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08/14/2006 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Diienno Tye Moore Carolyn Powers, Mayor Protem Rick Wyatt City of Port Orchard Council Meeting Minutes Regular Meeting of August 14, 2006 ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Police Commander Duncan, City Treasurer Tompkins. Interim City Clerk Merlino and Assistant City Attorney Forbes. 7:00 P.M. CALL TO ORDER Lee Sebring led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA The following Business item was added to the Consent Agenda • Approval of Mayor's Recommendation of Appointment of Lodging Tax Advisory Committee members The Council added an Executive Session to this agenda to discuss personnel issues and potential litigation. The Council added to Business items an emergency discussion regarding the Bay Street Marquee. EXECUTIVE SESSION: At 7:08 p.m. the Mayor adjourned the Council into Executive Session for 8 minutes to discuss personnel issues and potential litigation. Mayor Abel extended the Executive Session an additional 5 minutes. At 7:21 p.m. Mayor Abel reconvened the Council meeting into regular session. Minutes of August 14, 2006 Page 2 of 7 Emergency discussion regarding the Bay Street Marquee Public Works Director Abed reported on the most recent report from the structural engineers regarding the repairs to the Bay Street marquee. Public Works Director Abed presented pictures illustrating the dry rot on the marquee poles. The dry rot currently has damaged approximately 60% of the poles on the south side of the marquee. Paul Prochaska, representing CTS Engineers discussed the damage to the poles and suggested some alternative repairs. Mr. Prochaska reported, keeping the marquee could be more expensive then simply repairing the structure, due to the extra cost for replacing the streetlights. Public Works Director Abed warned the Council that the repairs presented is moving out of the scope of the contract. Assistant City Attorney Forbes requested time to review the contract, as she was not aware this topic was going to be discussed. Council Member Powers moved and Council Member Geiger seconded a motion to continue this discussion to Monday, August 21, 2006, at 7:00 p.m., located in the Municipal Courtroom. Upon vote, motion passed with five affirmative votes and two dissenting votes. Council Member Diienno and Chang cast the two dissenting votes. At 8:03 p.m., Mayor Abel called for a three-minute recess. Council Member Moore excused himself from the remainder of the Council meeting. AUDIENCE COMMENTS Jerry Arnett, 228 Goldenrod, asked the Council to listen to audience comments. PUBLIC HEARING Mitchell Avenue Sewer Extension Latecomer Agreement Public Works Director Abed presented staff report, indicating this Public Hearing is a continued Public Hearing from June 26, 2006. At the June 26, 2006 Public Hearing the Council asked Mr. Sebring if the South Kitsap School District was interested in tying into the sewer main. Public Works Director Abed advised the School District has agreed to be part of this assessment. Based on that information, the latecomer agreement was modified to include them. The total cost estimate for the proposed sewer main is $65,000. There are four benefited noncontributing properties that will benefit from the new main. The proposed line will terminate at a property line, making front footage an Minutes of August 14, 2006 Page 3 of 7 inequitable method of determining the prorated share of construction costs for each benefited property. In lieu of using front footage, the proposed latecomer agreement uses the total area of the served properties (3.25 acres) and the total costs of the project ($65,000), to determine the pro rata share of the costs to be $20,000 per acre. Lee Sebring, applicant, concurred with Public Works Director Abed and confirmed that the School District is in agreement with the decision to tie into the sewer main. At 8:16 p.m. Mayor Abel closed the public hearing. Council Member Diienno moved and Council Member Clauson seconded a motion to authorize the Mayor to enter into the latecomer Agreement with lee Sebring, and direct staff to prepare the Resolution for consideration at the next meeting. Upon vote, motion passed unanimously. Veterans Memorial Park-Significant Trees Planning Director Long-Woods presented staff report regarding an application for an excavation permit, which was . submitted by Kitsap County to clear, and grade approximately 5.16 acres located at Retsil Road, within the existing 48.6 acre Veteran's Memorial Park, to construct two new ball fields. During the review of the project, it was identified that several significant trees would need to be removed, including two big-leaf maples that are greater than 36 inches. The zoning ordinance requires that the removal of all significant trees of 18" in caliper or greater shall be replaced at a ratio of 3:1 and the removal of trees 36 inches or greater be approved by City Council before removal. The zoning is Community Facilities and the Comprehensive Plan Designation is Public & Community Spaces. Planning Director Long-Woods reported the applicant has requested to remove one 38" big-leaf maple and it is also necessary to grade within the drip line area of the second significant 37" big-leaf maple. The applicant is proposing to replace the trees with a ratio of 3:1 for both of the trees per City code. Planning Director Long-Woods further advised the area around the tree, which will be affected by grading within the dripline, would be monitored for two years to identify adverse impacts to the trees. Jens Swenson, representing Parametrix and applicant, discussed in detail the request for removal of the significant tree and accepted all conditions of approval as recommended by the Planning Commission. Assistant City Attorney Forbes reminded staff the adopting resolution should indicate that the proposed use cannot reasonably accommodate the retention of the significant tree. Minutes of August 14, 2006 Page 4 of 7 At 8:24 p.m. Mayor Abel closed the Public Hearing. Council Member Geiger moved and Council Member Wyatt seconded a motion to approve the request to remove trees greater than 36 inches in diameter at the Veterans Memorial Park site to allow for the construction of two new ball fields and direct staff to draft a resolution for the next regularly scheduled meeting. Upon vote, motion passed unanimously. CONSENT AGENDA Council Member Clauson moved and Council Member Wyatt seconded a motion approving the Consent Agenda. Upon vote, motion carried unanimously. A. Approval of Claim Warrants #46023 -46127 in the amount of $271,309.95 and July Payroll Warrants #139976-140051 and Direct Deposits in the amount of $349,087.75. B. Minutes of the July 24, 2006 City Council Meeting, as amended C. Minutes of the July 18, 2006 Budget Study Session D. Adoption of Resolution No. 031-06 Approving the Application for A CUP, Clearwire LLC E. Authorization for the Mayor to Sign Department of Ecology Cost-Reimbursement Agreement F. Approval of Mayor's Recommendation of Appointment of Lodging Tax Advisory Committee Members BUSINESS ITEMS Adoption of Policy Interpretation Re: Utility Fees Public Works Director Abed reported on the policy, which provides for an interpretation of utility fees as it relates to new businesses that are adding utilities within existing complex that are currently connected to City facilities. Council Member Geiger expressed a concern that the policy could potentially cause an impact to the City's system. Council Member Geiger suggested the policy reflect, if there is a new building, it should have a new hookup and a new charge. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize staff to use the new code interpretation to deal with bases for businesses with connection into a master business' capacity. Upon vote, motion tied with Council Members Clauson, Wyatt and Powers casting the three affirmative votes and Council Members Diienno, Chang and Geiger casting the three dissenting votes. Mayor Abel broke the tie vote by voting in Minutes of August 14, 2006 Page 5 of 7 the affirmative. · Motion passed with four affirmative votes and three dissenting votes. Budget Recap-First Six-Months of 2006 City Treasurer Tompkins distributed through the agenda packet information giving further detail on the budget recap report for the first six months of the City's 2006 budget. City Treasurer Tompkins indicated the City's overall financial picture seems to be within the budgeted projections. First Reading of Cable Television Franchise Agreement Ordinance with Wave Broadband The Finance Committee presented this item to Council for their review and with recommended approval. Assistant City Attorney Forbes reported per RCW 35.23.251, at least five members of the Council must vote in favor of granting the franchise. This item will be presented for consideration at the August 28, 2006 Council meeting. Authorization of Expenses for the Joint Waste Water Treatment Facility Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize payment for the purchase of a laboratory oven, modification of the Zenon Process and retention of CH2MHill to inspect and report upon coating failure at the Joint Waste Water Treatment Facility. Council Member Powers amended the motion and Council Member Wyatt seconded the amendment to remove the retention of CH2Mhill to inspect and report upon coating failure, as this was approved by the Sewer Advisory Committee on July 6, 2006 and considered not an operational matter that would need approval the by City Council. Upon vote, amended motion passed unanimously. Upon vote, original motion as amended passed unanimously. Notice of Intent to Petition for Annexation, Roland & Roland Council Member Powers moved and Council Member Chang seconded a motion to accept the proposed intent to petition for annexation and 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, motion passed unanimously. Adoption of Resolution No. 032-06 Policy Regarding Broadcasting City Council Meetings. Council Member Powers moved and Council Member Clauson seconded a motion to adopt Resolution No. 032-06, establishing and developing the rules Minutes of August 14, 2006 Page 6 of 7 governing audience comments during a City Council meeting. Upon vote, motion passed unanimously. Authorization for Mayor to Sign Interlocal Agreement with Bremerton for Taping and Broadcasting of Council Meetings by Bremerton Kitsap Access Television Council Member Clauson moved and Council Member Chang seconded a motion to authorize the Mayor to sign the Interlocal Agreement with Bremerton Kitsap Access Television. Upon vote, motion passed unanimously. Authorization for Mayor to Sign Contract with Northern Con-Agg, Inc. for the Water System Intertie Project Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign the contract with Northern Con-Agg, Inc. to construct the intertie with Annapolis Water District for a total amount not to exceed $149,285.63, including sales tax. Upon vote, motion passed with five affirmative votes and one dissenting vote. Council Member Chang cast the one dissenting vote. Authorization for Economic Development Consultant Cost Share Council Member Powers moved and Council Member Clauson seconded a motion to authorize payment of up to $2,250 to Kitsap Regional Coordinating Council (KRCC) to support developing an Economic Development Action Plan. Upon vote, motion unanimously. COUNCIL/MAYOR & STAFF REPORT Council Member Powers, set the next Public Property meeting for August 18, 2006 at 7:30 a.m., Myhre's. Planning Director Long-Woods reported on the continued discussion of the Downtown Overlay District. Currently there have been two Planning Commission public meetings and one study session. The City Council will need to set up a Public Hearing to take public testimony. Council Member Clauson moved and Council Member Powers seconded a motion to set September 13, 2006 at 7:00 p.m. as the Public Hearing for the Downtown Overlay District. Upon vote, motion passed unanimously. City Treasurer Tompkins reported on the two new employees within the Finance Department, who will replace two employees who left their positions this year. Minutes of August 14, 2006 Page 7 of 7 Public Works Director reported on the new Building Inspector, who started his employment with the City on August 7, 2006. ADJOURNMENT At 10:00 p.m. Mayor Abel continued this meeting to August 21, 2006. Michelle Merlino, Interim City Clerk Kim E. Abel, Mayor