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06/14/2004 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger Rita Diienno Carolyn Powers Ron Rider Rick Wyatt, Mayor Protem City of Port Orchard Council Meeting Minutes Regular Meeting of June 14, 2004 ALSO PRESENT: Associate City Planner Casey, Public Works Director/City Engineer Curies, City Clerk Etgen, Court Administrator Hunt, Police Chief Townsend, Treasurer Tompkins, City Attorney Jacoby, and for part of the meeting, City Attorney Combs. 6:30 P.M. CALL TO ORDER Court Administrator Hunt led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Council Member Wyatt moved and Council Member Dilenno seconded a motion to add the following supplemental items to the consent agenda: 1. Approval of Perpendicular Parking for the West Side of Austin Avenue from Taylor to Smith 2. Approval of the Use of Lot #2 for the Chris Craft Rendezvous 3. Approval of Texture Treatment of the North Corners of the Sidewalk at the Intersection of Bay and Sidney 4. Approval of Public Events Applications: The Chalk Walk 5. Approval of Public Event Applications: The Freedom Fighters Challenge 6. Approval of the Rotary Sign Proposal 7. Approval of a Right of Way Encroachment at the 800 Block Kitsap Street Motion carried. Council Member Cramer moved and Council Member Rider seconded a motion to move the Executive Session from the end of the meeting to immediately after the Public Hearing. Motion carried. Council Member Dilenno moved and Council Member Cramer seconded a motion to move Business Items 7A -Passage of Ordinance No. 1939 Concerning Modification to the Stormwater Ordinance, and 7H -Discussion: Introduction to New Building and Fire Codes, to the Growth Management Committee for discussion prior to Council action. Motion carried. Council Member Cramer moved and Council Member Dilenno seconded a motion to approve the revised agenda. Motion carried. Minutes of June 14, 2004 Page 2 of 8 AUDIENCE COMMENTS Samantha Thumma, citizen, spoke on behalf of the Coffee Shop restaurant owner seeking approval of the Chalk Walk public events application. Jim Trainer, Kitsap Trees Group, spoke on behalf of his non-profit organization, advising Council of the group's effort to preserve historical trees on private and public property. PUBLIC HEARING Rezone Request -West Side of the Intersection of South Flower Street and Fireweed Street-Leora Park Subdivision Glynis casey, Associate Planner, reported that the applicant's request involves an existing eight- lot plat to be rezoned from R4.5 to RS. Ms. Casey explained that along with the rezone application, the applicant has submitted a request for a plat amendment to adjust the exterior boundary line and interior lot lines to meet the lot sizes appropriate for RS zoning densities. Ms. Casey reported the following facts: The site is approximately 1.5 acres, with topography generally sloping from the west to the east. The steepest slope is approximately 15 percent in grade. Two existing single-family residences are located on Lots 7 and 8, and one single-family residence is currently under construction on Lot 1. The internal road to Leora Park is currently under construction and will also be utilized as an access road to the proposed plat of Leora Park II that is currently being reviewed for SEPA compliance. The surrounding property is zoned residential R4.5. A mitigated determination of non-significance was issued on August 25, 2003, and the Planning Commission considered the request on April 19, 2003, with continued discussion on April 2S'h and May 17'h. The community raised the following issues: concern about safe pedestrian walkways to the school children's bus stops; traffic impacts on South Flower Avenue; and the protection of trees. Staff met with the School District, and the Planning Commission completed a site visit, inviting the public to attend. The School District submitted written support of the proposed sidewalks which are to be located on the other side of the street, as there is no room for sidewalk improvements on the Leora Park street frontage. The City Engineer will require a traffic impact analysis be performed for Leora Park II. The neighborhood requested stop signs at Leora Park and South Flower and a three-way stop sign at the intersection of Fireweed and South Flower. The Planning Commission recommended the City Engineer review the traffic sign requests in the traffic analysis study for Leora Park II. The Planning Commission recommends approval of the rezone request and adjustment of lot lines by Council adoption of the conclusion, findings and conditions as outlined in Planning Commission Resolution No. 008-04 and Resolution No. 009-04. A Council resolution adopting both actions could be made available at the next meeting