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07/23/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of July 23, 2007 Council Members: Mayor Pro-Tem Wyatt, Chang, Clauson, Diienno, Geiger, Powers, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, Planning Director Long-Woods, City Clerk Merlino, Deputy Clerk Kirkpatrick, and City Attorney Jacoby. 7:02 P.M. CALL TO ORDER Linda Wyatt led the audience and Council in the Pledge of Allegiance. PUBLIC HEARING Annexation Request for Roland Property Planning Director Long-Woods presented the staff report, noting that this was to formally hear testimony regarding the annexation request for the Roland property with the Comprehensive Plan designation of Commercial. The applicant requested annexation of 1.16 acres contiguous to the City limits, northwest of the intersection of Geiger Road S.E. and Sedgwick Road. The property was part of a previous application for Comprehensive Plan Amendment/Rezone in 2003, but was inadvertently dropped from the application process by the previous owner at the last minute. The Planning Commission approved the applicant's request to annex and designate the property as Commercial. The applicant will come in at a later date with a site-specific rezone of the property from Commercial to Commercial, Retail and Office. At 7:04 p.m. Mayor Abel opened the Public Hearing and closed the Public Hearing at • 7:04 p.m. due to no public comments. Annexation Request for Brown, Rice, Krueger, and Waters Properties Planning Director Long-Woods presented the staff report, explaining that the applicant submitted a Petition to Annex 33.39 acres, which consisted of seven separate parcels contiguous to City limits. County Ordinance No. 316-2004, effective October 25, 2004, added the seven parcels to the City of Port Orchard Urban Growth Area (UGA) and redesignated/rezoned all the parcels within the County's comprehensive plan designation of Urban High-Intensity Commercial/Mixed Use and Zoning maps to Highway Tourist/Commercial. The Planning Commission approved the applicant's request to annex and designate the property as Commercial. It was recommended that Minutes of July 23, 2007 Page 2 of 9 the City Council approve the proposed petition for annexation and require simultaneous adoption of comprehensive plan designations and the assumption of existing City indebtedness by the area to be annexed. At 7:09 p.m. Mayor Abel opened the Public Hearing. Mr. William Palmer, William Palmer Consultants, representing the property owners Brown, Rice, Krueger, and Waters, provided a brief background history on the properties, which were originally zoned Highway Tourist/Residential. He urged the Council to approve the annexation request and designate the properties Commercial. There were no further public comments. At 7:16 p.m. Mayor Abel closed the Public Hearing. Council Member Chang noted that the Waters property was still before the Boundary Review Board (BRB) and inquired as to how soon the comprehensive plan amendment for the Waters property would be processed. Planning Director Long-Woods explained that the City had requested a waiver from the Boundary Review Board and it was approved at their July 12, 2007 meeting. She further clarified that a comprehensive plan designation could be amended either during the annexation process or during the City's annual comprehensive review process. Comprehensive Plan/Zoning Designations for the Gordon D. Rush Property- Sedgwick Landing Planning Director Long-Woods presented the staff report, noting the Public Hearing was the first part of the request for annexation. The property was incorporated into the City's Urban Growth Area by Kitsap County as part of their 10-year update of the Comprehensive Plan in 2006, and given a County Comprehensive Designation of Urban High-Intensity Commercial/Mixed Use. RCW 35.13.125 requires the City to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan designation, and whether the City will require the assumption of all or of any portion of existing City indebtedness by the area to be annexed. The Planning Commission approved the request for annexation at their April 16, 2007 meeting. At 7:12 p.m. Mayor Abel opened the Public Hearing. Dennis Walden of North Pacific Designs, representing the applicant Gordon D. Rush, urged the Council to approve the annexation request and was available to answer questions. Minutes of July 23, 2007 Page 3 of 9 There were no further public comments. At 7:13 p.m. Mayor Abel closed the Public Hearing. Annexation Request for Gordon D. Rush Property-Sedgwick Landing Planning Director Long-Woods presented the staff report, noting this was the second part of the request to annex the 9.7 acres located near the northwest corner of the intersection of Sidney Road SW and SW Sedgwick Road. The Planning Commission, at their April 16, 2007 meeting, recommended that the property be given a comprehensive plan and zoning designation of Commercial. At 7:14p.m. Mayor Abel opened the Public Hearing. Dennis Walden, North Pacific Design, representing the applicant Gordon D. Rush, requested the Council approve the annexation request and was available to answer questions. There were no further public comments. At 7:15 p.m. Mayor Abel closed the Public Hearing. APPROVAL OF AGENDA The Business Items were adjusted and heard in the following order: ~ Adoption of Ordinance No. 020-07 Approving the Annexation Request for Roland Property ~ Adoption of Ordinance No. 021-07 Approving the Annexation Request for Brown, Rice, Krueger, and Waters Properties ~ Adoption of Ordinance No. 022-07 Approving the Comprehensive Plan/Zoning Designations for Gordon D. Rush Property -Sedgwick Landing ~ Adoption of Ordinance No. 023-07 Approving the Annexation Request for Gordon D. Rush Property-Sedgwick Landing ~ Discussion Item: Surveying Western Edge of Seattle Street/Authorizing Contractor Services ~ Minutes of the June 29, 2007 Downtown Overlay District meeting ~ Minutes of the July 6, 2007 Downtown Overlay District meeting ~ Adoption of Ordinance No. 019-07 Relating to POMC Chapter 12.16 Undergrounding of Utilities ~ Authorization to Modify the Waste Water Treatment Facility 2007 Budget ~ Discussion Item: Transportation Benefit District ~ Discussion Item: Significant Tree Ordinance ~ Discussion Item: Wi-Fi in City Hall Minutes of July 23, 2007 Page 4 of 9 The Council added an 8-minute Executive Session to discuss potential litigation. AUDIENCE COMMENTS Mr. Dick Brown requested the City set-aside funding for a study on the Sedgwick interchange. Public Works Director Abed explained that the City was in the process of updating the sewer comp plan. Mr. Gil Michaels, 328 Seattle Avenue, voiced support of Mr. Brown's comments and urged the Council to look at the long-term needs for sewer and streets, noting this was an opportunity to coordinate future development needs within that area. Ms. Gerry Harmon, 906 Kitsap Street, voiced concern with the current significant tree ordinance and urged the Council to redevelop priorities to ensure the majority of significant trees would remain during the development and construction phases. Mr. Michael Carrigan, informed the Council of the large number of aggressive street merchants canvassing residential neighborhoods. He asked the Council to review the Code regarding outside vendors and perhaps modeling it after the "Green River Ordinance," which could then be posted on signs throughout the community. Council Member Clauson expressed agreement and asked that the issue be sent to the City Attorney to determine how to enforce current code as well as to review what other communities were doing regarding this process. Police Chief Townsend clarified that Mr. Carrigan was requesting the Council review the "Green River" law to determine its applicability within City limits and stated the item could be discussed at the next Public Safety Committee meeting. Council Member Clauson moved and Council Member Diienno seconded a motion for the Public Safety Committee to review the City's current code, as well as the "Green River Ordinance," and the vendor licensing requirements within City limits. Upon vote/ the motion passed unanimously. CONSENT AGENDA Council Member Clauson moved and Council Member Wyatt seconded the motion approving the Consent Agenda as amended. Upon vote/ motion passed unanimously. A. Approval of Claim Warrants #48062-48129 totaling $143,616.11. B. Minutes of the July 9, 2007 City Council Meeting C. Adoption of Ordinance No. 018-07 vacating a portion of S.W. Wilkins Drive D. Adoption of Resolution No. 016-07 Repealing Resolution No. 003-06 and Establishing Certain Benefits for Non-Represented Employees Minutes of July 23, 2007 Page 5 of 9 E. Adoption of Resolution No. 018-07 Regarding Removal of Significant Trees Located at Forest Song Development BUSINESS ITEMS: Adoption of Ordinance No. 020-07 Approving the Annexation Request for Roland Property Council Member Clauson moved and Council Member Wyatt seconded the motion to adopt Ordinance No. 020-07 annexing the Roland property, Parcel No. 022301-4-005-2003, into the City of Port Orchard and the simultaneous adoption of Comprehensive Plan designation of Commercial. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 021-07 Approving the Annexation Request for Brown, Rice, Krueger, and Waters Properties Council Member Clauson moved and Council Member Putaansuu seconded the motion to adopt Ordinance No. 021-07 annexing the Brown, Rice, Krueger, and Waters properties into the City of Port Orchard and the simultaneous adoption of Comprehensive Plan designation of Commercial and the assumption of existing City indebtedness by the area to be annexed. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 022-07 Approving the Comprehensive Plan/Zoning Designations for Gordon D. Rush Property-Sedgwick Landing Council Member Diienno moved and Council Member Wyatt seconded the motion to Adopt Ordinance No. 022-07 allowing for the Comprehensive Plan designation of Commercial and Zoning designation of Commercial, Retail, and Office, to become effective upon the approval of the annexation request for a 9.7 acre parcel owned by Gordon D. Rush. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 023-07 Approving the Annexation Request for Gordon D. Rush Property-Sedgwick Landing Council Member Wyatt moved and Council Member Powers seconded the motion to adopt Ordinance No. 023-07 annexing the Gordon D. Rush property, Parcel No. 8503-000-000-0005 into the City of Port Orchard, with the assumption of any existing City indebtedness by the area to be annexed. Upon vote, the motion passed unanimously. At 7:40 p.m. the Council moved into an 8-minute executive session for the purpose of discussing potential litigation. The Council extended the executive session for an additional 10-minutes. Minutes of July 23, 2007 Page 6 of 9 Surveying Western Edge of Seattle Street Between Kitsap and Prospect Alley and Authorizing the Mayor to Sign a Contract for Services Council removed this item from the agenda. Minutes of the June 29, 2007 Downtown Overlay District Meeting Council Member Chang moved and Council Member Clauson seconded the motion to approve the June 29, 2007, Downtown Overlay District Meeting as presented. Upon vote, motion passed unanimously. Minutes of the July 6, 2007 Downtown Overlay District Meeting Council Member Wyatt moved and Council Member Clauson seconded the motion to approve the July 6, 2007, Downtown Overlay District Meeting as presented. Upon vote, motion passed with six affirmative votes and one abstaining vote. Council Member Powers cast the abstaining vote due to nonattendance at the July 6, 2007 Downtown Overlay District meeting. Adoption of Ordinance No. 019-07 Relating to POMC Chapter 12.16 Undergrounding of Utilities Public Works Director Abed presented the staff report, noting that the Council provided direction at its July 9, 2007 meeting to pursue adopting new franchise utilities - undergrounding ordinance. This would provide the City with the mechanism to require developers to underground their internal franchise utilities from overhead along the main City streets. Council Member Putaansuu moved and Council Member Wyatt seconded the motion to adopt Ordinance No. 019-07 requiring undergrounding of utilities and adding a new Chapter 12.16 entitled "Undergrounding of Utilities." Upon vote, the motion passed unanimously. Authorization to Modify Waste Water Treatment Facility 2007 Budget Public Works Director Abed presented the staff report and explained that at the last Sewer Advisory Committee meeting two issues were discussed that have a major impact on the biosolid hauling from the Joint Waste Water Plant; a) additional hauling cost of current Class B biosolid in the amount of $200,000; and b) contract with CH2M Hill for technical assistance in the amount of $22,954.67 for a total additional cost of $222,954.67. The City and Karcher Creek Sewer District had based the 2007 budget on the assumption that the biosolids met Class A standards. However, it has since been discovered that the biosolid is Class B based on the Department of Ecology requirements, and thus have to be taken to a State approved land application site in Centralia, which caused the additional expense. CH2M Hill will assist the City and the Sewer District in preparing a land application permit for the Hood Canal Nursery and provide support during the permit approval process. Once approved, the Class B Minutes of July 23, 2007 Page 7 of 9 biosolid can be hauled to this approved location, which will reduce the overall hauling costs. Council Member Clauson moved and Council Member Wyatt seconded the motion to approve a budget amendment for the Waste Water Treatment Facility for an amount not to exceed $200,000 and authorize the District to contract with CH2M Hill for an amount not to exceed $22,954.67. Upon vote, the motion passed unanimously. Council Members briefly discussed the classification time frame and process. Public Works Director Abed explained that the Sewer District would pay the $10,000 fine due to the miscommunication in achieving Class A status. In the meantime, the City and Sewer District were making plans to move forward with CH2M Hill to obtain proper classification with the State. Discussion: Transportation Benefit District Public Works Director Abed presented the staff report, noting the item came to the Council as a result of House Bill 1858, which allowed the creation of a Transportation Benefit District using Motor Vehicle Excise Tax Surcharge (MVET). This was of regional significance as it allowed the County, the cities, or any combination of those jurisdictions to form a Transportation Benefit District (District) by the legislative action of a single jurisdiction or through an interlocal agreement by a combination of the jurisdictions. The District could be comprised of all cities plus Kitsap County or two or more cities plus Kitsap County. Once formed, the District has two options to enact the MVET levy: 1) The District can institute it up to $20 without a public vote, or 2) the District can institute it for $20.01 up to $100 with a public vote. The surcharge would be used for specific projects of a regional nature. Mr. Abed indicated that if the City joins with the County and they institute a $20 levy, the City of Port Orchard could potentially receive approximately $165,000 per year. If the City goes with a $60 levy, it would generate approximately $495,000 in revenues to the City. City Council Members held a brief discussion on the benefits of joining with the County and other jurisdictions to form the District. The Council also discussed the following: Y The amount of levy to initiate, Y Which City projects could be considered "Regional" as defined by HB 1858, specifically Bethel Avenue Project, and Y Whether or not to seek a community vote before initiating any sort of motor vehicle excise tax surcharge. The Council directed staff to review Council's concerns and prepare a priority list for review at the next Transportation Policy meeting in September. Minutes of July 23, 2007 Page 8 of 9 After a 7-minute break, Mayor Abel reconvened the meeting at 9:09 pm Discussion: Significant Tree Ordinance Planning Director Long-Woods presented the staff report, explaining that currently 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. Some of the project sites contain between 100-200 significant trees and if the replacement requirements were to be made on site, it would significantly limit the number of homes that could be built on the site. Further, the zoning ordinance states, "if there is not sufficient room to replace the trees on-site, they could be replaced in another area," however, there are no additional areas known where replacement trees could be planted. Council Members held a brief discussion on developers that want to clear-cut all trees, how other communities regulate land development and retain a large percentage of original trees, and the development of new regulations. Council referred the matter back to the Growth Management Committee and directed the Committee research: 1) how the original ordinance came into effect; 2) an incentive program to save existing historical or significant trees during development; 3) change process so it was not about moving trees; and 4) other ways to save trees with a percentage for canopy protection and/or a significant grove of trees within the proposed development area. Discussion Item: Wi-Fi in City Hall Mayor Abel presented the staff report, noting that staff was requesting direction from the City Council on how they would like to proceed with Wi-Fi services either just in City Hall or within the downtown core district. Council Members held a brief discussion on the benefits of each alternative and whether or not to initiate Alternative 1. Council Member Dilenno moved and Council Member Chang seconded the motion to proceed with Alternative 1 to provide Wi-Fi within City Hall and refer Alternative 2 to the Finance Committee. Council Member Powers voiced concern with having Wi-Fi within City Hall and whether there was a need for that service to the general public. Public Works Director Abed spoke in favor of Wi-Fi in City Hall, noting there were times when contractors and developers need access to the internet in order to provide additional information during a meeting while at City Hall. Minutes of July 23, 2007 Page 9 of 9 Planning Director Long-Woods also favored Wi-Fi in City Hall, but voiced concern that there would be no specific location for residents to utilize while accessing the internet inside City Hall. Council Member Dilenno moved and Council Member Clauson seconded the motion to continue the discussion of Wi-Fi in City Hall to the August 13, 2007 meeting. Upon vote, the motion passed unanimously. COUNCIL/MAYOR & STAFF REPORT In response to Mayor Abel, Planning Director Long-Woods stated the Planning Commission would be reviewing the changes to Home Businesses at their August 20th meeting and it would be before the Council at their August 2ih meeting. Mayor Abel welcomed Ms. Lee Root, the new Human Resource Analyst, to the City. Council Member Clauson invited other Council Members to attend a meeting on July 25, 2007, with Mr. Caldwell regarding the Public Utility District. Mayor Abel confirmed the Parking Feasibility Study will be held on July 31, 2007 and the Storm Water Workshop on August 1, 2007. ADJOURNMENT At 10:00 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor