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05/29/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of May 29, 2007 Council Members: Mayor Pro-tem Wyatt, Chang, Clauson, Geiger, Powers and Putaansuu ABSENT: Council Member Dilenno (Excused) ALSO PRESENT: Public Works Director Abed, Planning Director Long Woods, Code Enforcement Officer Woodside, Building Inspector Robinson, Fire Prevention Manager Rogers, Interim Deputy Clerk Gilreath, and Assistant City Attorney Forbes. 7:02 P.M. CALL TO ORDER Greg Rogers led the audience and Council in the Pledge of Allegiance. PRESENTATION On-Site Sewage Regulations -Mr. Jerry Deeter, Kitsap County Health District, presented the new state regulations for onsite sewage systems which take affect July 1, 2007. The new regulations designate local health jurisdictions as the regulatory authority and responsible implementing agency. The State Board of Health has adopted the regulations with local adoption by August 2007 and implementation completed by July 1, 2012. Mr. Deeter further stated that these are essentially un-funded mandates at this time. APPROVAL OF AGENDA Council Member Chang moved and Council Member Wyatt seconded the motion to excuse Council Member Diienno from the May 29, 2007 Council meeting. Upon vote, motion passed unanimously. The following items were added to the Business Agenda: ~Discussion: Transportation Policy Meeting on May 31, 2007 (Council Member Powers) ~Discussion: De-Annexation from PUD No. 1 (Council Member Clauson) The following item was added to Council/Mayor Staff Report Agenda: ~Discussion: Home Business Moratorium (Mayor Abel) Minutes of May 29, 2007 2 of 9 AUDIENCE COMMENTS Randal Brand, agent for Rush Property, stated that they have been unable to obtain the City's annexation process from the staff, which prevents the property owner from making business plans. Mr. Brand requested that their application for annexation be placed on the next Council agenda and that the annexation process be made available in written form. Nels Rosendahl, Rosendahl & Associates-agent, Horstman Heights, stated that the applicant is finding it difficult to obtain final approval on a site development permit from the City. Mr. Rosendahl commented there is some confusion as to who can sign an approval for an easement and requested that the Council give direction to staff on this matter. Assistant Attorney Forbes advised that Council may not want to hear this issue at this time since this matter may come before Council on an appeal, in a quasi judicial manner which may affect the appearance of fairness. At 7:39 p.m. Council adjourned into Executive Session for 5 minutes for the purpose of discussing potential litigation. The Executive Session was extended an additional 5 minutes. At 7:49 p.m. Mayor Abel reconvened Council back into regular session. Council Member Clauson requested staff prepare a document on the annexation process and place the Rush annexation on the earliest Council agenda. CONSENT AGENDA Council Member Wyatt moved and Council Member Clauson seconded a motion to approve the consent items as amended. Upon vote, motion passed unanimously. A. Approval of Claim Warrants No. 47753-47799 totaling $70,479.41. B. ~qinutes of the ~qay 14, 2007 City Council ~qeeting Moved to Business C. Minutes of the May 15, 2007 Downtown Overlay District Deliberation Meeting BUSINESS ITEMS Minutes of the May 14, 2007 Citv Council Meeting Council Member Chang requested a correction to page five, paragraph three. Council Member Chang recommended striking the words "and showed the sign on top of the marquee." Minutes of May 29, 2007 3 of 9 Council Member Chang moved and Council Member Putaansuu seconded the motion to approve the Minutes of the May 14, 2007 City Council Meeting as amended. Upon vote, motion passed llnanimously. Meeting with the Initiating Parties regarding Notice of Intent to Annex -Tallman Property Planning Director Long Woods presented the staff report and noted that Jim and Dian Tallman submitted a Notice of Intent to Petition for Annexation to annex six parcels located west of the intersection of Sidney and Hovde Road SW. The Council is required to determine whether it will accept, reject, or geographically modify the proposed annexation. This matter came before Council at the May 14, 2007 Council meeting; however, the meeting could not occur since the Tallman's were not present and had not given an agent written authority to meet on their behalf. The City has received the necessary authority for the agent to present the request for Notice of Intent to annex. Mr. William M. Palmer, agent, presented a map outlining the proposed annexation area. Mr. Palmer stated that the applicant is anxious for the Council to allow this property to come into the City and start the development process. Council Member Geiger moved and Council Member Clauson seconded the motion allowing the applicant to circulate a petition for annexation for the property described in the Notice of Intent 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. Approval of Comprehensive Sign Design -Lowe's Code Enforcement Officer Woodside presented the staff report stating that Lowe's has applied for a Comprehensive Design Plan Permit for their signs. The retail development will be on a 14.33-acre site, located at 1500 SW Sedgwick Rd. The four criteria required by the City have been met as evident in the Staff Report. Council Member Powers asked if the requested signage is outside the City Sign Ordinance. Code Enforcement Officer Woodside answered that because of the size of the building and parking lot, the number and size of the signs are necessary for direction and safety. Council Member Putaansuu moved and Council Member Clauson seconded the motion to approve the Comprehensive Sign Design Plan Permit for Lowe's Home Improvement to include the perimeter lighting Minutes of May 29, 2007 4 of 9 and the monument sign. All lighting located next to the wetland and its buffer, shall be diffused. Upon vote, motion passed unanimously. Adoption of Ordinance Nos. 012-07, 013-07, 014-07, 015-07 -2006 Building Codes Effective 7/1/07 Public Works Director Abed presented the staff report stating the Washington State Building Code Council periodically adopts revised building codes. On November 17, 2006, the State Code Council voted to adopt the 2006 Edition of the building codes with effective date of July 1, 2007. The City adopts the new edition of the amended building codes in order to be in compliance with the State. The new Ordinances will affect the following building codes: Ordinance No. 012-07 International Building Code Ordinance No. 013-07 Fire Code Ordinance No. 014-07 Ventilation Ordinance No. 015-07 Plumbing Council Member Clauson questioned the number of amendments on the Ordinances. John Robinson, City Building Inspector, stated that the changes are minor. Council Member Putaansuu questioned Fire Inspector Rogers regarding Ordinance No. 013-07 as to what an operational permit does. Fire Inspector Rogers explained they are listed in the fire code for use in an enforcement action. Fire Inspector Rogers further explained that the State Building Code Council does not adopt fire department access requirements; they leave that up to the local jurisdiction. Council Member Clauson asked for a briefing as to what the City is adopting so the Council can understand what the difference is between the old and new code. Council Member Chang inquired as to whether it was possible to temporarily adopt an ordinance, the fire ordinance for example, subject to further review. Assistant City Attorney Forbes answered that the Council could not temporarily adopt an ordinance but they could adopt the ordinance and then amend it. Public Works Director Abed and Fire Inspector Rogers stated their preference is to adopt these ordinances by July 1, 2007 to be in compliance with the State. Minutes of May 29, 2007 5 of 9 Council Member Clauson moved and Council Member Putaansuu seconded a motion to send Ordinance No. 012-07, 013-07, 014-07 and 015-07 to Public Safety Committee for review and present their findings to the Council prior to the July 1, 2007 deadline. Upon vote, motion passed with four affirmative votes and two dissenting votes. Council Members Geiger and Chang cast the two dissenting votes. At 8:38 p.m. Mayor Abel called for a five-minute break. The meeting reconvened at 8:43p.m. Authorization for the Mayor to Sign Agreements with Robinson, Noble and Saltbush for Municpal Well Work Public Works Director Abed presented the staff report stating that a series of steps must be completed in order for the City to secure water rights for Well #10. The City and McCormick Woods were required to augment four watersheds. There was also a requirement to deepen the City's McCormick Woods Well #5 in addition to other work. Staff negotiated with Robinson, Noble, and Saltbush for technical support to decommission Well #5 and secure additional water rights for Well #10. The funds will come out of the Well #10 budget. Council Member Clauson moved and Council Member Wyatt seconded a motion to approve a Professional Services Agreement with Robinson, Noble and Saltbush to decommission Well #5 and assist the City with new water rights for Well #10 for a total amount not to exceed $18,500.00. Council Member Chang questioned the well numbering system because we have two #5 wells. Council Member Clauson asked if the City