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11/12/2008 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 12, 2008 7:00P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tem Clauson, Chang , Childs, Colebank, Olin, Powers, and Putaansuu ALSO PRESENT: Police Chief Townsend, City Treasurer Tompkins, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk R i nearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Chief Townsend led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Tom O 'Brien, South Kitsap School District Facility Director, provided a brief report on how the Kitsap County Surface and Storm-water Management (SSWM) Program allowed for the South Kitsap School District storm-water fees to be waived due to it s curricu lum, and requested the Council consider a similar program when the City implements its own storm-water program. Cindy Lucarelli, 926 Kitsap Street , Executive Director of the Cedar Cove Association , provided an upd ate on Cedar Cove Days, noting the message was gettin g ou t and people wer e starting to book their trip to Port Orchard. Cedar Cove is partnering with the Port Orchard Library, South Kitsap F ire & Rescue, Port Orchard Rotary Club, and over 30 other non -profit organizations to help bring the event to the community. APPROVAL OF AGENDA The following item was added to the agenda before Business Items : A. Executive session pertaining to personnel and real estate matters Councilmember Clauson moved and Councilmember Colebank seconded the motion to approve the Agenda as amended. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA Councilmember Colebank moved and Councilmember Childs seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. Minutes ofNovember 12 , 2008 Page 2 of 6 A. Approval of Claim Warrants #50666 through #50753 in the amou nt of $285,327.2 1; October Payroll #141870 through #141957 in the amount of $609,687.40; and Treasurer's check book in the amount of $1,643,954.23 B. Minutes of the October 21,2008, Work Study Session Meeting C. Minutes of the October 28, 2008, City Council Meeting D. Adoption of Ordinance No. 041 08, 2009 Property Tax Levy The following items were moved to Business Items: A. Adoption of Ordinance No. 041-08 , 2009 Property Tax Levy PRESENTATIONS Update of the Joint Wastewater Treatment Facility Larry Curies, General Manager for West Sound Utility District (WSUD), provided an update on the Joint Wastewater Treatment Facility (JWWTF) and presented the 2009 proposed budget, noting the following; • City of Port Orchard shares the JWWTF with WSUD. • Provides for over 26,000 people and is a major part of the community. • Citizens sewer bill pays for the JWWTF. • S eptage remains a pilot project. • Leachate and grant revenue is not included in the 2009 budget. • No plans of adding staff. • Major programs for 2009 include biosolids management, annual maintenance and improvements , and rebuilding secondary clarifiers. • Future challenges include funding depreciation, major repairs and replacement of original equipment, staff training, and expanded capacity to process solids. PUBLIC HEARINGS Petition for Annexation for Jahnke-Beil File A-11-08; To Designate Zoning and Comprehensive Plan Land Use Upon Annexation Deve lopment Director Weaver presented the staff report, noting Robert Biehl and Steven C. Jahnke, property owners and agents, submitted a Petition for Annexation on June 27, 2008, to annex three parcels totaling approximately 5.29 acres and the associated public access easement, loc ated in the vicinity of Mile Hill Drive and Payseno Lane, adjacent to and south of Mile Hill Drive. The site is adjacent to a commercial zoned area and the applicant intends to extend additional commercial uses on this property. Kitsap County incorporated thi s property int o the City's Urban Growth Area as part of the 10-year update of the Kitsap County Comprehensive Plan in December 2006, with a County Comprehensive Plan designati on of Urban High- Intensity Commercial Mixed Use and zoning of Highway/Tourist Commercial (10-30 DU/Ac). The applicant i s requesting to be annexed with the City's Comprehensive Pl an and Zoning designations of Commercial. Staff recommends conducting the Public Hearing to Designate Parcel Nos. 312402-2-016-2007, 312402-2-003-2002 and 312402-2-005-2000 as Commercial and High Density