for Council approval. Mayor Abel opened the Public Hearing at 6:49 p.m., with City Attorney Jacoby reminding Council of the quasi-judicial nature of the Public Hearing. Minutes of June 14, 2004 Page 3 of 8 Mark Kuhlman, Team4 Engineering, spoke on behalf of the applicant, Chuck Childress, and the other property owners. He stated the rezone is in compliance with the Comprehensive Plan, and that neighborhood residents were included in the planning process. The sidewalk, he reported, had been designed after resident input, and indicated there is enough right-of-way to move the road in the future, if necessary, to comply with development requirements. Mr. Kuhlman agreed with the decision to review the need for traffic signs during the design approval for Leora Park II. Jerry Arnett, 288 Goldenrod, presented pictures of roadway deterioration to the Council for consideration. In response to a question by Mr. Arnett, Ms. Casey stated that the rezone application is only for Leora Park's 8-lot plat, but that the Comprehensive Plan designates the area as medium density, with R8 or R12 zoning, so future rezoning is a possibility for other plats, if requested. In responding to another question from Mr. Arnett, Ms. Casey noted that single-family dwellings are allowed in R8 zoned areas. Patricia Lucas of 232 Goldenrod expressed agreement with Mr. Arnett's statements about the construction damage to streets and said the streets of Goldenrod, Fireweed and Flower are too narrow and do not provide good pedestrian walkways. Christine Sanders, 2407 S Flower Avenue, questioned why the area had originally been zoned as R4.5 and now qualified for R8 zoning. Ms. Casey explained the original low density zoning was reflective of the development at the time the zoning was adopted, and that the most recent Comprehensive Plan took into account the existing services and conditions of the area when considering the qualifications for more intense density levels. Ms. Sanders asked for verification that future zoning could call for RS densities, and Ms. Casey answered in the affirmative. Ms. Sanders presented the Council with State Statute, as she indicated had been requested of her by the Planning Commission, outlining the proper method to remove pine trees in residential areas. She also presented information on the legal requirements to provide flagmen in certain construction environments. City Attorney Jacoby questioned whether the applicant had addressed significant trees on the property, and suggested the Council leave the Public Hearing open until this issue was addressed. Mr. Kuhlman reported that most significant trees would remain on the site, and they would submit a Significant Tree Retention Plan if Council desired. He expressed his belief that the Significant Tree Ordinance only applied to new plat applications, and not existing ones. City Attorney Jacoby responded that the plat had been approved many years ago, and that he believed the Significant Tree Ordinance applied to this plat. Mr. Kuhlman referred to an opinion from City Attorney Amann that because no new lots were being created with the boundary line adjustments, this plat was exempt from provisions for altering subdivisions. Mr. Kuhlman said this was why the two approval processes of boundary line adjustment and zoning change were introduced concurrently. Ms. Casey commented that the current boundary lines did not meet requirements, which was why the rezone was required. Mr. Kuhlman stated single-family detached homes would be built on these plats, and the existing homes did not comply with the current zoning standards and exceeded R8 requirements. He indicated they would be happy to follow State law regarding the removal of pine trees, and that if flagmen were not provided at construction sites that law enforcement could be called. He briefly discussed the sidewalk and the fact that it has been designed to move with the topography, and Minutes of June 14, 2004 Page 4 of 8 is located away from the edge of the street at points. He agreed additional construction vehicles deteriorate roads more quickly. Mr. Arnett pointed out that most of the neighboring properties were approximately one-quarter of an acre in size. Kathie Lipka, 2505 S Flower, stated there is a great deal of road deterioration due to the construction vehicles, and requested that the City address this issue. In response to a question by Council Member Dilenno, Ms. Casey stated the applicant had agreed to create a legal document for future landowners stating they agree to participate in any future road improvement projects, to be recorded. The City Engineer and City Attorney, she stated, would review the document before it was approved for recording. Council Member Cramer moved and Council Member Wyatt seconded a