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03/10/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 10, 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, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Cindy Lucarelli led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Ron Bates, 204 Rockwell Avenue, voiced concern with the new storm water fee of $7 per month and requested his two properties be exempt; and commented on the growing drug problem in the City. APPROVAL OF AGENDA Councilmember Clauson moved and Councilmember Colebank seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. APPROVALOFCONSENTAGENDA Comicilmcmber Putaansuu moved and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants #51304 through #51393 in the amount of $210,961.94; February Payroll Warrants #142142 through #142203 in the amount of $441,808.57; and Treasurer's check book in the amount of $1,343,655-42. B. Approval of the February 17, 2009, Work Study Session Meeting Minutes C. Approval of the February 20, 2009, Retreat Work Study Session Meeting Minutes D. Approval of the February 24, 2009, Council Meeting Minutes E. Adoption of Resolution No. 019-09, Regarding Surplus of Police Vehicles PRESENTATION Proclamation: Municipal Clerks Weck Mayor Coppola presented the Proclamation to Deputy City Clerk Rinearson. Ms. Rinearson thanked the Council for their continued support. PUBLIC HEARINGS Closed Record Public Hearing: Regarding Poplar Heights Birthing Center Rezone R- 1172 City Attorney Jacoby presented the staff report, noting the applicant requested a change in zoning designations from R4.5 to R20. City Code authorizes the Hearing Examiner to hold an open record hearing on rezone requests that are not part of the Comprehensive Plan Amendment Process. The City Council's decision must be based solely on the record that was created during the proceedings before the Hearing Examiner. City Attorney Jacoby advised that the public may speak, but the Council and members of the audience must rely on the record of the Hearing Examiner as no new evidence can be introduced. Mayor Coppola opened the closed record Public Hearing, and there being no testimony, closed the Public Hearing at 7:10 p.m. Public Hearing: Regarding Annexation of Washburn, Grant. and Crothers Property Development Director Weaver presented the staff report, noting three property owners submitted a Petition for Annexation on September 16, 2008, to annex four parcels which total approximately 11.25 acres located southwest of the intersection of Sedgwick Road and Glenwood Road. The owners intend to extend additional residential uses on their parcels and are requesting to be annexed with the City comprehensive plan designation of Residential: Medium Density and a zoning designation of RS single family detached/attached as interim zoning and land use pending 2010 Comprehensive Plan amendments. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:13 p.m. Public Hearing: Regarding Annexation of Geiger Road Development Director Weaver presented the staff report, noting the two property owners submitted a Petition for Annexation to annex three parcels which total approximately 33.18 acres, and the associated right-of-ways, located in the vicinity of the intersection of Sedgwick Road and State Route 16. The owners intend to extend residential uses on their parcels and are requesting to be annexed with the City comprehensive plan designation Residential: High DensihJ and a zoning designation of R20 single/multiple family detached/attached as interim zoning and land use pending 2010 Comprehensive Plan amendments. Mayor Coppola opened the Public Hearing at 7:16 p.m.; and continued the Public Hearing to the March 24, 2009, Council meeting. NEW BUSINESS Adoption of Ordinance No. 006-09. Approving the Poplar Heights Birthing Center Rezone R-1172 City Attorney Jacoby presented the staff report, noting a closed record Public Hearing was conducted earlier in the evening to discuss the requested rezone of the subject property from Residential 4.5 (R4.5 Zoning) to Residential R20. The Settlement Agreement was submitted on February 19, 2009, and consists of the rezone application originally submitted on August 1, 2008. This Ordinance is being considered in partial fulfillment of the City's obligations pursuant to the terms of a settlement agreement between the applicant and the City. Staff recommends adopting the Hearing Examiners' recommendation under Resolution No. 006-09. Councilmember Olin moved and Councilmember Colebank seconded the motion to adopt Ordinance No.006-09, approving the request to rezone the property located at 215 Poplar Street, Port Orchard from R4.5 to R20. Upon vote, the motion passed unanimously. Minutes of March 10, 2009 Pae of Adoption of Ordinance No. 007-09. Approving Annexation of Washburn, Grant. and Crothers Property Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier in the evening regarding the annexation of four parcels, which total approximately 11.25 acres, located southwest of the intersection of Sedgwick Road and Glenwood Road. With approval of this annexation, these properties will have an interim City Comprehensive Plan Designation of Residential: Medium Density and a zoning designation of RS single family detached/attached. Councilmember Clauson moved and Councilmember Childs seconded the motion to adopt Ordinance No. 007-09, approving the Washburn, Grant, and Crothers annexation request of four parcels that total approximately 11.25 acres and the associated public right-of-way. As provided in the annexation petition, 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 effect date of this annexation. Upon vote, the motion passed unanimously. Letter to South Kitsap School District RE: McCormick Woods Development Agreement Development Director Weaver presented the staff report, noting the South Kitsap School District has asked the City to provide written assurances that if the McCormick Woods annexation is approved; the City will abide by the terms of the existing development agreements that relate to the School District and storm water and transportation issues. It is contemplated that if the annexation is successful a formal agreement will be drafted at a later date. Staff recommends authorizing the Mayor to sign the McCormick Woods' letter. Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to authorize the Mayor to sign the letter to the South Kitsap School District regarding the McCormick Woods development agreements. Upon vote, the motion passed with five affi1W1ative votes and two dissenting votes. Councilmembe,• Chang and Councilmembe1· Colebank cast the two dissenting votes. In response to Councilmember Olin, City Attorney Jacoby explained that he was verifying whether or not the School District can sign the petition for annexation based upon current State statutes, which are ambiguous in this matter. Dick Davis, McCormick Woods Annexation Committee Chair announced that the total assessed valuation collected at the time of this meeting was 77.6%, which put them over what was required by State statute. CITIZENS COMMENTS Ron Bates urged the Council to not charge its citizens for storm drainage. Public Works Director Dorsey explained that this is a Federal mandated program that the City must comply with. Minutes of March 10, 2009 Pa e of COMMITIEE REPORTS Councilmember Childs announced the Tourism Committee will meet on Wednesday, March 11, 2009, at 2:00 p.m. at City Hall. Councilmember Putaansuu announced the Utility Committee will meet on Wednesday, March 11, 2009, at 7:30 a.m. at Myhre's. Councilmember Clauson informed the Council that the union negotiations were going well. MAYOR'S REPORT Mayor Coppola announced the City has passed its 18th perfect audit; he will be meeting with all department heads to look at reducing the overall budget by five percent; attended a ribbon ceremony for new businesses in the City; and stated the Kitsap County Consolidated Housing Authority is close to a possible financial solution. REPORT OF DEPARTMENT HEADS There were no Department Head reports. EXECUTIVE SESSION At 8:17 p.m. Mayor Coppola recessed the meeting for a twenty-minute executive session regarding potential litigation and real estate issues in accordance with RCW 42.30.110(1)(i)(A)(C). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. ADJOURNMENT At 8:37 p.m. Mayor Coppola adjourned the meeting.