Loading...
01/13/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 13, 2009 7:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tern Clauson, Chang, Childs, Colebank, Olin, Powers, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Dave LaRose led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Ken Lloyd urged the Council and Mayor Coppola to remain vocal in raising awareness and promoting the opportunity to give to the local food bank. Paul Drzewiecki, 1390 Cedar Canyon Place, voiced concern with the slow response of the City's garbage contractor, Waste Management, regarding recyclables. While he appreciated the work Waste Management does, he did not feel the organization had an adequate emergency communication plan in place to keep its customers informed of pickup dates during severe weather. Mayor Coppola shared his concern and stated he will contact Waste Management to discuss the matter further. APPROVAL OF AGENDA Councilmember Clauson moved and Councilmember Powers seconded the motion to approve the Agenda. Upon vote, the motion as amended passed unanimously. The following item was removed from the Consent Agenda and remanded to the Finance Committee for further consideration: • Adoption of Resolution No. 002-09, Authorizing the Mayor to Sign Contract for Window Replacement with Port Orchard Glass, LLC for Prospect Street Rental. Councilmemher Putaansuu moved and Councilmember Clauson seconded the motion to amend the agenda by removing item 4E and remanding to the Finance committee for further consideration. Upon vote, the motion to amend passed unanimously. APPROVALOFCONSENTAGENDA A. Approval of Claim Warrants #50966 through #51077 in the amount of $264,277.61; December Payroll #142019 through #142079 in the amount of $476,955.18; and Treasurer's check book in the amount of $2,795,661.61. B. Approval of the December 16, 2008, Work Study Session Meeting Minutes C. Approval of the December 30, 2008, City Council Meeting D. Adoption of Resolution No. 001-09, Authorizing the Mayor to Sign Contract with Code Publishing for Municipal Code Codification Services E. Adoption of Resoh1tion No. 002 09, ,'rl:lthoPizing the MayoP to Sign Contrnet fop 'Nindow R£plaeement with Port OFehaPd Glass, LLC fop Prnspeet StPeet R£ntal Councilmember Clauson moved and Councilmember Colebank seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. PRESENTATIONS Update: Port Orchard Library Kathleen Wilson provided a brief update on the Port Orchard Library, noting the following successes in 2008: • Reduction in library hours for a second year in a row would remain in effect. New hours effective January 1, 2009: On Thursdays, the Library will be open until 5:00 p.m. and on Saturdays from 1 p.m. to 5:00 p.m., which will allow the Library to remain open seven days a week and operating at 50 open hours per week. • The Library has teamed up with the South Kitsap School District and implemented a program to have all third-graders have a day at the library, which included a free book and library card. • 1600 children and teens participated in the summer reading program sponsored by the Port Orchard Library and 800 kids received a free book for reading a minimum of ten hours. • The Library started their "Did You Know" campaign, which promotes the Library to local residents to include the various programs available to children and adults alike. • The Library has a new program called "Art-A-Palooza," which allows the community the opportunity to learn about American Art. • The Library is doing its part to be green and they now offer recycled bags instead of plastic. Mayor Coppola and Councilmembers thanked Ms. Wilson for her dedication to the children and community. Update: South Kitsap School Levy Minutes of January 13, 2009 Pae of Dave LaRose, Superintendant of South Kitsap School District, introduced other members on the South Kitsap School Levy Committee Shawn Cucciardi, and Jay Rosapepe. Mr. LaRose voiced appreciation to the community for their leadership and guidance and explained that this is a four-year replacement levy that provides continued funding support for the School District's operating budget and he urged the community to show their support by voting Yes on February 3, 2009. Shawn Cucciardi urged the Council and Mayor to provide a resolution showing their support of the School District's replacement levy. He encouraged the community to contact him regarding any questions they may have on the levy, noting the School District has been doing an amazing job in educating local youths. Jay Rosapepe explained that the South Kitsap graduation average has increase by 90% and that the State's average increased by approximately 75%. He noted that South Kitsap students' WASL scores in all three areas of reading, writing, and math have increased for grades 4, 7, and 10 over the past eight years and attributed it to the steady levy funding. The Council invited the School District to present both sides of the levy matter at its January 27, 2009, Council meeting at which time the Council will determine its endorsement of the levy. PUBLIC HEARINGS Public Hearing Regarding Council District Formation City Attorney Jacoby presented the staff report, noting that on November 12, 2008, the Council held a Public Hearing for the purpose of providing the public with an opportunity to comment regarding the proposed division of the City into three Council wards. Public testimony was taken from Gerri Harmon and Gil Michael. The Council then moved to continue this matter to January 13, 2009, for a second Public Hearing and potential action. The City Attorney and staff have worked together to prepare the attached draft ordinance for Council's review and further direction to staff. The City Attorney worked with the Kitsap County Auditor's office to arrive at boundary descriptions that meet the necessary legal requirements and to revise the final maps. At 7:42 p.m. Mayor Coppola opened the Public Hearing. Gerri Harmon, 906 Kitsap, voiced her opposition of Council Districting, noting that it was moving forward to quickly and urged the Council to wait until the urban growth annexations have been completed. Richard A Brown, voiced his opposition of the Council Districting, noting this matter should be addressed after the McCormick Woods annexation as it might lead to the creation of additional wards. Minutes of January 13, 2009 Pae of Ron Rice urged the Council to consider the proposed Districts by names rather than numbers. There being no further testimony, Mayor Coppola closed the Public Hearing at 7=44 p.m. City Attorney Jacoby clarified that once the Council adopted the proposed Council Districts they could not be changed either 20-months after established or 120 days prior to a general election. Public Hearing Regarding Annexation of Sedgwick/Bethel Parcels Development Director Weaver presented the staff report, noting that 20-property owners, represented by Jim Miller, submitted a Petition for Annexation on January 9, 2009, to annex thirty-nine parcels which total approximately 64 acres; and the associated rights-of- way located in the vicinity of the intersection of Sedgwick Road and Bethel Road. The parcels either contain existing commercial uses, or the owners intend to extend additional commercial uses on their parcels. 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, with a County Comprehensive designation of Urban High-Intensity Commercial/Mixed Use and zoning of Highway Tourist/Commercial. One parcel, 022301- 4-035-2007, has a County Comprehensive Plan designation and zoning of Urban Low Residential. The applicants are requesting to be annexed with the City's Comprehensive Plan and Zoning designations of Commercial. At 7:51 p.m. Mayor Coppola opened the Public Hearing. Danny Horvits questioned whether or not the City has the sewer capacity to handle the commercial businesses in the proposed area. Development Director Weaver explained that the sewer capacity will be determined between West Sound Utility District and the City to ensure the most efficient way to supply sewer services to all the properties in that area. Richard A Brown noted this was the first glimpse of the City's ability to handle development on Bethel Road and voiced his support that the area should be zoned Commercial. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:55 p.m. NEW BUSINESS Adoption of Ordinance No. 049-08, Approving the Seabeck Pizza Rezone City Attorney Jacoby presented the staff report, explaining that a Public Hearing was conducted at the December 30, 2008, meeting to discuss the requested rezone of the subject property from Employment-Industrial/Office (EO) zone to Commercial- Retail/Office. The rezone would bring the property into compliance with its Comprehensive Plan designation and make it more compatible with neighboring zoning. The Planning Commission held a hearing on November 17, 2008, and recommended approval of the Minutes of January 13, 2009 Page 5 of g rezone, while approving a variance from the City's Critical Areas Ordinance, with conditions as set forth in Planning Commission Resolution 010-08. Further, City Attorney Jacoby spoke with the attorneys representing Lowes and Seabeck Pizza, who have agreed to continue to negotiate a possible access easement agreement. Due to the appearance of a conflict of interest, Councilmember Olin recused himself from the discussion and the dais at 7:58 p.m. After a brief discussion, the Council stated it was in Lowes and Seabeck Pizza's best interest to finalize the access easement and directed this matter to be continued to the January 27, 2009, meeting. Councilmember Clauson moved and Councilmember Powers seconded the motion to continue the Seabeck Pizza rezone to the January 27, 2009, Council meeting. Upon vote, the motion passed with five affirmative votes, one dissenting vote, and one abstaining. Councilmember Childs cast the dissenting vote and Councilmember Olin abstained. At 8:26 p.m. Councilmember Olin returned to the dias. Adoption of Ordinance No. 001-09, Establishing Council Districts City Attorney Jacoby presented the staff report, noting a Public Hearing was conducted earlier in the meeting. Councilmember Clauson moved and Councilmember Olin seconded the motion to adopt Ordinance No. 001-09, establishing Council Districts. Motion withdrawn by the maker of the motion with the support of the second. Councilmembers voiced the following concerns: • Waiting period of 20-months to review the boundaries of the wards • May not be the right time with the possible annexation of McCormick Woods • The matter should be remanded back to the Committee • If in a rapid growth time and would be best to hold off until the annexations are approved • The timing is not right and didn't like the idea of being forced to run in specific areas. • The City is still small enough that voters may not get a good representation of the City with the formation of Districts Councilmember Olin stated there is no good time to create Council Districts, stating this was not self serving on his part. In addition, his intent was to do it before the next census and readjust the boundary with the census population and possibly have more than three wards. Councilmember Clauson moved and Councilmember Chang seconded the motion to remand Ordinance No. 001-09, Establishing Council Districts to the Committee for further consideration. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmembers Powers and Olin cast the two dissenting votes. Appointinent of Mayor Pro-Tempo re for 2009 City Clerk Kirkpatrick presented the staff report, explaining that RCW 35.23.191 requires the Council at their first meeting of each calendar year to appoint a Mayor Pro-Tempore from the current Councilmembers. Councilmember Childs nominated Councilmember Colebank as the Mayor Pro-Tempore. Councilmember Clauson nominated Councilmember Powers as the Mayor Pro-Tempore. Councilmember Clauson moved and Councilmember Chang seconded the motion to elect Councilmember Powers as the Mayor Pro-Tempore for 2009. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Childs cast the dissenting vote. Discussion Item: Truck and Snow-Plow Replacement Public Works Director Dorsey explained that on January 7, 2009, the Finance Committee reviewed and discussed several truck and snow plow replacement options (both new and used) for the truck (1984 GMC) and plow that ceased operating during the 2008 winter storm. The 1984 GMC is currently owned by Water/Sewer and is proposed to be replaced from the Water/Sewer Operating Fund. The snow plow is proposed to be replaced from the Cumulative Reserve for Equipment Replacement Fund (Street Category). The Finance Committee directed staff to obtain cost estimates to purchase new equipment rather than used equipment. Staff presented the following price quotes on new equipment: Truck Chassis & 10-CY Dump Bed: 2009 International 7400, 310 HP 10-CY Dnmp Bed Snow Plow: American Snow Plow #3910 $83,455.10 (incl. tax) $41,071.64 (incl. tax) $124,526.74 $12,871.47 (inc. tax) TOTAL NTE $125,500 NTE $ 13,500 NTE $139,000 Councilmember Clauson explained that the Finance Committee felt it wonld be an appropriate use of public funds to purchase a new vehicle and snow plow rather than older surplus equipment. Minutes of January 13, 2009 Pa e of Councihnember Colebank moved and Councilmember Clauson seconded the motion to purchase a new truck chassis and 10-cy dump-bed and snow plow through the State contract. Upon vote, the motion passed unanimously. Discussion Item: Tremont Widening Project Update Public Works Director Dorsey reported on his meeting with the Washington Department of Transportation (WADOT) to discuss funding options, which resulted in a second meeting between the City, DOT and Berger Abam. Staff will provide an update at the January 27th Council meeting. Public Works Director Dorsey reported that he had spoken with WADOT regarding the signals at Sidney and Bay Street. This is a State project and they have advised that the sidewalks and signal synchronization should be in place by next month. At the request of Council, Mr. Dorsey will check the synchronization of the Lowe's signal on Sedgwick. Council Retreat date At the request of the Mayor, the Council directed staff to advertise a Council Retreat for Friday, February 20, 2009, from 10:00 a.m. to 2:00 p.m. at City Hall to discuss goals and objectives. City Attorney Jacoby will facilitate the meeting. CITIZENS.COMMENTS Richard A Brown clarified that an intersection onto Sedgwick was part of the original application and would be located approximately 150 feet west of the Lowe's intersection. Judd Turner with the Sidney Art Museum, voiced concern with the proposed parking garage plans and inquired as to how it will affect the Museum, which is a historical landmark. Gerri Harmon voiced concern with the synchronization of the lights at Ridgemont Terrace, noting the wait times during certain times of day cause significant traffic delays. Gary Anderson voiced support of the Bethel Road annexation, noting it will be a major asset to the City. COMMITTEE REPORTS Councilmember Childs announced that the Tourism Committee will meet on Wednesday, January 14, 2009, at 2:00 p.m. at City Hall. Councilmember Putaansuu announced the Utility Committee will meet on Thursday, January 29, 2009, at 7=30 a.m. at Myhre's. Councilmember Clauson advised the ribbon cutting ceremony for the new urgent care wing at the Harrison Medical Center was a first class affair. He congratulated the facility on the new wing, which boasts state-of-the-art equipment. Councilmember Powers announced her appointment as an alternate on the Puget Sound Regional Council and as such represents the cities of Port Orchard, Poulsbo, and Bainbridge Island. Councilmember Chang voiced support of Plan C for ferry funding issues and encouraged the Council to support the same. MAYOR'S REPORT Mayor Coppola reported on the following activities: • Attended the Harrison Medical Center ceremony, which now boasts a 24-hour, 7- days a week Urgent Care facility for South Kitsap residents. • Met with the Farmers Market Association to discuss creation of a year-round Farmers Market in the downtown area. • Working to bring a Boat Show in April to the Port Orchard Marina. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey noted the following project updates: • Leachate Contract is in the negotiation process and hopes to have it on the January 27, 2009, agenda. • In the process of requesting the Port Orchard Blvd sidewalk grant money be shifted to the Seawall project from the Kitsap Regional Coordinating Council. • Working on putting the Tremont Widening Project on the 2-year list for the stimulus package • Submitted paperwork to apply for storm recovery funds Development Director Weaver provided an update on the Sedgwick and Bethel annexation, noting staff continues to receive petitions, which will go before the Boundary Review Board and Council shortly. Minutes of January 13, 2009 Pae of City Attorney Jacoby provided Council with copies of documents relating to the Decker Appeal. ADJOURNMENT At 9:36 p.m. Mayor Coppola adjourned the meeting. r~1;; .... c/J I 1/i .. ~1 ;~~;i~~~ 'J:' ~i~k1!ri~~;{c~r~ 1 ..