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11/13/2007 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 13, 2007 PRESENT: Kim E. Abel, Mayor Council Members: Chang, Clauson, Diienno, Geiger, Powers, and Putaansuu ABSENT: Council Member Wyatt (excused) ALSO PRESENT: Police Commander Palmer, Public Works Director Abed, Planning Director Long-Woods, City Treasurer Tompkins, City Clerk Merlino, Deputy Clerk Kirkpatrick, and Assistant City Attorney Jacoby. 7:00 P.M. CALL TO ORDER Patty Lent led the audience and Council in the Pledge of Allegiance. PRESENTATION Kitsap Cares About Kids Patty Lent, Co-Chair of the Kitsap Cares About Kids, introduced Patrick Murphy as a member of the Board and provided pins and brochures on the program to the Council. She explained this is a mentoring program for children by committed individuals, organizations, and businesses within the community. Ms. Lent urged the Council to consider setting aside funding during their budget review. Mayor Abel read into the record the proclamation, which recognized the importance of young people and children in the community and supported the Kitsap Cares About Kids public awareness campaign and presented the proclamation to Patrick Murphy. Lisa Heaman, Co-Chair of the Kitsap Cares About Kids, thanked the Council for its support of the program. Water Comprehensive Plan Marty Penhallegon of PACE Engineers provided a brief power point presentation of the Water Comprehensive Plan, noting the following project goals: o Establish a plan for orderly development of the water system; • Comply with state and local requirements; • Update draft plan to address Western Service Area new development; o Identify service areas and demographic trends; • Make realistic water demand projections; • Update minimum design criteria; • Develop concise existing system inventory Minutes of November 13, 2007 Page 2 of 12 • Construct hydraulic model of the water system; • Identify future water supply alternatives and transmission needs; and • Develop a detailed Capital Facilities Plan Mr. Penhallegon reviewed the existing water system and water system analysis, current rate structure, connection fees, and the approximate adjustments to rates and fees needed to put the Water Comprehensive System Plan into place. In response to Council Member Chang, Mr. Penhallegon explained that user rates are based on meter size and usage; however, the dollar per gallon use is the same rate regardless of the use, i.e. commercial versus residential. Obviously, the commercial building will use more water than the typical residential user and it would be reflected in the billing. In response to Council Member Geiger, Mr. Penhallegon clarified that the City has used many different kinds of pipe material for the water mains over the years, i.e. copper, cast iron, asbestos, etc. lone Sailor Statue Memorial Project Tim Thomson, Co-chair of the Lone Sailor Statue Memorial Committee, provided a brief presentation on the fundraising campaign to place a Lone Sailor Statue Memorial at the new Bremerton Marina. The Statue will face the City of Port Orchard, greeting every vessel transiting local waters, including Navy warships in the service of our Nation. The memorial will honor not only those who serve, but will also provide an incredible site for citizens to gather and reflect, bid aloha to vessels in transit, celebrate milestones, or remembering the sacrifices of loved ones. Mr. Thomson requested the City of Port Orchard consider allocating $6,000 from its 2008 budget for this project. In response to Council Members, Mr. Thomson explained that the Lone Sailor Statue was not mobile and would remain on the Bremerton pier and their goal was to raise $100,000 in sixty days in order to hold the dedication ceremony on Memorial Day in 2008. PUBliC HEARING Annexation Request for the Tallman Properties Planning Director Long-Woods presented the staff report, noting that this was a request to annex six parcels totaling approximately 22.29 acres into the City of Port Orchard. The parcels are contiguous to existing City limits and are located northwest of the intersection of Sidney and Sedgwick Roads. The applicant is requesting to come into the City with "Commercial/Greenbelt" comprehensive plan designation and future zoning designation of "Commercial-Retail/Office/Greenbelt" to be determined through a future site-specific rezone. Minutes of November 13, 2007 Page 3 of 12 At 7:50 p.m. Mayor Abel opened the Public Hearing. William Palmer, Land Use Consultant representing Jim and Dian Tallman, urged the Council to remain consistent in the greenbelt zone for this property, noting the Council had previously set the Brown/Rice/Krueger properties' greenbelt at 100 feet and felt this property should have the same consideration to be consistent with the Comprehensive Plan. There were no further public comments. At 7:55 p.m. Mayor Abel closed the Public Hearing. Lundberg Landing Rezone, Case No. R-1164 Planning Director Long-Woods presented the staff report, noting that this is a site- specific rezone of a parcel from "Residential 4.5 (R4.5)" to "Commercial-Retail/Office (CO)" to allow for the construction of four new office/retail buildings, totaling approximately 32,000 square feet on a total of 2.9 acres. The properties are designated "Commercial" in the Comprehensive Plan and access will be provided off of Bethel Avenue and Mitchell Avenue. Further, there is a Type 3 wetland and a Type 4 stream on the site. The proposal includes filling the wetland and relocating it further south on the property. A Section 404 Water Quality Permit from the Army Corps of Engineers will need to be obtained to fill-in the wetland. The applicant is also proposing to direct the stream through the newly created wetland and the area will be planted with nearly 700 native plants. Hydraulic Project Approval from the State Department of Fish and Wildlife will be required to change the course of the existing stream. The applicant and agents met with a representative from Fish and Wildlife who requested a culvert replacement under Bethel Avenue in order to improve fish habitat downstream. No clearing, grading, or building permits can be issued on this parcel until the permits from the state and federal agencies have been approved and a copy submitted to the City. The Planning Commission reviewed this request at their October 15, 2007, meeting and recommended to approve the rezone request with the condition that a fence is built on the northern property line. Public Works Director Abed explained that after further review, he had two additional Engineering conditions to add to the Planning Commission's Resolution as follows: 1. The applicant shall provide half-street improvements along the entire site's frontage with Mitchell Avenue. The total pavement width will be 14 feet from the center of Mitchell; the existing pavement will be saw cut and new asphalt will be added to meet the total width. The improvements shall include paving, stormwater, curb/gutter, sidewalk, landscaping, lighting and franchise utilities undergrounding. Minutes of November 13, 2007 Page 4 of 12 2. The applicant shall sign a waiver-of-protest of future Local Improvement District (LID) for full roadway improvement of Bethel Avenue. This roadway enhancement will include pavement widening, curb/gutter, sidewalk, stormwater, lighting, landscaping and franchise utilities undergrounding. At 8:02 p.m. Mayor Abel opened the Public Hearing. Assistant City Attorney Jacoby reminded the Council they were sitting as a Quasi Judicial Body for this matter. Further, Assistant City Attorney Jacoby acknowledged that state law governing appearance of fairness, conflict of interest, and ex-parte communication apply to the City Council Members and asked each Council Member the following questions: • To disclose if they had any financial interest in this project; • If they could make a fair and impartial decision on this application, based upon facts that have been presented and facts that will be presented; • If they have had any ex-parte communication prior to this Public Hearing; and • If anyone in the audience feels any member of the Council should be disqualified due to appearance of fairness or conflict of interest. No response was received from Council Members or the audience. Robert Baglio, representing the applicant, voiced surprise at the two additional conditions as presented by the Public Works Director. He requested a correction in the Planning Commission's Conclusion on Page 3, Item 1 explaining that it should read, "the proposed medical retail office complex." Mr. Baglio stated the proposal is to develop 4 single office buildings with adequate parking to support the buildings and access being granted onto Mitchell and Bethel. Impact analysis was done and no mitigation was necessary; the storm system had been designed to City standards; and they dedicated a 20 foot right-of-way easement to the City for future widening of Bethel Avenue. The Department of Fish and Game requested a culvert be installed under Bethel Avenue rather than wait for the Bethel Avenue widening project to commence, the applicant decided to move forward with relocating the wetlands and diverting the stream and installing a culvert for nutrient passage. The applicant is working with the Army Corps of Engineers to obtain the necessary permits. Assistant City Attorney Jacoby explained that the Council could move this item to the next meeting allowing the Public Works Director and applicant time to review the two additional engineering concerns as mentioned above. Minutes of November 13, 2007 Page 5 of 12 Mr. Baglio requested the Council grant permission to remove one significant tree, which was located in the middle of one of the proposed building sites. The tree is diseased and has no timber value. Richard Brown voiced frustration with the Tribes claiming that the stream has fish in it and that the property has a pristine wetland. Janet Lundberg Pugh, property owner, provided a brief history of the property and noted the property did not contain a year-round stream until the surrounding area was developed. She urged the Council to support moving forward on her request to rezone the property. Lon Everett, wetland consultant on the project, noted the wetland was not significant and that the property met the City's design criteria. He urged the Council to move forward with the rezone. There were no further public comments. At 8:31 p.m. Mayor Abel closed the Public Hearing. Council Member Dilenno moved and Council Member Powers seconded the motion to grant permission to remove the significant tree and submit an ordinance at the next regularly scheduled meeting. Council Member Putaansuu voiced concern that staff brought forth last minute conditions rather than at the Planning Commission meeting. Council Member Dilenno moved and Council Member Geiger seconded the motion to reopen the public hearing. Upon vote, the motion passed unanimously. At 8:34p.m. Mayor Abel reopened the public hearing. In response to Council Member Chang, Ms. Lundberg explained the one significant tree is rotten on the inside and has no marketable value. There were no further public comments. At 8:36 p.m. Mayor Abel closed the Public Hearing. Upon vote, the original motion as presented, passed unanimously. Minutes of November 13, 2007 Page 6 of 12 APPROVAL OF AGENDA The following item was added to the Agenda: • A 20-minute executive session to discuss personnel and real estate AUDIENCE COMMENTS Mayor-Elect Coppola requested that Business Items 7E and 7F be held until the incoming Council Members were brought up to speed on the projects. Gerry Harmon voiced concern with the parking study and proposed that the walk-on ferry terminal be moved to the smaller City dock and a parking garage be built there, which would alleviate the downtown parking concerns. CONSENT AGENDA Council Member Dilenno moved and Council Member Putaansuu seconded the motion approving the Consent Agenda. Upon vote/ motion passed unanimously. A. Approval of Claim Warrants #48638 through 48766 totaling $311,023.55 and Payroll #141094 through 141103 and Direct Deposits in the amount of $381,419.37. B. Minutes of the October 22, 2007, City Council Meeting C. Adoption of Resolution No. 027-07, Appointing City Attorney D. Passage of Property Tax Levy Ordinance No. 037-07 E. Approval of Fireworks Display for Festival of Chimes and Lights At 8:40 p.m. Mayor Abel adjourned into a 20-minute executive session to discuss personnel and real estate and at 9:00 p.m. extended the executive session for an additional 10-minutes. At 9:15p.m. Mayor Abel reconvened the meeting after a 5-minute break. Council Member Powers moved and Council Member Clauson seconded the motion to excuse Council Member Wyatt from this meeting. Upon vote/ the motion passed unanimously. BUSINESS ITEMS: Minutes of the November 5. 2007. Study Session Re: Impact Fees Council Member Chang moved and Council Member Putaansuu seconded the motion to approve the November 5, 2007, Study Session Minutes Re: Impact Fees as presented. Upon vote/ motion passed with six affirmative votes and one abstention. Council Member Clauson cast the one abstaining vote. Minutes of November 13, 2007 Page 7 of 12 Adoption of Ordinance No. 038-07. Annexing Tallman Property Planning Director Long-Woods presented the staff report, noting the applicant is requesting to annex six parcels totaling 22.29 acres into the City of Port Orchard and to come into the City with a Comprehensive Plan designation of "Commercial/Greenbelt." Zoning will be established at a future date through a site-specific rezone. Council Member Dilenno moved and Council Member Clauson seconded the motion to continue this item to the next regularly scheduled meeting to allow time for the Public Works Director and the Developer to review the two additional conditions. Council Member Putaansuu moved and Council Member Powers seconded the motion amending the main motion to consider a 100-foot Greenbelt setback to be consistent with neighboring parcels. Council Member Putaansuu stated that on the previous annexation request from Brown, Rice, Krueger the Council had granted their request for a 100-foot greenbelt setback and that the same consideration should be granted with this parcel. In response to Council Member Powers, Planning Director Long-Woods explained that Black Jack Creek is a shoreline of significance and she did not previously recommend that the Council approve the 100-foot greenbelt setback in the Brown, Rice, Kreuger property nor did she support reducing the setback for the current request. Assistant City Attorney Jacoby explained that the Council did not have to make the decision to reduce the buffer zone at this time as it does not preclude the applicant from asking for the buffer to be reduced when they come in for site development. Council Member Geiger voiced support of addressing the buffer zone issue during the development phase. Upon vote the motion to amend failed, with three dissenting votes. Council Members Diienno, Geiger, and Chang cast the dissenting votes, Original motion as presented passed unanimously. Adoption of Resolution No. 025-07, Approving Salarv Compensation City Clerk Merlino presented the staff report, explaining the City hired Ross Ardrey of NW Management Consulting, Inc. to conduct a Salary and Benefit Survey for all non- represented positions. The Council agreed at their October 22, 2007, meeting to Minutes of November 13, 2007 Page 8 of 12 establish a wage schedule for these non-represented positions that set the hourly wage at the average of the comparison cities, as the City's budget would allow, starting with those positions that were identified below the comparison cities' average and would be retroactive to January 1, 2007. City Treasurer Tompkins reported the Finance Committee tasked her department with finding the percentage to market value to implement the salary increase based upon the Council's decision of October 22, 2007. She provided a handout that showed the non-represented employees' base salary in October 2006, their 2007 base salary calculated 2.5% below the market value and that base salary with the 3.5% COLA as of October 1, 2007. She noted that the Council during their 2007 budget cycle determined a certain amount be set aside to cover the increase retroactive to January 2007 upon completion of the survey. Once staff applied the new salary ranges for non-represented employees and factored in each employee's overtime, longevity, and education incentives, the total salary increase was $1,237.21 below the target budget figure of $146,700. Council Member Clauson moved and Council Member Powers seconded the motion to acknowledge and accept the non-represented salary and benefit study as prepared by NW Management Consulting, Inc., and implement the results of the salary and benefit study retroactive to January 1, 2007 as outlined by the City Treasurer. In response to Council Member questions, Treasurer Tompkins explained that the item before them was for a salary increase retroactive to January 1, 2007, and calculated through December 31, 2007. The Finance Committee was working on the next stage of salary increases for the 2008 budget cycle. Council Member Clauson sought direction from the Council on how it would like the Finance Committee to proceed with implementing salary cost overall within the 2008 budget. Council Members came to a consensus that the Finance Committee would make its recommendations for the 2008 budget and find funding to give a salary increase to non-represented employees that would narrow the gap with the goal of bringing them to full comparable market value. Upon vote, the motion passed unanimously. Authorization for the Mayor to Sign the BHC Consultants Professional Services Agreement for the 2007 Comprehensive Sanitarv Sewer Plan Public Works Director Abed presented the staff report, noting the City had budgeted $50,000 to update the City's 2000 Sewer Comprehensive Plan and the recommendation was to hire BHC Consultants, LLC to prepare the Sewer Plan Update. However, as the Minutes of November 13, 2007 Page 9 of 12 contract was being negotiated the issue of the City's Urban Growth Area regarding potential annexation was successfully challenged at the Boundary Review Board level and Kitsap County asked the City for assistant to prepare a sewer analysis to prove that the City could successfully serve these areas with sewer. With the threat of a moratorium on further annexations into the City, the Utilities Committee directed the City Engineer to negotiate a contract with BHC Consultants and prepare the Growth Management Act (GMA) Compliance Technical Memorandum. John Wilson of BHC Consultants provided an update on the scope of work, noting that they created a model of the sewer system and project looking ahead 20 years and identified which parts would need to be upgraded. The final document will be presented at the December 19, 2007 meeting and next year BHC will put together project cost projections for Council review. Council Member Diienno moved and Council Member Clauson seconded the motion to authorize the Mayor to enter into a contract with BHC Consultants, LLC to prepare the Growth Management Act (GMA) Compliance Technical Memorandum for a total amount not to exceed $40,000. Upon vote, the motion passed unanimously. Authorization for the Mayor to Sign Universal Field Services Local Agency Standard Consultant Agreement for the Tremont Street Right-of-Way Acquisition Public Works Director Abed presented the staff report, noting that the Tremont Street Widening Project began approximately two and one-half years ago with the discussion to hire Berger-Abam and Associates to prepare the preliminary engineering. However, the project's timeline was pushed back due to changes in the assigned project manager and the additional discussion on the issue of new roundabouts. The design is currently at the fifty-percent stage and the preliminary right-of-way maps have been completed. In order to keep the project moving forward and to gain some time in the next stage, it was recommended that Universal Field Services, Inc be hired to assist the City in acquiring the new right-of-way for the Tremont Street Widening Project. It is hoped that with their assistance the City will secure the new right-of-way for the project by the fall of 2008 allowing construction to commence at the start of the 2009 construction season. Council Member Diienno moved and Council Member Putaansuu seconded the motion authorizing the Mayor to sign the Local Agency Standard Consultant Agreement with Universal Field Services for the Tremont Street Widening Project in the amount not to exceed $245,082.00. Upon vote, the motion passed unanimously. Minutes of November 13, 2007 Page 10 of 12 Discussion Item: Update on Tremont Widening Public Works Director Abed presented the staff report and explained that staff held a public workshop on November 8, 2007, informing the community about the status of the project work and introduced the right-of-way agent for the project. An integral element of the next phase is to approve the administrative process that would allow the City to waive the appraisal when the acquired property value is below $25,000. The Council could establish the authority of the Public Works Director to approve settlements of $25,000 or less and to bring higher settlements to Council for its approval. Staff would have to seek Washington State Department of Transportation approval prior to implementation of the administrative process. Assistant City Attorney Jacoby advised that in order to widen Tremont Street, the City will need to acquire right-of-ways (ROW) and property along Tremont Street. Federal funding dictates the manner in which the City can proceed in obtaining the ROW's. One requirement is to hire a consultant who specializes in ROW acquisitions in an efficient, economical manner and who will create a set of procedures to follow during ROW acquisition. The second issue is for the Council to give direction to staff on how much negotiation room it is willing to give the Public Works Director in order to reduce the amount of ROWs that would have to be approved by Council. Staff is requesting the limit be set at $25,000 and anything over that amount to come back before Council for approval. Mitch Lege! the Regional Manager and Barbara Meekin the Project Manager for Universal Services explained that by allowing the Public Works Director to work under the $25,000 cap would improve the process and save the City money overall and would give staff some flexibility in negotiating final cost to obtain the right-of-way without having to come before Council each time. Council Member Dilenno moved and Council Member Powers seconded the motion to authorize the Public Works Director to approve property acquisition settlements of $25,000 or less and to bring higher property acquisition settlements to the Council for its approval and further direct staff to finalize right-of-way procedures for adoption at the next Council meeting. Upon vote, the motion passed unanimously. Council Member Powers moved and Council Member Dilenno seconded the motion to extend the meeting to 10:10 p.m. Upon vote, the motion passed with one dissenting vote. Council Member Putaansuu cast the dissenting vote. Minutes of November 13, 2007 Page 11 of 12 Appointment of Building Code Appeal Board Council Member Dilenno moved and Council Member Clauson seconded the motion to approve the creation of a Building Code Appeals Board for the City and to appoint the three members to that board as recommended by staff; and to allow the Board to hear appeals of decisions of the City's Building Official pursuant to the International Building Code, International Residential Code, and Uniform Abatement Code as adopted by the City under Port Orchard Municipal Code Chapter 15.04. Upon vote/ the motion passed unanimously. Adoption of Resolution No. 026-07. Accepting the 2007 Port Orchard Comprehensive Water System Plan Public Works Director Abed presented the staff report, noting that PACE Engineers was hired to update its water comprehensive plan two years ago. Since that time, PACE Engineers prepared the draft form; however, it has been proposed that the McCormick Woods water system be added into the draft water comprehensive plan. This is a logical step as both systems are owned by the City and the developer, McCormick Woods Land Development LLC, has agreed to pay the cost for this amendment. The amended plan has been completed and submitted to the Health Department for its approval and the City is required to formally adopt this plan and use for future planning as required by the Growth Management Act (GMA). Council Member Putaansuu moved and Council Member Powers seconded the motion to adopt Resolution No. 026-07, accepting the 2007 Port Orchard Comprehensive Water System Plan as prepared by PACE Engineers. Upon vote/ the motion passed unanimously. Continued Discussion -Admissions Tax (Continued from 8/27/07 Council Meeting) City Treasurer Tompkins presented the staff report and explained that State law allows for a 5% tax on admissions. Should cities located in a county choose to not impose an admissions tax; the county can collect that tax within the corporate limits. If the tax were increased to five percent the estimated annual increase would be $83,000. Council Member Diienno moved and Council Member Chang seconded the motion to continue the meeting until the discussion on the Admissions Tax was complete. Upon vote/ the motion passed unanimously. Minutes of November 13 1 2007 Page 12 of 12 Council Member Geiger opposed increasing the Admissions Tax and supported taxation to all residents/ not just those going to the movies. He stated the broad based tax of one percent could be used to help offset salary increases and other escalating costs of the City. Council Member Diienno moved and Council Member Powers seconded the motion to direct staff to prepare an ordinance for the November 26, 2007 Council Meeting increasing the City of Port Orchard/s Admission Tax to 5%, effective January 1, 2008. Upon vote, motion passed with one dissenting vote. Council Member Geiger cast the dissenting vote. ADJOURNMENT At 10:14 p.m. Mayor Abel adjourned the meeting. ~,O~d Patricia J. Kir~patrick1 Deputy Clerk Kim E. Abel 1 Mayor