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04/28/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of April 28, 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: Police Chief Townsend, Assistant City Engineer Archer, Development Director Weaver, City Treasurer Tompkins, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Dick Davis led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Patrick Lucas, 232 Goldenrod, voiced concern regarding a proposed increase in bridge toll for the Tacoma Narrows Bridge. Mayor Coppola explained that the City doesn't receive any revenue from the toll and suggested he speak with our local Representative Ted Hilliard who has an office in Bremetton. APPROVALOFAGENDA Councilmember Colebank moved and Councilmember Clauson seconded the 1notion to amend the agenda by moving Consent Item 4G to Business Iten1s. Upon vote, the motion to appl"ove with a1nendment passed unanin1ously. APPROVALOFCONSENTAGENDA Councilmember Childs moved and Councilmember Putaansuu seconded the motion approving the Consent Agenda as amended. Upon vote, the ,notion passed unanimously. A. Approval of Claim Warrants No. 51553 through No. 51611 in the amount of $213,651.10 B. Approval of the April 14, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to May 19, 2009, at 7:00 p.m. at City Hall D. Approval of Public Event: Kitsap Mustang Club E. Approval of Public Event: Fathoms O' Fun Grand Parade F. Approval of Carnival: Paradise Amusements C. ftdoption of Resolution No. 031 09, Aathorizing the Mayor to Exeeute Contraet El{tension with 8o~~nd Law Center, LLC for HeaFing El[aminer H. Adoption of Resolution No. 040-09, Supporting Federal Grant Funding for Tremont Widening/Gateway Project I. Adoption of Resolution No. 041-09, Supporting the Grant Applications for the Blackjack Creek Wilderness Trail and Authorizing the Mayor to Execute the Grant Applications J. Adoption of Resolution No. 042-09, Supporting the Grant Application for the Boating Facilities Program for the City Boat Launch and DeKalb Pier and Authorizing the Mayor to Execute the Grant Application K. Authorizing the Mayor to Execute Letter Granting Waiver to Display Banner for Cedar Cove Days the Week of June 9, 2009 PRESENTATION Proclamation: Silver Star Banner Day Mayor Coppola proclaimed May 1, 2009, as Silver Star Banner Day and read the proclamation into the record. PUBLIC HEARINGS Canceled: Public Hearing on Ordinance No. 010-09, Amending Port Orchard Municipal Code Title 16, Land Use Regulations Development Director Weaver presented the staff report, noting the City Planning Depmtment made an error in noticing the Public Hearing date, noting that the Public Hearing, as noticed, is canceled and will be re-noticed for a future meeting. Public Hearing: Ordinance No. 011-09, Regarding Annexation of McCormick Woods Development Director Weaver presented the staff repo1t, noting prope1ty owners 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. The parcels lie to the North and South of Old Clifton Road, to the west of Highway 16/Sedgwick Road interchange. Most of the parcels have a County Comprehensive Plan designation of Ui ban Low Density Residential, with minor areas designated U, ban Medium/High-density residential, Urban 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. Staff requests the Mayor open the Public Hearing and announce that the Public Hearing will be continued to the May 12, 2009, regular meeting. At T06 p.m. Mayor Coppola opened the Public Hearing, and there being no testimony, continued the Public Hearing to the May 12, 2009, Council meeting. NEW BUSINESS First Reading of Ordinance No. 012-09, Amending the 2009 Budget City Treasurer Tompkins presented the staff report, noting since the City needs to keep current on budget amendments and the City Council has taken action to authorize certain expenditures, it is necessary to amend the 2009 Budget. This is the first reading of Ordinance No. 012-09, amending the 2009 Budget: Minutes of April 28, 2009 Pa e of 1. The City Council approved a Storm Drainage phone survey in 2008, which was paid out of the Street budget and it is the Council's desire for the Storm Drainage Utility to reimburse the Street Fund. ($5,000) 2. The City Council authorized on December 23, 2008, an inter-fund loan for the Storm Drainage Utility Fund from the Water-Sewer Cumulative Reserve Fund. ($100,000) 3. The City experienced severe winter weather in December 2008, a dump truck ($125,500) and snow plow ($14,000) failed and on January 13, 2009 and February 10, 2009 the City Council approved purchasing new equipment. 4. The City received proposals higher than budgeted to pump 133 septic tanks in McCormick Woods to keep up with annual maintenance and on Februaty 10, 2009, the Council authorized 117 tanks to be pumped and stated it was their desire to have an additional 16 tanks pumped. ($3,500) 5. The City Council on February 24, 2009, approved the street vacation of Sidney Road-Mist Ventures ($92,000) and authorized 50% of the fee ($46,000) to go into the Designated Unreserved Fund Balance for Parks. 