07/09/2007 - Regular - MinutesPRESENT:
City of Port Orchard
Council Meeting Minutes
Regular Meeting of July 9, 2007
Kim E. Abel, Mayor
Council Members: Mayor Pro-tem Wyatt, Chang, Clauson,
Dilenno, Geiger, Putaansuu, and Powers
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods,
Chief of Police Townsend, City Clerk Merlino, Deputy Clerk Kirkpatrick, and
Assistant City Attorney Forbes.
7:00 P.M. CALL TO ORDER
Mr. Ron Bates led the audience and Council in the Pledge of Allegiance.
PUBLIC HEARING
Six-Year Transportation Improvement Program
Public Works Director Abed presented the staff report and explained that the City
has transportation needs that included upgrading its street and pedestrian
facilities and providing maintenance activities on its streets and sidewalks.
Federal and State funding is available on a very competitive basis; however,
because the Transportation Improvement Program (TIP) is constrained by City
funding, the City will look at innovative ways of funding transportation shortfalls
including the formation of Local Improvement Districts (LIDs) in which residents
agree to tax themselves to do the necessary improvements. Mr. Abed also
provided a street inventory, which listed street roadway conditions from worst to
best. On June 26, 2007, the Street Committee reviewed the TIP plan and is
recommending the Council approve the TIP plan.
At 7:09 p.m. Mayor Abel opened the Public Hearing.
Mr. Jeremy McNeil, Manager of Port Orchard Marina asked for clarification of
where the Bay Street pedestrian pathway would extend. Public Works Director
Abed clarified that the Bay Street pedestrian pathway would extend easterly.
Mr. Gil Michael, 228 Seattle, expressed concern that Prospect Alley was not
included in the current TIP list. Public Works Director Abed explained that the
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TIP list contained City streets only and that alleyways were contained on a
separate list.
Mr. Ron Bates inquired as to the amount of funds spent improving the marquee
and sidewalks, and voiced concern with spending additional City funds to
continue improving Bay Street, which he felt was a "bottomless pit." He urged
the Council to look towards future development that would draw in residents to
living within City limits.
There were no further public comments. At 7:16 p.m. Mayor Abel closed the
Public Hearing.
Public Works Director Maher clarified that the Council previously set the TIP
priority assignments, and the Council could reassign the projects prior to
adopting Resolution No. 017-07.
Hazard Mitigation Grant Program
Public Works Director Abed presented the staff report and explained this would
allow public comment on the development of the proposal for the Perry Avenue
project as well as authorizing submittal of the grant application to the State of
Washington Emergency Management Division Hazard Mitigation Grant Program.
The Perry Avenue project will evaluate and stabilize the slope adjacent to Perry
Avenue, with portions of Perry Avenue being repaired and/or replaced, and
provide necessary drainage and roadway improvements. The total requested
grant amount is $1.1 million with the City contributory match of 25% of the total
cost or approximately $275,000.
In response to Council Member Geiger, Mr. Abed explained that the City's
contributory match of 25% was for engineering, design, and construction.
At 7:23 p.m. Mayor Abel opened the Public Hearing and closed the Public hearing
at 7:24p.m. due to no public comments.
Council Member Geiger moved and Council Member Clauson seconded
a motion to authorize the City Engineer to submit a Hazard Mitigation
Grant Application to repair failed slopes for a total amount of $1.1
million. Upon vote, motion passed unanimously.
APPROVAL OF AGENDA
The following items were added to Business:
• Ten minute executive session regarding real estate issues
• Discussion of Baccalaureate funding request
• Discussion of MVET and Transportation Benefit District Discussion
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• Discussion of Proposed Amendments to Waste Water Treatment Plant's
budget
The following Consent Item was removed from the Consent Agenda and placed
into Business:
• Adoption of Ordinance No. 018-07 Vacating a portion of S.W. Wilkins
Drive
AUDIENCE COMMENTS
No audience comments were received.
CONSENT AGENDA
Council Member Powers moved and Council Member Wyatt seconded a
motion to approve the consent agenda as amended. Upon vote, motion
passed with five affirmative votes and one abstaining vote. Council
Member Clauson cast the abstaining vote due to nonattendance at the
June 25, 2007 Council meeting.
A. Approval of Claim Warrants #47975 through 48061 totaling
$354,708.23 and June Payroll Warrants #140822-140820 and Direct
Deposits in the amount of $528,718.67.
B. Minutes of the June 25, 2007, City Council Meeting
BUSINESS ITEMS
Adoption of Resolution No. 016-07 Repealing Resolution No. 003-06
and Establishing Certain Benefits for Non-Representative Employees
City Clerk Merlino presented the staff report and explained that currently, non-
represented employees must wait one year in order to use accrued vacation
leave, which has been a deterrent when hiring non-represented employees. The
Finance Committee reviewed the proposed changes and felt the City would be
more competitive in allowing non-represented employees to use vacation leave
as it was accrued, with departmental approval.
After a brief discussion, the Council directed staff to revise the resolution to read
that all non-represented employees would be able to use accrued vacation leave
upon employment with the City, retroactive one year from adoption of Resolution
No. 016-07.
Adoption of Ordinance No. 018-07 Vacating a portion of S.W. Wilkins
Drive
The City Attorney advised that additional documents were needed and asked
that this item be removed and brought forward at the July 23, 2007 meeting.
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Council confirmation of Appointments to the Animal Appeal Board
Council Member Putaansuu moved and Council Member Clauson
seconded a motion to confirm the Mayor's appointment of Dr.
Christman, Councilmember Wyatt, and lorraine Olsen to the Animal
Appeal Board. Upon vote, motion passed unanimously.
Approval of the Final Parking Plan for the Port Orchard Railway Marina
Expansion Project
Planning Director Long-Woods presented the staff report and explained that one
of the SEPA mitigation measures required Council approval of the final parking
plan for the Railway Marina Expansion Project. Further, she explained that this
issue would require additional discussion. The proposed project expanded
moorage slips from 38 to 58 and removed the railway and other conditions
required by SEPA. Most of the work has been done and approved. Staff received
a revised plan within the last 24 hours, but had not reviewed or discussed that
plan. However, Mr. McNeil was available to answer Council's questions in relation
to the approval of the temporary occupancy request.
Assistant City Attorney Forbes clarified that on page 5, item 2(b) of Resolution
No. 2057, there was a provision that required the applicant to complete certain
items prior to receiving an occupancy permit. She further explained that the only
issue before the Council at this point was approval to grant temporary occupancy
to the applicant. All other issues would come before the Council at their July 23,
2007 meeting.
Mr. Jeremy McNeil, owner of Port Orchard Railway and Marina, provided a short
power point presentation, which outlined the parking plan for approval by the
Council.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to interpret Section 1, paragraph 2(b )(v) of Resolution No.
2057 authorizing a temporary occupancy permit to the applicant, Port
Orchard Railway Marina, llC. Upon vote, motion passed unanimously.
Approval of Application Regarding Removal of Significant Trees
located at Forest Song Development
Planning Director, Joanne Long-Woods presented the staff report and noted that
the zoning ordinance required that the removal of all significant trees of 18" in
caliper or greater shall be replaced at a ratio of 3:1 and the removal of trees 36"
or greater be approved by City Council before removal. The trees are located in
the right-of-way and footprint of the development. The applicant has submitted a
site plan to remove 10 significant trees of 36" and greater in diameter and has
identified where the trees were located and would submit the final landscaping
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plan, including the 3:1 tree replacement plan, during the
clearing/grading/excavation permitting process.
Mr. William M. Palmer, Land Use Planning Consultant for Oakridge Homes,
reviewed the need for the removal of the trees and explained, they are
proposing to plant approximately 315 trees, which will be planted as part of the
subdivision development.
Ms. Jeri Harmon inquired as to the purpose of the significant tree ordinance if it
wasn't to protect existing trees.
Mr. Palmer clarified there would be a tree buffer in the ravine. Mr. Palmer further
explained that while they tried to develop around the existing trees on the land,
it wasn't always feasible due to various issues like exposing the root system,
which could cause downed trees during severe weather.
Council Member Wyatt moved and Council Member Clauson seconded a
motion to approve the request to remove 10 trees greater than 36
inches in diameter at the site of the previously approved Forest Song
Preliminary Plat/PRO and directed staff to draft a resolution for the
next regularly scheduled meeting. Upon vote, motion passed
unanimously.
Authorization for Mayor to Sign McCormick Woods Reimbursement
Agreement
Public Works Director Abed presented the staff report and explained City staff
has been working with Mr. Doug Skrobut, President of McCormick Land
Company, for some time to structure an agreement for project reimbursement
costs for building a future water reservoir. The developer agreed to build the
reservoir to the City's specifications as long as the City agrees to reimburse the
developer the costs to build said reservoir. The reservoir will then become part of
the City's future infrastructure.
Council Member Clauson provided a brief history on the City's previous Letter of
Commitment outlining the City's responsibility to provide water and become the
service area provider. The proposed reservoir would meet the City's prior
commitment, and would improve the City's overall water system infrastructure.
Council Member Clauson moved and Council Member Wyatt seconded
a motion to authorize the Mayor to sign the reimbursement agreement
with McCormick land Development to construct the new City Reservoir
in McCormick Woods Subdivision. Upon vote, motion passed
unanimously.
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Authorization for Mayor to Sign Agreement with Caseco for Sidewalk
Repair Project on North Side of Bay Street
Public Works Director Abed presented the staff report and explained the Council
had agreed to contract with Sierra Stone to overlay the sidewalk on the north
side of Bay Street. Additionally, the Public Property Committee had asked City
staff to investigate the cost to install a brick inlay to match the existing brick
located on the far eastern side of the walk and to repair damaged curbing. On
June 20, 2007, the Public Property Committee recommended the Council
approve the Caseco proposal.
Council Member Clauson moved and Council Member Powers seconded
a motion to authorize the Mayor to sign the Construction Contract with
Caseco to install brick inlay and to replace damaged curbing along the
north side of Bay Street from Frederick Street to Harrison Street for a
total amount not to exceed $78,000. Upon vote, motion passed
unanimously.
Adoption of Resolution 017-07 Six-Year Transportation Improvement
Program for the Years 2008-2013
Council Member Dilenno moved and Council Member Geiger seconded
a motion to adopt Resolution No. 017-07 Six-Year Transportation
Improvement Program for the Years 2008-2013.
Upon vote, the motion passed with six affirmative votes and one
dissenting vote. Council Member Chang cast the dissenting vote.
After a five-minute break, Mayor Abel reconvened the meeting at 9:25 p.m.
Discussion: Franchise Utilities Undergrounding Ordinance
Public Works Director Abed presented the staff report and noted the effect of the
new Chapter 12.16 of the Port Orchard Municipal Code Undergrounding of
Utilities.
Council Member Dilenno suggested language revisions to 12.16.060 to read,
"may only grant an exception to the requirement if the following items are met."
Council Member Diienno moved and Council Member Putaansuu
seconded a motion to authorize staff to prepare an enabling ordinance
and bring to a future Council meeting for action. Upon vote, motion
passed unanimously.
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Discussion: Wi-Fi in City Hall
The Council discussed the benefits of having Wi-Fi within City Hall, noting
concerns of costs, competing with local businesses, and interference with local
residences.
Council Member Powers moved and Council Member Wyatt seconded
the motion to have staff discuss with Wavecable free wireless internet
areas within the downtown area. Upon vote, the motion passed with
five affirmative votes and two dissenting votes. Council Members
Chang and Diienno cast the dissenting votes.
Council/Mayor Staff Report
Council Member Powers requested the MVET and Transportation discussion be
moved to the July 23, 2007 meeting.
Council Member Clauson reported on the unexpected rise in disposal costs for
sludge as the North Kitsap facility was not an approved sludge disposal site. The
Joint Waste Water Treatment Facility has to haul to the Centralia facility and
disposal costs to date are $98,000, with an estimated additional cost of $88,000
to $100,000 for the remainder of the year. They are looking at options to get the
North Kitsap facility rated a Class B; however, it would take some time to obtain
DOE approval. He asked that the item be placed on the July 23, 2007 agenda for
further discussion.
Council Member Clauson moved and Council Member Diienno seconded
the motion to authorize the Mayor to donate $500 from her training
budget to the Baccalaureate Task Force to conduct a study on the need
for a four-year college in Kitsap County. Upon vote, the motion passed
unanimously.
Council Member Powers moved and Council Member Clauson seconded
the motion to extend the meeting an additional ten minutes. Upon vote
motion passed unanimously.
At 9:57 p.m. the Council moved into a 10-minute executive session for the
purpose of discussing real estate issues.
ADJOURNMENT
At 10:07 p.m. Mayor Abel adjourned the meeting.
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Patricia J. irkpatrick, Deputy City Clerk Kim E. Abel, Mayor