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11/22/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 22, 2011 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7=00 p.m. Mayor Pro-Tem John Clauson and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Jim Colebank, and Fred Olin were present and constituted a quorum. City Clerk Kirkpatrick, Police Commander Marti, Public Works Director Dorsey, City Treasurer Martin, Development Director Weaver, Deputy City Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Councilmember Powers A. Pledge of Allegiance Boy Scout Troop Nos. 1529 and 1525 led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Amy Miller stated it was important that the public be made aware of the importance for having a Parks Commission, noting the City was growing and some real progress had been made in the past year, and the City needed to keep that momentum moving forward by having a dedicated team of peopling looking after City parks full-time. 3· APPROVAL OF AGENDA Councilmember Colebank MOVED and Councilmember Clauson seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmember Powers was excused. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrant Nos. 56627 through 56683 m the amount of $269,386-49 B. Approval of the November 8, 2011, Council Meeting Minutes C. Adoption of Resolution No. 039-11, Declaring Cettain Personal Property as Surplus and Authorizing the Disposition of a Vehicle D. Adoption of Resolution No. 040-11, Declaring Certain Personal Property as Surplus and Authorizing the Disposition of Firearms E. Approval of Contract No. 012-12, Authorizing the Mayor to Execute a 2012 Parks Maintenance Services Agreement with Progressive Landscape, LLC Minutes of November 22, 2011 Pa e 2 of 8 Councilmember Childs MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Powers was excused. 5· PRESENTATION A. South Kitsap Water Reclamation Facility's Proposed 2012 Budget Michael Wilson, General Manager of West Sound Utility District (WSUD) presented their proposed 2012 Annual Budget to the City Council, highlighting their new format; goals and priorities; 2012 objectives; personnel/staffing; operating, capital improvements, and equipment repair and replacement funds. 6. PUBLIC HEARING A. 2012 Proposed Budget City Treasurer Martin presented the staff repott, noting a Public Hearing on the proposed 2012 Budget was required on or before the first Monday of December. This hearing allowed the Council to take public input, consider public comment, and to make any changes as indicated by the majority of the Council. Mayor Coppola opened the Pnblic Hearing at 7:28p.m. In response to Gil Michael, City Treasurer Martin stated the proposed water rate increase had not been included in the proposed 2012 Budget. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:30 p.m. B. Annexation of McCormick West; File No. A-29-11 Development Director Weaver presented the staff repott, noting Doug Skrobut, authorized agent for McCormick Land Company, submitted a Petition for Annexation to annex fifteen parcels totaling approximately 619-49 acres into the City of Port Orchard. The parcels are located in the vicinity of the intersection of SW Old Clifton Road and SW Feigley Road, south of SW Old Clifton Road, and west of McCormick Woods Drive SW, in that portion of Sections 07, 08 & 17, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The Notice of Intent to Petition for Annexation was submitted on June 01, 2011, and reviewed by the Port Orchard City Council at a regularly scheduled meeting held on July 12, 2011. The Council voted to accept the Notice of Intent, geographically modifying the proposal to include two City parcels, and directed the applicant to proceed with the Petition request. The complete Petition for Annexation was submitted September 6, 2011. Minutes of November 22, 2011 Pa e 3 of 8 The majority of 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. 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. The City of Port Orchard's two parcels, totaling approximately 15.36 acres, were brought into the Port Orchard Urban Growth Area in 2010 with a Public Facility Comprehensive Plan designation, and Urban Low Residential zoning. In 2008, Kitsap County Hearing Examiner approved a preliminary plat to subdivide the property into approximately 1,432 single family residences plus a 25+ /- acre tract reserved for later development. The County zoning of Urban Cluster Residential accommodates 4 - 9 dufac. In order to proceed with the approved plat, the applicant has requested a Comprehensive Plan designation of Residential: Medium Density, vvith R-8 zonmg. Mayor Coppola opened the Public Hearing at 7:35 p.m. Gil Michael voiced his support of conscientious growth and encouraged the Council to consider the Planning Commission's recommendation regarding zoning to be Residential 4.5 units/acre; and should the Council not approve of the requested zoning; then to remand back to the Planning Commission for further study. Doug Skroubt clarified his reason for requesting Residential: Medium Density, with R-8 zoning was to ensure future development was consistent with the previous annexation request and that of Kitsap County's consultants. Tim Matthes, Chairman of the Planning Commission, noted that adjoining prope1ty owners were not notified of the City's rezone as it was being done through annexation and he supported the City allowing the adjoining prope1ty owners an opp01tunity to review the annexation and potential rezones prior to Council approval. There being no further testimony, Mayor Coppola closed the Public Hearing at ?:50 p.m. C. Annexation of Bethel Corridor North; File No. A-26-11 Development Director Weaver presented the staff rep01t, noting on August 18, 2011, the City received a Petition to annex 462 parcels totaling approximately 569.36 acres. The parcels are located in the vicinity between Sedgwick Road and SE Shelton Lane, from the current corporate limits near Blackjack Creek to approximately 1,300 feet east of Bethel Road. The 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. The parcels are designated Urban Low-Density Residential, Urban Medium-Density Residential, and Commercial in the County's Comprehensive Plan, with zoning designations of Urban Restricted (1-5 dufac), Urban Low Residential (4-9 dufac), Urban Medium Residential (10- 18 dufac), and Highway/Tourist Commercial (10-30 dufac). Minutes of November 22, 2011 Pa e 4 of 8 The Planning Department brought the petition for annexation to the Planning Commission on October 17, 2011, with a recommendation of approval of the Bethel Corridor North Petition for Annexation, with a Comprehensive Plan designation of Greenbelt, Residential: Low Density R-4.5, Residential: Medium Density R-12 and Commercial Retail zoning. Additionally, Tax Parcel No's 022301-4-002-2006, 022301-4-003-2005, 022301-4-106- 2001, and 022301-4-107-2000 would obtain an interim Comprehensive Plan Designation of Residential: High Density R-20, to become effective upon annexation. The Pmt Orchard Planning Commission reviewed the Annexation request at their October 17, 2011, meeting and approved Planning Commission Resolution No. 006-11, as amended recommending approval of the petition for annexation, not including within the Resolution No 006-11, a Comprehensive Plan Designation of Residential: High Density and a Zoning Designation of R-20 for Tax Parcel No's 022301-4-002-2006, 022301-4-003-2005, 022301-4-106-2001, and 022301-4-107-2000. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:54p.m. D. Pre-Annexation Development Agreement with Gem 1, LLC Development Director Weaver presented the staff report, noting this Public Hearing was for a pre-annexation Development Agreement between GEM 1, LLC and the City of Port Orchard, related to the McCormick West annexation. The City and GEM 1, LLC desired to enter into a Development Agreement, as authorized by RCW 36.7oB.170, which would establish procedures and standards for the review and approval of a vested development approved within Kitsap County. The agreement sets fmth 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 the City's Comprehensive Plan and applicable Port Orchard Municipal Code and all other state and local regulations. Mayor Coppola opened the Public Hearing at 7:56p.m. Doug Skroubt thanked the Council and staff for working through this process. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:57p.m. 7· BUSINESS ITEMS A. Adoption of Ordinance No. 018-11, Approving the Annexation Request for McCormick West; File No. A-29-11 Minutes of November 22, 2011 Pa e 5 of 8 Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening regarding City Council Ordinance No. 018-11, for the annexation annex fifteen parcels totaling approximately 619-49 acres into the City. The parcels are located in the vicinity of the intersection of SW Old Clifton Road and SW Feigley Road, south of SW Old Clifton Road, and west of McCormick Woods Drive SW, in that portion of Sections 07, o8 & 17, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. 018-11, approving the McCormick West annexation request of fifteen parcels that total approximately 619.49 acres having an interim Comprehensive Plan designation of Residential: Medium Density and an interim Zoning designation of Residential: 8 Units/Useable Acre, and an interim City of Port Orchard Comprehensive Plan designation of Public and Community Spaces and Public Facility zoning for parcels 072301-1- 006-2003, 082301-2-001-2005, and 082301-2-004-2002, to be effective upon annexation, and the assumption of city indebtedness by the area to be annexed upon annexation. Upon vote, the motion passed unanimously. Councilmember Powers was excused. B. Adoption of Ordinance No. 019-11, Approving the Annexation Request for Bethel Corridor North; File No. A-26-11 Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening regarding City Council Ordinance No. 019-11, for the annexation of 462 parcels totaling approximately 569.36 acres. The parcels are located in the vicinity between Sedgwick Road and SE Shelton Lane, from the current corporate limits near Blackjack Creek to approximately 1,300 feet east of Bethel Road. The 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. The parcels are designated Urban Low-Density Residential, Urban Medium-Density Residential, and Commercial in the County's Comprehensive Plan, with zoning designations of Urban Restricted (1-5 dujac), Urban Low Residential (4-9 dujac), Urban Medium Residential (10-18 dujac), and Highway/Tourist Commercial (10-30 dujac). Councilmember Colebank MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. 019-11, approving the Bethel North annexation request to annex 462 parcels that total approximately 619-49 acres as identified in Planning Commission Resolution No. 006-11, and the assumption of city indebtedness by the area to be annexed upon annexation, in a form as approved by the City Attorney. Upon vote, the motion passed unanimously. Councilmember Powers was excused. Minutes of November 22, 2011 Pa e 6 of 8 C. Approval of Contract No. 085-11, Authorizing the Mayor to Execute Development Agreement with Gem 1, LLC for McCormick West Development Director Weaver presented the staff rep01t, noting a public hearing was held earlier this evening for the approval of a pre-annexation Development Agreement between GEM 1, LLC and the City of Port Orchard, related to the annexation of McCormick West. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to approve Contract No. 085-11, authorizing the Mayor to execute the Pre-Annexation Development Agreement with GEM 1, LLC, for McCormick West. Upon vote, the motion passed unanimously. Councilmembel' Powe1·s was excused. D. Adoption of Resolution No. 041-11, Approving Final Plat of McCormick Meadows Div. I Development Director Weaver presented the staff rep01t, noting the site was legally identified as McCormick North Phase II Preliminary Plat and was granted approval by the Kitsap County Hearing Examiner Pro Tern on April 28, 2006. The applicant subsequently requested an amendment to the approved preliminary plat reducing the overall number of lots with other minor design changes. The revised preliminary plat renamed McCormick Meadows was approved by the Port Orchard Hearing Examiner on February 16, 2011. Phased McCormick Meadow, Division I, is creating 71 single family residential lots. The applicant has installed or bonded for, roads, sewer and storm drainage improvements. Streets within this final plat are public use and are being accepted into the City's road system. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to adopt Resolution No.041-11, as presented, granting final plat approval for McCormick Meadows Division I. Upon vote, the motion passed unanimously. Councilmembel' Powel's was excused. E. First Reading of Ordinance No. 020-11, Amending the 2011 Budget City Treasurer Martin presented the staff report, noting the budget amendment reflected the following: 1) $1,650 additional from Community Events Fund 107 to General Fund 001 to cover off-duty police officer costs during the Jingle Bell Run and Festival of Chimes & Lights approved on October 25, 2011; 2) $45,000 reallocation for Bay Street Underground Utilities from Street Fund 101 to General Fund 001; 3) $6,6oo additional from Cumulative Reserve for Municipal Facilities Fund 302 for Council Audio Video upgrades approved on October 11, 2011; 4) $2,000 from Cumulative Reserve for Equipment Replacement Fund 303 for emergency equipment installation on police vehicles; and 5) $419,656 transfer from Water Sewer Utility Fund 401 (operating) to Cumulative Reserve for Water Sewer Fund Minutes of November 22, 2011 Pa e 7 of 8 403 (capital reserves) recognizing the Capital Facilities fee collected as a portion of the October 1, 2010, Water Sewer rate increase that was approved by Council. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to accept the first reading of Ordinance No. 020-11, amending the 2011 Budget for the City of Port Orchard and to direct staff to place Ordinance No. 020-11 on the December 13, 2011, Consent Agenda for second reading and final adoption. Upon vote, the motion passed unanimously. Councilmember Powers was excused. F. Adoption of Ordinance No. 017-11, Repealing Resolution No. 041-10, and Amending Port Orchard Municipal Code Chapter 10.12, Establishing Regulations and Fees Related to Parking, Stopping, or Standing in Certain Areas of the City Public Works Director Dorsey presented the staff reporting, noting the Public Works Staff inventoried all existing signage, researched past sign-related land-use issues and compiled a list of corrections, revisions and/or modifications to the current Resolution No. 041-10. The intent of the Ordinance was to update parking regulations, codify, and repeal Resolution No. 041-10. At the November 8, 2011, Public Property Committee meeting staff was directed to revise the use of City Employee Lot No. 8 as follows: 1. Parking to be free to City employees 2. Parking Pass required (provided on a first -come, first -served basis for available spaces) 3. Waiting list to be established 4· Parking on Prospect Street (both sides from Kitsap to Fredrick) to be 2 hour limit Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 017-11, repealing Resolution No. 041-10, and amending Chapter 10.12 to establish fees related to Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City Attorney. Upon vote, the motion failed with two affirmative votes and four dissenting votes. Councilmember Chang, Childs, Clauson, Olin cast the dissenting votes. Councilmember Powers was excused. The Council remanded this matter to the Public Propetty Committee for further review. 8. COMMITIEE REPORTS Councilmember Childs reported the Festival of Chimes and Lights would be held on Saturday, December 3, 2011, at 12:00 p.m. at City Hall, with the Jingle Bell Run. Councilmember Putaansuu repotted the Utility Committee will meet on Friday, December 2, 2012 at 7:30a.m. to discuss how to pay for Well No. 9 improvements. Minutes of November 22, 2011 Pa e 8 of8 Councilmember Olin reported the Public Property will meet to discuss the possibility of a Parks Commission at the Tuesday, December 13, 2011, meeting. Councilmember Colebank reported that he attended the Kitsap Regional Coordinating Council on behalf of Councilmember Powers, where they met with local state legislators regarding KRCC's legislative priorities for 2012. 9· MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the Kitsap Regional Coordinating Council Legislative breakfast; • Met with a small group of business people to discuss the climate of South Kitsap; • Met with the Public Disclosure Commission regarding the election process; • Attended the Port Orchard Party; • Attended the Kitsap Economic Development Alliance Executive Committee m eeting; • MC'd the Social Media Conference at Island Wood; • Attended the Home Builders Association Government Affairs Committee meeting; • Attended the Committee meeting regarding the Aero Space Partnership; • Attended Kitsap Transit Work Study and Board meeting; • Attended the Kitsap Community Transition Program by the South Kitsap School District; • Met with CENCOM's Director, City Police Chief, and Fire Chief regarding their increased funding formula; • Attended the retirement ceremony honoring Pmt Commissioner Bill Mahan and Executive Director Cary Bozeman. 10. REPORT OF DEPARTMENT DIRECTORS Development Director Weaver announced that the Parks Plan was ready for public r eview and staff would bring it to Council for approval. 11. CITIZENS COMMENTS There were no citizen comments. 12. ADJOURNMENT ayor Coppola a journed the meeting.