02/28/2005 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of February 28, 2005
PRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
Robert Geiger
Rita Dilenno
Carolyn Powers, Absent
Ron Rider
Rick Wyatt, Mayor Protem
ALSO PRESENT: Interim Public Works Director Lobdell, Planning Director Joanne
Long-Woods, City Clerk Etgen, and City Attorney Combs.
6:30 P.M. CALL TO ORDER
Jeff McCormick led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
Business Item No. B, "Designation of Official City Newspaper," was moved to the
Finance Committee at Council Member Wyatt's request.
An Executive Session was added after discussion of Business Items to discuss personnel
matters.
A presentation was added for the Kitsap County Department of Community
Development staff to update the Council regarding the Joint Sub-area Plan.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Jennifer Forbes of the Commission on Youth invited Council Members to attend a Youth
Forum on March 12, 2005 at the Kitsap Fairgrounds.
Doug Skrobut, McCormick Land Company, stated they are working with the Department
of Ecology on a draft mitigation report and asked Council to postpone discussion of the
McCormick Woods water agreement for another 90 to 120 days in order for data
regarding cost recovery to be gathered.
PRESENTATION -JOINT SUB-AREA PLAN
James Weaver, Kitsap County Department of Community Development, handed out an
updated work plan and stated they believe they can still complete the project by
Minutes of February 28, 2005
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December 31, 2005. He reported the population allocation forecast has been
completed, and requested comments from Council regarding the Plan.
Council Member Dilenno expressed concern over the study area having grown into
Bremerton, and wondered why the Sub-Area Plan would include that of another
jurisdiction. Mr. Weaver reported the Citizens Advisory Group (CAG) had included the
land as an option. Planning Director Long-Woods stated she felt it was important the
CAG understood that County was the political body having final say as to the urban
growth boundaries, and that this new area was much larger than the original area
considered. She noted verification would have to be made that the utilities could be
expanded into the proposed areas.
CONSENT AGENDA
Councilmember Clauson moved and Councilmember Geiger seconded a motion
approving the Consent Agenda. Upon vote, motion carried unanimously.
A. Minutes of the February 14, 2005 City Council Meeting
B. Approval of Claim Warrants #42963-43053 in the amount of $230,019.50
C. Request to Surplus Lanier Recorder from Municipal Court Inventory
D. Authorization for the Mayor to Sign Amendment to Judge Decker Employment
Contract
BUSINESS ITEMS
Acceptance of Annexation Petition Request (Sedgwick & Sidney)
Ms. Long-Woods reported an annexation petition had been submitted for seven
properties at Sedgwick and Sidney. City Attorney Combs clarified Council's action
tonight was to decide whether to authorize the circulation of the annexation petition
and determine whether the annexation would ultimately require a simultaneous
adoption of the comprehensive plan and zoning designation, along with consideration of
any indebtedness associated with the property. Mr. Combs stated the attachments
submitted did not clarify how the properties were all contiguous with City limits.
Further, he noted the City could not annex only half of a roadway, as indicated on the
attachments.
City Attorney Combs stated a development agreement, or pre-annexation agreement,
could be drawn up ahead of the annexation in order to set out the conditions of the
proposal. He also answered questions about the play between County and City
standards when property was annexed without the adjacent roadway also being
annexed.
William M. Palmer, representing several property owners presenting the initial petition
for annexation to Council, stated the reason they mapped out half the road for
annexation in their request was because of a city/county boundary occurring at a point
on the map already; they simply carried the separation down the road on their map.
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Mr. Palmer stated it would be no problem to include the whole street right-of-way in the
request. In response to a concern City Attorney Combs expressed about the area not
appearing to represent logical service areas and boundaries, Mr. Palmer stated it was
because of the current urban growth boundaries, and that he hoped to make the
appropriate adjustments at the time the sub-area plan was completed later this year.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to authorize the circulation of the annexation petition with the
requirement of the simultaneous adoption of a comprehensive plan and
zoning designations and the assumption of existing City indebtedness by the
area to be annexed, along with the caveat that there is further investigation
into whether the urban growth boundary includes the entire road or not, and
that the annexation includes the road if the area is within the urban growth
boundary.