motion to continue the public hearing to allow for a Significant Tree Retention Plan to be brought to Council on the 28'h of June. Motion carried. EXECUTIVE SESSION At 7:34 p.m., Council moved into executive session to discuss personnel matters and labor negotiations, and reconvened into regular session at 8:26 p.m. CONSENT AGENDA Council Member Wyatt moved and Council Member Diienno seconded a motion to approve the Consent Agenda as modified: A. Approval of Minutes of the May 24, 2004 City Council Meeting B. Approval of Claim Warrants #41378-41504 in the amount of $442,462.57 and May Payroll, warrant #138228-138289 and Direct Deposit amount $305,380.13 C. Approval of Collection Services Agreement between AllianceOne and the City of Port Orchard D. Passage of Ordinance No. 1941 Approving the Petition to Vacate a Portion of Right Right-of-way, as Submitted by Paul Olson E. Passage of Ordinance No. 1942 Regarding Changes to the Criminal Code F. Passage of Ordinance No. 1943 Relating to the Rezone Application for Property Located at Pottery Avenue and South Kitsap Boulevard, Known as the Berg Property G. Adoption of Resolution No. 2075 Relating to Indigo Pointe Historical Trees H. Approval of Fireworks Display -Eagle Fireworks, Inc. I. Passage of Ordinance No. 1944 Regarding Dangerous Dogs J. First Reading of Draft Ordinance Amending the 2004 Budget K. Approval of Perpendicular Parking for the West Side of Austin Avenue from Taylor to Smith L. Approval of the Use of Lot #2 for the Chris Craft Rendezvous M. Approval of Texture Treatment of the North Corners of the Sidewalk at the Intersection of Bay and Sidney N. Approval of Public Events Applications: The Chalk Walk 0. Approval of Public Event Applications: The Freedom Fighters Challenge Minutes of June 14, 2004 Page 5 of 8 P. Approval of the Rotary Sign Proposal Q. Approval of a Right of Way Encroachment at the 800 Block Kitsap Street Motion carried. BUSINESS ITEMS A. Passage of Ordinance No. 1939 Concerning Modification to the Stormwater Ordinance -Moved to Growth Management Committee by earlier motion B. Wastewater Treatment Facility : i. Acceptance of the Public Works Trust Fund Loan for $6.8 Million for the Expansion of the Wastewater Treatment Facility Council Member Clauson moved and Council Member Geiger seconded a motion to accept the Public Works Trust Fund loan for $6.8 million for the expansion of the wastewater treatment facility, subject to review of the contract by the City Attorney. Responding to a question by Council Member Cramer, Public Works Director/City Engineer Larry Curies stated construction on this project is scheduled to begin in September and will proceed through 2006. He indicated ultimately the project will be a $19.3 million dollar project, with $16.8 million in loans, and the remainder from sewer connection and other fees collected by the Sewer District and City. Motion carried. ii. Authorize Advertising of Phase 2 of the Expansion of the Wastewater Treatment Facility Council Member Clauson moved and Council Member Powers seconded a motion to authorize the advertisement of the Notice to Bidders for Phase 2 of the expansion of the Wastewater Treatment Facility. Motion carried. iii. Approval for Conversion to Class A Biosolids Council Member Clauson moved and Council Member Geiger seconded a motion to authorize the Wastewater Treatment Facility to convert to a Class A biosolids for an estimated cost of $80,000. Motion carried. C. Passage of Ordinance No. 1940 Establishing a Planning Department and the Position of Planning Director Council Member Dilenno moved and Council Member Wyatt seconded a motion to pass Ordinance No. 1940 adding a new Chapter 2.19 to the Port Orchard Municipal Code establishing a City Planning Department. Council Member Geiger spoke against the motion, stating that the costs of hiring a new Department Head are not in the current budget, and that the City's budget could be drastically affected by initiatives on the ballot this Fall. He stated funds would be better used for public works projects. Minutes of June 14, 2004 Page 6 of 8 Council Member Wyatt moved to continue the matter to the meeting of June 28th in order to give an Ad Hoc Committee time to put together recommendations for Council participation in the hiring process for Department Heads. Motion carried. Council Member Dilenno moved and Council Member Cramer seconded a motion to create an Ad Hoc Committee to put together recommendations for Council participation in the hiring process for Department Heads. Council Members Diienno, Cramer, and Wyatt indicated they would be willing to serve on the committee. Motion carried. D. Discussion Regarding Interlocal Agreement-South Kitsap UGA Planning Council Member Clauson moved and Council Member Geiger seconded a motion to authorize the Mayor to sign the Interlocal Agreement between the City of Port Orchard and Kitsap County for the payment of consulting fees for the development of the South Kitsap/Port Orchard Urban Growth Area Plan. Cindy Baker, Interim Director for the Kitsap County Department of Community Development (DCD), presented Council with changes the Kitsap County Commissioners made to the Interlocal Agreement (IlA) at their meeting earlier today. The major change was in setting 2004/2005 funding percentage splits for the County and City. Another change was to reflect responsible department names in the document rather than individual's names. Council expressed multiple concerns about: the designated payment percentages; the proposed termination clause indicating the City would be liable for payment if withdrawing at any time; and the unknown costs. Jason Rice, also from the County's DCD Department, explained that Phase I deliverables are to be completed this year, with Phase II deliverables completed in 2005. Ms. Baker explained that the contract with EDAW would be renegotiated at the end of 2004 for work to be completed in 2005. Motion to Continue Meeting Past Set Adjournment Time Council Member Geiger moved and Council Member Clauson seconded a motion to continue the meeting past the 9:30 p.m. scheduled adjournment time. Council Member Rider moved and Council Member Cramer seconded a motion to amend the motion to continue the meeting until 10:00 p.m. Motion carried, with Council Member Wyatt casting a dissenting vote. Upon vote/ motion carried to continue the meeting until 10:00 p.m./ with Council Member Wyatt casting a dissenting vote. Council Member Dilenno moved and Council Member Cramer seconded a motion to continue the discussion regarding the Interlocal Agreement for South Kitsap UGA Planning until the meeting of June 28'" in order for the City Attorney and staff to Minutes of June 14, 2004 Page 7 of 8 make revisions to the agreement and bring it back to Council for review. Motion carried. E. Change Orders : i. Approval of Proposed Change Order for the Bay Street and Frederick Avenue Intersection Improvement Project Council Member Geiger moved and Council Member Clauson seconded a motion to approve Change Orders 1 through 5 to the Bay Street and Frederick Avenue Intersection Improvement Contract, changing the contract price from $128,586.15 to $134,313.27. Motion carriet£ with Coundl Member Cramer casting a dissenting vote. ii. Approval of Proposed Change Order for Street Paving -South Sidewalk at Bay Street from Mitchell Council Member Wyatt moved and Council Member Powers seconded a motion to include the replacement of the Bay Street sidewalk and curb in the Old Clifton Road paving contract. Responding to a question by Council Member Diienno, Public Works Director/City Engineer Curies stated he does not predict any other significant change order requests for current paving contracts. Upon vote, motion carriet£ with Council Member Cramer casting a dissenting vote. iii. Discussion Regarding Authority to Make Change Orders Council Member Dilenno moved and Council Member Wyatt seconded a motion to table the discussion regarding authority to make change orders. Upon vote, motion carried with Coundl Member Clauson casting a dissenting vote. F. Authorization for Mayor to Sign lnterlocal Agreement Regarding SHB2060 Council Member Powers moved and Council Member Clauson seconded a motion to adopt Resolution No. 2071 authorizing the Mayor to execute an lnterlocal Agreement regarding the allocation of SHB 2060 Surcharge Funds to very low-income housing projects in Kitsap County and its incorporated cities. Upon vote, motion carried with Coundl Members Diienno and Wyatt casting dissenting votes. G. Authorization for Mayor to Sign Contract with EDAW to Provide Consultant Services for Downtown Economic Development Council Member Dilenno moved and Council Member Powers seconded a motion to authorize the Mayor to sign the contract with EDAW to provide consultant services for downtown economic development work to be funded by the grant as awarded to the City of Port Orchard. Minutes of June 14, 2004 Page 8 of 8 Council emphasized this contract is specifically for $50,000, the sum of the grant, and no greater payment shall be made by the City to the consultant under this contract. Motion carried. H. Discussion -Introduction to New Building and Fire Codes -Moved to Growth Management Committee by earlier motion I. Discussion -Council Committee Structure and Membership Council set a Committee Appointment Committee meeting, to include all Council Members, for Saturday, June 26, 2004, at 7:30a.m. in the City Hall Council Chamber Conference Room. ADJOURNMENT At 10:04 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor