06/25/2007 - Regular - MinutesPRESENT:
ABSENT:
City of Port Orchard
Council Meeting Minutes
Regular Meeting of June 25, 2007
Kim E. Abel, Mayor
Council Members: Mayor Pro-tem Wyatt, Chang, Diienno,
Geiger, Putaansuu, and Powers
Council Member Clauson (excused)
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods,
Police Chief Townsend, City Clerk Merlino, Deputy Clerk Kirkpatrick, and Assistant
City Attorneys Jacoby and Forbes.
7:01 P.M. CALL TO ORDER
Mr. Errol Dow led the audience and Council in the Pledge of Allegiance.
PRESENTATION
Justice Assistance Grant
Police Chief Townsend presented the staff report and explained that the Police
Department was applying for a federal Byrne Justice Assistance Grant for
$10,607, which would be used towards the purchase of firearms training
equipment.
Municipal Court Collaboration project
Mayor Abel advised that the staff report would stand as provided without a
presentation.
PUBLIC HEARING
Pre-Annexation Comp Plan and Zoning Designation for
Brown/Dow/Blackstock Properties
Planning Director Long-Woods presented the staff report and noted a change to
the Alternatives, which should read: "Adopt comprehensive plan and zoning
designations for the property to be effective upon annexation." The Petition for
Annexation contained 21 parcels totaling 36.56 acres and was located on the
southwest end of the existing Port Orchard Industrial Park. The applicant intends
to extend additional industrial uses on these parcels. The Council, at their March
26, 2007 meeting, accepted the Notice of Intent and had authorized the
applicant to proceed with the annexation. The Planning Commission, at their May
21, 2007 meeting, recommended that the property be given an Industrial
Minutes of June 2S, 2007
2 of 7
designation with a condition for a required buffer of SO feet from the Old Clifton
Road right-of-way.
At 7:07 p.m. Mayor Abel opened the Public Hearing.
Mr. Errol Dow explained there was no specific development plans at this time;
however, annexation would provide a future tax base for the City and allow the
land owners use of City water and sewer. He requested the Council support the
request for annexation with an Industrial designation.
There were no further public comments. At 7:14 p.m. Mayor Abel closed the
Public Hearing.
Council members discussed the need for a SO foot right-of-way buffer. Mayor
Abel directed staff to determine the need for the buffer and the Planning
Commission's reasoning for the buffer and report at the final meeting adopting
the Comprehensive Plan designation.
Pre-Annexation Comp Plan and Zoning Designation for Terrv Cousins
Propertv
Planning Director Long-Woods presented the staff report and noted a change to
the Alternatives, which should read: "Adopt comprehensive plan and zoning
designations for the property to be effective upon annexation." Terry Cousins,
the property owner, had submitted a Petition for Annexation of one parcel
totaling .83 acres located on the northwest die of the intersection of Sidney Road
SW and SW Sedgwick Road. The parcel is adjacent to a commercially zoned area
and the applicant intends to extend additional commercial uses on the parcel.
The Council, at their March 26, 2007 meeting, accepted the Notice of Intent and
authorized the applicant to proceed with the annexation request. The Planning
Commission, at their May 21, 2007 meeting, recommended that the property be
given a commercial designation.
At 7:20 p.m. Mayor Abel opened the Public Hearing.
Ms. Terry Cousins, 622 Glenwood Road, Port Orchard, explained that she had no
specific development plans and wanted to put in a retail business that would
benefit the area and City. She requested the Council support the request for
annexation with a commercial designation.
There were no further public comments. At 7:22 p.m. Mayor Abel closed the
Public Hearing.
Minutes of June 25, 2007
3 of 7
APPROVAL OF AGENDA
Council member Powers asked that the June 4th and June 12th DOD Deliberation
Minutes reflect that she was absent due to illness not vacation.
AUDIENCE COMMENTS
Mr. Fred Depee of South Kitsap voiced concern with Quadrant Homes possibly
being annexed into the City of Bremerton. He urged the Council to discuss the
City of Bremerton's westward expansion, noting that if it is not stopped soon the
City of Port Orchard would become a suburb of Bremerton, similar to the outlying
communities in the Seattle area.
Council member Diienno stated that the Growth Management Committee has
been talking about this issue and invited Mr. Depee and the City Attorney to
attend their next meeting on July 2, 2007 to further discuss the City of
Bremerton's westward expansion.
Council member Chang stated that the Growth Management Committee has met
with a subcommittee from the City of Bremerton, but have not yet come to a
consensus on the issue and thanked Mr. Depee for bringing the matter to the
Council's attention.
CONSENT AGENDA
Council Member Wyatt moved and Council Member Diienno seconded a
motion to approve the consent agenda as amended. Upon vote, motion
passed unanimously.
A. Approval of Claim Warrants #47912 through 47974 totaling
$124,826.56
B. Minutes of the June 4, 2007, DOD Deliberation Meeting
c. Minutes of the June 12, 2007, DOD Deliberation Meeting
BUSINESS ITEMS
Minutes of the June 11, 2007, Citv Council Meeting
Council Member Chang moved and Council Member Diienno seconded
a motion to approve the June 11, 2007, City Council Meeting Minutes.
Upon vote, motion passed with five affirmative votes and one
abstaining vote. Council Member Putaansuu cast the abstaining vote
due to nonattendance at the meeting.
Minutes of the June 5, 2007, Special Study Session -Development
Regulations
Minutes of June 25, 2007
4 of?
Council Member Chang moved and Council Member Putaansuu
seconded a motion to approve the June 5, 2007, Special Study Session
-Development Regulations. Upon vote, motion passed unanimously.
Update on the Wilkins Street Vacation Request
Assistant City Attorney Greg Jacoby presented the staff report and noted that the
Wilkins Street vacation has been pending for some time while the City waited for
the applicant, Nordic Properties, to complete the cleanup of contaminated soil on
the property. The City Attorney's office recommended the Council proceed with
the street vacation even though this may result in the City receiving property
that has a small amount of contamination present and would be subject to
institutional controls imposed by the Department of Ecology. Nordic Properties
and Mr. Jensen, personally, have indemnified the City against any future cleanup
costs.
Council members discussed the legal liabilities of assuming ownership of the
contaminated parcel. Assistant City Attorney Jacoby clarified that the Department
of Ecology was not interested in the transaction between the City and Mr. Jensen
and Nordic Properties. He explained there was a potential risk of future litigation;
however, the amounts of benzene were small enough to not be a concern unless
there is underground digging in the contaminated site.
At the Council's request, Mr. Jensen of Nordic Properties explained that there
were no plans to develop the property and they have been working diligently to
clean up the contaminated site over the past several years and asked the Council
to support the vacation on Wilkins Street.
The Mayor adjourned the meeting at 7:50 p.m. for a five minute Executive
session to discuss potential litigation issues and reconvened the meeting at 7:56
p.m.
The Council voiced consensus of moving forward on the Wilkins Street Vacation.
Notice of Intent for Petition for Annexation for Christina Phelps
Propertv
Planning Director, Joanne Long-Woods presented the staff report and noted that
the Notice of Intent to Petition for Annexation was for one parcel totaling .61
acres contiguous to the City limits and the applicant intends to develop the
property under commercial zoning rules in the near future.
Council Member Geiger moved and Council Member Powers seconded a
motion to allow the applicant to circulate a petition for annexation of
the property described in the Notice of Intent and require the
simultaneous adoption of comprehensive plan and zoning designations,
Minutes of June 25, 2007
5 of 7
and the assumption of existing City indebtedness by the area to be
annexed. Upon vote, motion passed unanimously.
Council/Mayor Staff Report
City Clerk Merlino advised the salary survey process was underway with staff
meeting with the salary consultant on June 27th, and the HR Analyst interviews
were scheduled for June 28th.
Public Works Director Abed advised he has been working with Quadrant Homes
on a no protest agreement regarding future annexation to the City of Port
Orchard.
Planning Director Long-Woods advised the Planning Commission had met on
June 18th and were forwarding some changes to the City Attorney regarding the
home business regulations. Additionally, the Planning Commission was seeking
clear direction and a timeline from the Council regarding the development
regulations, specifically as they address the DOD wings. The Planning
Commission planned to hold a public forum on the development regulations;
however, they wanted a timeline prior to scheduling that forum.
