01/22/2001 - Regular - MinutesPort Orchard, Washington
January 22, 2001
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall Council Chambers, 21 q Prospect Street. Council members present: Clauson,
Wyatt, Morrison, Geiger, Powers, Van Zee, and Stansbery. Staff present: Police Chief Townsend, City
Planner Wenman, Engineer Curies, City Attorney Combs, and City Clerk Parks.
Councilman Morrison led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was
received at this time.
Police Chief Townsend presented certificates or plaques acknowledging "years of service" to the City and
Police Department honoring the following Police Department employees: Officer Jason Glantz (5 yrs.),
Sergeant Dennis McCarthy (1 0 yrs.), Records Management Specialist Margie Fenton-Rolfs (15 yrs.),
Officer Dale Schuster (15 yrs.), Officer Jerry Jensen (20 yrs.), Officer Ron Patterson (20 yrs. with Police
Department and 27 yrs. with the City). On behalf of the Council and citizens of Port Orchard, Mayor
Weatherill thanked these employees for their many years of dedication and their long hours given
providing a vital service to Port Orchard citizens.
Mayor Weatherill introduced Agenda Item 3b -7:35 PM Public Hearing(s) regarding requests submitted
by Charles Childress to establish three (3) Developer Extension Agreements (DEA) which are associated
with Flower Meadows Subdivision. If approved, the Agreements would facilitate reimbursements to the
developer for infrastructure installation costs.
Engineer Curies clarified DEA procedures require the City to hold public hearings on the improvement
and equitable pro-ration of the cost of the improvements. In this situation, there will be three public
hearings to address the Sanitary Sewer Pump Station and Force Main, Road B, and Road D, which serve
Flower Meadows development and neighboring properties.
Mayor Weatherill opened Public Hearing on request submitted by Charles Childress to establish a
Developers Extension Agreement to provide a mechanism for reimbursement of the Sanitary Sewer
Pump Station and Force Main costs.
Engineer Curies gave staff report outlining subdivision requirement to construct a sewer pump station (to
the City's standards} and pump the wastewater to the manhole at the intersection of Fireweed Road and
Sidney Avenue. The developer has estimated his cost to be $226,630.73, including sales tax and
contingencies. The subdivision required the pump station be capable of serving the neighborhood
between Flower Meadows and Sidney Avenue, in addition to the new 63 residential lots within the
Subdivision. The developer has requested that reimbursements be based on a '"'dwelling unit" basis
instead of the usual zone and termini method.
Mayor Weatherill called for public input on the proposed DEA for the Sanitary Sewer Pump Station and
Force Main.
Mark Kuhlman, Team 4 Engineering, representing Mr. Childress, reviewed the various methods of
financing infrastructure projects and outlined situations where a property owner would be required to
connect to the sewer system. He also reviewed the proposed reimbursement rate criteria. (1) He agreed
that the City decides on the total amount for reimbursement. (2) Mr. Kuhlman suggested the total
allowable costs be divided by 150 dwelling units instead of the proposed 220 dwelling units. (3) He
agreed that the dwelling units in Flower Meadows should be exempt from this DEA because the
developer can recover the sanitary sewer cost in either the sale of the lot or sale of the home on that lot.
(4) Mr. Kuhlman proposed the City prepare a DEA with the developer to reimburse him on a pro-rata
share for the first 87 dwelling units (instead of the proposed 157) within the delayed benefit area that
connect to the sewer pump station or force main. (5) He agreed that the duration of the contract should
be 15 years.
January 22, 2001
Page 2 of4
Kim Abel, 338 Goldenrod supported establishing the build out capacity for connections to the subject
sanitary sewer pump station and force main be set at 220 dwelling units.
Mayor Weatherill called for additional public input. As no further comments were received, Mayor Weatherill
closed the public input portion of the Public Hearing and referred this matter to Council for their consideration.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized a Developer
Extension Agreement between the City and Charles Childress to allow pro-rated reimbursements of the cost
of installing the Sanitary Sewer Pump Station and Force Main. The Agreement will be for a 15-year period
based upon 150 dwelling units. Final cost per dwelling unit will be established after cost of construction is
known.
Mayor Weatherill called for 1 0-minute recess at 8:27 PM and reconvened Council back into regular session
at 8:40PM.
