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07/12/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of July 12, 2011 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tern John Clauson and Councilmembers Fred Chang, Jerry Childs, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Assistant Engineer Archer, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Councilmember Putaansuu A. Pledge of Allegiance Amy Miller led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3· APPROVAL OF AGENDA Councilmember Olin MOVED and Councilmember Colebank seconded the motion approving the Agenda. Councilmember Olin MOVED and Councilmember Childs seconded the motion to amend the agenda by removing Public Hearing Item 6A Pre-Annexation Development Agreement with Home Depot, Inc. and Business Item 7C Pre- Annexation Development Agreement with Home Depot, Inc. Upon vote, the motion to amend passed unanimously. Councilmember Putaansuu was absent. Upon vote, the main motion as amended passed unanimously. Councilmember Putaansuu was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 55840 through 55930 in the amount of $240,583.08; June's Payroll Warrant Nos. 143886 through 143945 in the amount of $506,249.33; and Treasurer's check book in the amount of $3,606,615.27 B. Approval of the June 28, 2011, Council Meeting Minutes C. Setting Meeting for Work Study Session to July 19, 2011, at 5:00p.m. at City Hall D. Adoption of Ordinance No. 009-11, Amending Port Orchard Municipal Code Chapter 10.88, Boating Regulations and Ordinance No. 010-11, Amending Port Orchard Municipal Code Chapter 10.12.110, Disabled Parking Regulations Minutes of July 12, 2011 Page 2 ofg Councilmember Colebank MOVED and Councilmember Clauson seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Putaansuu was absent. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Pre-Annexation Development Agreement with Wal-Mart, Inc. Development Director Weaver presented the staff report, noting this Public Hearing is for a Pre-Annexation Development Agreement between Wal-Mart, Inc. and the City of Port Orchard, related to the construction of Wal-Mart's expansion located at 3497 Bethel Road SE, Port Orchard. The City and Wal-Mart desired to enter into a Development Agreement, as authorized by RCW 36.70B.170, which establishes procedures and standards for the review and approval of a vested development approved within Kitsap County. This Agreement is intended to set forth the process for transfer of administration of the approved development standards that apply; the period of time within which the development standards will apply; and the method and manner in which the approved development would be inspected and/ or amendments may be processed. The City attorney drafted and reviewed the developer's agreement and the combined documents are in compliance with the City's Comprehensive Plan, Port Orchard Municipal Code, and all other state and local regulations. Mayor Coppola opened the Public Hearing at 7:05p.m. Courtney Kaylor, Representative of Wal-Mart stores, voiced her support of the Pre- Annexation Development Agreement. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:06p.m. 7· BUSINESS ITEMS A. Approval of the June 21, 2011, Work Study Session Minutes Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to approve the June 21, 2011, Work Study Session minutes. Upon vote, the motion passed unanimously. Councilmember Putaansuu was absent. B. Approval of Contract No. 056-11, Authorizing the Mayor to Execute Agreement for the City's Official Newspaper Publication Services Minutes of July 12, 2011 Page 3 of 9 City Clerk Kirkpatrick presented the staff report, noting at the June 28, 2011, meeting, the Council requested additional information relating to the bids received for the City's Official Newspaper, as follows: 1. Column width. 2. What days are legal notices published. 3. What is the circulation of newspaper within the City limits. 4. Explain the reason for the significant increase in circulation number for the City of Port Orchard in 2010 compared to 2011 by the Kitsap Sun; and 5. Why did the Independent circulation numbers remain the same in 2010 to 2011. The above questions were asked of each of the newspapers and their responses were provided to the Council as part of the packet. Additionally, Councilmember Chang had requested the total cost the City spent in 2010 for display advertising, which was $2,530.28; and there are 3,822 utility customers within the City limits. Councilmember Olin MOVED and Councilmember Chang seconded the motion to approve Contract No. 056-11, designating the Kitsap Sun as the City's Official Newspaper in accordance with Port Orchard Municipal Code Chapter 1.16. Councilmember Childs voiced his opposition, indicating that