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12/30/2008 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of December 30, 2008 7:00P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor ABSENT: Councilmembers: Mayor Pro-Tem Clauson, Chang, Childs, Colebank, Powers, and Putaansuu Councilmember 0 lin, excused ALSO PRESENT: City Treasurer Tompkins, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, Assistant City Engineer Archer, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Bill Palmer led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Todd Buskirk thanked the Council for the opportunity to provide public defender services on behalf of the City and looked forward to working with Judge Decker and staff. Judd Turner, President of Sidney Art Museum Association, voiced concern that the museum was unaware of the proposed parking garage and library project and encouraged the Council to include them in future discussions and noted that the museum is one of the oldest buildings in Pmi Orchard and is the only public museum in South Kitsap County. Richard A. Brown voiced concerns regarding the proposed Bethel annexation, noting the area is very congested and inquired if the Council had begun work on how to manage the existing congestion as well as future congestion. APPROVAL OF AGENDA Conncilmcmber Childs moved and Councilmember Pntaansnn seconded the motion to approve the Agenda. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA Conncilmember Putaansuu moved and Councilmember Colebank seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants #50890 through #50965 in the amount of $159,423.04 B. Minutes of the December 9, 2008, City Council Meeting C. Adoption of Ordinance No. 045-08, Amending the 2008 Budget Minutes of December 30,2008 Page 2 of9 D. Adoption of Ordinance No. 046-08, Amending the 2008 Budget and Authorizing Transfer of Funds E. Adoption of Resolution No. 056-08, Authorizing the Mayor to Sign Contract for HV AC Maintenance of City Hall and Library F. Adoption of Resolution No. 062-08, Authorizing the Mayor to Sign Public Defender Services Contract G. Adoption of Resolution No. 063-08, Authorizing the Mayor to Sign Contract with NL Olson & Associates, Inc. for Tremont Medical Complex Left Tum Lane H. Adoption of Resolution No. 064-08, Authorizing the Mayor to Sign Contract with Kitsap County Regarding Incarceration of City Prisoners I. Authorization for Public Works Director to Issue McMurray Letter Granting Permission to Build within the Dekalb Street Right-of-Way EXECUTIVE SESSION At 7:07p.m. Mayor Coppola recessed the meeting for a thirty-minute execntive session regarding potential litigation in accordance with RCW 42.30.I!O(l)(A). City Attorney Jacoby, Development Director Weaver, and the Public Works Director Dorsey were invited to attend and the Mayor announced that no action will be taken as a result of the executive session. PUBLIC HEARINGS Public Hearing on Adoption of Ordinance No. 047-08, Approving the Annexation Request for the Jahnke-Beihl Property Development Director Weaver presented the staff report, noting the applicants submitted a Petition for Annexation on June 27, 2008, to annex three parcels totaling approximately 5.29 acres and the associated public access easement, located in the vicinity of Mile Hill Drive and Payseno Lane, adjacent to and south of Mile Hill Drive. The site is adjacent to a Commercial zoned area and the applicant intends to extend additional commercial nses on this property. Kitsap County incorporated this property into the City's Urban Growth Area as part of the I 0- year update of the Kitsap County Comprehensive Plan in December 2006 with a County Comprehensive Plan designation of Urban High Intensity Commercial/Mixed Use and zoning of Highway Tourist Commercial (10-30 DUlAc). The applicant is requesting to be annexed with the City's Comprehensive Plan and zoning designations of Commercial. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:37p.m. Public Hearing on Adoption of Ordinance No. 048-08, Approving the Annexation Request for the Sidney and Berrv Lake property Development Director Weaver presented the staff report, noting the applicant submitted a Petition for Annexation on October 20, 2008, to annex five parcels totaling approximately 5.87 acres and the associated rights-of-way, located in the vicinity of Sidney Avenue and Berry Lake Road, adjacent to and west of State Highway 16 SW. The parcels are adjacent to a Commercial zoned area and the applicant intends to extend additional commercial uses on this parcel. This Minutes of December 30, 2008 Page 3 of9 property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10- year update of their Comprehensive Plan in December 2006 with a Cow1ty Comprehensive designation of Urban High Intensity Commercial/Mixed Use and zoning of Highway Tourist Commercial. The applicant is requesting to be am1exed with the City's Comprehensive Plan and zoning designations as Commercial. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:39p.m. Public Hearing on Adoption of Ordinance No. 049-08, Approving the Seabeck Pizza Rezone City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. City Attorney Jacoby asked if any Councilmember had any ex parte communication with anyone regarding this application. There was no response from any Councilmember. City Attorney Jacoby further asked if any Councilmember had any financial interest in this property, with the applicant or representative of the applicant, either directly or indirectly relating to the property involved. There was no response from any Councilmember. City Attorney Jacoby asked if any Com1cilmember had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. There was no response from any Councilmember. City Attorney Jacoby asked if any member of the audience felt any of the Councilmembers should not participate in the hearing. There was no response from any audience member. Development Director Weaver presented the staff report, noting the applicant applied for a rezone of a 1. 7 acre parcel located near the intersection of Sedgwick Road and State Route 16 fi·om Employment Industrial Office (EO) to Commercial Retail Office (CO) zoning. The property is located west of Lowe's, with approximately 600 feet of frontage along Sedgwick Road. Much of the property is encumbered by a Type II wetland that extends offsite near Blackjack Creek. The Planning Commission held a Public Hearing on November 17, 2008, and recommended approval of the proposed rezone with conditions as listed in Planning Commission Resolution No. 010-08. In response to Councilmember Chang, City Attorney Jacoby concurred that the seven conditions listed in Planning Commission Resolution No. 010-08, were reasonable. At 7:49p.m. Mayor Coppola opened the Public Hearing. William Palmer, representing the applicant Nick Reynolds, provided a brief history of the Seabeck Pizza project to the Council and voiced his concerns with the Planning Commission's conditions: Minutes of December 30, 2008 Page 4 of9 I. Condition No. 10, Mr. Palmer voiced concern that Lowe's was not negotiating with the applicant regarding easement access between Lowe's and the proposed Seabeck Pizza parcel. 2. Condition No. 22, Mr. Palmer requested clarification as to the extent of the traffic analysis and why a Geo-Tech report was being required. Nels Rosendahl, Engineer for Seabeck Pizza, explained that he understood that a traffic analysis would be appropriate, but objected to a full traffic study and asked the Council to change the condition to read soil analysis in lieu of a Geo-Tech report. The applicant Nick Reynolds explained that he has acted in good faith with Lowe's in trying to reach final agreement regarding the easement access between the two parcels; however, he has not received any offers from Lowe's. At this time, Mr. Reynolds declined to state how the building would be used and whether a portion of the building would include professional office space. Public Works Dorsey noted the purpose of the Geo-Tech report is to protect the property owners to ensnre the soil will be able to withstand the weight and pressure of the proposed building. In addition, Geo-Tech reports and Traffic studies are handled on a property by property basis, noting it would be in the applicant's best interest to negotiate with Lowe's, which in turn will help rednce the traffic hazards associated with inserting another turn lane in Sedgwick Road. There being no further testimony, Mayor Coppola closed the Public Hearing at 9:03p.m. NEW BUSINESS Adoption of Ordinance No. 047-08, Approving the Annexation Request for the Jahuke- Beihl Property Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening regarding City Council Ordinance No. 047-08, regarding the annexation of three parcels that total approximately 5.29 acres and the associated public access easement, at the request of Robert Biehl and Steven C. Jahnke. The parcels are located in the vicinity of Mile Hill Drive and Payseno Lane, adjacent to and south of Mile Hill Drive. The property is undeveloped and has a Kitsap County Comprehensive Plan designation of Urban High Intensity Commercial/Mixed Use and Highway Tourist Commercial and a Kitsap County Zoning Designation of Highway Tourist Commercial. With approval of this annexation, these properties will have a City of Port Orchard Comprehensive Plan designation of Commercial and a zoning designation of Commercial Industrial Office (Co). Staff recommends adopting Ordinance No. 047-08. Councilmember Putaansuu moved and Councilmember Powers seconded the motion to adopt Ordinance No. 047-08, approving the Jahnke-Biehl annexation request of three parcels totaling approximately 5.29 acres and the associated public access easement. Upon vote, the motion passed unanimously. Minutes of December 30, 2008 Page 5 of9 Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to amend to include the language that all property within the territory annexed shall be assess and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the date of annexation. Upon vote, the motion to amend passed unanimously. Adoption of Ordinance No. 048-08, Approving the Annexation Request for the Sidney and Berry Lake Development Director Weaver presented the staff report, noting the applicant submitted a Petition for Annexation on October 20, 2008, to annex five parcels totaling approximately 5.87 acres, and the associated rights-of-way, located in the vicinity of Sidney Avenue m1d Berry Lake Road, adjacent to and west of State Highway 16 SW. The parcels are adjacent to a Commercial zoned area and the applicm1t intends to extend additional commercial uses on this parcel. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10- year update of their Comprehensive Plan in December 2006 with a County Comprehensive designation of Urban High Intensity Commercial/Mixed Use and zoning of Highway Tourist Commercial. The applicant is requesting to be m1nexed with City's Comprehensive Plan and zoning designations as Commercial. Staff recommends adopting Ordinance No. 048-08. Councilmember Powers moved and Councilmember Clauson seconded the motion to adopt Ordinance No. 048-08, approving the annexation request for the Sidney and Berry Lake Property and all property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the date of annexation .. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 049-08, Approving the Seabeck Pizza Rezone Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier in the meeting to discuss the requested rezone of the subject property from Employment Industrial Office (EO) zone to Commercial Retail Office. The rezone would bring the property into compliance with its Comprehensive Plan designation m1d make it more compatible with neighboring zoning. Staff recommends approving the rezone as conditioned. After a brief discussion, Council directed the City Attorney to coordinate a meeting with the applicant's attorney and a representative fi"om Lowe's in m1 attempt to finalize the easement access 1ssues. Councilmember Clauson moved and Councilmember Putaansuu seconded the motion to continue the Seabeck Pizza rezone to the January 13, 2009, Council meeting. Upon vote, the motion passed unanimously. Minutes of December 30, 2008 Page 6 of9 Adoption of Resolution No. 055-08, Confirming Mayoral Appointment to the Planning Commission City Clerk Kirkpatrick presented the staff report, noting the Planning Commission is made up of eight residents of the City who volunteer their time for the purpose of reviewing land use applications and making recommendations to the City Council and serving a term of six (6) years. In the past during the process of appointing and reappointing Planning Commissioners clerical errors were made in some of the term expiration dates. Staff has researched the error and has corrected the term expiration dates. Mayor Coppola reviewed all of the applications received for the vacant position and recommends confirmation of appointing Gil Michael to the Planning Commission for a term ending December 31,2014. Councilmember Childs moved and Councilmember Colebank seconded the motion to adopt Resolution No. 055-08, confirming the Mayor's appointment of Gil Michael to the Planning Commission for a term expiring December 31, 2014. Upon vote, the motion passed unanimously. Adoption of Resolution No. 065-08, authorizing the Mayor to sign Interlocal Agreement with Kitsap County Health District for the Kitsap Regional Illicit Discharge Detection and Elimination Clean Runoff Project Public Works Director Dorsey presented the staff report, noting in 2007 the Kitsap County Health District applied to Department of Ecology (DOE) for a Stonnwater Implementation Grant, which included participation with the Cities of Bremerton, Poulsbo, Port Orchard and Bainbridge Island. To implement the grant for Port Orchard an Interlocal Agreement (ILA) needs to be signed between Kitsap County Health District and the City of Port Orchard. The !LA will help the City be in compliance with the Illicit Discharge Detection and Elimination (IDDE) portion of the National Pollution Discharge Elimination System (NPDES) Permit. Compliance requirements involve Stormwater system mapping, identifying non-storm water discharges, commercial property inspections and education, and a final report. By working with the Kitsap County Health District through the ILA, City staff will receive training and help in complying with the portions of the permit listed above. Staff recommends the City Council authorize the Mayor to sign the Interlocal Agreement with Kitsap County Health District for the Kitsap Regional Illicit Discharge Detection and Elimination Clean Runoff Project. Councilmember Chang moved and Councilmember Putaansuu seconded the motion to adopt Resolution No. 065-08, authorizing the Mayor to sign the Interlocal Agreement with Kitsap County Health District for the Kitsap Regional Illicit Discharge Detection and Elimination Clean Runoff Project for a total expenditure of $108,141 of which $68,128 will be from grant funds, with a City match of $40,013 during the period between December 1, 2008 and June 30, 2011. Upon vote, the motion passed unanimously. Minutes of December 30, 2008 Page 7 of9 Adoption of Resolution No. 066-08, Authorizing an Inter-Fund Loan Between the Water/Sewer Cumulative Reserve Fund and the Storm Drainage Utility Fund City Treasurer Tompkins presented the staff report, noting the City Council established a Storm Drainage Utility and Fund and adopted rates to be effective January 1, 2009. Because of billing cycles the actual payment of service charges will not occur until February or March. The City is incurring expenses relating to the new Storm Drainage Utility. In order to pay for these expenditures prior to the billing and collection of revenue there needs to be an inter-fund loan transfer. Staff recommends adopting Resolution No. 066-08, authorizing an inter-fund loan transfer from the Water-Sewer Cumulative Reserve Fund to the Storm Drainage Utility Fund for 2009. Councilmember Clauson moved and Councilmember Putaansuu seconded the motion to adopt Resolution No. 066-08, authorizing the City Treasurer to make an inter-fund loan transfer between the Water-Sewer Cumulative Reserve Fund and the Storm Drainage Utility Fund in an amount not to exceed $100,000, without additional Council authorization. Upon vote, the motion passed unanimously. Adoption of Resolution No. 067-08, Authorizing the Mayor to Sign Contract with Caseco & Associates for Cline Street Project Public Works Director Dorsey presented the staff report, noting pursuant to Resolution No. 1912, staff utilized the Small Works Roster Procedures for the Cline Street Repairs, consisting of paving, grading, curb/gutter and sidewalk improvements located along the east side of Cline Street between Dwight Street and Kitsap Street. The Total Bid for the project is $75, 214, which includes sales tax on materials only w1der Rule 171. This project was reviewed by the Public Properties Committee on December 1, 2008. Staff recommends the City Connci1 authorize the Mayor to execute a contract with Caseco Associates, Inc. in the amow1t of $75,214 for the Cline Street Repair project, with work commencing in early 2009. Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to adopt Resolution No. 067-08, authorizing the Mayor to sign the contract with Caseco Associates, Inc., for the Cline Street Repair Project in an amount not to exceed $75,214. Upon vote, the motion passed unanimously. Adoption of Resolution No. 068-08, Authorizing the Mayor to Sign Change Order No. 1 with BHC Consultants for Sewer Comp Plan Amendment-SKIA Technical Memorandum Public Works Director Dorsey presented the staff report, noting on November 13,2007, the City Council authorized the Mayor to sign a contract with BHC Consultants in the amount not to exceed $40,000 for the preparation of a Technical Memo. On February 12, 2008, the City Cow1cil authorized a second separate contract to BHC Consultants in the amount not to exceed $50,000 for the preparation of a Sanitary Sewer Comprehensive Plan. In July of 2008, the City Council directed Staff. to prepare the South Kitsap Industrial Area (SKIA) Infrastructure Assessment & Technical Memorandum (dated July 28, 2008). This work was added to the second BHC contract in the amount not to exceed $5,000. Stati recommends authorizing the Minutes of December 30, 2008 Page 8 of9 Mayor to sign Change Order No. I to the second BHC Consultants contract in the amount not to exceed $5,000, for a revised total contract amount not to exceed $55,000. Councilmember Colebank moved and Councilmember Childs seconded the motion to adopt Resolution No. 068-08, authorizing the Mayor to sign Change Order No. 1 to the contract with BHC Consultants in an amount not to exceed $5,000, for a revised total contract amount not to exceed $55,000. Upon vote, the motion passed unanimously. CITIZENS COMMENTS Gerri Harmon, 906 Kitsap Street, voiced concern that the grant writer had not produced any funds for the City and encouraged the Council to not renew the contract. COMMITTEE REPORTS The Council canceled their annual Holiday Tour of Lights due to inclement weather. MAYOR'S REPORT Councilmembers and the Mayor voiced appreciation to the Public Works staff for keeping City streets clear during the recent storm storms. Mayor Coppola meet with Development Director Weaver, Commissioner Bauer and Erik Baker regarding the Bethel annexation, noting it had a positive outcome. REPORT OF DEI) ARTMENT HEADS Development Director Weaver stated the petition to annex Bethel and Sedgwick parcels will be on the January 13, 2009, Council meeting as a Public Hearing item. Further, the Paul Powers Park Grant is listed as a possible receipt of funds from the Economic Stimulus money. Under direction of Council, Development Director Weaver will provide an update at the January 20, 2009, Work Study Session and at the Finance Committee meeting in February. Councilmember Clauson moved and Councilmember Colebank seconded the motion to excuse Councilmember Olin from the December 30, 2008, Council meeting. Upon vote, the motion passed unanimously. Councilmember Clauson moved and Councilmember Childs seconded the motion to extend the meeting for an additional ten minutes. Upon vote, the motion passed unanimously. Public Works Director Dorsey advised that a new snow plow and dump truck would be needed due to the existing one had a blown motor. The Council referred this matter to the Finance Committee for follow up. Minutes of December 30, 2008 Page 9 of9 L~