01/27/2009 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of January 27, 2009
7:00 P.M. CALL TO ORDER AND ROLL CALL
PRESENT: Lary Coppola, Mayor
Councilmembers: Mayor Pro-Tern Powers, Clauson, Chang, Childs, Colebank,
Olin, and Putaansuu
ALSO PRESENT: Police Chief Townsend, Commander Marti, Public Works Director
Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and
City Attorney Jacoby.
PLEDGE OF ALLEGIANCE
Fran Olin led the audience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
Gil Michael, 228 Seattle Avenue, voiced his congratulations to Bek Ashby who was
appointed as the new Planning Commission Chair.
Mary Peterson, 11161 SE Bear Rd, voiced concerns with the City's lack of notifying the
stakeholders regarding parking garage design and construction. In response to Ms.
Peterson, Councilmember Olin explained that a building assessment on the Sidney Museum
had not been completed rather he received the information on the structural soundness of
the Museum building from a member of the Historical Society.
Gerry Harmon, 906 Kitsap Street, voiced concern that the Council will not seek input from
the citizens as they move forward with the parking garage proposal.
APPROVAL OF AGENDA
Councilmember Clauson moved and Councilmember Putaansuu seconded the
1notion to add the potential sale of excess right-of-way at the Bethel round-
about. Upon vote, the motion passed unanimously.
Councilmember Putaansuu moved and Councilmember Clauson seconded the
motion to amend the agenda to add a discussion item regarding the School
District retention pond in McConnick Woods under business items. Upon
vote, the motion to amend passed unanimously.
Councilmember Olin moved and Councilmember Colebank seconded the
motion to approve the Agenda as amended. Upon vote, the niotion passed
unanimously.
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APPROVAL OF CONSENT AGENDA
Councilmember Putaansuu moved and Councihnember Colebank seconded
the motion to approve the Consent Agenda, Upon vote, the motion passed
unanimously.
A. Approval of Claim Warrant #51078 through #51150 in the amount of $515,988.34.
B. Approval of the January 13, 2009, Council Meeting Minutes
C. Adoption of Resolution No. 003-09, Establishing Certain Employee Benefits for a
Non Union Representative Full-Time Mayor Classified as FLSA Exempt
D. Adoption of Resolution No. 004-09, Ratification by Couneil for Mayor to Sign
Leachate Disposal Agreement with Waste Management of Washington, Inc.
E. Adoption of Resolution No. 005-09, Supporting Grant Funding Efforts of South
Kitsap Skate Park Association
PUBLIC HEARINGS
Public Hearing Regarding Annexation Request of the Reynolds Property
City Development Director Weaver presented the staff report, noting that the property
owner Martin Reynolds submitted a Petition for Annexation on June 27, 2008, to annex a
parcel totaling 4.16 acres, located at the east end of 4th Street, North of Veterans' Memorial
Park. 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 Kitsap
County Comprehensive Plan designation and zoning of Urban Low-Density Residential
(UL). In UL, residential units are allowed up to nine dwelling units per acre. The applicant
is requesting to be annexed with City Comprehensive Plan designation of Medium Density
Residential and zoning of Residential 12 (R12).
Mayor Coppola opened the Public Hearing and there being no testimony, closed the Public
Hearing at 7:20 p.m.
Public Hearing Regarding Annexation of Washburn, Grant, Crother Property
City Development Director Weaver presented the staff report, noting that the property
owners Mark and Terri Washburn, Jeffery and Catherine Grant, and Christie Moon Crother
Trust submitted a Petition for Annexation on November 20, 2008, to annex four parcels
totaling 11.25 acres, located on the west side of Glenwood Road SW, approximately 1500
feet southwest of the intersection of Glenwood Road SW and Sedgwick Road SW. The four
parcels lie directly south and adjacent to an area with City Comprehensive Plan designation
of Commercial and zoning of Mixed-Use.
At 7:26 p.m. Mayor Coppola opened the Public Hearing.
Patti Wilson, 6303 Glenwood Road, voiced opposition to the proposed annexation as her
prope1ty is directly across the street, noting she moved into the Country to be a County
resident not a City resident.
There being no further testimony, Mayor Coppola closed the Public Hearing at 7:36 p.m.
