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01/08/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of January 8, 2007 Council Members: Mayor Pro-tem Wyatt, Chang, Clauson, Geiger, Powers, and Putaansuu ABSENT: Council Member Dilen no (excused) ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Administrative Secretary Gilreath and Assistant City Attorney Forbes. 7:00 P.M. CALL TO ORDER Rob Putaansuu led the audience and Council in the Pledge of Allegiance. PRESENTATIONS South Kitsap Fire and Rescue Update Chief Senter thanked the Council for their support of the fire levy which passed at the last election. South Kitsap Fire and Rescue is now able to provide improved service to the citizens of Port Orchard. He introduced Natalie Felt and Jessie Pension, two new Emergency Medical Technicians hired as a result the passage of the levy. South Kitsap Fire and Rescue will not need to ask for the full amount of the levy because they were successful in obtaining a Safer Act Grant. Passenger Only Ferrv Plan Dick Hayes, Executive Director, Kitsap Transit, gave an update on the Passenger Only Ferry Plan. The presentation outlined the new service anticipated by the adoption of the plan. The projected service will be from four Kitsap County sites to Seattle, to include Bremerton, Kingston, Port Orchard, and Southworth. To fund the service, voters will be asked to support a three-tenths of a cent sales tax increase on the February 6, 2007 election ballot. Mayor Abel asked if the Council had any questions. Council Member Chang asked if there was a campaign committee supporting the plan. Mr. Hayes informed the Council that there was and a marketing campaign is commencing soon. Minutes of January 8, 2007 Page 2 of 8 PUBLIC HEARING Surplus Water Sewer Pump Equipment Mayor Abel asked Public Works Director Abed to explain why it was necessary to declare the equipment surplus. Public Works Director Abed explained that their use caused malfunctions in the Marina Lift Station. At 7:34 p.m. Mayor Abel opened the Public Hearing to allow for public testimony regarding Surplus Water Sewer Pump Equipment. With no one wishing to testify, the public hearing was closed at 7:35 p.m. Amendment to Preliminary Plat/Planned Residential Development of Forest Song At 7:35 p.m. Mayor Abel opened the Public Hearing. Planning Director Long-Woods informed the Council that since there wasn't a quorum at the December Planning Commission meeting, she requests that this public hearing be continued to the next scheduled City Council meeting. Council Member Powers moved and Council Member Wyatt seconded the motion to continue the Public Hearing on the Amendment to Preliminary Plat/Planned Residential Development of Forest Song to the next scheduled City Council meeting of January 22, 2007. Upon vote, motion passed unanimously. At 7:40 p.m. Mayor Abel continued the Public Hearing to the January 22, 2007 Council Meeting. APPROVAL OF AGENDA Council Member Wyatt moved and Council Member Powers seconded a motion to excuse Council Member Diienno from this meeting and the Council meeting held on December 26, 2006. Upon vote, motion passed unanimously. Council Member Wyatt requested a ten minute Executive Session, following the Approval of the Agenda, to discuss potential litigation. The following Business Item was removed from the agenda: • Business Item 7-H Discussion -Retreat Date and Topics Council Member Clauson moved and Council Member Wyatt seconded the motion to move the discussion regarding retreat dates and topics to the February 26th Council agenda. Upon vote, motion passed unanimously. Minutes of January 8, 2007 Page 3 of 8 The following Consent Items were removed from the Consent agenda and placed into Business: • Designation of Funds from the Austin Street Vacation • Adoption of Resolution No. 002-07 Authorizing Surplus of Water Sewer Pump Equipment EXECUTIVE SESSION At 7:45 p.m. Council moved into executive session for 10 minutes for the purpose of discussing possible legal issue. Meeting reconvened at 7:55 p.m. AUDIENCE COMMENTS Mr. Jerry Arnett, 288 Goldenrod St., addressed the Council regarding the road standards for Flower Avenue. He submitted a letter to the Council requesting a response regarding road standard requirements for more than 100 homes. Mayor Abel presented Travis Baker, staff writer for the Kitsap Sun who will be retiring at the end of January, with a Certificate of Appreciation for his years of service. 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 #140328-140417 in the amount of $555,873.06 B. Designation of Funds from the Austin Street Vacation (~qerlino) Moved to Business C. Adoption of Resolution No. 002 07 Authorizating Surplus of Water Sevver Pump Equipment (~qerlino) Moved to Business BUSINESS ITEMS Designation of Funds from the Austin Street Vacation Council Member Powers moved and Council Member Wyatt seconded the motion to distribute with a 50/50 split between the Street Fund and the Designated Unreserved Fund Balance for Parks the $10,000 derived from the Austin Street Vacation. Upon vote, the motion passed unanimously. Minutes of January 8, 2007 Page 4 of 8 Adoption of Resolution No. 002-007 Authorizing Surplus of Water Sewer Pump Equipment Council Member Clauson moved and Council Member Powers seconded the motion to adopt Resolution No. 002-007 declaring the Water/Sewer Pump Equipment as surplus. Upon vote, motion passed unanimously. Appointment of Mayor Pro-tem Council Member Geiger moved and Council Member Clauson seconded the motion to appoint Rick Wyatt as Mayor Pro-tem. Upon vote, motion carried unanimously. Approval of December 26, 2006 City Council Meeting Minutes Council Member Powers moved and Council Member Wyatt seconded the motion to approve the December 26, 2006 Council Meeting as presented. Upon vote, motion passed unanimously. Public Forum Discussion on Kitsap Transit No. 1 Proposition -Passenger Only Ferry Investment Plan and Sales and Use Tax -An Opportunity for the Public to Comment and Council Consideration Regarding the Proposition Before the Mayor opened the Public Forum, Council Member Clauson stated, for the record, that he is an employee of Kitsap Transit and that the outcome of the election will not affect his employment. At 8:50 p.m. Mayor Abel opened the Public Forum. There was no comment from the public. Council Member Wyatt moved and Council Member Powers seconded the motion to adopt Resolution No. 001-07 supporting Kitsap Transit's Passenger-Only Ferry Investment Plan. The Council discussed their beliefs about the importance of passenger-only ferry service from various sites within Kitsap County. Upon vote, motion carried unanimously. Minutes of January 8, 2007 Page 5 of 8 Authorization for the Mayor to Sign Contract with Berger Abam for Tremont Street Widening Supplement 2 Council Member Clauson moved and Council Member Wyatt seconded the motion to authorize the Mayor to execute Supplemental Contract No. 2 with Berger Abam for Tremont Street Widening project to design water and sewer main extensions for a total amount not to exceed $58,900 with the addition that space for high-speed cable be included in the project. Council Member Chang questioned Public Works Director Abed regarding the figure on the contract. Public Works Director Abed clarified that figure was the maximum amount payable for the project. The $58,900.00 represents the amount not included in the previous contracts. Upon vote, motion carried unanimously. Authorization for the Mayor to Sign the Tremont Street. Port Orchard Blvd. to SR16 TIB Project Public Works Director Abed informed the Council that we were fortunate to receive a Transportation Improvement Board Grant in the amount of $1.7 million. The City is being asked to accept the grant with the understanding that the City will provide a local match of 10%. The City can address the $170,000 match amount in the 2008 budget. Council Member Clauson moved and Council Member Powers seconded the motion to authorize the Mayor to sign the TIB grant acceptance for $1,700,000 for the construction of the Tremont Widening Project. Upon vote, motion passed unanimously. Acceptance of the Notice of Intent to Annex into the City-Rice, Krueger and Brown Planning Director Long-Woods identified this property as being located at the southeast corner of the intersection of Sidney Road SW and SW Sedgwick Road. It is adjacent to a commercially zoned area and the applicant's intention is to provide additional commercial properties on these parcels. A discussion commenced regarding the City's Comprehensive Plan Designations. William M. Palmer, a representative for Rice, Krueger and Brown, commented that the annexation would come in with the most equivalent City zoning. This property has been through the County's site specific rezone process. The petitioners wish to come Minutes of January 8, 2007 Page 6 of 8 into the City with a commercial comprehensive plan designation and a commercial zoning designation. Council Member Clauson moved and Council Member Wyatt seconded the motion to accept the Notice of Intent to Annex and require the simultaneous adoption of the comprehensive plan designation, and zoning, and the assumption of the existing City indebtedness by the area to be annexed. Upon vote, the motion passed unanimously. Acceptance of the Notice of Intent to Annex into the City-Rush Property Planning Director Long-Woods identified the property as located near the northwest corner of the intersection of Sidney Road SW and SW Sedgwick Road. The parcel is adjacent to a commercially zoned area and the applicants intend to provide commercial and residential properties on this parcel. The petitioners are requesting both comprehensive plan designation and zoning. Dennis Walden, representative for Gordon D. Rush, presented a map for clarification of the boundaries and suggested that the City bring the parcel in as commercial rather than residential high density. They will apply for a rezone for the residential portion after the annexation. Council Member Chang requested further clarification of the comprehensive plan designation definitions. Further discussion commenced regarding what would be the most accurate comprehensive plan designation and zoning for the project based on the conceptual map. It was determined that a commercial designation would not be in the best interest of the project. Council Member Clauson moved and Council Member Wyatt seconded the motion to accept the Notice of Intent to Annex and require the simultaneous adoption of a Residential High Density Comprehensive Plan Designation with Mixed Use Zoning and the assumption of existing City indebtedness by the area to be annexed. Upon vote, motion passed unanimously. COUNCIL/MAYOR & STAFF REPORT Council Member Geiger presented a proposal from Janet Leach who has offered to give the City the Mitchell Point viewpoint at the north end of Farragut Avenue. She proposes that a fence be put around the site with a monument marker designating it as a historic site. Minutes of January 8, 2007 Page 7 of 8 Council Member Geiger moved and Council Member Clauson seconded the motion to accept from Janet leach the Mitchell Point viewpoint .. A discussion ensued regarding the cost to create and maintain the site. Council Member Chang suggested the item be moved to Public Property Committee. Council Member Geiger informed Council that the negotiations had been approved at staff level and council committee level. Council Member Chang moved and Council Member Powers seconded the motion to continue the deliberation of this item to the January 22, 2007 Council meeting. Upon vote, motion passed with five affirmative votes and one dissenting vote. Council Member Wyatt cast the one dissenting vote. Council Member Clauson asked to be excused from the February 12, 2007 Council meeting since he will be out of town on business. Council Member Wyatt moved and Council Member Putaansuu seconded the motion to excuse Council Member Clauson from the February 12th meeting. Upon vote, motion carried unanimously. Council Member Geiger expressed concern regarding the Perry Avenue speed bumps. Mayor Abel suggested placing this item into the Safety Committee or the Street Committee. Planning Director Long-Woods explained the reason she gave Council Members the Kitsap County Comprehensive Plan Land Use Map and Kitsap County Zoning Map (and conversion chart which will be in their mail box tomorrow) is to assist them in the annexation process. There are several properties in the Sidney-Sedgwick area that want to come into the City immediately. In total there are approximately 120 to 200 acres that will request annexation. The petitioners want to be vested under the existing designations. Planning Director Long-Woods shared that a regional meeting with developers in the Sidney-Sedgwick area was held to discuss the utility needs of the new proposed developments. Public Works Director Abed reported on flooding damage to the Police Department. They are investigating the source of the moisture to make sure water doesn't continue to get into building. Some of the sheet rock will need to be replaced in the building. Minutes of January 8, 2007 Page 8 of 8 Council Member Geiger moved and Council Member Clauson seconded the motion to continue the meeting for five more minutes. Upon vote, motion passed unanimously. There was further discussion regarding the water damage to City Hall. Council Member Clauson commented that the doorway on the first floor isn't protected. He proposed looking at FEMA funding for some of the repairs. Mayor Abel stated, for the record, that we are accepting Letters of Interest for the Planning Commission vacancy through January 19, 2007. Mayor Abel stated she would be routing Certificates of Appreciation for Council signature for all City employees with more than 20 years of service. Certificates of Appreciation will also be done for those with fewer years of service on five year increments. ADJOURNMENT At 10:10 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor