv Plat/PRO Associate Planner Haro presented the staff report, noting that the proposal is for a preliminary plat and planned residential development (PRD) to subdivide a 1.07 acre site into five townhouse lots and two tracts. The property contains a portion of a Class III wetland buffer and some significant trees and the site will be accessed off of West Avenue. At their December 17, 2007, Planning Commission meeting, the Commission voted unanimously to approve the application subject to the conditions outlined in their Resolution No. 015-07. City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body and asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. City Attorney Jacoby further asked if any Council Member had any financial interest in this property, applicant or representative Minutes of January 14, 2008 Page 5 of 11 of the applicant, either directly or indirectly relating to the property that is involved. City Attorney Jacoby 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. Mayor Coppola opened the Public Hearing at 7:58 p.m. Norm Olson, project engineer for Olson and Associates, provided a brief overview of the project, noting they would be widening the road to 28 feet with curb, gutters, and sidewalk improvements. In addition, they would place 2-foot planters between the sidewalk and rolled curbs, plant larger trees than required, and create a storm water pond. Mr. Olson noted that the plans proposed retention of 9 significant trees and the townhouses would be approximately 3 bed/2 baths ranging from 1800 square feet to 2500 square feet dependent upon whether the unit had a daylight basement. Mr. Olson stated this will be a nice addition to the West Street neighborhood. Mr. Olson asked the Council waive the lighting improvement as the area was well lit from the opposite side of the street and approve the rolled curb and planter boxes between the curb and sidewalk. Council Members held a brief discussion on the whether to allow rolled curbs, increasing the setback to allow for a 20' tandem parking area, and moving the garage and driveway to the lower part of the lot, which would allow a larger front yard. Overall, Council Members commented this project was a good enhancement for the neighborhood. Brian Petro spoke on development and saving significant trees, noting that the growth management act dictates what tree a developer must remove in order to develop a lot and the lot size has decreased significantly over the last few years. Gerry Harmon, 906 Kitsap Street, concurred that it was the community's responsibility to hold the growth management act accountable due to its flaws; however, it was equally important that the Council protect as many trees as possible. Gil Michael, 228 Seattle Avenue, concurred with the Council that the project is an improvement to the area and supported the concept of using the daylight basement as a garage and expanding the setback 15-feet to allow for a 20-foot tandem parking area. Mr. Michaels did not support rolled curbs, noting many people use them to park on and requested the Council approve the project in accordance with City standards. Mr. Olsen stated the applicant had no problem with moving the building setbacks to allow for the 20-foot tandem parking area. Minutes of January 14, 2008 Page 6 of 11 City Attorney Jacoby stated that should the Council approve the motion subject to the Planning Commission's recommendations in Resolution 015-07, that conditions 3, 4, 5, and 6 be amended so that the plans and bonds are required to be submitted with the grading permit application. There being no further public testimony, Mayor Coppola closed the Public Hearing at 8:40p.m. Council Member Olin moved and Council Member Chang seconded the motion to approve with conditions the Preliminary Plat/Planned Residential Development (SUBDIV 07-02) for the West Street Preliminary Plat and direct staff to prepare a resolution for the next regularly scheduled meeting subject to the Planning Commission's Resolution No. 015-07, and amending Conditions 3, 4, 5, and 6 to require that the plans and bonds be submitted with the grading permit application and for condition #10 to read, "20-foot building setback." Upon vote, the motion passed unanimously. Ben Orser Site Specific Rezone. R-1169 Associate Planner Haro presented the staff report, noting that staff has been unable to reach the applicant. Associate Planner Haro noted this is a rezone of a .29 acre parcel from Residential 20 (R-20) to Residential 8 (R-8) to allow for the construction of a single-story, single-family residence of 2,110 square feet. The Planning Commission voted unanimously to approve the application, without conditions at its December 17, 2007, meeting. Mayor Coppola opened the Public Hearing at 8:45 p.m. There being no public testimony, Mayor Coppola closed the Public Hearing at 8:46 p.m. Council Member Olin moved and Council Member Powers seconded the motion to approve the Ben Orser rezone (R-1169) request and directed staff to prepare an ordinance for the next regularly scheduled meeting. Upon vote, the motion passed unanimously. APPROVAL OF AGENDA The following Consent Items were removed from the Consent agenda and placed under Business Items. 6B Minutes of the December 10, 2007, and December 19, 2007, City Council Meetings 6E Approval of Resolution No. 002-08, Denying the Comprehensive Plan Amendment for Wright, Travatte, Tweten Minutes of January 14, 2008 Page 7 of 11 6F Adoption of Ordinance No. 001-08, Regarding Council Meeting Dates and Order of Business and Amending Port Orchard Municipal Code Sections 2.040.010 and 2.04.060 6G Adoption of Resolution No. 003-08, Establishing City Council Committees Council Member Clauson moved and Council Member Colebank seconded the motion to approve the agenda as amended. Upon vote/ the motion passed unanimously. AUDIENCE COMMENTS Fred Depee thanked the Council for getting through the four public hearings so quickly and noted that it might be more beneficial to ask the County Commissioner's to change their meeting date as the City has been meeting on the second and fourth Mondays long before the Commissioners changed their schedule. Richard Brown encouraged the City to focus on the following: • All properties annexed into the City falling within the commercial zone should be taken in at the same density. • Continue to participate in the Puget Sound Regional Council. • Urge the County to redo the Bethel Corridor Plan to ensure the design standards are fair and equitable. • Creating an Arbor Fund for developers to pay into for use in placing trees and sidewalks on the property. Finally, he noted that when people work together they can figure out how to do things. William Palmer, Land Use Planning Consultant urged the Council to reexamine the density provisions in the mixed use/commercial zone, concurring with comments regarding density provisions of the GMA and its affect on significant trees and supported the creation of an Arbor fund. Justin Travette, 288 Tremont, explained that he began operating his real estate business out of his home eight years ago and urged the Council to reconsider his rezone request. Mayor Coppola directed the City Attorney and staff to work with Mr. Travette to resolve the issues of his home-based occupation. Brian Petro urged the new Council Members to read the Washington State Constitution, noting the powers lies with the Council and that staff works for them, encouraged the Council to take pride in their community, to remember that sales taxes pay the bills, and to consider annexation for growth and expansion of the City's tax base. Minutes of January 14, 2008 Page 8 of 11 Jason Higgins,1780 Sidney Avenue, urged the Council to reconsider the rezone request for Wright, Travette, Tweten in order to allow continued operation of their real estate business. CONSENT AGENDA Council Member Putaansuu moved and Council Member Clauson seconded the motion approving the Consent Agenda. Upon vote, motion passed unanimously. A. Approval of Claim Warrants #48975 through 49111 in the amount of $463,324.42 g... ~1inutes of the Deceffiber 10, 2007, and Deceffiber 19, 2007, City Council ~1eetings C. Authorization for the Mayor to Sign the Public Defender Contract D. Approval of Resolution No. 001-08, Denying the Comprehensive Plan Amendment for Anne Johnson E... Approval of Resolution ~~o. 002 08, Denying the Coffiprehensive Plan Affiendffient for Wright, Travatte, ·rweten F: Adoption of Ordinance No. 001 08, Regarding Council ~1eeting Dates and Order of Business and Affiending Port Orchard ~4unicipal Code Sections 2.010.010 and 2.01.060 G-.-Adoption of Resolution ~Jo. 003 08, Establishing City Council Coffiffiittees BUSINESS ITEMS: Minutes of the December 10, 2007. City Council Meeting Council Member Powers moved and Council Member Putaansuu seconded the motion to approve the December 10, 2007 minutes. Upon vote the motion passed with three affirmative votes and four abstentions. Council Members Clauson, Colebank, Olin, and Childs cast the abstaining votes. Minutes of the December 19. 2007, City Council Meeting Council Member Clauson moved and Council Member Putaansuu seconded the motion to approve the December 19, 2007, minutes. Upon vote, the motion passed with four affirmative votes and three abstentions. Council members Colebank, Olin, and Childs cast the abstaining votes .. Approval of Resolution No. 002-08. Denying the Comprehensive Plan Amendment for Write, Travatte, Tweten City Attorney Jacoby explained that at the December 10, 2007, meeting the Council voted to deny this Comprehensive Plan Amendment. Further, the only way to reconsider the matter was if a Council Member who voted to deny it at the December 10, 2007, meeting now agreed to make a motion to reconsider. Additionally, Comprehensive Plan Amendments can only be made one time per year. This item was acted upon during Minutes of January 14, 2008 Page 9 of 11 2007 and should the Council move to reconsider the action it could potentially affect the decision making process for 2008 comprehensive plan amendments. Council Member Clauson moved and Council Member Putaansuu seconded the motion to adopt Resolution No. 002-08, denying the request for a Comprehensive Plan Amendment (CA-34-07) to change the designation of the Wright/Travatte/Tweten properties; (Tax Parcel Nos. 342401-4-007- 2002; 342401-4-008-2001; and 342401-4-011-2006) to "Commercial" on the City of Port Orchard Comprehensive Plan Text and Map. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 001-08. Regarding Council Meeting Dates and Order of Business and Amending Port Orchard Municipal Code Sections 2.04.010 and 2.04.060 Council discussed combining items 8, 9, and 10 into one item called New Business. Council Member Powers moved and Council Member Olin seconded the motion to adopt Ordinance No. 001-08, Regarding Council Meeting Dates and Order of Business and Amending Port Orchard Municipal Code Sections 2.04.010 and 2.04.060. Upon vote, motion passed unanimously. Council Member Clauson moved and Council Member Powers seconded to reconsider adoption of Ordinance No. 001-08. Upon vote the motion passed unanimously. Council Members clarified their intent was to combine items 8, 9, and 10 into one item called New Business. Council Member Clauson moved and Council Member Colebank seconded the motion to adopt Ordinance No. 001-08, Regarding Council Meeting Dates and Combining Order of Business items 8, 9, 10, and 11 into one item titled, New Business and rename item 12 to Reports of Council Members, and Amending Port Orchard Municipal Code Sections 2.04.010 and 2.04.060. Upon vote, the motion passed unanimously. Adoption of Resolution No. 003-08, Establishing City Council Committees Council Member Childs moved and Council Member Olin seconded the motion to Adopt Resolution No. 003-08, regarding the establishment of City Council Committees. Minutes of January 14, 2008 Page 10 of 11 Council Members discussed which committees to keep and it was decided that the Council would maintain the current committee system and determine who will serve on the newly created committees at the February 5, 2008 work study session. Council Member Clauson amended the motion and Council Member Putaansuu seconded the amendment to maintain the current committee assignments, make the ordinance effective subsequent to the study session and appointment of Council Members to the newly created committees. Upon vote the amended motion passed with six affirmative votes and one dissenting vote. Council Member Childs cast the dissenting vote. Upon vote, the main motion as amended passed unanimously. Council Member Clauson moved and Council Member Olin seconded the motion to hold the Work Study Session on Tuesday, February 5, 2008, at 7:00 p.m. at City Hall. Upon vote, the motion passed unanimously. Appointment of Mayor Pro Tem Council Member Olin moved and Council Member Powers seconded the motion to elect John Clauson as the Mayor Pro-Tem for 2008. Upon vote, the motion passed unanimously. Adoption of Resolution No. 004-08. Approving the Job Description and Establishing a Step System Schedule for the Position of City Development Director Council Member Clauson moved and Council Member Colebank seconded the motion to adopt Resolution No. 004-08, approving the position of City Development Director and establishing a job description and salary step system. Upon vote, the motion passed unanimously. COUNCIL/MAYOR & STAFF REPORT Council Member Olin reported that he was part of group that travelled to the City of Lacy to look at how their round-abouts were set up, noting it was a lot different than Gig Harbor. Council Member Colebank voiced appreciation for Associate Planner Haro stepping in for the former Planning Director. Mayor Coppola remarked that he was learning the ropes and had not realized how many meetings he would be attending. Minutes of January 14, 2008 Page 11 of 11 At 9:50 p.m. Mayor Coppola adjourned into a 10-minute Executive Session for litigation purposes and noted that council action would be contemplated as a result of the Executive Session. Council Member Clauson moved and Council Member Colebank seconded the motion to extend the meeting to completion of the final action. Upon vote/ the motion passed unanimously. Council Member Olin moved and Council Member Clauson seconded the motion authorizing the Mayor to sign the Separation and Release Agreement between the City and Joanne Long-Woods in the form negotiated by the Mayor and the City Attorney. Upon vote/ the motion passed unanimously. At 10:03 p.m. Mayor Coppola adjourned the meeting for a 5-minute Executive Session to discuss personnel issues. At 10:08 p.m. Mayor Coppola reconvened the meeting and announced no action would be taken as a result of the Executive Session. Patricia J. KifkbatriCk:oeputy Clerk