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PRESENTATION
Employee of the Quarter
Mayor Coppola congratulated the Public Works Crew on being nominated as Employees of
the Fourth Quarter, noting that on December 18, 2008 the Puget Sound Region and the
City of Port Orchard first saw the initial snmNflakes of what would ultimately become one of
the heaviest snowfalls in our history. And with those initial flakes, the City of Port Orchard
Public Work Department Shop began 10 consecutive days of "around-the-clock" work that
did not cease operations until December 27, 2008. The Shop Crews split into two 12-hour
shifts during that time period and kept the City streets plowed and sanded night and day,
including weekends and holidays, regardless of plans previously made with family
members. Even when one of the City's two snow plow/sanding trucks seized due to heavy
use, the Crews simply continued on clearing the streets by utilizing backhoes where
practicable. The City's streets were considered by many as some of the most passable
streets in the County. The Public Works Shop Crew truly deserves recognition as the City's
"Team of the 4th Quarter" and are the unsung heroes of the 2008/2009 Winter
Storm."
NEW BUSINESS
Adoption of Ordinance No. 049-08, Approving the Seabeck Pizza Rezone
City Development Director Weaver presented the staff report, noting that a Public Hearing
was conducted at the December 30, 2008, Council meeting and continued to the January
13, 2009, meeting for further discussion relating to 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
and make it more compatible with neighboring zoning. The Planning Commission held a
hearing on November 17, 2008, and recommended approval of the rezone, while approving
a variance from the City's Critical Areas Ordinance, with conditions as set forth in Planning
Commission Resolution No. 010-08. Staff recommends approving the rezone as
conditioned
City Attorney Jacoby reported on his egress/ingress discussions with the applicant, noting
some progress has been made but the process will be time consuming as the legal issues are
dealt with at Lowe's corporate offices.
After a brief discussion, Councilmembers voiced objections to allowing another right-turn
entrance/exit onto Sedgwick; and that by approving the rezone request, the property owner
was still under the obligations of the conditions as set forth in the Planning Commission
Resolution No. 010-08, despite no substantial progress being made between the parties
regarding egress/ingress from Lowe's parking lot.
Councihnember Powers moved and Councilmember Colebank seconded the
motion to adopt Ordinance No. 049-08, affir1ning the Planning Co1nmission's
recommendation to approve the rezone of parcel 112301-2-047-2006 from
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Employment (EO) to Comniercial (CO) zoning. Upon vote, the motion passed
withfive affirmative votes and two dissenting votes. Councilmembers Chang
and Olin cast the dissenting votes.
Adoption of Ordinance No. 002-09, Approving the Annexation Request for the
Reynolds Property
Development Director Weaver presented the staff report, noting that the Public Hearing for
approval of City Council Ordinance No. 002-09, for the annexation of a single parcel which
totals approximately 4.16 acres and the associated right-of-ways at the request of Martin
Reynolds was heard earlier in the meeting. The parcel is located in at the terminus of East
4th Street the vicinity of Retsil Road SE and the Retsil Veterans Cemetery, in the SW l/4 of
the NE 1/4 of Sec. 25, T24N, R1E, W.M. The property has a Kitsap County Comprehensive
Plan designation of Urban Low Density Residential and a Kitsap County Zoning
Designation of Urban Low. With approval of this annexation, these properties will have a
City of Port Orchard Comprehensive Plan Designation of Medium Density Residential and
a zoning designation of Residential, 12 units per acre (R-12). Staff recommends adopting
Ordinance No. 002-09.
Councilmember Putaansuu moved and Councilmember Clauson seconded the
motion to adopt Ordinance No. 002-09, approving the Martin Reynolds'
petition for annexation of a single parcel that totals approximately 4.16 acres
and the associated right-of-ways. Upon vote, the motion passed unani1nously.
Adoption of Resolution No. 006-09, Setting the Date and Time of Hearing for
Street Vacation in City Right-of-Way in the 4300 Block of Sidney Road S.W.
City Clerk Kirkpatrick presented the staff report, noting the applicant submitted a request
to vacate a portion of City right-of-way in the 4300 Block of Sidney Road S.W. RCW 25.79
states that the City needs to adopt a resolution setting the date and time of a Public Hearing
to vacate the City's right-of-way. The City Engineer and Public Property Committee have
reviewed the request submitted by Mist Ventures and recommend review by the full
Council. Upon adoption of the resolution, staff will post proper notice of the date and time
of the hearing and provide notice to adjacent property owners. Staff recommends the
Council adopt Resolution No. 006-09, setting the date and time of Hearing for the street
vacation in City right-of-way in the 4300 Block of Sidney Road S.W. to be held at the
February 10, 2009, regular meeting and to post proper notice of the Hearing.
