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12/09/2008 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of December 9, 2008 7:00P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola. Mayor ABSENT: Councilmembers: Mayor Pro-Tem Clauson, Chang, Childs, Colebank, Powers, and Putaansuu Councilmember Olin, excused. ALSO PRESENT: City Treasurer Tompkins, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, Assistant Engineer Archer, Associate Planner Bonsell, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE AI Mahaney led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT The following citizens spoke in favor of a full-time Mayor: Fred Depee, P. 0. Box 586, Manchester, W A Wayne Senter, McCormick Woods, Port Orchard, W A Dick Davis, McCormick Woods, Port Orchard, W A Ron Rice, South Kitsap, Port Orchard, W A Patrick Lucas, 233 Goldenrod Street, Port Orchard, W A Those speaking in favor stated the following reasons for their support: • Appreciates being heard and not having "closed door" meetings • You have to invest money to get a good return • Now is the time to move forward • Change in position, should result in a change of pay • City is in need of committed leadership • Making the community a better place • Need to take the City to the next level The following citizens spoke in opposition of a full-time Mayor: Dr. Robert Abel, 338 Goldenrod Street, Port Orchard, W A Mary Felts, 1050 Hull A venue, Port Orchard, W A Jerry Arnett, 288 Goldenrod Street, Port Orchard, W A Minutes of December 9, 2008 Page 2 of 10 Those speaking in opposition stated the following reasons for their opposition: • Now is not the right time due to declining economy • Mayor is not a good businessman • As a courtesy to the citizens this matter should be brought before the voters • Concern that there is no state and federal funding available due to downturn in economy • While this may be legal, it is not morally right • Mayor went back on his word that he could do the job in less hours than the previous administration Gerry Harmon, 906 Kitsap Street, favored the Mayor being full-time, but questioned the use of Hotel/Motel tax dollars to pay for additional salary. Maty Johnson, 826 Kitsap Street, voiced her appreciation of all the work that was done to create a successful Festival of Chimes and Lights. APPROVAL OF AGENDA Councilmember Chang moved to amend the agenda to continue Business Item 7B to the December 23, 2008 meeting in order for Councilmember Olin to be present. The motion died for a lack of a second. Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to amend the agenda by switching the order of Business Items 7B and 7C. Upon vote, the motion to amend passed unanimously. Councilmember Powers moved and Councilmember Chang seconded the motion to amend the agenda by moving Consent Items 4B, 4C, 4D, 4E, and 4G to Business Items. Upon vote, the motion to amend passed unanimously. Councilmember Putaansuu moved and Councihnember Colebank seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA Councilmember Colebank moved and Councilmember Clauson seconded the motion to approve the Consent Agenda as amended. Upon vote, the motion as amended passed unanimously. A. Approval of Claim Warrants #50805 through #50889 in the amount of $298,596.93; November Payroll #141958 through #142018 in the amount of $428,110.84; and Treasurer's check book in the amount of $1 ,894,648.50. B. Approval of tl!e November l 8, 2008, Werle Study Sessioa Meetiag Miautes C. Approval of tl!e November 25, 2008, City Couacil Meetiag Jliliautes D. Approval of tl!e November 25, 2008, 2009 PrelimiHRTY Budget Work Study Sessioa Meetiag Miautes Minutes of December 9, 2008 Page 3 of 10 E, ApiJroval of tfie December 1, 2008, Special Preliminary Budget Meeting Minutes F. Adoption of Resolution No. 054-08, Appointment to the Library Board of Trustees G. Adoption of Resolution No. 055 08, Appointment to tfie Planning Comnlcission PUBLIC HEARINGS Public Hearing on Petition for Annexation No. A-16-08, for Sidney and Berry Lake Parcels Development Director Weaver presented the staff report, noting pursuant to RCW 35.13, a Public Hearing was legally noticed for this evening, December 9, 2008. However, due to the annexation process and the Boundary Review Board 45-day review period, this annexation required additional time to satisfy the annexation reqnirements and the annexation review time frames. Staff recommends that Mayor Coppola open the Public Hearing and announce this item to be continued to the December 23, 2008, regular meeting and close the Public Hearing. Mayor Coppola opened the Public Hearing, and there being no testimony closed the Public Hearing at 7:27p.m. Public Hearing on Ordinance No. 042-08, Adopting the Port Orchard Comprehensive Plan Development Director Weaver presented the staff report, noting the City of Port Orchard has proposed to update the Port Orchard Comprehensive Plan as required by the Washington Growth Management Act (GMA) and the Revised Code of Washington (RCW). Public participation has been