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05/12/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of May 12, 2015 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Cartwright Present Councilmember Chang Present Councilmember Childs Present Councilmember Clauson Present Councilmember Lucarelli Present Councilmember Putaansuu Present Mayor Pro-Tern Ashby Present Mayor Matthes Present Staff present: Deputy Clerk Fernandez, Public Works Director Dorsey, Office Assistant II Floyd, and City Attorney Morris were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Chris Stansbery, Treasurer for the Sidney Museum and Arts Association, the Port Orchard Bay Street Association, and the current Chair of Explore Port Orchard, spoke about this year's process with the lodging tax contracts, and voiced her concerns with the proposed 2015 lodging tax contract. Al Mahaney, Fathoms O' Fun Festival, Inc. noted his concerns with the proposed 2015 lodging tax contract. He would like to have a meeting to discuss lodging tax contracts. Elissa Whittleton said the costs of the interlocal agreement with KRCC seem to be open ended at this time. Can we put a ceiling on that? Matt Murphy, Executive Director of the Port Orchard Chamber of Commerce, stated his concerns with the 2015 lodging tax contract. Minutes of May 12, 2015 Page 2 of 9 Linda Simpson read a letter into the record regarding lodging tax disbursements of the Cedar Cove Association from 2008-2012, and determining if lodging tax funds were used outside of lodging tax criteria. In response to Gerry Harmon, Councilmember Ashby said the KRCC local group is funded completely by dues from its jurisdictions. No transportation dollars fund KRCC. She would like to sit down with her and speak about PSRC and KRCC. 3. APPROVAL OF AGENDA MOTION: By Councilmember Cartwright, to remove Business Items 7D through 7K from the agenda, and replace the motion for all the recipients of LTAC that were approved earlier by the Council to receive the funds under the 2014 guidelines. MOTION: By Councilmember Chang to vote down Councilmember Cartwright's amendment to remove those items. MOTION: By Councilmember Clauson seconded by Councilmember Putaansuu, to approve the agenda as distributed. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Checks Nos. 64028 through 64087 totaling $98,366.84, April payroll totaling 589,565.83, and Electronic Payments in the amount of $4,931.34 and Treasurer's Check Deposit in the amount of $1,978,277.03 from April 1, 2015 to April 31, 2015. B. Approval of Setting Work Study Session Meeting Dates for the Remainder of 2015 C. Approval of the April 21, 2015, Council Work Study Session Minutes D. Approval of April 28, 2015, Council Meeting Minutes E. Adoption of a Resolution and Repealing Resolution No. 005-14 Reestablishing a Small Works Roster Process F. Approval of Public Event Applications: Cruisin' Sunday Car, Truck & Bike Show and Hog Fest G. Approval of a Contract with Apply-A-Line, Inc. for the 2015 Thermoplastic Applications H. Approval of a Contract with Emerald Fire, LLC for the 2015 Backflow Preventative Maintenance Certifications I. Approval of the April 23, 2015, Special Joint Council and Planning Commission Meeting Minutes MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION A. Proclamation: The Spirit of '45-Honoring our WWII Veterans Minutes of May 12, 2015 Page 3 of 9 Mayor Matthes read the Spirit of' 45-Honoring our WWII Veterans proclamation into the record. He also noted on June 24, at 8:00pm, at Miller Woodlawn, there will be a memorial service. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Approval of an lnterlocal Agreement with Kitsap Regional Coordinating Council Staff Report: Deputy Clerk Fernandez presented the staff report, noting Mary McClure, Kitsap Regional Coordinating Council (KRCC) Executive Director, gave a presentation at the February 24, 2015, Council meeting and requested the Council consider adopting the proposed lnterlocal Agreement at that meeting. Council directed staff to place this item on the March 10, 2015, Agenda for further consideration. At the March 10, 2015, Council meeting, Council had concerns that the budget and dues structure had not been formalized and asked that this item be brought to the April 14, 2015, Council meeting to allow the KRCC Board to meet and finalize the budget. At the April 14, 2015, Council meeting, concerns were addressed regarding the voting structure of KRCC and staff was directed to continue this to the April 21, 2015, Council Work Study Session for discussion and continue the motion to the May 12, 2015, Council meeting for consideration. At the April 21, 2015 Council meeting, Council discussed the City's position on the KRCC voting structure and dues formula, and ·staff was directed to send a letter to KRCC stating the Council's position. Motion on the floor is: MOTION: By Councilmember Childs, seconded by Councilmember Cartwright, to approve an lnterlocal Agreement authorizing the Mayor to execute an agreement among Kitsap County, the four Kitsap Cities of Bremerton, Bainbridge Island, Port Orchard, and Poulsbo, and the Port of Bremerton to re-structure the Kitsap Regional Coordinating Council to provide a joint board for the purpose of collaborative decision-making with respect to land use, transportation, and other issues related to countywide growth management. The KRCC Executive Board met May 5, 2015, and Mayor Matthes and Councilmember Cartwright attended the meeting and can provide a summary of the meeting to the Council. Minutes of May 12, 2015 Page 4 of 9 Councilmember Cartwright noted he attended KRCC on May 5. At the city's work study session, we provided KRCC with our unanimous position that the voting structure remain as is. At KRCC, the city of Bremerton provided a motion which was contrary to what Port Orchard and Poulsbo wanted, and was ultimately struck down. The voting structure will remain as is. Councilmember Ashby stated the due structure has not changed. Fifty percent of the dues are based on population, and fifty percent are based on the assessed value of the property. Voting on this agreement is simply giving Port Orchard's approval for it. This cannot be put into effect by KRCC until it is approved by every jurisdiction within KRCC. The motion carried. (CONTRACT NO. 036-15) B. Approval of a Purchase of a Utility Trailer Staff Report: Public Works Director Dorsey read the staff report, noting that given the recent loss of a Public Works vehicle (Truck #10) and already being down one vehicle (with additional vehicles reaching their useful life) the Public Works Department proposes the following remedy; Move Deline from Truck #10 to Truck #1 {1993 Chevy 1-Ton Utility Truck/Water Emergency Utility Vehicle with only 12k miles) given electrical tool & supply needs (WS to WS); Immediately replace Truck #1 with new 7' x 12' Cargo Trailer (to be used as new Water Emergency Utility Vehicle at $Sk) Note: the engine replacement cost for Truck #10 -1995 Ford F250 was over $SK. To be PW VEH#44 (WS); Move Lang from Truck #26 to Truck #40 (McCormick Woods 20017 Dodge 1-Ton Utility Vehicle) as part of internal position change (WS to WS); New PW Employee/Meter Reader Schenk to drive Truck #26 (WS); Boltz to drive New Truck #43 (2015 Dodge Ram 4WD PU) funded with Storm Drainage FTE; Muldrow to continue drive/share with Seasonal Workers Truck #1 (2001 Ford F450 3-yd Dump) until 2016; and in 2016, purchase two new trucks (Dodge Ram $WO PU @ approx. $26k each) to get PW back to even and to replace Truck #28 (1999 Dodge Ram PU). For immediate need, the Public Works Department developed a list of requirements and requested quotes from three (3) trailer vendors for a 2015 7' x 12' Cargo Trailer (to be used as new Water Emergency Utility Vehicle) with quotes received as follows (including tax & fees): Olympic Trailer & Truck, Inc. $4,858.88; Freeway Trailer Sales, Inc. $5,516.41; and Well Cargo/Bickford Motors, Inc. $5,702.40. Staff reviewed all quotes and determined that the Olympic Trailer & Truck, Inc. quote of $4,858.88 (including applicable Washington State Sales Tax & documentation fee) was the lowest responsible quote. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Clauson, to authorize the purchase of a 2015 7'x12' CargoMate Trailer in an amount not to exceed $4,858.88, plus any applicable miscellaneous fees, from Olympic Trailer & Truck, Inc. The motion carried. C. Approval of a Public Event Application: Technical Rescue Minutes of May 12, 2015 Page 5 of 9 Staff Report: Deputy Clerk Fernandez read the staff report, noting Lieutenant Cody Goodwin with South Kitsap Fire and Rescue and Region 2 Technical Rescue Team is requesting use of a City street and right-of-way on Thursday, May 21, 2015, from 10:00am to 1:00pm. The Technical Rescue Team is comprised of members from the Kitsap fire departments, as well as Clallam and Jefferson counties. The intention of this request is to provide a real life, vertical venue to imitate a rescue. Their team specializes in these types of long vertical-type rescues. They would like to block one westbound lane with fire engines on the Lund Avenue Bridge, and traffic will be diverted using traffic cones. City departments, the Fire Department, and Kitsap Transit have reviewed the applications and have submitted their recommendation and/or comments. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli to approve the public event application from South Kitsap Fire and Rescue, allowing them to hold their event using city streets and right-of-ways as presented. In response to the Council, Mr. Goodwin provided details of the event and how it worked in other jurisdictions. The motion carried. D. Approval of a Contract with Visit Kitsap Peninsula for Tourism Promotion (Lodging Tax) Services Councilmember Ashby asked as a Point of Order, do we have to do them independently, or can we make one motion that encompasses all of the lodging tax recipients . . City Attorney Morris confirmed you can make one motion. Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember Childs to approve the 2014 versions of all these contracts, authorizing the Mayor to execute an agreement with all of the organizations that are listed for lodging tax services in the amount not to exceed the various amounts listed. Minutes of May 12, 2015 Page 6 of 9 Majority of the Council said the . contract was mismanaged and should have had better communication between staff and lodging tax recipients. The motion carried. (CONTRACT NOS. 017-15, 018-15, 020-15, 021-15, 022-15, 030-15, 031-15, AND 032-15) Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Cartwright to direct the Lodging Tax Committee, for the 2016 season, to develop the contractual agreement and have it ready prior to applications being accepted. Council Consideration: -MOTION: By Councilmember Ashby, seconded by Councilmember Putaansuu to amend the motion to have the Lodging Tax Committee include the recipients in negotiating the contracts. The amended motion carried. The main motion carried. E. Approval of a Contract with Sidney Museum and Arts Association for Tourism Promotion (Lodging Tax) Services Motion was made and carried under business item 7D. F. Approval of a Contract with Explore Port Orchard for Tourism Promotion (Lodging Tax) Services Motion was made and carried under business item 7D. G. Approval of a Contract with Port Orchard Bay Street Association for Tourism Promotion (Lodging Tax) Services Motion was made and carried under business item 7D. H. Approval of a Contract with Saints Car Club for Tourism Promotion (Lodging Tax) Services Motion was made and carried under business item 7D. I. Approval of a Contract with Fathoms O' Fun Festival, lnc.-Concerts by the Bay for Tourism Promotion (Lodging Tax) Services Motion was made and carried under business item 7D. Minutes of May 12, 2015 Page 7 of 9 J. Approval of a Contract with Fathoms O' Fun Festival, Inc. for Tourism Promotion (Lodging Tax) Services Motion was made and carried under business item 7D. K. Approval of a Contract with Port Orchard Chamber of Commerce for Tourism Promotion (Lodging Tax) Services Motion was made and carried under business item 7D. L. Approval of Five Easements (Access, Parking, Sanitary Sewer, Storm Drainage and Water) with Tim Ryan Properties, Inc. for the South Kitsap Medical Center Staff Report: Public Works Director Dorsey read the staff report, and provided the history of the noting in 1996, Harrison Memorial Hospital, now the South Kitsap Medical Center, dedicated a 25- foot strip of property to the City. This strip borders the western edge of the Medical Center's property (as shown in Sketch A --the full strip is also shown on Exhibit A-2 attached to the proposed Easements). The Statutory Warranty Deed conveying this 25-foot strip of property states that the property was conveyed to the City "in consideration of the maintenance obligation with regard to the sanitary sewer lift station and other benefits". Apparently, there was an error in the legal description, and the Medical Center dedicated a longer strip of property to the City than was originally intended (see Sketch A in orange). Tim Ryan Properties, Inc. now owns the Medical Center property and in anticipation of a pending sale, a survey of the property was performed. The survey disclosed that a portion of the parking lot for the Medical Center was included in the City's 25-foot strip of property and that the Medical Center's vehicular access from Tremont Street was also over the City's 25-foot strip. In addition, during the Phase 2 construction on the Medical Center property, portions of the existing water, sanitary sewer and storm drainage facilities (located within recorded easements) were modified. These modifications resulted in the need to modify the existing easements. As the Owner of the South Kitsap Medical Center property, Tim Ryan Properties, Inc. has asked that the City grant new easements over the City's 25-foot strip of property for the necessary parking and access and to provide replacement easements for water, sanitary sewer and storm drainage facilities, so that there is no impairment of the Medical Center's ability to fully utilize its property. Tim Ryan Properties, Inc. is not offering any compensation for the access and parking easements, based on the understanding that there was a mistake in the Statutory Warranty Deed preparation, which conveyed the 25-foot strip to the City and that more property was dedicated to the City than was originally intended. The City will retain the 25-foot strip of property deeded in 1996. The utility easement modifications simply align the necessary easement to the currently constructed configuration of the water, sanitary sewer and storm water facilities. In exchange for the City's Minutes of May 12, 2015 Page 8 of 9 granting of these Easements, Tim Ryan Properties, Inc. will pay for the City Attorney's review fees, as well as the recording fees associated with the Easements. Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember Putaansuu to authorize the Mayor to execute the attached easements for parking, access, water, sanitary sewer and storm drainage with Tim Ryan Properties, Inc. to allow the property owner full use of its property, provide updated utility easements and still allow for the city use of the 25-foot strip on the property, if needed. The motion carried. 8. COMMITIEE REPORTS Councilmember Ashby reported the Economic Development committee met on Monday and discussed the event tool kit; comp plan meetings; Mindmixer (mySidewalk) platform; and map of the City and all the potential developments that could take place. In addition, on the second Monday of the month, they hold the Public Property committee at 8:30am and the Economic Development meeting at 10:00am. They will now advertise that the meetings will be directly behind each other. Councilmember Putaansuu reported the next Utility Committee meeting is June 12, and the next Sewer Advisory meeting is June 17. Councilmember Cartwright noted the Public Property committee met on Monday and discussed a request from United Methodist Church for ADA accessible parking spaces along Kitsap Street; parking request for a trailer on Cline Street; removing trees from city's right-of-ways; A-board regulation sign handouts; and furniture in front of businesses within the WSDOT right-of-way along Bay Street. Councilmember Chang reported there will be a Lodging Tax Committee recommendation soon. 9. MAYOR'S REPORT Mayor Matthes reported there is a Work Study on May 19; Town Hall meeting on July 16; and a 125th Anniversary committee meeting on May 18. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the Bethel Pavement is moving ahead. Initial work will start next week. Replacement of the four curb ramps will be during the day, and the night work repair will be Sunday through Thursday, 7pm to Sam. 11. CITIZENS COMMENTS Minutes of May 12, 2015 Page 9 of 9 In response to Elissa Whittleton, Councilmember Clauson noted the discussion regarding the last Finance Committee was reported on at the last council meeting. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 8:11 p.m. No other action was taken.