based on the total number of characters per line, and the amount of circulation for the Independent was higher than Kitsap Sun he felt that was enough reason to support the Port Orchard Independent bid and would vote against the motion. Councilmember Clauson voiced his support of going with the low bidder based on the cost comparison analysis provided by the City Clerk, which showed a substantial savings favorable to the Kitsap Sun. Councilmember Olin voiced his support, noting that state law was very clear in that the Council was obligated to accept the low bid. Councilmember Chang voiced his support for the lowest bidder and questioned the circulation numbers for the Independent, noting the Kitsap Sun has the wider circulation at the lowest cost. In response to Councilmember Powers, City Attorney Jacoby reminded the Council should they not award the contract to the lowest bidder, there must be specific findings of fact and he recommended the findings be stated in the motion. Minutes of July 12, 2011 Page 4 of 9 Upon vote, the motion passed with four affirmative votes and two dissenting votes. Councilmember Childs and Colebank cast the two dissenting votes. Councilmember Putaansuu was absent. C. Approval of Contract No. 058-11, Authorizing the Mayor to Execute Pre- Annexation Development Agreement with Wal-Mart, Inc. Development Director Weaver presented the staff report, noting this business item is for approval of a Pre-Annexation Development Agreement between Wal-Mart and the City of Port Orchard, related to the construction of Wal-Mart expansion located at 3497 Bethel Road SE, Port Orchard. A Public Hearing was heard earlier in the evening on this matter. The City and Wal-Mart desire to enter into a Development Agreement, as authorized by RCW 36.70B.170, which will establish procedures and standards for the review and approval of a vested development approved within Kitsap County. This Agreement is intended to set forth the process for transfer of administration of the approved development standards that apply, the period of time within which the development standards will apply, and the method and manner in which the approved development would be inspected and/ or amendments may be processed. Basically assuring the last 10 years of the permit process with Kitsap County will be unchanged, should they annex into the City. The City attorney drafted and reviewed the developer's agreement and the combined documents are in compliance the City Comprehensive Plan, Port Orchard Municipal Code, and all other state and local regulations. In response to Councilmembers Olin and Chang, Development Director Weaver stated although there are minor differences between the City and Kitsap County's sign codes, Wal- Mart's proposal are in full compliance with the City's Code. He further stated that Wal-Mart contains 7% of the value needed to proceed with the Bethel Annexation which was currently at 36%. Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to approve Contract No. 058-11, authorizing the Mayor to execute Pre- Annexation Development Agreement with Wal-Mart, Inc. in a form reviewed and approved by the City Attorney. Upon vote, the motion passed unanimously. Councilmember Putaansuu was absent. D. Approval of Contract No. 059-11, Authorizing the Mayor to Execute Notice of Intent to Reapply for NPDES Municipal Stormwater General Permit with the Department of Ecology Assistant City Engineer Archer presented the staff report, noting the City currently operates under a Western Washington Phase II Municipal National Pollutant Discharge Elimination System (NPDES) Permit which was issued in January 2007. This permit will expire in February 2012, but a recent House Bill that passed through the legislature has extended Minutes of July 12, 2011 Page 5 of 9 this permit expiration to August 2013. With the extension from the House Bill the current deadlines that Staff must meet did not change, so the City is required under the NPDES Permit to submit an application to reapply for renewal of the NPDES Permit. Ecology has elected to use a Notice of Intent form as their application for renewal to simplify the process for jurisdictions. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to approve Contract No. 059-11, authorizing the Mayor to execute Duty to Reapply -Notice of Intent for coverage under a National Pollutant Discharge Elimination System Municipal Stormwater General Permit with the Department of Ecology. Upon vote, the motion passed unanimously. Councilmember Putaansuu was absent. E. Meeting with Initiating Parties Regarding Notice of Intent to Petition for McCormick West Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on June 1, 2011, to annex thirteen parcels (Tax Parcel Nos. o82301-1-010-2006, 082301-1-013-2003, 082301-2-003-2003, o82301-2-002-2004, 082301-1-014-2002, 172301-2-004-2001, 172301-2-005-2000, 172301-3-004-2009, 172301-2-007-2008, 172301-2-006-2009, 172301-2-003-2002, 172301-2-002-2003, and 082301-2-004-2002) totaling approximately 604.13 acres, located south of SW Old Clifton Road, and west of McCormick Woods Drive SW, in that portion of Sections o8 & 17, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. The parcels are designated Urban Low- Density Residential and Urban Medium/High-Density Residential in the County's Comprehensive Plan with zoning designations of Urban Medium Residential and Urban Cluster Residential. All of the land is classified as Undeveloped Land, except for Parcel No. o82301-2-004-2002, which contains a church at 4100 SW Old Clifton Road. The parcels house the City's McCormick Woods Reservoir, and provide existing and future capital facility services to the City. In 2010, these parcels were brought into the Port Orchard Urban Growth Area with a Public Facility Comprehensive Plan designation, and Urban Low Residential zoning. It is the intent of the City to incorporate the parcels within the City boundaries; this could be accomplished by expanding the proposed McCormick West annexation to include these two parcels. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. In response to Councilmember Chang, Development Director Weaver stated the McCormick West is comparable to The Ridge; the property was proposed to add 1,500 units, which has already been pre-approved through Kitsap County; and the property has Minutes of July 12, 2011 Page 6 of 9 no proposed commercial use, but has significant trails running throughout the property, which are part of the pre-paid park fees received from Kitsap County. Development Director Weaver further stated there were multiple ingress/egress to this property; and the nearby Fire Station will allow for flexibility of the development regarding entrances. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to allow the applicant to circulate a petition for annexation of the property depicted in the "Recommended Annexation Proposal" map, which includes the two City parcels 072301-1-oo6-2003 and o82301-2-001-2005, and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Upon vote, the motion passed unanimously. Councilmember Putaansuu was absent. F. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Bethel South Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on June o8, 2011, to annex twenty-five parcels (Tax Parcel Nos. 112301-1-006-2007, 112301-1-030-2007, 112301-1-010-2001, 112301-1-008- 2005, 112301-1-007-2006, 112301-1-005-2008, 112301-1-036-2001, 112301-1-038-2009, 112301-1-004-2009, 122301-2-036-2008, 122302-038-2006, 122301-2-046-2006, 122301- 2-047-2005, 112301-1-032-2005, 122301-2-o68-2009, 112301-1-037-2ooo, 122301-2-o85- 2oo8, 112301-1-012-2009, 112301-1-009-2004, 112301-1-034-2003, 122301-2-033-2001, 122301-2-034-2000, 122301-2-032-2002, 122301-2-035-2108, 122301-2-035-2009) totaling approximately 66.16 acres, located south of SE Sedgwick Road, North of SE Ives Mill Road and Martell Mobile MNR and generally east of Ferate Avenue SE, in that portion of Sections 11 & 12, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. The annexation area has an Urban High-Intensity Mixed Use/ Commercial designation in the County's Comprehensive Plan with zoning designations of Highway Tourist Commercial and Mixed Use. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. Councilmember Powers MOVED and Councilmember Olin seconded the motion to allow the applicant to circulate a petition for annexation of the properties depicted in the "Bethel South Annexation Proposal" map and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to Minutes of July 12, 2011 Page 70f9 be annexed. Upon vote, the motion passed unanimously. Councilmember Putaansuu was absent. 8. COMMITTEE REPORTS In response to Councilmember Chang, City Clerk Kirkpatrick provided a brief explanation regarding a South Kitsap Group meeting held a couple of weeks ago. She noted that the Kitsap Peninsula Visitor and Convention Bureau (VCB) held a Round Table discussion in late April. At the request of the VCB, each jurisdiction was invited to select participants that best represented the tourism industry within their areas. At the conclusion of that Round Table, the VCB determined that additional information was needed by these regional groups to help facilitate the next Round Table meeting being held in September, and requested each of the regions meet to complete a questionnaire relating to local tourism as well as regionally. At the request of the Mayor, the City Clerk scheduled a meeting with the representatives for South Kitsap and the City of Port Orchard. As a result of that meeting, each attendee would complete the questionnaire, which would be reviewed at another meeting, whose date was not yet scheduled. Councilmember Powers reported she would attend the Kitsap Regional Coordination Council Transportation Policy Board meeting; and attended the South Kitsap Helpline Celebration with a tour of their facility, attended the Chamber of Commerce's Legislative Forum; and attended the Rings N Things Grand Re-Opening. Councilmember Childs reported the Economic Development Tourism Committee will meet on Wednesday, July 13, 2011 at 5:30p.m. at City Hall. Councilmember Colebank reported he would attend the Kitsap Regional Coordination Council Transportation Policy Board meeting with Councilmember Powers; would attend the Puget Sound Regional Council Transportation Policy Board meeting; attended the South Kitsap Skateboard Park Association Celebration, as they were awarded $75,000; and attended Larry Curles' Retirement Party from West Sound Utility District. Councilmember Olin reported the Public Property meeting for Tuesday, July 12, 2011, was cancelled due to the fire at Myhre's. The Committee would be bringing recommendations of park improvements to the Tuesday, July 19, 2011, Work Study Session as it related to the budget discussion and noted a budget amendment may be needed. Councilmember Clauson reported the Finance Committee would like to begin holding their meetings at MoonDogs and requested the City Clerk to set up an account for these meetings, noting the next Committee meeting will be held on June 28, 2011, at 7:30 a.m. at MoonDogs. Minutes of July 12, 2011 Page 8 ofg 9· MAYOR'S REPORT The Mayor Coppola reported on the following: • Met with John Ready with the Port Orchard Bay Street Association; • Participated in a teleconference with the lobbyist regarding PFD legislation and the City's 2012legislative agenda; • Attended the Kitsap Economic Development Alliance Executive Director screening; • Attended retirement celebration of Larry Curles; • Did a ribbon cutting for a new business -Little Caesars Pizza; • Participated in the Housing Authority Board meeting via telephone; • Met with owners of Dippity Donuts & Espresso to help resolve differences they are having with West Sound Utilities District; • Attended the Kitsap Regional Coordinating Council Executive Committee meeting regarding the County-wide Planning Policies; • Attended the celebration of the South Kitsap Skateboard Park Association who received grant funding; • Attended the South Kitsap Helpline ribbon cutting; • Attended the Port Orchard Chamber of Commerce's legislative update; • Met with Rodney Wendt with Washington Economic Development Finance Authority regarding financing options of the YMCA in Port Orchard; • Met with Mayor Erickson and the Kitsap Visitors Convention Bureau regarding some concerns; • Met with group of business wanting to further develop economic development within South Kitsap; • Met with Chuck Childress regarding property issues/concerns; • Attended the ribbon cutting celebration of the re-opening of Rings N Things; • Participated in the Kitsap Regional Coordinating Council conference call; • Met with lobbyist, County's PFD representative, and the City Clerk regarding proposed changes to the legislation; • Met with City Treasurer Martin regarding putting together a schedule for the budget; and • Planned to greet the Microsoft employees who chose Port Orchard to celebrate their employee appreciation day. to. REPORT OF DEPARTMENT DIRECTORS Development Director Weaver provided an update indicating the Blackjack Creek Trail project is moving forward with the most recent aspect of contracting for the Cultural Resources Survey, which is the last process before starting the permitting with the intent of starting construction by the end of September; compiled two grant applications for State Parks Grant; one is for Phase I of the McCormick Village Park in the amount of $soo,ooo; Minutes of July 12, 2011 Page 9 of9 and the other was for Phase I of the Bay Street Pedestrian Trail project in the amount of $soo,ooo; and advised that Myhre's has been deemed unsafe by the City's inspector until the Structural Engineer and Insurance Inspector have inspected the building. City Attorney Jacoby reported Assistance City Attorney Forbes will be attending the July 19, 2011, Work Study Session, as he will be out of town . 11. CITIZENS COMMENTS There were no citizen comments. 12. EXECUTIVE SESSION At 8:13 p.m. Mayor Coppola recessed the meeting for a 37-minute executive session regarding potential litigation and acquisition of real estate in accordance with RCW 42.3o.uo(B). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:so p.m. Mayor reconvened Council back into regular session. 13. ADJOURNMENT At 8:so p.m. Ma)jor Coppola adjourned the meeting.