could renumber the wells to alleviate confusion. Public Works Director Abed explained that once the DOE approves the City's Comprehensive Water Plan, we can combine the two systems (McCormick Woods and the City) and renumber the wells. Public Works Director Abed did indicate the City can rename them for internal identification. Upon vote, motion passed unanimously Authorization for the Mayor to Sign Agreement with West Sound Engineering for Bay Street Utility Survey Public Works Director Abed presented the staff report and stated that the City does not have an adequate base map for Puget Sound Energy to prepare design drawings and specifications for undergrounding the franchise utilities project. Proposals were solicited and the Utilities Committee reviewed and recommended approval of the West Sound Engineering Proposal for $7,500. Minutes of May 29, 2007 6 of 9 Council Member Clauson moved and Council Member Powers seconded a motion to approve the Professional Service Agreement with West Sound Engineering to provide survey base map for the Bay Street Franchise Utilities Undergrounding for a total bid amount not to exceed $7,500.00 with the funding allocated from the underground utilities project. Upon vote, motion passed unanimously. Authorization for the Mayor to Sign Agreement with Geospatial Masters Applied Digital Mapping for Public Works Department Public Works Director Abed presented the staff report and stated that the Public Works Department has tested Applied Digital Mapping software for water and sewer mapping and found it to be effective in providing quick response for utility availability requests and to facilitate better response time to emergencies. Therefore the staff is interested in purchasing the software. · Council Member Clauson asked if this item was included in the budget. Public Works Director Abed stated that the City allocated $450,000 for utilities construction as part of the Tremont Widening Project which will not be spent this year and the funds can be allocated from that project with a not to exceed amount for the software and on-call service. Council Member Chang asked if software enhancements were included in the plan. Ed Pierson, Geospatial Masters Applied Digital Mapping, stated the software enhancements and upgrades are included. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign the Professional Services Agreement with Geospatial Masters Applied Mapping to provide engineering software to Public Works for a lump sum amount not to exceed $14,000. Upon vote, motion passed unanimously. Authorization for Mayor to Sign Construction Contract with Sierra Stone for Sidewalk Resurfacing Public Works Director Abed presented the staff report and stated that one of the City projects this year is to resurface the existing sidewalk along north Bay Street from Fredrick Street to Harrison Street. The City solicited bids from specialized contractors and the Public Property Committee reviewed the bids and recommended Sierra Stone as the contractor for this project. Council Member Clauson moved and Council Member Putaansuu seconded a motion to authorize the Mayor to sign the contract with Sierra Stone to overlay the north Bay Street sidewalk from Fredrick Street to Harrison Street for a total bid amount not to exceed $47,900. Upon vote, motion passed unanimously. Minutes of May 29, 2007 7 of 9 Authorization for the Mayor to Sign Contract Extension with Parametrix for Engineering Consultant Public Works Director Abed presented the staff report and asked for an extension to the existing contract with Parametrix for interim engineering services to close out remaining issues that this firm was handling on our behalf. The City has advertised the position of Assistant City Engineer, which closes on June 15, 2007. Council Member Powers moved and Council Member Chang seconded a motion to authorize the Mayor to sign the extension of the service agreement with Parametrix in the amount of $20,000 for engineering services rendered and to close-out all outstanding items with the City. Upon vote, motion passed unanimously. Discussion and Action regarding Purchase and Sale of 2"d Parcel at 980 Mitchell to Kitsap County Consolidated Housing Authority Mayor Abel stated that in 1998, the City entered into an agreement with the Kitsap County Consolidated Housing Authority to sell 900 Mitchell in order to build affordable senior housing. As part of the agreement, a right of first refusal to purchase the parcel at 980 Mitchell was negotiated. KCCHA now wishes to move forward with purchasing the second parcel. Council Member Wyatt moved and Council Member Clauson seconded a motion to authorize staff to develop the necessary documents to complete the sale