Residential on the City of Port Orchard Comprehensive Plan map and Minutes of November 12 , 2008 Page 3 of 6 Commercial -R eta il/Office and Residential 20 (R20) on the City of Port Orchard 's Zo ning map to become effective upon an nexati on. City Attorn ey J aco by noted this is the first of two r eq uire d public hearings . At 7:40 p.m. M ayor Coppola opened the Public Hearin g and there being no public testimony, closed th e Pub lic Hearing at 7 :40p.m. Public Meeting: Council Districting City Attorney J aco by presented th e staff rep ort, no tin g the Public Heari ng was being held for the purpose of providin g the public with an opportunity to comment regardin g the proposed divi sion of the City into three Council wards . At 7:45p.m. Mayor Coppola ope ned the Public Hearin g. Gerry Harmon, 906 Kitsap Street, vo iced her concern s regarding Council di strictin g, noting th at thi s was moving forward to qui ckl y, and urged the Council to hold more public meetings. Gil Michael , 228 Seattle A venue, voiced hi s c oncern s regarding Council distri ctin g as follow s : • Pu blic notice process • Should be put to a vote of the people • Census D ata i s not curren t and would request it be c urre nt befo re moving forward • W ait to create districts when all of the City's Urban Growth Area (UGA) boundaries h ave been annexed and then ask the residents if they favor Council districts. At 8 :03 p.m., M ayor Coppola close d the Public Hearing. Councilmember Powers moved and Councilmember Childs seconded the motion to continue the Public Hearing to January 13, 2009, and for possible action. Upon vote, the motion passed with six affirmative votes and one dissenting vote . Councilmember Olin cast the dissenting vote. EXECUTIVE SESSION At 8:14p.m . M ayor Coppola recessed the meeting for a thirty-minute executi ve sessi on regarding potential personne l and real estate matters i n accordance with RCW 42.3 0.110(1). The City Attorney, Development Director, and the Public Works Director were i nvite d to attend and the M ayor ann ounce d that action may be taken as a res ult to the executive sess io n. At 8:57 p .m. Mayor Coppola reconvened the meeting after a five-minute recess. NEW BUSINESS Discussion: Draft Ordinance Establishing Storm Drainage Rates Minutes of November 12 , 2008 Page 4 of6 Public Works Director Dorsey presented the staff report, noting that on October 14, 2008, the City of Port Orchard adopted Ordinance No. 036-08, thereby establishing a Storm Drainage Utility and creating a new Chapter 13.06 of the Port Orchard Municipal Code. On October 28, 2008, the City of Port Orchard held a Public Hearing, as required, to establish Storm Drainage Utility Rates. At that Public Hearing, staff briefly summarized all activities associated with the continued progress of the mandated NPDES Phase II Storm Water Permit to date and presented a proposed timeline for the adoption of the Storm Drainage Utility Rate Ordinance. During the Public Hearing, staff mentioned the need for further Council discussion and direction on the following items: • Road/Right-of-Way Exemption vs. State Right-of-Way (30% maximum) • Distinction needed between Single-Family and Commercial (3-plex and above?) • Public Schools Waiver Request (RCW 36.89.085) • Commercial Rates at either $130/Ac. Impervious or $7.50/3,000 SF Impervious After a brief discussion, the Council directed staff to add this item to the November 18, 2008, Work Study Session Agenda for further discussion and direction. Adoption of Ordinance No. 041 -08, 2009 Property Tax Levy City Treasurer Tompkins presented the staff report, noting Ordinance No. 041-08, reflects a 1% increase in property taxes, from 2008. Based on a home valued at $100,000 it would be $5.87 more next year or $0.49 per month. For new construction and annexation the overall property tax would be 5.3 % for 2009. Councilmember Powers moved and Councilmember Colebank seconded the motion to . adopt Ordinance No. 041-08, to set the 2009 property tax levy and the amount of property taxes to be raised for the budget year of 2009. Upon vote, the motion passed unanimously. Councilmember Clauson moved and Councilmember Powers seconded the motion to amend the Agenda to add two business items: • Authorization for the Mayor to sign contract with Art Anderson Association Inc. for feasibility and conceptual design for town center project and parking garage • Authorization for Mayor to sign contract with Geotechnical Engineer for soils investigation required for pre-design for town center project and parking garage Upon vote, the motion passed unanimously. Authorization for the Mayor to Sign Contract with Art Anderson Assoc. for Feasibility and Conceptual Design for Town Center Project and Parking Garage Public Works Director Dorsey presented the staff report, noting in Augu st the Council approved Resolution No. 048-08, identifying a preferred site for a downtown parking garage. Proposed Minutes ofNovember 12, 2008 Page 5 of 6 funding so urces were identified and a very preliminary project scope is being prepared by City staff in response to direction from the Council and Mayor. To acc ommodate the r equirements for funding sources pertaining to a co nc eptu a l project scope, budget, and sc hedule, the request is for the Mayor to sign a contract with Art Andersons Associates, Inc. for an amount not to exceed $15,000. This wi ll all ow Art Anderso n Associates, Inc . to complete th e first step in the conceptual de sign, project cost es timate, and project schedule with the necessary docu mentation to begin the process of securing Federal, State, and grant project funding. Councilmember Powers moved and Councilmember Putaansuu seconded the motion to authorize the Mayor to sign the contract with Art Anderson Associates, Inc. in an amount not to exceed $15,000. Upon vote, the motion passed unanimously. Authorization for Mayor to Sign Contract with Geotechnical Engineer for Soils Investigation Required for Pre-design for Town Center Project and Parking Garage Publi c Works Director Dorsey presented the staff report, noting in Aug ust , th e Council approved Re so lu tio n No. 048 -08 , identifying a preferred site for a dow nt own parking garage. Proposed funding sources have been identified and a preliminary project scope is being prepared by City staff, in response to direction from the Council and Mayor. To accommodate the requirements for fund ing sources pertaining to a conceptu al project scope, budget, and sc hedule, the request is for aut hori zati on for the Mayor to sign a contract with a geotechnical consu lting firm, to be determined , in an amount not to exceed $15,000. This contract is for necessary geotechnical explorations as needed for Art Anderson A ssoc iates, Inc. to compl ete the first step in the conceptual design, project cost estimate, and project sc hedule with the necessary documentation to begin the process of securing Federal, State, and grant project funding. Councilmember Clauson moved and Councilmember Putaansuu seconded the motion to authorize the Mayor to sign a contract with a geotechnical consulting firm, to be determined, in an amount not to exceed $15,000. Upon vote, the motion passed unanimously . CITIZENS COMMENTS Tom O'Brien, South Kitsap School District Facility Director, th anked the Public Works crew for their quick res ponse regarding the recent problem at the Cedar Heights Jr. High School lift stat ion. COMMITTEE REPORTS Councilmember Olin moved and Councilmember Clauson seconded the motion to excuse Councilmember Powers from the November 25, 2008, Council meeting. Upon vote, the motion passed unanimously. Councilmember Powers moved and Councilmember Putaansuu seconded the motion to excuse Councilmember Olin from the Dec ember 9, 2008, Council meeting. Upon vote, the motion passed unanimously. Minutes ofNovember 12, 2008 Page 6 of6 Councilmember Clauson provided an update that the Finance Committee has been meeting regularly on the 2009 budget and will be ready to recommend the Budget to the full Council at the November 18 , 2008, study sess ion. He also complimented the st aff for trimming back on their needs . Councilmember Putaansuu announced the Utility Committee will meet on November 13, 2008, at 7:30a.m. at Myhre's. MAYOR'S REPORT Mayor Coppola provided a brief update on annexations into the City, and was working on an agreement between the City and Kitsap County regarding Bethel Corridor. REPORT OF DEPARTMENT HEADS Development Director Weaver an nounced the McCormick Woods Annexation Committee has received over 50 percent of the required petiti ons. ADJOURNMENT At 9 :39p.m. Mayor Coppola adjourned the meeting.