Council Member Dilenno questioned whether the motion needed to include the
requirement for a development agreement. City Attorney Combs stated the annexation
petition to be circulated had to have all the details included in order for people to
understand what they were buying into.
Council Member Dilenno moved and Council Member Cramer seconded a
motion to amend the main motion to include the requirement for a pre-
annexation development agreement requiring the roads conform to City
standards. Upon vote, motion carried with Council Member Clauson casting a
lone dissenting vote.
Upon vote, the motion to authorize the circulation of the annexation petition
with the requirement of the simultaneous adoption of a comprehensive plan
and zoning designations and the assumption of existing City indebtedness by
the area to be annexed, along with the caveat that there will be further
investigation into whether the urban growth boundary includes the entire
road or not, and that the annexation includes the road if the area is within
the urban growth boundary, and further that a pre-annexation development
agreement be included, requiring the roads to conform to City standards
carried unanimously.
Council Authorization to Approve KRCC Amended Broadband Budget
Council Member Geiger moved and Council Member Clauson seconded a
motion to approve the additional expenditure of $405 for the amended Kitsap
Regional Coordinating Committee Broadband 2005 budget request. Upon
vote, motion carried, with Council Member Cramer casting a lone dissenting
vote.
Minutes of February 28, 2005
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Recess
Council recessed at 7:47 p.m., reconvening into regular session at 7:55 p.m.
Executive Session
Council went into an executive session to discuss a personnel issue at 7:55 p.m.,
reconvening into regular session at 8:08 p.m.
Confirmation of Public Works Director/City Engineer
Mayor Abel requested Council confirmation of Maher Abed as the Public Works
Director/City Engineer, with a salary to be negotiated next week.
Council Member Rider moved and Council Member Clauson seconded a
motion to confirm Maher Abed as the Public Works Director/City Engineer
with a salary to be negotiated next week. Upon vote, motion carried
unanimously.
COUNCIL/MAYOR & STAFF REPORT
The following committee meetings were set during the Council meeting:
Finance, Insurance & Negotiations-March 4, 2005, 7:30 a.m. -City Hall
Economic Development Committee-March 2, 2005, 7:30p.m.-City Hall
Utilities Committee-March 3, 2005, 6:30p.m.-City Hall
Ad-Hoc Committee-March 11, 2005, 7:30a.m. -JA Michaels
Planning Director Long-Woods reported she is working with the Planning Commission in
reviewing the Comprehensive Land Use Plan. The Plan will be brought forward to
Council next month. A field trip for the Planning Commission to review various
developments in Port Orchard was discussed.
Council Member Wyatt reported they had a Public Safety Meeting before the Council
meeting this evening.
Council Member Dilenno reported the Street Committee had met to discuss the Lovell
Street property along with other minor issues.
Council Member Geiger reported he met with a constituent on February 23rd to discuss
how a group of concerned citizens could work with the City to accomplish goals.
Minutes of February 28, 2005
Page 5 of 5
STUDY SESSION
McCormick Land Water Agreement Study Session
Council Member Clauson moved and Council Member Wyatt seconded a
motion to delay discussion of the McCormick Land water agreement up to
120 days. Upon vote, motion carried unanimously.
Small Lot Study Session
Planning Director Joanne Long-Woods reviewed options for small lot development with
the Council. They agreed they would like to go on a tour of the area to look at how
small lots have been successfully developed.
Scott Walker of Oakridge Homes thanked Council for having the discussion. City
Attorney Combs suggested Council could consider using Mr. Walker's proposed
development as a prototype while developing small lot development requirements, with
the use of a development agreement. This would require the property owner's consent
and cooperation in order to show how council ideas played out on the land, and it may
help develop a better set of regulations. Mr. Walker indicated he would be willing to do
that. Other developers in the audience also requested to also be involved as
prototypes. The Mayor proposed Mr. Walker work with the staff to bring a proposal
back to Council.
ADJOURNMENT
At 9:30p.m. Mayor Abel adjourned the meeting.
Kim E. Abel, Mayor