an invaluable component of the approval process for jurisdictions intent on meeting the required ten-year update of the Comprehensive Plan; and a Public Hearing with the City Council was held on November 25, 2008, to collect citizen comments and testimony on the draft 2008 Port Orchard Comprehensive Plan Update prior to recommendations or adoption of the Plan. Maps for the Comprehensive Land Use and Zoning includes the City of Port Orchard as a whole, including new Port Orchard Overlay Districts of the Downtown Gateways ("Wings"), the Tremont Corridor, and the Government/Civic Center District. This update of the Port Orchard Comprehensive Plan as required by the Washington Growth Management Act (GMA) provides the City of Port Orchard goals, policies, and implementation for various elements, including Land Use, Housing, Parks, Natural Systems, Economic Development, Utilities, Transportation, Shorelines, Capital Facilities, and Implementation for the 20-year planning horizon. The updated Port Orchard Comprehensive Plan includes goals and policies related to the Kitsap County Urban Growth Areas and allocated future City of Port Orchard zoning and comprehensive land use designations for those areas consistent with the most recent Kitsap County Comprehensive Plan and Associated Environmental Impact Statement. The Public Hearing is to collect public testimony regarding Ordinance No. 042-08, updating the Port Orchard Comprehensive Plan. At 7:31 p.m. Mayor Coppola opened the Public Hearing. Carol Morris, Attorney for the City of Bremerton, requested reconsideration of the Comprehensive Plan regarding sewer provisions due to the lack of planning; voiced opposition to Minutes of December 9, 2008 Page 4 of 10 the requested Heritage Park designation as a expansion area as it was inconsistent with County- wide planning; and voiced opposition to the McCormick Woods annexation as the capital facility planning has not been performed. Randal Brand, 2727 Holly Croft, requested reconsideration of the Planning Commission's decision to limit the height exemptions for the redevelopment of Gino's Steak House Restaurant property. Patrick Lucas, 233 Goldenrod Street, voiced his appreciation for all the hard work put into updating the City's Comprehensive Plan. Gil Michael, 228 Seattle A venue, voiced his concerns with amending the Comprehensive plan to allow a height exemption for the redevelopment of Gino's Restaurant, noting it was in the City's best interest to have the applicant complete the conditional use permit process. Pat Waters, 5163 Bethel Road, voiced appreciation to the Council and staff for updating the Comprehensive Plan. There being no further testimony, Mayor Coppola closed the Pnblic Hearing at 7:41 p.m. Public Hearing on Resolution No. 057-08, Regarding Surplus of Water/Sewer Equipment City Treasurer Tompkins presented the staff report, noting RCW 35.94.040 requires a public hearing be held prior to disposal of equipment owned by a public utility. The equipment no longer serves a purpose for the City and as such it is requested that the Council declare it surplus so it may be disposed of in the best interest of the City. Mayor Coppola opened the Public Hearing, and there being no testimony closed the Public Hearing at 7:43p.m. NEW BUSINESS Approval of the November 18,2008, Work Study Session Meeting Minutes Councilmember Putaansuu moved and Councilmember Childs seconded the motion to approve the November 18, 2008, work study session meeting minutes. Upon vote, the motion passed with five affirmative votes and one abstention. Councilmember Powers abstained. Approval of the November 25, 2008, City Council Meeting Minutes Councilmember Colebank moved and Councilmember Clauson seconded the motion to approve the November 25, 2008, City Council meeting minutes. Upon vote, the motion passed with five affirmative votes and one abstention. Councilmember Powers abstained. Minutes of December 9, 2008 Page 5 of 10 Approval of the November 25, 2008, 2009 Preliminary Budget Work Study Session Meeting Minutes Councilmember Clauson moved and Councilmember Colebank seconded the motion to approve the November 25, 2008, preliminary budget work study session minutes. Upon vote, the motion passed with five affirmative votes and one abstention. Councilmember Powers abstained. Approval of the December 1, 2008, Special Preliminary Budget Meeting Minutes Councilmember Childs moved and Councilmember Putaansuu seconded the motion to approve the December 1, 2008, special preliminary budget meeting minutes. Upon vote, the motion passed with five affirmative votes and one abstention. Councilmember Clauson abstained. Adoption of Resolution No, 055-08, Appointment to the Planning Commission Mayor Coppola continued this item to the December 23, 2008, Council meeting. Adoption of Ordinance No. 042-08, Adopting the Comprehensive Plan Councilmember Clauson moved and Councilmember Chang seconded the motion to adopt Ordinance No. 042-08, adopting the Port Orchard Comprehensive Plan with the proposed revisions identified in Exhibit A and Exhibit B incorporated herein as part of Ordinance No. 042-08. Councilmember Childs moved and Councilmember Clauson seconded the motion to amend Ordinance No. 042-08, to change zoning designation at 1519 Roland Road as Commercial, Business Professional. Upon vote, the motion to amend passed unanimously. Councilmember Chang moved and Councilmember Clauson seconded the motion to amend Ordinance No. 042-08, to change the zoning designation fm· the Stetson Project to Mixed Use. Upon vote, the motion passes with five affirmative votes and one dissenting vote. Councilmember Childs cast the dissenting vote. Councilmember Chang moved and Conncilmember Clauson seconded the motion to amend 01·dinance No. 042-08, to designate 1780 Sidney as R20. Upon vote, the motion failed with two affirmative votes and four dissenting votes. Councilmembers Chang and Colebank cast the two affirmative votes. Councilmember Clauson moved and Councilmember Powers seconded the motion to adopt Ordinance No.042-08, as amended. Upon vote, the motion passed unanimously. At 8:58p.m. the Mayor reconvened the meeting after a ten-minute recess. Adoption of Ordinance No. 044-08. Amending Port Orchard Municipal Code Section 5.84.010 by Imposing a B&O Tax on Storm Drainage Revenues Minutes of December 9, 2008 Page 6 of 10 City Treasurer Tompkins presented the staff report, noting the City has imposed a five percent (5%) B&O Tax on water and sewer gross revenues since 1970, to defray the cost of administering these utilities. At the November 18, 2008, Council Work Study Session staff received direction to move forward with implementing a five percent (5%) B&O Tax on the new storm drainage utility. The storm drainage rates were set by Ordinance No. 037-08 at the November 25, 2008, Council meeting. Staff recommends adoption of Ordinance No. 044-08, imposing a five percent B&O Tax on storm drainage utility revenues. Councilmember Clauson moved and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 044-08, amending the Port Orchard Municipal Code Section 5.84.010 by imposing a five percent B&O Tax on storm drainage revenues. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 043-08, Adopting the 2009 Budget City Treasurer Tompkins presented the staff report, noting the Finance Committee met four times between October 29, 2008 and November 12, 2008, to discuss the preliminary budget and to make final recommendations to the Council. Those recommendations were first given to the Council at the Work Study Session on November 18, 2008, and were reviewed by the full Council at the Budget Work Study Session on November 25, 2008. Public testimony was taken on the budget at the December I, 2008, Public Hearing. The budget must be adopted prior to the beginning of the 2009 fiscal year. Councilmember Clauson stated the Finance Committee analyzed and recommend moving forward with a full-time Mayor with the condition he must provide a detailed accounting of his hours spent on tourism and marketing of the City. Fmther, the State does not require making the Mayor's position full-time to go to a vote of the citizens, rather that responsibility lies with the Council. He stated that in the 26 years he has served on the City Council, this is the first time he supported a full-time Mayor. Councilmembers Childs, Colebank, Clauson, Powers, and Putaansuu voiced their support of a full-time Mayor, noting that the Mayor has the skills, the ability to motivate people, and they considered this an investment in the future of the City. Councilmember Chang voiced opposition of the Mayor's pay increase and utilizing Hotel/Motel Tax funding to pay a portion of his salary. Councilmember Powers moved and Councilmember Clauson seconded the motion to approve Ordinance No. 043-08, adopting the 2009 Budget. Upon vote, the motion passed with 5 affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. First Reading of Ordinance No. 045-08, Amending the 2008 Budget Minutes of December 9, 2008 Page 7 of 10 City Treasurer Tompkins presented the staff report, noting at year-end the current budget is reviewed to make sure the appropriations cover the expenditures that have been authorized during the year. The 2008 annual budget includes funding allocations in the Community Events Fund for use of the Hotel/Motel Tax. On March 12, 2008, the Lodging Tax Advisoty Committee approved Cedar Cove Days to receive funding at a minimum amount of $8,600 to the full amount requested of $11,500, with the understanding the full funding would occur only if the City received its projected Hotel/Motel Tax revenues. Staff recommends the 2008 budget be amended in order to cover expenditures made in excess of the budget for the Community Events Fund and to direct staff to place Ordinance No. 045-08, on the December 23, 2008, Consent Agenda for adoption. Councilmember Putaansuu recommended next year any shortage of revenues should be equally shared with recipients of Hotel/Motel Tax. Councilmember Powers moved and Councilmember Clauson seconded the motion to approve the first reading of Ordinance No. 045-08, amending the 2008 budget and moving the ordinance forward to the December 23, 2008, Consent Agenda for adoption. Upon vote, the motion passed unanimously. First Reading of Ordinance No. 046-08, Amending the 2008 Budget and Authorizing Transfer of City Treasurer Tompkins presented the staff report, noting the City's Sewer Capital Facility Charge consists of two components: the General Facility Fee, currently at $2,770, and the Wastewater Treatment Facility Fee, currently at $3,230. All of this revenue is currently placed in the Water-Sewer Cumulative Reserve Fund. The accounting staff keeps separate spreadsheets to track the Wastewater Treatment Facility Fee portion and calculate the daily interest earnings on these funds, which has been included in the annual financials in the proprietary funds. However, this is not necessary as the money is being held in reserve specifically for use on the Facility. The Wastewater Treatment Facility Fee is to offset debt on the Treatment Facility expansion and any other future projects involving this Facility. Staff recommends the 2008 budget be amended in order to cover transfer of funds from the Water-Sewer Cumulative Reserve Fund to the Wastewater Treatment Facility Fund and direct staff to. place Ordinance No. 046-08 on the December 23, 2008, Consent Agenda. Councilmember Childs moved and Councilmember Colebank seconded the motion to approve the first reading of Ordinance No. 046-08, amending the 2008 budget, authorizing the transfer of funds and moving the ordinance forward to the December 23, 2008, Consent Agenda for adoption. Upon vote, the motion passed unanimously. Adoption of Resolution No. 057-08, Disposing of Certain Surplus Water/Sewer Equipment City Treasnrer Tompkins presented the staff report, noting the water/sewer utility equipment listed in Resolution No. 057-08, no longer serves a purpose for the City and as such it is requested that Council declare it surplus so it may be disposed of in the best interest of the City. Minutes of December 9, 2008 Page 8 of 10 Staff recommends to declare these items surplus so that the equipment can be sent to Stokes Auction for sale or be disposed of in the best interests of the City. Councilmember Colebank moved and Councilmember Childs seconded the motion to adopt Resolution No. 057-08, disposing of certain surplus water/sewer equipment and declare these items surplus so that the equipment can be sent to Stokes Auction for sale or be disposed of in the best interests of the City. Upon vote, the motion passed unanimously. Adoption of Resolution No. 058-08, Authorizing the Mayor to Execute City Attorney Contract with McGavick and Graves Councilmember Clauson moved and Councilmember Colebank seconded the motion to adopt Resolution No. 058-08, authorizing the Mayor to execute a contract for legal services with Gregory A. Jacoby of McGavick Graves, P.S. as City Attorney effective January 1, 2009 and terminating on December 31, 2011. Upon vote, the motion passed unanimously. Adoption Resolution No. 059-08, Authorizing the Mayor to Sign NPDES Interlocal Agreement for Public Outreach Program Public Works Director Dorsey presented the staff report, noting in 2007, Kitsap County, the United States Navy, and the Cities of Bremerton, Poulsbo, Gig Harbor, and Port Orchard agreed to start a collaborative for the Public Education and Outreach components of the National Pollutant Discharge Elimination System (NPDES) Permit. The group agreed to name the Kitsap Peninsula Clean Runoff Collaborative, and proceeded to obtain signed lnterlocal Agreements (ILAs) from the organizations involved. The City of Port Orchard needs to complete the ILA for work to be performed in order to meet the compliance requirements of the permit. Compliance requirements include, but are not limited to achieving measurable reductions in behaviors that have adverse impacts to Storm-water systems. By working as a member of the collaborative the City would receive access to the services necessary to comply with the permit at a fraction of the cost. Staff recommends the City Council authorize the Mayor to sign the lnterlocal Agreement with Kitsap County for the Kitsap Peninsula Clean Runoff Collaborative Councilmember Putaansuu moved and Councilmember Powers seconded the motion to authorize the Mayor to sign the Interlocal Agreement with Kitsap County for the Kitsap Peninsula Clean Runoff Collaborative for a three year period where the City would be required to contribute a maximum amount of $24,592, with the City's maximum portion in 2009 not to exceed $6,332; in 2010, not to exceed $7,009; and in 2011, not to exceed $11,251, with funding coming from the Storm Drainage Utility Budget. Upon vote, the motion passed unanimously. Adoption of Resolution No. 060-08, Authorizing the Mayor to Sign Universal Field Services Supplemental No. 1 for Tremont Widening Public Works Director Dorsey presented the staff report, noting on November 27, 2007, the City of Port Orchard entered into Agreement No. LA-5855 with Universal Field Services, Inc. for right-of-way acquisition services in association with the Tremont Widening Project, STPUS- 661 0(004 ). The completion date was anticipated to be October 31, 2008, but given project Minutes of December 9, 2008 Page 9 of 10 complications and associated delays, a revised completion date of December 31, 2009, is necessary. Additionally, due to timing constraints, three appraisals will need to be reworked and reviewed to keep up with current market trends. This addition will add $7,658, to Universal's contract. Staff recommends authorization for the Mayor to execute Change Order No. 1 and Supplement Agreement No. 1 with Universal Field Services, Inc., thereby extending the completion date to December 31,2009, and the contract amount to $230,460 for the right-of-way acquisition services for the Tremont Street Widening project. Councilmembe1· Chang moved and Councilmember Powers seconded the motion to authorize the Mayor to execute Change Order No. 1 and Supplemental Agreement No. 1 with Universal Field Services, Inc. extending tbe completion date from October 31, 2008 to December 31, 2009 and inCI·easing the contract from $222,802 to $230,460 for right-of-way services. Upon vote, the motion passed unanimously. Adoption of Resolution No. 061-08, Authorizing the Mayor to Sign Northern Con-Agg Change Order No. 2 for Bethel Sinkhole Public Works Director Dorsey presented the staff report, noting on April 28, 2008, Council approved a contract with Northern Con-Agg, Inc. (NCA) to complete work on the Bethel A venue Sinkhole. Upon review of the contract when the third pay estimate was submitted, staff became aware of a change needed to the contract. The third pay estimate was showing the contract to be $828.77 more than agreed. However, Bid Alternate No. I was selected during construction, which was a cost savings to the City of $8,730. These two items are reflected in the second Change Order with a cost savings to the City of $7,901.23 from Change Order No. l. Staff recommends the City Council authorize the Mayor to sign the Change Order No. 2 with NCA, for the Bethel Avenue Sinkhole for a cost savings of $7,90 1.23. Councilmember Powers moved and Councilmember Clauson seconded the motion to authorize the Mayor to sign Change Order No. 2 with Northern Con-Agg, Inc. reducing the contact amount by $7,901.23 for a total contract price of $318,591.05, for the Bethel A venue Sinkhole Project. Upon vote, the motion passed unanimously. Authorization to Issue Two RV Parking Permit Exemptions City Clerk Kirkpatrick presented the staff report, noting Mr. James Clark, 1039 West Avenue, has submitted a request for exemption of his parking permit on his Southwind motor home, License No. 272 RPO, which was previously exempted for the past five years. In addition, Mr. Clark, on behalf of his mother, Edna Schauer of 1039 West Avenue, is requesting an exemption of her Alsoe motor home, License No. 389 LCN, for three years or until the recreational vehicle is sold .. Staff recommends the Council approve the request to issue two recreational vehicle parking permit exemptions to expire when the vehicle(s) are sold or no later than December 31, 2011. Councilmembe1· Colebank moved and Councilmember Childs seconded the motion to authorize the issuance of two recreational parking permit exemptions for a Southwind Minutes of December 9, 2008 Page 10 of 10 motor home, License No. 272 RPO and an Alsoe motor home, License No. 389 LCN to expire when the vehicle(s) are sold or no later than December 31, 2011. Upon vote, the motion passed with 4 affirmative votes and 2 dissenting votes. Councilmembers Chang and Putaansuu cast the two dissenting votes. Councilmember Childs moved and Councilmember Putaansuu seconded the motion to extend the meeting for an additional ten minutes. Upon vote, the motion passed unanimously. CITIZENS COMMENTS There were no citizen comments. COMMITTEE REPORTS Councilmember Putaansuu announced the December 19, 2008, Utility Committee meeting was canceled and the next meeting is scheduled for January 29, 2009. Councilmember Clauson announced the Council will be meeting on Thursday, December 18, 2008, for the Holiday Light Tour and judging and any citizens interested in joining the tour needed to reserve a seat with the City Clerk. Councilmember Childs announced the Festival of Chimes and Lights wrap-up meeting will be held on Wednesday, December 10, 2008, at 5:00p.m. at City Hall. MAYOR'S REPORT Mayor Coppola reviewed his work schedule for the past week and assured the citizens and Council that he would be able to adequately identify his hours spent on tourism and marketing of the City and Council members for their kind words and support. REPORT OF DEPARTMENT HEADS City Treasurer Tompkins announced the City's new website was up and running and welcomed comments and suggestions from the Council and community. ADJOURNMENT At 10: 14 p.m. Mayor Coppola adjourned the meeting. n /Ji4;/' ~tk.l --Zi:lt.~~ --I ,="'--''"""'---''------ Patricia J. Kirkpatrick, City Clerk