02/10/2009 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of February 10, 2009
7:00 P.M. CALL TO ORDER AND ROLL CALL
PRESENT: Lary Coppola, Mayor
Councilmembers: Mayor Pro-Tern Powers, Clauson, Chang, Childs, Colebank,
Olin, and Putaansuu
ALSO PRESENT: Commander Marti, Public Works Director Dorsey, Development
Director Weaver, City Clerk Kirkpatrick, Deputy City Clerk Rinearson, and City Attorney
Jacoby.
PLEDGE OF ALLEGIANCE
Art Mikelsen led the audience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
There were no citizen comments.
APPROVAL OF AGENDA
Councilmember Powers moved and Councilmember Clauson seconded the
motion approving the Agenda. Upon vote, the motion passed unanimously.
APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants #51151 through #51250 in the amount of $233,379.88;
January Payroll #142080 through #142141 in the amount of $482,934.38; and
Treasurer's check book in the amount of $1,632,810.10.
B. Approval of the January 20, 2009, Council Work Study Session Meeting Minutes
C. Approval of the January 27, 2009, Council Meeting Minutes
D. AdoptioB of ResolutioB l>fo. 011 O(}, 1'tl!thoriziBg the Mayor to 8igB Lease AgreemeBt
with Kelley ImagiBg Systems for City Hall Copiers (Kirkpatrielc)
E. Adoption of Resolution No. 012-09, Authorizing the Mayor to Sign the Assignment
of Contract Between One For All, Inc. and Kitsap Outdoor, Inc. for Landscaping
Services (Kirkpatrick)
Councilmember Clauson moved and Councilmember Childs seconded the
motion to continue item 4D to the February 24, 2009, Council meeting. Upon
vote, the motion passed unanimously.
Councilmember Olin moved and Councilmember Colebank seconded the
motion approving the Consent Agenda as amended. Upon vote, the motion
passed unanimously.
Minutes of February 10, 2009
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PUBLIC HEARINGS
Public Hearing on Ordinance No. 003-09. Regarding Street Vacation of Sidney
Road -Mist Ventures
City Clerk Kirkpatrick explained that there was a scrivener's error in noticing the Public
Hearing date. RCW 35.79.010, states: the Council shall by resolution fix a time when the
petition for vacation will be heard, which time shall not be more than sixty days nor less
than twenty days after the date of the passage of such resolution. Resolution No. 006-09,
should have set the date for the Public Hearing for the February 24, 2009, Council meeting.
Staff recommends that the Mayor open the public hearing and continue the matter to the
February 24, 2009, Council meeting.
Mayor Coppola opened the Public Hearing at 7:16 p.m. and announced the Public Hearing
would continue at the February 24, 2009, Council meeting.
Public Hearing Regarding Annexation of Sedgwick/Bethel Parcels
Development Director Weaver presented the staff report, noting twenty 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 right-of-
ways 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 City comprehensive plan and
zoning designations of Commercial as interim zoning and land use pending 2009
Comprehensive Plan amendments.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public
Hearing at 7:19 p.m.
PRESENTATION
Proclamation: Art Mikelsen
Mayor Coppola proclaimed Saturday, February 14, 2009, to be Art Mikelsen Day and called
upon all citizens of the City of Port Orchard to observe this day with appropriate recognition
thereof.
Mr. Mikelson thanked the Council for its support of youth programs, which teaches youths
sports basics.
Councilmembers and the Mayor voiced their appreciation of Mr. Mikelson's dedication to
the community, noting he set a prime example for future generations to follow.
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NEW BUSINESS
Adoption of Ordinance No. 004-09, Approving the Annexation Request for the
Sedgwick and Bethel Parcels
Development Director Weaver presented the staff report, noting a Public Hearing was
conducted earlier this evening regarding the annexation of thirty-nine parcels which total
approximately 64 acres and the associated right-of-ways located in the vicinity of the
intersection of Sedgwick Road and Bethel Road. Staff recommends adopting Ordinance No.
004-09.
City Attorney Jacoby explained that this request is being done prior to the Boundary
Review Board (BRB) completing their review and upon adoption, the ordinance would
become effective upon the completion of the BRB review period. City Attorney Jacoby
stated that the RCW's are not clear on whether the City adopts the Ordinance prior to BRB
review of it should be the other way. The City of Port Orchard is the only city in Kitsap
County that waits for the BRB review period and then adopts the Ordinance. City Attorney
Jacoby is working with Kitsap County's Attorney on creating procedures of how to proceed
with annexations in the future.
Councilmember Olin moved and Councilmember Powers seconded the motion
to adopt Ordinance No. 004-09, approving the Sedgwick & Bethel annexation
request of thirty-nine parcels that total approximately 64 acres and the
associated public right-of-way. Upon vote, the motion passed unanimously.
Adoption of Resolution No. 013-09, Authorizing the Mayor to Execute the
McCormick Woods Annual Septic Tank Maintenance Program Contract
Public Works Director Dorsey presented the staff report, noting on January 6, 2009, the
Public Works Department sent out Requests for Proposal (RFP) to three (3) local
contractors from the City's 2009 Small Works Roster for the McCormick Woods Annual
Septic Tank Maintenance Program, whereby 133 selected septic tanks are to be pumped-out
and serviced in 2009. All three RFP's included tax and were received by the Public Works
Department by 4:00 p.m. on January 20, 2009, as follows:
Hemley's Septic Tank Cleaning, Inc.
Northwest Cascade, Inc.
Kitsap Septic Pumping, Inc.
$28,814-45
$34,034.70
$35,387.31
$216.65/tank
$255.90/tank
$266.07/tank
Upon review of the bids received, Hemley's Septic Tank Cleaning, Inc. was determined by
staff to be the lowest qualified bidder with a total bid of $28,814-45 for the pumping and
servicing of 133 selected septic tanks at McCormick Woods. Since the bids received
exceeded the 2009 budget allowance, the scope of work was scaled back to 117 tanks only.
All three contractors were contacted and confirmed by phone that their respective price
quote per tank did not change given the scope reduction. Staff recommends the Council
authorize the Mayor to execute the McCormick Woods Annual Septic Tank Maintenance
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Contract with Hemley's Septic Tank Cleaning, Inc. in the amount of $25,348.05 for 117
selected tanks with the contract term beginning February 16, 2009 and ending February 15,
2010.
After a brief discussion, the Council directed staff to place the remaining 16 tanks on the
next Finance Committee Agenda for discussion on how to fund in 2009.
Councilmember Powers moved and Councilmember Childs seconded the
motion to authorize the Mayor to execute the McCormick Woods Annual
Septic Tank Maintenance Contract with Hemley's Septic Tank Cleaning, Inc. in
the amount of $25,354.05 for 117 selected tanks with the contract term
beginning February 16, 2009 and ending February 15, 2010. Upon vote, the
motion passed unanimously.
Approval for Public Works Director to Purchase Snow Plow
Public Works Director Dorsey presented the staff report, noting on January 13, 2009, the
Port Orchard City Council authorized by motion the purchase of a new replacement
truck/bed and snow plow (Business Item #7D). The Purchase Order for the truck and
dump bed has been issued and is within the not to exceed budget established. The final cost
quote for the snow plow (American Snow Plows Model #3910) has exceeded the previously
established not to exceed budget by $418.18. The Public Works Director requests approval
from Council to proceed with the purchase of the snow plow by revising the previously
approved not to exceed budget of $13,500.00 to $13,920.00.
Councilmember Clauson moved and Councilmember Colebank seconded the
motion to approve the Public Works Director to proceed with the purchase of
the snow plow by revising the previously approved not to exceed budget of
$13,500.00 to $13,920.00. Upon vote, the motion passed unanimously.
CITIZENS COMMENTS
There were no citizen comments.
COMMITTEE REPORTS
Councilmember Putaansuu announced the Utility Committee will meet on Thursday,
February 13, 2009, at 7:30 a.m. at Myhre's.
Councilmember Childs announced that the Tourism Committee will meet on Wednesday,
February 11, 2009, at 2:00 p.m. at City Hall. He announced the recent fundraiser at Hi-Joy
Bowl raised $400 for the South Kitsap Helpline.
Councilmember Colebank noted he attended the Kitsap Economic Development Alliance
annual Decision Maker's Breakfast and was inspired by the presentation of Bob Frank and
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Scott Reynvaan regarding the future of electric vehicles and catalytic converters for marine
engines.
Councilmember Colebank announced the South Kitsap Skate Park Association (SKSPA)
thanked the Council and Mayor for supporting the funding of the SKSPA and is looking for
donations to assist with building the park, which includes concrete, excavation,
construction materials, landscaping materials, and volunteers.
MAYOR'S REPORT
Mayor Coppola announced Commission Bauer is the new Kitsap County Housing Authority
Chair; that himself and the Public Property Committee members met with the Washington
Department of Transportation who provided a briefing on what grants were available to the
City, which they found helpful and productive.
REPORT OF DEPARTMENT HEADS
City Clerk Kirkpatrick reported that the City had been asked to move the airing of their
meeting from Thursday, February 12th to Friday, February 13th in order to allow the South
Kitsap High School "Live" air time to retire Marvin Williams' NBA Jersey; that the City
Council meeting videos are now available for viewing on the City's website.
Public Works Director Dorsey noted the Kitsap Regional Coordinating Council approved
the shift in the funding for the Seawall project from the Port Orchard Blvd project and
should be effective sometime in March.
Councilmember Powers moved and Councilmember Clauson seconded the
motion directing staff to prepare a proclamation for the February 24, 2009,
Council meeting Celebrating the Veteran's Home 99 years in business. Upon
vote, the motion passed unanimously.
Development Director Weaver will meet with the Sidney Museum Board on Thursday,
February 12, 2009, to discuss the parking garage proposal and answer their questions.
City Attorney Jacoby announced that Councilmember Clauson would serve as the City
Representative/Liaison for the union contract negotiations.
Mayor Coppola asked that Residential Parking Permits be discussed at the next work study
session of the Council.
At 7:59 p.m. Mayor Coppola reconvened the meeting after a ten-minute recess.
EXECUTIVE SESSION
At 8:10 p.m. Mayor Coppola recessed the meeting for a seventy-minute executive session
regarding potential litigation in accordance with RCW 42.30.110(1)(A). City Attorney
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Jacoby, Attorney Carol Morris, and Development Director Weaver were invited to attend
and the Mayor announced that no action would be taken as a result of the executive session .
ADJOURNMENT
At 9:20 p.m. Mayor Coppola adjourned the meeting.
Patricia J. Kirkpatrick, City Clerk