09/20/2017 - Minutes
City of Port Orchard
Land Use Committee
Meeting Minutes – September 20, 2017
Committee Members Present: Scott Diener, Clancy Donlin, Bek Ashby (for John Clausen)
City Officials and Staff: Mayor Rob Putaansuu, Community Development Director Nick Bond, City Clerk Brandy
Rinearson, Public Works Director Mark Dorsey, Long-Range Planner Keri Sallee
Guests: Paul Avis, KPUD
Chair Diener called the meeting to order at 7:30 a.m.
1. Discussion: Key Bank Parking Lot Lease. City Clerk Rinearson said that Key Bank has asked if the City would
agree to a nonbinding letter of intent stating that when Key Bank’s parking lot lease ends in 2021, the lease will be
extended by the City for 20 years. The City Attorney has advised against taking this action at the present time.
Mayor Putaansuu said that the City’s standard lease period was 5 years with a potential 5 year extension. The
committee agreed that the request was premature, and should be reviewed at a time closer to the parking lot
lease end date.
2. Discussion: KPUD Request for Telecommunications Easement. Paul Avis with KPUD presented KPUD’s request
for a telecommunications easement across City property located on Mitchell Ave, to provide service to a property
fronting Bethel Ave. Public Works Director Dorsey said that the property should not be encumbered with an
easement alignment that could prevent future use by the City, so it should be located close to the property lines
instead of bisecting the property. Another possible option is for the telecom line to be extended through the
unopened right-of-way on the north side of the City’s property, which extends from Mitchell Ave to Bethel Ave.
KPUD will prepare a legal description and terms for the proposed easement, and will submit it to Public Works
and the City Clerk for review.
3. Discussion: Temporary Vending Site at 640 Bay Street. Rinearson said that Masa Wood Fired Pizza would like
to lease the City’s vacant lot at 640 Bay Street for a temporary vending area. The vendor would have a food
preparation and service trailer, and picnic benches for customers. Rinearson said that the City’s temporary
vendor code allows for a 3-month lease, with an option to renew. The lease can include conditions about
concerns such as site maintenance, garbage disposal, hours of operation and noise limits. Rinearson will
coordinate with the vendor on the application and lease agreement.
3. Discussion: Street Vacations – Rockwell Avenue/Bay Street. Rinearson has received two street vacation
requests, for portions of Rockwell Ave and Bay Street. The proposed vacations are both related to the Marlee
Apartments on Bay Street. Dorsey said that a part of the Marlee building and parking lot were erroneously built
within the right-of-way in 1961. The federal funding conditions for the Bay Street Pedestrian Path require that all
encroachments within the path alignment be resolved; therefore, since it is infeasible to require relocation of the
apartment building or its parking area, the City should vacate this right-of-way at appraised value to the Marlee
Apartments. The state has agreed to the vacation. These requests will be on the Council’s September 26 meeting
agenda.
4. Discussion: Street Vacation – Depot Street. Rinearson has received a request for vacation of the remaining
portion of Depot Street south of Bay Street. She said that a portion of this right-of-way had already been vacated
by the time the Annapolis area was annexed into the City in 1960. Since the platted area of Annapolis was
created in the County prior to 1909, and the right-of-way was not opened or used within 5 years of its creation,
state law provides that the right-of-way reverts to the adjacent property owners. Rinearson noted that since this
is the case, the vacation is more of a “cleanup” to records and map data than an actual approval, and the City will
not receive monetary compensation for it.
5. Discussion: Active Club Complaints. Dorsey said that his department has received a number of complaints
from the City’s janitorial service and from the public about the use of the Active Club. Users of the building are
leaving trash and meeting materials behind, losing the building keys, not securing the building after meetings have
ended, and taking cleaning supplies. The committee agreed that Dorsey will contact the users of the building by
letter and remind them of the building’s use rules, with a warning that if the rules continue to be violated, the City
may require a cleaning and damage deposit, assessment of actual costs (e.g., for rekeying the building), and/or
may revoke use privileges. If any changes are made to the rules, Dorsey will take them to Council work-study.
6. Discussion: Citizen Request for “Do Not Feed Birds” Sign. Putaansuu said that City Council has received a
request from a citizen to post signs asking people not to feed seagulls and other birds at Etta Turner Park.
Although the USDA recommends that seagull droppings not be allowed to accumulate in an area where someone
can breathe the dust, the Kitsap Health District does not have recommendations about bird feeding or consider
bird droppings to be a public health issue. The committee agreed that the City could put out signs in its parks
requesting (not requiring) that birds not be fed, with an explanation of the reasons. If the City wants to legally
prohibit bird feeding, the City Code will need to be amended. Dorsey will follow up on this item.
Development Director Nick Bond then provided information to the committee on the City’s proposed 2017
Comprehensive Plan land use map amendments, as a followup to the Council’s September 19 work-study
meeting. Bond summarized the final recommendations of the Planning Commission and City staff, including
revisions that had been made to the initial recommendations based on requests by property owners. Council
Member Ashby said that in future, Comprehensive Plan amendments should be brought to the Land Use
committee before they go to Council work-study. Bond also provided information on the schedules and upcoming
activities of the Design Guidelines Committee and the Bethel-Sedgwick Corridor study group, and how their
efforts will affect the City’s future subarea planning.
Diener adjourned the meeting at 8:50 a.m. Audio-only recording was successful.
Next Meeting/Location: October 18, 2017, at 7:30 am in the 720 Prospect conference room.