Mayor Weatherill opened Public Hearing on request submitted by Charles Childress to establish a
Developers Extension Agreement to provide a mechanism for reimbursement of the cost to install Road 8
within Flower Meadows Subdivision.
Engineer Curies gave staff report stating Road 8 is the public road on the east end of Flower Meadows
which runs parallel to West Avenue. Road 8 abuts under-developed property adjacent to Flower
Meadows and could be used to access this property instead of West Avenue. The developer has
estimated the cost of developing Road 8 to be a total of $111,604.30, including sales tax and
contingencies.
Mayor Weatherill called for public input on the proposed DEA for Road 8 (Flower Meadows Subdivision).
Mark Kuhlman, Team 4 Engineering, proposed using zone and termini method of setting reimbursement
rates for the Developer Extension Agreements for the roads. Mr. Kuhlman reviewed proposed criteria for
this DEA. (1) Agreed the City decides on the total amount for reimbursement. (2) The total amount be
divided by 100 potential dwelling units (Mr. Kuhlman noted property owners would only have to pay if and
when they connected to the road, water main, or sanitary sewer lying within the road. (3) Agreed that it
would be appropriate for dwelling units in Flower Meadows Subdivision be exempted from this DEA (the
developer can recover Road 8 costs in either the sale of the lot or the sale of the home on that lot). (4)
Concurred that the City would prepare a DEA with the developer to reimburse him a pro-rata share for the
first 37 dwelling units within the delayed benefit area which access Road B. (5) Agreed the duration of
the contract should be 15 years.
Jacob Sanford, adjacent property owner, asked if a property owner connected to the sewer main would
they have to pay for a pro-rated amount for both sewer and road costs.
Kim Abel, 338 Goldenrod questioned why landscaping costs are included in the road improvement cost.
Council confirmed that landscaping requirements are included in the City's Road Standards.
City Attorney Combs advised Mayor and Council that the cost of installation of the water main and
sanitary sewer mains can not legally be included in a Road Improvement Developer's Extension
Agreement. RCW 35.72 limits a DEA for roads to road improvements only, and only allows
reimbursement from properties that actually touch the road improvement.
Councilman Clauson questioned, if cost of water and sewer mains can not be included in "road
improvement" costs, is the cost estimate which was presented with application materials an accurate
number for discussion.
Mayor Weatherill called for additional input on the proposed Developers Extension Agreement. As no
response was received from those present Mayor Weatherill closed the public input portion of this Public
Hearing and referred matter to City Council for their consideration.
January 22, 2001
Page 3 of 4
By consensus, City Council members continued their consideration on the request for a Developers
Extension Agreement for Road B to their March 12, 2001 meeting. This will provide an opportunity for
city staff and the developer to review what are the allowable expenses and which properties can be
included in the proposed Developers Extension Agreement for Road B.
Mayor Weatherill opened Public Hearing on request submitted by Charles Childress to establish a
Developers Extension Agreement, which would provide a mechanism for cost reimbursement for Flower
Meadows Subdivision Road D.
Engineer Curies gave staff report stating Road D is the public road on the north end of Flower Meadows
which runs parallel to Goldenrod Street and observed that Road D includes the same issues that are in
question for Road B.
Mayor Weatherill called for public input on the proposed DEA for Road D (Flower Meadows Subdivision).
Mark Kuhlman suggested the sanitary sewer and water main costs from the road improvement.
Mayor Weatherill called for additional input on the proposed Developers Extension Agreement for Road
D. As no response was received from those present, Mayor Weatherill closed the public input portion of
the Public Hearing and referred this matter to City Council for their consideration.
By consensus, City Council members continued their consideration on the request for a Developers
Extension Agreement for Road D to their March 12, 2001 meeting. This will provide an opportunity for
city staff and the developers to review what are the allowable expenses and which properties can be
included in the proposed Developers Extension Agreement for Road D.
On motion by Councilman Stansbery, seconded by Councilman Van Zee, Council unanimously confirmed
Mayor Weatherill's appointment of Brad Lambert to the Planning Commission to fill vacancy created by
resignation of Todd Cramer.
On motion by Councilman Clauson, seconded by Councilman Morrison Council approved the consent
agenda as follows:
a. Minutes of the January 8, 2001 City Council meeting (not including portion of meeting
continued to January 17, 2001)
b. Claim warrant numbers 34307-34367 in the amount of $267,540.97.
On motion by Councilman Stansbery, seconded Councilmembers Van Zee and Wyatt, Council approved
Resolution No. 1923 relating to and authorizing participation in the Police Corps Program.
Councilman Stansbery presented motion to authorize the Mayor and/or Civil Service Commission to sign
contract with Walters Consulting for Public Safety Testing for a three year period. Annual subscription
rates for 2002 and 2003 are to be determined by the number of full time employees in the position for
which testing services are being utilized, multiplied by $30, motion seconded by Councilman Van Zee and
approved by unanimous vote.
Councilman Van Zee, Growth Management Committee Chair, reported on their meeting with Mr. William
Nogle of Kitsap County concerning the County's request to utilize their property located at 706 Taylor for
temporary parking during jail facilities construction.
**Councilmen Stansbery and Morrison spoke against the Growth Management Committee's
recommendation to issue Kitsap County a Temporary Use Permit which would permit temporary parking
at 706 Taylor Street during the jail construction project. **Correction made at the 2112100 Council
meeting.
January 22, 2001
Page 4 of 4
Councilman Van Zee moved to authorize issuance of a Temporary Use Permit to Kitsap County allowing
storage of construction materials and parking at 706 Taylor Street with the following conditions:
1 . The lot will be secured ~ a chain link fence, which is slatted to minimize the visual impact to the
neighbors. For security purposes, the Taylor Street side of the fence is not required to be slatted.
2. Any security lighting will be set in such a manner that it minimizes glare on to adjacent residential
properties.
3. The area will not be paved or landscaped. o S-:-('i!Jrl) r \AtlfY\
4. The property will be returned to a residential lot within 30 days"& the jail expansion contract or
cessation of work.
5. The area will be used only during periods of active construction.
6. The County agrees that this property will not be converted to a parking lot without being in full
compliance with the City Zoning Ordinance.
Motion to authorize issuance of a Temporary Use Permit to Kitsap County allowing a temporary parking
lot at 706 Taylor Street, with six conditions was seconded by Councilwoman Powers and approved with
fi¥e four ayes and two nos. Councilmembers Clauson, Wyatt, Powers, Stansbery, and Van Zee voting in
the affirmative. **Corrections made at the 2112/01 Council meeting.
Police Chief Townsend reported the City's newest Police Officer Erik Wofford will graduate from the
Criminal Justice Training Center on Wednesday, January 24, 2001.
City Planner Wenman asked for clarification on a code enforcement issue concerning the following
signage in the right-of-way. The Street Committee met with the property owner Ron Rice (Briarkirk and
Howling Wolf Amphitheater) relative to a sign that was installed in the Sedgwick Road right-of-way without
a permit or prior approval. After meeting with Mr. Rice the Street Committee confirmed the sign must be
removed. The Planner requested clarification of whether the sign can remain during a permit application
process or must it be removed immediately. Councilmembers confirmed the signage must be removed
immediately because it was erected illegally without a permit and without approval.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council accepted proposals for
Sewer Main Repairs Project, and authorized the City Engineer to proceed with this project with C-More
Pipe Services, which includes grouting of mains and manhole in the amount of $9,810 and slip line of 370
feet of sewer mains in the amount of $26,480.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized Mayor
Weatherill to sign Change Order #2 Public Works Facility site prep and remainder of work for a cost of
$6,872.
Attorney Combs reported the Court personnel collective bargaining agreement is the only negotiation
remaining open. Bargaining for that contract is on hold pending the outcome of the salary survey, which
is scheduled to be completed in late March. The attorney stated he has received a letter from the union
business representative asking Council to allow, at a minimum, court personnel to receive the same
COLA adjustment that other non-represented employees have received, with adjustment going into effect
immediately. Council requested to discuss this matter in executive session
At 10:15 pm Mayor Weatherill adjourned Council into executive session for approximately 15 minutes to
discuss pending labor negotiations.
Mayor reconvened council into regular session and adjourned meeting at 10:30 PM.
LESLIE J. WEATHERILL, MAYOR