of 980 Mitchell Avenue to the Kitsap County Consolidated Housing Authority and bring back those documents for signature authorization at the June 11, 2007 Council Meeting. Council Member Clauson stated that it's important to note that the market value is fair due to the cleanup required because of environmental concerns. The KCCHA has applied for a grant from the EPA to do the cleanup; however, they are accepting full responsibility for the clean up costs should it exceed the amount of the grant. Council Member Geiger questioned the contingency regarding the number of units on the site. Mayor Abel stated that staff will bring back a Purchase and Sales Agreement for $245, 000 without the contingency. Upon vote, motion passed unanimously. Minutes of May 29, 2007 8 of 9 Discussion of the Transportation Benefit District Flexibility Council Member Powers represents the City on the Kitsap Regional Council Transportation Policy (Transpol) Committee. Council Member Powers stated that at the last meeting it was announced that cities and counties could form Transportation Benefit Districts and they could opt to impose an additional $20 fee on vehicle licensing upon Council vote. If the City elects to impose more than $20 per vehicle fee, it would have to go before a vote of the citizens. Members of Transpol were asked to return with a consensus from their respective Councils on participation in a Transportation Benefit District through an interlocal agreement with all jurisdictions. Council Member Powers stated that the following accountability factors are required for participation: --J Public Hearings are required --J Funds must be used according to transportation criteria in current law --J Projects must be identified in a local transportation plan and a regional transportation planning organization plan The Council discussed the various benefits to the City should they participate. The Council also requested Public Works Director Abed to find out how many cars are licensed within the City. The consensus is the Council is interested in investigating the possibility of a transportation district further. Mayor Abel thanked the Council for their input. Discussion: De-Annexation from PUD No.1 Council Member Clauson requested that the City Attorney look into the legality of de-annexation from PUD No. 1. and investigate the benefits or enhancements the citizens of Port Orchard have received in the last ten years from PUD No.1. Also, Council Member Clauson would like a statement as to the amount the citizens of Port Orchard have paid the PUD in the last ten years. Council Member Chang requested a general statement on the de-annexation process be included in the investigation. Council/Mayor Staff Report Mayor Abel stated that a number of businesses have been affected by the Home Occupation/Home Profession Moratorium. Staff advised Mayor Abel that at least six residents want to start home professions or move their existing home profession within the City and they cannot because of the moratorium. Mayor Abel stated that it is the intent to move the moratorium proposed amendment to Council by July; however, that is still a long time for businesses to wait. The City Attorney proposed an amendment to the moratorium to allow home professions until the remainder of the occupations under the moratorium come Minutes of May 29, 2007 9 of 9 back for action in July. Council Member Clauson requested that the businesses that are granted a license under the amendment will not be grandfathered in once the home business ordinance is final. A discussion followed regarding the concern over signs in residential areas advertising businesses. Council Member Clauson moved and Council Member Wyatt seconded a motion to allow home professions to be removed from the moratorium and an amendment returned to the next Council session with a caveat regarding signs. Upon vote, motion passed unanimously. Mayor Abel then requested an Ad Hoc committee be formed to move the home occupation moratorium forward and prepare recommendations prior to the next Planning Commission meeting. Council Members Wyatt, Clauson and Geiger volunteered to work with Assistant Attorney Forbes and staff on this matter. Planning Director Long-Woods explained that the Assistant Superintendent of the South Kitsap School District advised the City that they intend to request mitigation fees through SEPA on any sizable housing developments. The School District has also requested a discussion on implementing a school impact fee. The Council advised Planning Director Long-Woods to invite them to make a presentation at a future regularly scheduled Council Meeting. ADJOURNMENT At 9:59p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor