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01/22/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of January 22, 2007 Council Members: Mayor Pro-Tem Wyatt, Chang, Clauson, Dilenno, Geiger, Powers, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, Planning Director Long-Woods, Code Enforcement Officer Woodside, City Clerk Merlino and City Attorney Combs. 7:00 P.M. CALL TO ORDER Travis Baker led the audience and Council in the Pledge of Allegiance. PRESENTATION Holiday Lights Awards Mayor Abel illustrated through a power point presentation the 2006 Holiday Good Neighbor Awards for outstanding holiday decorations. These awards recognize the dedication of individuals and businesses that have exhibited vibrant holiday spirit. The winner of the business category of the 2006 Holiday Good Neighbor Award was Bucksnort Coffee, located at 557 Bay Street. Annette Stewart and her daughter Alix Stewart accepted the business category award. Mayor Abel presented, for the third year, the 2006 Holiday Spirit Neighborhood Award to the six residents located at 1731-1741 Pottery Avenue. This neighborhood will receive a decorative yard banner to add to their 2007 holiday decorations, the banner will remain a part of the neighborhood decorations for the month of December 2007. Mayor Abel presented, for the second year, the winners of the residential 2006 Holiday Good Neighbor Award. Stephen and Corinne Harris and their family accepted the award for their home and yard located at 945 Eaglecrest Place. The children of Mr. and Mrs. Stephen accepted a holiday ornament from Mayor Abel to hang on their tree in 2007. Terry Bickel, Waste Management Terry Bickel representing Waste Management gave a brief history of the recycling program within the City. Mr. Bickel discussed the "All-in-One" recycling program, known as "Single Stream Recycling". Mr. Bickel discussed the advantages of this new program. Mr. Bickel further advised the new program will cost the customer approximately $1.00 more per month, however Mr. Bickel emphasized the more the Minutes of January 22, 2007 Page 2 of 8 customer recycles the more the customer will realize through a rebate. Mr. Bickel stated the program would be implemented in July or August of 2007. Linda Thompson, Port Orchard Library Yearly Update Linda Thompson, Port Orchard Library, presented the 2006 annual report. Ms. Thompson advised this year the library circulation is the largest the library has ever experienced and commented the new card registration and door count were up as well. Shannon Peterson, the Children's Librarian discussed the activities that the Port Orchard library sponsored for young children and teenagers in our community. Linda Thompson invited and encouraged the Council to attend the "Great Library-Great Community" discussion with Jill Jean, Library Director on February 13, 2007 at the Port Orchard branch at 6:30 p.m. APPROVAL OF AGENDA The following Consent Item was removed from the Consent agenda and placed on the February 12, 2007 agenda: • Authorization for the Mayor to Sign Professional Services Agreement with Ward C. Muller AUDIENCE COMMENTS Jerry Arnett, 288 Goldenrod, commented on the City's support of the Passenger Only Ferry. Mr. Arnett expressed a concern with the possibility of increasing taxes for the citizens of Port Orchard. Fred Depee spoke in favor of the proposed annexations and asked that these annexations move as quickly as possible to avoid· any appeals or sanctions from the County. If the County receives appeals during the 60-day appeal process of their Comprehensive Plan review, this could ultimately stop the annexation process. Ron Rider questioned the Business Item regarding the Kitsap County Consolidated Housing Authority and asked if it would impact the business in the downtown core area. Mayor Abel advised this item would be open for discussion during the Business Item portion of the agenda. Gil Michael, 228 Seattle Avenue, asked that audience comments be allowed during the Business Item relating to Kitsap County Consolidated Housing. Minutes of January 22, 2007 Page 3 of 8 CONSENT AGENDA Council Member Chang moved and Council Member Wyatt seconded the motion approving the Consent Agenda as amended. Upon vote, motion passed unanimously. A. Approval of Claim Warrants #47060-47128 in the amount of $179,024.47. B. Authorization for the Mayor to Sign Ace Paving Change Order No. 2 for Overlay Paving Project (Abed) & Authorization for the ~~ayor to Sign Professional Services Agreement with VVard C. ~~uller (~~erlino) Moved to February 12th, 2007 Council agenda BUSINESS ITEMS: Minutes of the December 19, 2006 Downtown Overlay District Meeting Council Member Clauson moved and Council Member Wyatt seconded the motion to approve the December 19, 2006 Downtown Overlay District Meeting as presented. Upon vote, motion passed with four affirmative votes and three abstentions. Council Members Putaansuu, Powers and Diienno abstained from voting due to their nonattendance at the meeting. Minutes of the January 9, 2007 Downtown Overlay District Meeting Council Member Clauson moved and Council Member Putaansuu seconded the motion to approve the January 9, 2007 Downtown Overlay District Meeting as presented. Upon vote, motion passed with four affirmative votes and three abstentions. Council Members Powers, Diienno and Wyatt abstained from voting due to their nonattendance at the meeting. Authorization to Post New Directional Signs for Candy Shoppe Code Enforcement Officer Woodside presented the staff report on a request from the Candy Shoppe located at 833 Bay Street, to place a directional business sign on available space on both the City owned directional signs located near Tremont and Port Orchard Boulevard; and Port Orchard Boulevard and Bay Street. Ms. Woodside advised the Candy Shoppe has received approval by the State Department of Transportation to have their signage on Highway 16. The State further requires businesses to have additional directional signage after traffic has left the freeway. Council Member Powers moved and Council Member Diienno seconded the motion to approve the application for placement of directional sign for The Candy Shoppe business and direct staff to mount the sign in accordance with requirements of Ordinance No. 1924. Mayor Abel advised the Downtown Merchants are working on proposing an update to the directional signs, so that they are more uniform. Minutes of January 22, 2007 Page 4 of 8 Council Member Clauson amended the motion and Council Member Wyatt seconded the amendment to authorize the placement of the signage, with the understanding that when the City is ready to make changes to the sign structures the owners of the signs may be requested to make the modifications. Upon vote, the amendment passed unanimously. Upon vote, original motion as amended passed unanimously. Authorization to Post New Directional Signs for Corner Deli and Bucksnort Code Enforcement Officer Woodside presented the staff report on a request from Annette Stewart, the owner of the Corner Deli, located at 639 Bay Street and Bucksnort Coffee, located at 557 Bay Street, for permission to place two directional business signs on both the City owned directional sign locations near Tremont Street and Port Orchard Boulevard; and Port Orchard Boulevard and Bay Street. Ms. Woodside advised that currently these two businesses do not have permission from the State Department of Transportation to have their signs placed on Highway 16. Also Ms. Woodside advised there is space for both directional signs to be placed at the Tremont Street location, however due to the design layout of the Bay Street location, there is room for only one directional sign. Council Member Wyatt moved and Council Member Chang seconded the motion to approve the application for placement of directional signs for the Corner Deli and Bucksnort businesses and direct staff to modify the framework to accommodate the signs in accordance with requirements of Ordinance No. 1924 and to further work with the Street Committee. Council Member Clauson expressed a concern that the past practice for the Council has been that the directional signs would have already been approved by the State Department of Transportation and placed on Highway 16, before approval by the Council to modify the City's directional signage. Council Member Wyatt moved and Council Member Powers seconded the motion to place the issue regarding signage in the City right of way into the Street Committee for further review. Upon vote, motion passed with five affirmative votes and two dissenting votes. Council Members Diienno and Chang cast the two dissenting votes At 8:24 p.m. Mayor Abel called for a 5 minutes recess, with meeting reconvening at 8:29p.m. Minutes of January 22, 2007 Page 5 of 8 Acceptance of Notice of Intent to Petition for Annexation -lingerfeldt Planning Director Long-Woods presented the staff report for two Notices of Intent to Petition for Annexation. Mary Lingerfeldt, petitioner, and David Walden, representing Ms. Lingerfeldt, submitted the first Notice of Intent to annex four parcels totaling approximately 105.49 acres. The parcels are located west and south of the intersection of Sidney Avenue and Sedgwick Road. These parcels have recently been added to the City's Urban Growth Area through the Kitsap County's Comprehensive Plan, 10-year update, approved in December 2006. The properties have been designated "Urban Low Density Residential" in Kitsap County's Comprehensive Plan. Ms. Lingerfeldt intends to develop the property into both residential and mixed use in the future. Ms. Long-Woods reported on the second Notice of Intent for Annexation, which was submitted by Russell Tanner and David Walden. Mr. Tanner and Mr. Walden are requesting to annex one parcel totaling approximately 10.2 acres that is contiguous to the City limits. This parcel is located north and east of the intersection of Sidney and Sedgwick Roads. Ms. Long-Woods further advised this parcel has also recently been added to the City's Urban Growth Area through Kitsap County's Comprehensive Plan, which was approved in December 2006. The parcel has been designated "Urban High Density Commercial/Mixed Use" in Kitsap County's Comprehensive Plan with Highway/Tourist Commercial Zoning. Mr. Tanner is intending to develop the property with commercial uses under either commercial or mixed use zoning in the future. Ms. Long-Woods further commented that since Glenwood Road SW splits these two parcels, Ms. Long-Woods recommends. that these two petitions be annexed together and the portion of Glenwood Road SW that lies between these two parcels would also be annexed. City Attorney Combs advised the Council that a meeting between the petitioners and the City Council would need to be set to discuss their intention to annex into the City. Council Member Clauson moved and Council Member Wyatt seconded the motion to set a meeting with Mary lingerfeldt, Russell Tanner and David Walden this evening to discuss their intention to annex in the City. Upon vote, motion passed unanimously. City Attorney Combs asked each petitioner to identify him or herself for the record. David Walden advised he is the owner of the 10.2 acre parcel and representative for both Notices of Intent to Petition for Annexation. City Attorney Combs advised the City Council to combine both Notices of Intent to Petition and include the portion of Glenwood Road SW, which splits the two parcels. Minutes of January 22, 2007 Page 6 of 8 Mr. Walden concurred with combining the two Notices of Intent into one application process. Council Member Clauson moved and Council Member Wyatt seconded the motion to combine both Notices of Intent to Annex into the City and include Glenwood Road SW, which splits the two parcels. Upon vote, motion passed unanimously. Mayor Abel called for a 5 minute recess at 8:50 p.m. with meeting reconvening at 8:55 p.m. City Attorney Combs advised the Council to adopt the closest comprehensive plan as designated by Kitsap County and not adopt the zoning and allow for site specific zoning when a formal application is presented. Council Member Clauson moved and Council Member Wyatt seconded the motion to accept the combined Notice of Intent to Petition for Annexation with the assumption of existing City indebtedness by the area to be annexed and require the simultaneous adoption of comprehensive plan as follows: the 105.49 acre parcel will have a Medium Density Designation and future site specific rezone to R12; the 10.2 acre parcel will have a High Density Residential Designation and a future site specific rezone to Mixed Use. Upon vote, motion passed unanimously. Adoption of Ordinance No. 001-07 Authorizing KCCHA Powers of a Public Development Authority within the City of Port Orchard City Attorney Combs advised the New Market Tax Credits are a good way to encourage a new influx of capital into the City. Mr. Combs suggested the Council create an enabling City ordinance to authorize the Kitsap County Consolidated Housing Authority as the Public Development Authority (PDA) for the City. With the PDA in place, the Council could establish specific projecttasks through City resolutions as needed. Norm Mcloughlin, Director of the Kitsap County Consolidated Housing Authority, explained how the tax credits are secured from the US Treasury and then used by qualifying ventures. Mr. Mcloughlin encouraged the Council to adopt the ordinance designating them as the PDA and further granting the Housing Authority the ability to develop the community revitalization plan for the City. At this time, Mayor Abel asked for audience comments. Gil Michael, 228 Seattle Avenue, requested that this issue be identified as a City ordinance, to allow for more audience comments and input. Mr. Michael suggested that Minutes of January 22, 2007 Page 7 of 8 perhaps the Port of Bremerton would consider becoming the PDA for the City. Mr. Michael also thanked the Council for their efforts in redeveloping the downtown core area. Ron Rider, 919 Prospect Street, expressed appreciation to the Housing Authority and their ability to help fund the redevelopment of Port Orchard. Mr. Rider also spoke in favor of the enabling ordinance and asked that the Council make sure the property owners' rights are not taken away. Council Member Powers moved and Council Member Clauson seconded a motion directing the City Attorney to draft an enabling ordinance designating the Kitsap County Consolidated Housing Authority as the Public Development Authority for the City of Port Orchard and draft a resolution authorizing the Kitsap County Consolidated Housing Authority to move forward with the New Market Tax Credit in the City. Council Member Dilenno amended the motion and Council Member Chang seconded the amendment to make sure if the enabling ordinance establishes any assignments they are subject to a public hearing by the Council. Upon vote, amendment failed with two affirmative votes and five dissenting votes. Council Members Clauson, Wyatt, Powers, Geiger and Putaansuu cast the five dissenting votes. Council Member Clauson amended the motion and Council Member Dilenno seconded the amendment that any future assignments to the Public Development Authority must be heard first by the Council and opened for public comment, then at the next scheduled Council meeting the resolution would be approved, excluding the proposed New Tax Credit resolution, which will be adopted at the next Council meeting. Upon vote, motion passed unanimously. Upon vote, original motion as amended passed unanimously. Concurrence with Spring/Fall Clean Council Member Dilenno moved and Council Member Wyatt seconded the motion to accept the proposed dates for Spring and Fall Clean Up for 2007 as follows: Spring Clean Up: June 11-15, 2007 Fall Clean Up: October 8-12, 2007 Upon vote, motion passed unanimously. Minutes of January 22, 2007 Page 8 of 8 Council Member Wyatt moved and Council Member Powers seconded the motion to extend this Council meeting to 10:20 p.m. Upon vote, motion passed unanimously. COUNCIL/MAYOR & STAFF REPORT City Attorney Combs asked for Council clarification on the City's Code Book. Currently there are no provisions for water capital facility charges. City Attorney Combs asked if the Council wants his office to draft an ordinance to incorporate this change into the City's Code Book. Council placed this issue into the Utility Committee for further review. Planning Director Long-Woods presented a draft redline version of the Downtown Overlay District Regulations. The Council will hold a public hearing on February 26, 2007 to hear comments, deliberate on the proposed revisions and propose final changes to the ordinance. The final changes will be incorporated and at the March 12, 2007 Council Meeting, the final ordinance will be adopted by the City Council. Mayor Abel asked for Council's consideration on a request from the Visitor and Convention Bureau regarding either purchasing their structure located on Bravo Terrace, or partnering with the VCB to own and operate the facility or allow them to sell and move the structure. Council placed this issue into the Finance Committee for further discussion. Council Member Chang moved and Council Member Powers seconded the motion to extend the meeting an additional 5 minutes. Upon vote motion passed with 4 affirmative votes and three dissenting votes. Council Members Putaansuu, Diienno and Clauson cast the three dissenting votes. The following Council Committee meetings were set: Utility Committee meeting N January 29, 2007, 6:30 p.m. at City Hall Street/Alley Committee meeting N January 30, 2007, 7:00 p.m. at City Hall ADJOURNMENT At 10:25 p.m. Mayor Abel adjourned the meeting. ~~ Michelle Merlino, City Clerk Kim E. Abel, Mayor