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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