Councilmember Clauson moved and Councilmember Olin seconded the
motion to adopt Resolution No. 006-09, setting the Public Hearing for
February 10, 2009, to occur during the regular Council meeting, on a petition
to vacate a portion of City right-of-way in the 4300 Block of Sidney Road S.W.,
as submitted by Mist Ventures. Upon vote, the motion passed unanimously.
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Adoption of Resolution No. 007-09, Authorizing the Mayor to Sign Change
Order No. 2, with Art Anderson for Feasibility and Conceptual Design for Town
Center Project and Parking Garage for Final Report
Public Works Director Dorsey presented the staff report, noting that on November 12,
2008, the City Council authorized the Mayor to sign a contract with Art Anderson
Associates, Inc. (pursuant to Resolution 048-08) in an amount not to exceed $15,000. On
November 25, 2008, the City Council authorized the Mayor to sign Change Order No. 1 with
Art Anderson & Associates, Inc. (pursuant to Resolution No. 007-08) in an amount not to
exceed $15,000.00. The initial contract completion date was predicated upon a funding
source deadline that did not come to fruition. Therefore, Change Order No. 2 with Art
Anderson Associates, Inc. is for additional contract time only and will provide a 1-year
extension to December 31, 2009. Staff recommends authorization for the Mayor to sign
Change Order No. 2 to the contract with Art Anderson Associates, Inc. for a 1-year contract
extension to December 31, 2009.
Councilmember Clauson moved and Councilmember Colebank seconded the
motion to authorize the Mayor to sign Change Order No. 2 with Art Anderson
Associates, Inc. for a 1-year contract extension to Dece1nber 31, 2009. Upon
vote, the motion passed unanimously.
Adoption of Resolution No. 008-09, Authorizing the Mayor to Sign Change
Order No. 1, with HWA GeoScience, Inc. for Soils Investigations/Pre-Design
for Town Center Project and Parking Garage
Public Works Director Dorsey presented the staff report, noting that on November 12,
2008, the City Council authorized the Mayor to sign a contract v11th HWA GeoSciences, Inc.
(pursuant to Resolution 008-08) in an amount not to exceed $15,000. The initial contract
completion date was predicated upon a funding source deadline that did not come to
fruition. Therefore, Change Order No. 1 with HWA GeoSciences, Inc. is for additional
contract time only and will provide a 3-month extension to March 31, 2009. Staff
recommends authorization for the Mayor to sign Change Order No. 1 to the contract v11th
HWA GeoSciences, Inc. for a 3-month contract extension to March 31, 2009.
Councilmember Childs moved and Councilmember Powers seconded the
motion to authorize the Mayor to sign Change Order No. 1 with HWA
GeoSciences, Inc. for a 3-month contract extension to March 31, 2009. Upon
vote, the motion passed unanimously.
Adoption of Resolution No. 009-09, Authorizing the Mayor to Sign Contract
with Pacific Northwest National Laboratory for Department of Homeland
Security Domestic Nuclear Detection Training
Police Chief Townsend presented the staff report, noting that this request is to enter into
two contracts with the Department of Homeland Security, arranged through Pacific
Northwest National Laboratory. The first is a fixed price contract, for training already
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completed, and is a cost reimbursement to the City of Port Orchard for its total costs related
to sending Port Orchard police officers through their sponsored training. The second
contract is for reimbursement of future costs that the City of Port Orchard incurs relating to
the continued training or other associated costs relating to domestic nuclear detection
training. Staff recommends authorizing the Mayor to sign the contacts with Pacific
Northwest National Laboratory.
Councilmember Colebank moved and Councilmember Childs seconded the
motion to authorize the Mayor to sign reimbursement, and fixed price
contracts with Pacific Northwest National Laboratory. Upon vote, the nwtion
passed unanimously.
Adoption of Resolution No. 010-09, Supporting the 2009-2012 South Kitsap
School Levy Ballot
City Clerk Kirkpatrick presented the staff report, noting that on January 13, 2009, the
Council voiced support of the proposed 2009 South Kitsap School Levy Ballot Measure and
requested staff to prepare a resolution reflecting that action. City Attorney Jacoby advised
there were no noticing requirements and recommended the Mayor adjourn into Public
Hearing to solicit public comments and then reconvene the meeting for Council action.
At 8:09 p.m. Mayor Coppola opened the Public Hearing.
Gil Michael, 228 Seattle Avenue, voiced concern that the public did not receive adequate
notice of this item and encouraged the Council to ensure that in the future staff publish
sufficient notice of its intent to take testimony on levies, which will allow both sides time to
comment on the issue and will assist the Council in making an informed decision.
There being no further testimony, Mayor Coppola closed the Public Hearing at 8:11 p.m.
The Council directed staff to ensure future levy matters are sufficiently noticed in the paper
to allow for public comment prior to the Council taking action.
Councilmember Olin moved and Councilmember Putaansuu seconded the
motion to adopt Resolution No. 010-09, supporting the 2009 South Kitsap
School Levy Ballot scheduled for voter action on February 3, 2009. Upon vote,
the motion passed unanimously.
Discussion: Sale of Right-of-Way
The Council discussed the owners of Hi-Joy Bowl's proposal to purchase a portion of the
City's right-of-way fronting the Bethel roundabout. Council directed staff to determine the
costs to have a certified engineer draw plans for expanding the roundabout to two lanes.
This would show what portion of the right-of-way the City needs to retain for future
expansion and what portion could be sold to the Myers family. Further, the City Attorney
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would continue discussions with the Myers' attorney, Gary Chrey, to settle the easement
issue.
Councilmember Clauson moved and Councilmember Putaansuu seconded the
motion to obtain an engineer's drawing of two lanes at Bethel Roundabout, to
determine if a portion of that right-of-way can be disposed of; and to seek
reimbursement for the engineer's drawing as part of the sales price for unused
portion of right-of-way that the City no longer has a need for. Upon vote, the
motion passed with six affirmative votes and one dissenting vote.
Councilmember Chang cast the dissenting vote.
Discussion: School District Retention Pond in McCormick Woods
Councilmember Putaansuu explained that in order for the South Kitsap School District to
sign the McCormick Woods Annexation Petition, they are requesting an agreement ·with the
City stating the South Kitsap School District would be exempt from the stormwater fees,
similar to the agreement currently in force with the County. After a brief discussion, the
Council determined this matter would be further discussed at the next work study session.
CITIZENS COMMENTS
Gerry Harmon, 906 Kitsap Street, voiced concern that the Council has not been transparent
in allowing its citizens a voice regarding the parking garage.
Mary Peterson, 11161 SE Bear Rd, encouraged the Council to be more transparent in seeking
public input on issues affecting property owners, specifically the parking garage.
COMMITTEE REPORTS
Councilmember Putaansuu announced the Utility Committee will meet on Thursday,
January 29, 2009, at 7:30 a.m. at Myhre's Restaurant.
Councilmember Childs announced there would be a South Kitsap Helpline fundraiser at Hi-
Joy Bowl on February 7, 2009, and encouraged the Council and staffs participation, as this
would help support the community.
Councilmember Powers provided an update on the Puget Sound Regional Council (PSRC)
on the Transportation issue and that the Board voted to send it forward to the next level;
however, she did not vote on the matter as Poulsbo and Bainbridge Island did not provide
her with their position prior to the meeting.
MAYOR'S REPORT
Mayor Coppola was in Olympia this week testifying on tourism and the ferry issues. He will
meet ,-vith the Farmers Market Board Members regarding ways to expand the market into a
year-round venue in the downtown area.
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REPORT OF DEPARTMENT HEADS
Public Works Director Dorsey provided an update on the Seawall project, noting the Kitsap
Regional Coordinating Council will be voting on whether to transfer the funds from the Port
Orchard Blvd sidewalk project to the Seawall project; reminded the Council that Berger
Abam will be presenting to the Council at the February 17, 2009, Work Study Session; and
that the Storm water Utility Management Plan is almost complete.
City Clerk Kirkpatrick reported the Branding Committee sent out a Positioning Statement
and encouraged the Council to contact her with any comments; and that the Shop South
Kitsap First Committee will be kicking off their program in May during the Seaguil Calling
Festival. After a brief discussion, the Council remanded this issue to the Tourism
Committee for follow up and discussion.
ADJOURNMENT
At 9:55 p.m. Mayor Coppola adjourned the meeting .
.. ~1 C -u · ,v,_J--
Patricia J. Ki zpatrick, City Clerk