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03/24/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 24, 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: Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Wayne Senter led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Erik Shower, Executive Road Race Director requested approval to use a short portion of the City's right-of-way for the fifth annual Glenwood Road Race and thanked the Council for considering his application. APPROVALOFAGENDA The following were added to Business Items: • Discussion Item: Tremont Widening Project Funding • Discussion Item: Letter from Kitsap County Commissioner Garrido Councilmember Clauson moved and Councilmember Colebank seconded the motion approving the Agenda as an1ended. Upon vote, the nwtion passed unanin1ously. APPROVAL OF CONSENT AGENDA Councilme111ber Childs moved and Councihne111ber Putaansuu seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanin1ously. A. Approval of Claim Warrants Approval of Claim Warrauts #51394 through #51438 in the amount of $77,870.20 B. Approval of the March 10, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to April 21, 2009, at TOO p.m. at City Hall D. Approval of Public Event Application: Glenwood Road Race E. Adoption of Resolution No. 018-09, Delegating to the City Clerk Authority to Execute Certain Rental Agreements Subject to City Council Ratification F. Adoption of Resolution No. 020-09, Authorizing the Mayor to Execute Memorandum of Understanding with Teamsters Local No. 589 G. Adoption of Resolution No. 021-09, Approving the Renaming of the Joint Waste Water Treatment Facility H. Adoption of Resolution No. 022-09, Authorizing the Mayor to Execute Change Order No. 1 with NL Olson & Associates, Inc. for Tremont Medical Complex Left Turn Lane I. Adoption of Resolution No. 023-09, Adopting the 2009 Capitol Facilities Plan Presentations E.M.S. Levy-South Kitsap Fire & Rescue Chief Wayne Senter provided a brief report on the Emergency Medical Levy: • It is a six-year levy; • Voting is on May 19, 2009; • Renewal is for all the South Kitsap area, including the City of Port Orchard; • Maintain the current level of service of approximately thirty full-time employees; • Participate in a grant to hire an additional twelve E.M.T.'s; • Previous levy passed by 82%; and • If your home is valued at $300,000 the increase per month would be $3.50. In response to Councilmember Childs; Chief Senter confirmed the levy is strictly for hiring more EMT's rather than purchasing equipment, new stations, or vehicles. Kitsap Econo1nic Development Alliance RE: Stimulus Package Mary McClure and Bill Stewart with Kitsap Economic Development Alliance (KEDA) provided an update on Federal stimulus dollars as follows: • Ensuring Kitsap County utilizes its funding portion for the most economic impact; • Funding will be received from the State and distributed by a formula and through a competitive grant process; • Kitsap County has the fifth lowest unemployment rate in the State; • Kitsap County is designated to receive 14.5 million dollars for transportation needs to include upgrading terminals and vessels; • Kitsap Transit designated to receive funds to upgrade; • South Kitsap is the number one contingency project for industrial area cross connection; • Housing Authorities are set to receive stimulus funds in addition to justice assistance and school districts; • Expressed the importance of the Buy Local program is very crucial in how we get the second big economic impact; and • KEDA will be tracking all the stimulus money coming into Kitsap County and asking all agencies to share the information. PUBLIC HEARING Public Hearing Continued from March 10, 2009: Regarding Annexation of Geiger Road Development Director Weaver presented the staff report, noting two property owners, represented by Daniel Horovitz and Stephen Shepard, submitted a Petition for Annexation Minutes of March 24, 2009 Pa e of on February 11, 2009, to annex three parcels which total approximately 33.18 acres, and the associated rights-of-way, located in the vicinity of the intersection of Sedgwick Road and State Route 16. At ?:42 p.m. Mayor Coppola opened the Public Hearing. Daniel Horovitz, representing the applicants, thanked the Council for considering the annexation request, noting this area would be a good location for trails and low-income housing. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:48 p.m. Rescinding Adoption of that Portion of the Comprehensive Plan as it relates to Poplar Heights Rezone/Decker Appeal City Attorney Jacoby presented the staff report, noting that when the Council adopted Ordinance No. 042-08, amending the City's Comprehensive Plan, the amendments included changing the land use designation for the property at 215 Poplar Street from High Density Residential to Medium Density Residential. The property ovn1er filed an appeal with the Central Puget Sound Growth Management Hearings Board. The City now proposes to amend its Comprehensive Plan to restore the original land use designation. This Public Hearing was duly noticed in order to provide the general public with an oppo1tunity to comment on the proposed amendment, is held in accordance with RCW 36.70A.130(2)(b) and the settlement agreement between the City and the property owner, Kevin Decker. At 7:49 p.m. Mayor Coppola opened the Public Hearing. Karen Olson, the original developer, voiced opposition to the rezone for the property located at 215 Poplar Street. Shannon Driver voiced opposition to commercial business being allowed in a residential neighborhood. Gerry Harmon, 906 Kitsap Street, expressed concern that the City of Port Orchard may not be ready for a Hearings Examiner. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:55 p.m. Public Hearing: Regarding Annexation of McCormick Woods Development Director Weaver presented the staff report, noting property ovmers within McCormick Woods and The Ridge, Et Al, submitted a Petition for Annexation on March 18, 2009, to annex 871 parcels totaling approximately 1,297 acres contiguous to the City limits. Most of the parcels have a County Comprehensive Plan designation of Ul'ban Low-Density Residential, with minor areas designated Ul'ban Medium-High Density Residential, Ul'ban Minutes of March 24, 2009 Pa e of Low-Intensity Commercial-Mixed Use, and Urban Industrial. The County zoning designation is primarily Urban Low Residential (McCormick Woods), and Urban Cluster Residential (The Ridge). Both designations permit 4 -9 dwelling units per acre. The proposed annexation land is contiguous to property within the City of Port Orchard which is zoned Residential 8 and has a Port Orchard Comprehensive Plan designation of Residential Medium Density. Development Director Weaver thanked the Annexation Committee for their dedication and hard work. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at T59 p.m. At 8:07 p.m. Mayor Coppola reconvened the meeting after an eight-minute recess. BUSINESS ITEMS Adoption of Ordinance No. 008-09. Approving the Annexation of Geiger Road Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening regarding the annexation of three parcels, which total approximately 33.18 acres, and the associated right-of-ways, located in the vicinity of the intersection of Sedgwick Road and State Route 16, at the request of two prope1ty owners, represented by Daniel Horovitz and Stephen Shepard. With approval of this annexation, these properties will have a City of Port Orchard Comprehensive Plan interim designation of Residential High Density and an interim zoning designation of R20 single/multiple family detached/attached. Councilmember Clauson moved and Councilmember Powers seconded the motion to adopt Ordinance No. 008-09, approving the Geiger Road annexation request of three parcels that total approximately 33.18 acres and the associated public right-of-way, and the assumption of City indebtedness by the area to be annexed upon annexation. Councilme1nber Olin moved and Councilmember Chang seconded the 1notion to amend to include Planning Commission Rezone of RS to this annexation request of three parcels. Upon vote, the motion to a1nend failed with three affirmative votes and four dissenting votes. Council111embers Childs, Clauson, Colebank, and Putaansuu cast the four dissenting votes. Upon vote, the main motion passed with five affirmative votes and two dissenting votes. Councilmembe1•s Chang and Olin cast the two dissenting votes. Minutes of March 24, 2009 Pae of Adoption of Ordinance No. 009-09, Rescinding the Adoption of that Portion of the Comprehensive Plan as it Relates to Poplar Heights Rezone/Decker Appeal City Attorney Jacoby presented the staff report, noting in December 2008, the City Council adopted Ordinance No. 042-08, which contained extensive amendments to the City's Comprehensive Plan. One of those amendments changed the land use designation of the property at 215 Poplar Street from High Density Residential to Medium Density Residential. The landowner filed an appeal with the Central Puget Sound Growth Management Hearings Board. The current proposed ordinance would restore the land use designation to that which existed prior to the adoption of Ordinance No. 042-08. At 8:36 p.m. Mayor Coppola recessed the meeting for a ten-minute executive session regarding potential litigation in accordance with RCW 42.30.110(1)(i)(A). City Attorney Jacoby was invited to attend and the Mayor announced that action would be taken as a result of the executive session. Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to adopt Ordinance No. 009-09, amending the City's Comprehensive Plan Map and designating the property located at 215 Poplar Street as High Density Residential. Upon vote, the nwtion passed unanin1ously. Adoption of Resolution No. 024-09, Approving Special Funding Allocations from Hotel/Motel Tax Fund City Clerk Kirkpatrick presented the staff report, noting four organizations submitted applications for special funding, should excess funding becomes available in 2009. A review of the Lodging Tax Fund shows that the City projected the 2008 Hotel/Motel Tax Fund would receive $137,180; and the City paid out $116,399-48; leaving a balance of $20,780.52 to be carried forward into 2009. On Wednesday, March 11, 2009, the Lodging Tax Advisory Committee met to review the four special funding application requests and copies of the Committee minutes were provided to the Council for review, which reflect the Committee's recommendations. Councilmember Chang explained that the Lodging Tax Advisory Committee supported partial funding for summer feny service; however, no funding request had been received. Councilmember Olin moved and Councilmember Childs seconded the motion to adopt Resolution No. 024-09, approving the special funding allocation requests from the Port of Bremerton in the amount of $500; Port Orchard Chamber of Commerce in the amount of $5,000; Concerts by the Bay in the amount of $5,000; and City's Tourism Committee in the amount of $3,000, including the Committee's stipulations as noted in their March 11, 2009, meeting minutes; and authorizing the Mayor to sign the appropriate contracts or amendments. Councilmember Olin moved and Councilmember Colebank seconded the motion to amend that the City's Tourism Committee shall spend the designated $3,000 at the Con1mittee's discretion. Upon vote, the 1notion to antend passed unanimously. Upon vote, the main motion as amended passed unanimously. Adoption of Resolution No. 025-09, Transferring the Supervision of Building Department to the Planning Department Development Director Weaver presented the staff report, noting the proposal was prepared by the Planning Department in coordination with the Public Works Director and Human Resources staff to examine the potential of relocating the City of Port Orchard Building Department from the Public Works Depaitment to the Planning Department. The proposal would place building inspection and code enforcement under the Planning Depattment and reporting to the same Department head. The proposal would only impact the allocation of one (1) staff position of the Building Inspector from Public Works to Planning and would not propose to impact the office or the secretarial positions. The proposal before the City Council would be for transfer of the Building Department from Public Works to Planning, effective in 2009. The proposal is recommended after consideration of inter-department efficiencies, coordination of expertise and resources, allocation of workload, and ongoing educational and cettification maintenance requirements for the Building Department. Councilmember Colebank moved and Councilmember Putaansuu seconded the motion to adopt Resolution No. 025-09, authorizing the Mayor to execute the transfer of the Building Department from the Public Works Department to the Planning Department. Upon vote, the motion passed unanimously. Adoption of Resolution No. 026-09, Authorizing the Mayor to Execute Change Order No. 2 with BHC Consultants for 2008 Sewer Comp Plan Amendment Public Works Director Dorsey presented the staff report, noting on February 12, 2008, the City Council authorized the Mayor to sign a contract with BHC Consultants in the amount not to exceed $50,000 for the preparation of the 2008 Sanitary Sewer Comprehensive Plan. On December 23, 2008, the City Council authorized the Mayor to sign Change Order No. 1 to the BHC contract in an amount not to exceed $5,000. The Utility Committee has now determined that additional work associated with the 6-year CIP, odor control improvements at the McCormick Woods PS#2, and a Sewer Report for the Tremont Street Widening project (including sewer basin analysis at Sidney/Sedgwick) must be provided to complete the 2008 Sewer Comprehensive Plan that being the reason for Change Order No. 2. Councilmember Powers moved and Councilmember Colebank seconded the motion adopting Resolution No. 026-09, authorizing the Mayor to sign Change Order No. 2, with BHC Consultants in an amount not to exceed $43,000, for a Minutes of March 24, 2009 Pa e of revised total contract amount not to exceed $98,000. Upon vote, the motion passed unanimously. Adoption of Resolution No. 027-09, Authorizing the Mayor to Execute Contract with Michels Corporation for the 2009 Sewer TV & Lining Maintenance Public Works Director Dorsey presented the staff report, noting on February 12, 2009, the City issued a Request for Proposal to three (3) companies listed on the 2009 Public Works Small Works Roster. Two (2) bids were received prior to the February 27, 2009, deadline. C-More Pipe bid was determined to be "non-responsive" and Michels Corporation bid was determined to be the lowest responsible bidder. It was discovered that Root Foaming by contractors requires certification (WAC 16-228-1545), but Cities are not bound by the certification. The City will perform this task. A summary of the proposals received are as follows: Michels Corporation C-More Pipe Services A-1 Services, Inc. $ 178,440.66 Non-Responsive Bid Did Not Submit Bid Councilmember Childs moved and Councilmember Powers seconded the motion to authorize the Mayor to execute a contract with Michels Corporation for the 2009 Sewer TV & Lining Maintenance contract in the amount of $178,440.66, with the contract term beginning May 1, 2009 and ending December 31, 2009. Upon vote, the n1otion passed unanimously. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Geiger II-Geiger and Sedgwick Annexation Development Director Weaver presented the staff repo1t, stating a Notice of Intent to Petition for Annexation was received on March 6, 2009, to annex nine parcels totaling approximately 21.57 acres. The parcels are located in the vicinity of SE Sedgwick Road and Geiger Road SE. The parcels are in the City's currently recognized Urban Growth Area. Five parcels have a County Comprehensive Plan designation of Urban Low-Density Residential and zoning of Urban Low Residential (4-9 DU/Ac) and the remaining four parcels are designated Urban High-Intensity Commercial/Mixed Use in the County's Comprehensive Plan with a zoning designation of Highway/Tourist Commercial. Councilmember Powers moved and Councilmember Clauson seconded the motion to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of City indebtedness by the area to be annexed. Upon vote, the 1notion passed unanimously. Tremont Widening Project Funding Councilmember Clauson presented the staff repott, noting at the March 17, 2009 Work Study Session, the Council came to a consensus that it would be in the best interest of the City to withdraw its request for TIB funds for the Tremont Street Widening Project due to project delays and unforeseen cuts in the TIB's budget. Councilmember Clauson moved and Councilmember Colebank seconded the motion to withdraw the City's request for Transportation Improvement Board (TIB) Funds for the Tremont Street Widening Project due to project delays and unforeseen cuts in the TIB's budget and as requested by the Transportation Improvement Board. Upon vote, the motion passed unanimously. Discussion Item: Letter from Commissioner Garrido City Attorney Jacoby noted the annexation guidelines for the City of Port Orchard have been drafted and Councilmember Clauson voiced his concern with the growth of annexation, noting it would be in the City's best interest to have the Kitsap Regional Coordinating Council (KRCC) review the Interlocal Agreement with Kitsap County and surrounding cities. CITIZENS COMMENTS There were no citizen comments. COMMITIEE REPORTS Councilmember Powers reported that the Transportation Policy Committee has three projects that are under stimulus funding; however, none of them were for the City of Port Orchard. Councilmember Colebank expressed an interest in filling a vacant position on the Puget Sound Regional Council. MAYOR'S REPORT Mayor Coppola provided an update that he met with Mr. Gorcester, Washington State Department of Transpottation, to advise the City would be withdrawing its request of funds for the Tremont Street Widening. REPORT OF DEPARTMENT HEADS City Clerk Kirkpatrick thanked the Council for allowing herself and the Deputy Clerk to attend the Washington Municipal Clerk's Association annual conference, which focused on Leadership skills, Public Disclosure, Customer Service, and Parliamentarian training; and she advised she had received a summons for jury duty the week of April 6th. Minutes of March 24, 2009 Pa e of City Attorney Jacoby noted a handout was provided to the Council regarding governance alternatives for cities with a population of greater than 10,000 and explained that nothing would change unless the Council chose to go from a Second Class City to a Code City. Public Works Director Dorsey reported the Well No. 5 and Sea Wall project interviews were completed; and that Berger Abam would provide a brief update on the revised Tremont Widening Project at a future meeting. ADJOURNMENT At 9:53 p.m. Mayor Coppola adjourned the meeting.