Council Members briefly discussed the issue and came to a consensus that it was
the Planning Commission's role to do the preliminary work, including coming up
with ideas and holding public hearings on the downtown wings, including uses,
heights, and boundaries and then make their recommendations to the Council.
In response to Planning Director Long-Woods, Council Member Powers voiced
appreciation for the difficulties of being on an advisory committee and stated the
committee members' hard work and dedication to the issue was appreciated. She
encouraged the Planning Commission to continue brainstorming and bring back
new ideas to the Council for review and discussion.
In response to Planning Director Long-Woods, Mayor Abel stated the Council
would like to see recommendations within this year's time frame.
Police Chief Townsend reported the new Commander would be on board
September 9, 2007.
Assistant City Attorney Forbes reported that a lawsuit filed against the City in
February was recently dismissed.
Mayor Abel advised the Council that the Clerk's office had done a three-month
calendar of upcoming meetings for their use and the calendar would be updated
prior to each meeting. She reported on the Baccalaureate task force, which was
looking for funding to complete a survey of students and businesses in the area
Minutes of June 25, 2007
6 of?
on the types of college education/degrees that are in demand locally. The cost of
the study was $65,000, and the task force was seeking funding from various
communities. Mayor Abel asked the Council to consider providing funding for the
study and will bring back a specific request at the next Council meeting.
Mayor Abel presented Public Works Director Abed with a certificate of Municipal
Excellence for the flag crosswalks, which made navigating the downtown
crosswalks safer for pedestrian passage.
Council Member Chang provided an update on the Growth Management
Committee and reported that he attended the Association of Washington Cities
conference in Tacoma, where he received many ideas to actively involve young
people in the community.
Council Member Powers commended the downtown merchants for their
beautification efforts and asked the Mayor to send a letter thanking the
merchants. She reported that the Public Property Committee is recommending an
additional contract to enhance the Sierra Stone contract for sidewalk resurfacing.
The second contract would be to install brick edging and new curbs so that the
sidewalks on the North side of Bay Street match the South side. She asked Public
Works Director Abed for any additional information and he reported that he
would bring a contract for Council consideration at the July gth meeting. She
reported on the recently purchased and installed trash cans in the downtown
area and encouraged residents to utilize them. She provided an update on
planning for a Ferry Summit, noting the next meeting would be Friday, June 29th
at 3:30p.m.
Council Member Geiger stated that the downtown sidewalks needed to be
repaired and urged the Council to move forward with the additional bid and not
wait for the next meeting.
Council Member Geiger moved and Council Member Wyatt seconded a
motion to approve a contract to install new curbs, and install a
matching brick border in an amount not to exceed $78,000.
Council Member Putaansuu voiced concern that the City would spend necessary
funds to repair the curbs and install brick edging only to have to tear them up to
put in underground utilities in the near future.
Council members held a brief discussion on whether or not to proceed with the
repairs to the curbs and install brick edging.
Upon vote, motion failed with three affirmative votes and three
dissenting votes. Council Members Geiger, Powers, and Wyatt cast
Minutes of June 25, 2007
7 of 7
affirmative votes and Council Members Chang, Diienno, and Putaansuu
cast dissenting votes. Mayor Abel broke the tie and cast a dissenting
vote.
Mayor Abel noted the item would be before the Council at their July gth meeting
and directed staff to provide the Council with information on moving funds from
one project to another at the July gth meeting.
Council Members Powers and Wyatt voiced their concerns with delaying the
project.
Council Member Putaansuu clarified that while he supported the repairs being
made, he wanted to see all of the documentation supporting the curb and
sidewalk repairs before approving the expenditure of project funds.
ADJOURNMENT
At 8:59 p.m. Mayor Abel adjourned the meeting. /2 / ~~) // / / / / 1 : ...•...•......... / c--'7/. r-1/i ;;(!;;\;, 14~&e;~2u
·· Patricia Kirkpfl'trick, ~puty City Clerk Kim E. Abel, Mayor