6. The City Lodging Tax Advismy Committee recommended on March 11, 2009, and the City Council authorized on March 24, 2009, additional funding allocations be distributed as follows: $5,000 to Chamber of Commerce, $5,000 to Concerts by the Bay, $3,000 to City of Pmt Orchard and $500 to Port of Bremetton. ($13,500) 7. The City Council on March 24, 2009, authorized a change order for additional work on the sewer comprehensive plan amendment to include the Sedgwick and Sidney Basin. ($20,500) 8. The City Council on March 24, 2009, authorized Public Works to have a turn lane designed and installed on Tremont Avenue for turns into the Tremont Medical Complex. ($15,000) 9. The City needs to address the defects in the I IVAC system and the Finance Committee directed on March 30, 2009, to move forward with providing a budget amendment, for Council consideration, for the repairs to be completed. ($10,000) 10. The City finds it necessary to authorize on April 28, 2009, an inter-fund loan for the Current Expense Fund from the Cumulative Reserve for Municipal Facilities Fund to temporarily cover expenses until revenues are received. ($200,000) Councilmember Clauson moved and Councilmember Putaansuu seconded the motion to direct staff to place Ordinance No. 012-09, amending the 2009 Budget on the May 12, 2009, Council consent agenda for action. Upon vote, the motion passed unanimously. Adoption of Resolution No. 043-09. Authorizing the Mayor to Execute Contract for Identity Theft Prevention Program -Red Flag Rule City Treasurer Tompkins presented the staff report, noting the Federal Trade Commission issued regulations requiring financial institutions and creditors to develop and implement written identity theft prevention programs by May 1, 2009, under the Fair and Accurate Credit Transaction Act of 2003 (FACTA). Municipal utilities are subject to these requirements and cities that operate utilities must adopt programs that meet the Minutes of April 28, 2009 Pae of requirement of FACTA. This is also referred to as the Red Flag Rule, which is a pattern, practice or specific activity that indicates the possible existence of identity theft. At this time the City does not require or keep customers' social security numbers or any banking information. At any time in the future if this information is required, our Identity Theft Prevention Program will need to be updated. Staff recommends the Council adopt Resolution No. 043-09, approving an Identity Theft Prevention Program shown in Exhibit A for the City of Port Orchard in order to be compliant with Federal law by May 1, 2009. Councilmember Clauson moved and Councilmember Powers seconded the motion to adopt Resolution No. 043-09, approving an Identity Theft Prevention Program. Upon vote, the motion passed unanimously. Adoption of Resolution No. 044-09, Authorizing an Inter-Fund Loan Between the Cumulative Reserve for Municipal Fact and the Current Expense Fund City Treasurer Tompkins presented the staff report, noting in 2009 because of the current economic environment the City of Port Orchard has been experiencing declining revenues. Our Current Expense Fund's two largest revenue sources are sales tax and prope1ty tax. On April 20, 2009, the Department of Revenue (DOR) contacted the City regarding some sales tax adjustments that will reduce the City's share of sales tax distribution at the end of April. Prope1ty tax payments are primarily made twice a year, with the City receiving its largest share in May and November. With the adjustment being taken by DOR from our April sales tax we have a gap in our cash flow. There is maybe a need to execute a temporary inter- fund loan of up to $200,000 to the Current Expense Fund until property tax revenues are received in May. There is money not obligated in the Cumulative Reserve for Municipal Facilities Fund that may be used for a temporary loan. There must be a reasonable rate of interest paid to the lending fund and the amount of .85% is set off the current earnings of the Washington State Investment Pool where the lending fund is currently invested. Staff recommends adoption of Resolution No. 044-09, authorizing an inter-fund loan transfer from the Cumulative Reserve for Municipal Facilities Fund to the Current Expense Fund. Councilmember Putaansuu moved and Councilmember Childs seconded the motion to adopt Resolution No. 044-09 authorizing the City Treasurer to make an inter-fund loan transfer from the Cumulative Reserve for Municipal Facilities Fund to the Current Expense Fund in an amount not to exceed $200,000, without additional Council authorization. Upon vote, the nwtion passed unanimously. Adoption of Resolution No. 045-09, Authorizing the Mayor to Execute a Contract with N .L. Olson & Associates for Bay Street Seawall Final Design Assistant City Engineer Archer presented the staff report, noting on March 12, 2009, the Public Works Department interviewed by phone three (3) selected consultants from the 2009 Consultant Roster for the preparation of the 2009 Bay Street Seawall Plans, Specifications and Estimate (PS&E) and Permitting. The firms interviewed were Parametrix, HDR, Inc. and N.L. Olson & Associates, Inc. The Committee unanimously Minutes of April 28, 2009 Pa e of selected N.L. Olson & Associates, Inc. On March 20, 2009, WSDOT Local Agencies approved the City's selection. On March 27, 2009, Public Works staff met with N.L. Olson & Associates, Inc. staff to define the project scope. Staff recommends that the City Council authorize the Mayor to execute a contract with N.L. Olson & Associates, Inc. in an amount of $49,700 plus $1,000 Reimbursable Expenses for an amount not to exceed $50,700 for the 2009 Bay Street Seawall Plans, Specifications and Estimate (PS&E) and Permitting. Councilmember Childs moved and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute a contract with N.L. Olson & Associates, Inc. in an amount not to exceed $50,700, from Arterial Street Fund, for the 2009 Bay Street Seawall Plans, Specifications and Estimate (PS&E) and Permitting. Upon vote, the motion passed unanimously. Adoption of Resolution No. 046-09, Authorizing the Mayor to Execute Contract with Road Runner Striping, Inc. for the Tremont Medical Rechannelization Assistant City Engineer Archer presented the staff report, noting on December 23, 2008, the City Council authorized the Mayor to execute a contract with N.L. Olson & Associates, Inc. for the Tremont Medical Complex Left Turn Lane design. On March 25, 2009, the City of Port Orchard Public Works Department selected three (3) contractors from the 2009 Small Works Roster and requested cost proposals from each company for the Tremont Medical Rechannelization. On April 7, 2009, Stripe Rite, Apply-A-Line, and Road Runner Striping, Inc. submitted bids as follows: Stripe Rite, Inc. Apply A Line Road Runner Striping, Inc. $12,839.24 incl. tax $ 8,215.59 incl. tax $ 7,602.00 incl. tax Upon review by staff, it was determined that Road Runner Striping, Inc. was the lowest qualified bidder with a bid of $7,602, including tax. Staff recommends that the City Council authorize the Mayor to execute a contract with Road Runner Striping, Inc. in an amount not to exceed $7,602, including tax for the Tremont Medical Rechannelization. Councilmember Chang moved and Councilmember Colebank seconded the motion to authorize the Mayor to execute a contract with Road Runner Striping, Inc. in an amount not to exceed $7,602, including tax, from the Street Fund, for the Tremont Medical Rechannelization. Upon vote, the motion passed unanimously. Approval of Public Event: Fathoms O' Fun Summer Festival Craft/Vendor Show City Clerk Kirkpatrick presented the staff report, noting each year several organizations request permission to close cettain City streets; request the use of City parking lots; or use City Parks. The Fathoms O' Fun Festival Inc. has submitted their application for the annual Minutes of April 28, 2009 Pa e 6 of Fathoms O' Fun Summer Festival/Craft Show public event to be held starting Thursday, June 25, 2009 and ending Sunday, June 28, 2009, using the City's Port Orchard Waterfront. City Depmtments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments. Staff recommends approving the public event application. Councilmember Colebank moved and Councilmember Childs seconded the motion to approve the public event application for the Fathoms O' Fun Summer Festival/Craft Show to be held on Thursday, June 25, 2009, and ending Sunday, June 28, 2009, for use of a portion of the City's waterfront. Upon vote, the motion passed unani1nously. Grant Application: Byrne Justice Assistance Police Chief Townsend presented the staff report, noting the Port Orchard Police Depa1tment is applying for a federal Byrne Justice Assistance grant for $47,554 that will be allocated for the purchase of a hybrid police vehicle, backfill of 5 hours per week for the court security officer, police bicycles, and computers and equipment for a southwest substation. This federal grant requires that the grant be presented at a public meeting of the City Council to allow public notice and input. Staff recommends allowing the presentation, as no action is required by the Council. Adoption of Resolution No. 031-09. Authorizing the Mayor to Execute Contract Extension with Sound Law Center. LLC for Hearing Examiner City Clerk Kirkpatrick presented the staff report, noting on March 12, 2008, the City entered into a professional services agreement with Mr. Ted Hunter of Sound Law Center, LLC fur Ilearings Exantiner services. The contract was fox one-year and Mr. Ilunter has agreed to continue as the City's Hearings Examiner for another year and asked for annual renewal for the next five years. Section 6. Termination of Agreement, states; a Contractor shall serve at the will of the Mayor and may be removed from the position upon written notice with or without cause; b. either party may terminate this Agreement with 30-days written notice to the other party. Staff recommends the Council authorize the Mayor to execute the contract extension with Sound Law Center, LLC for Hearing Examiner services. Councilmember Powers moved and Councilmember Colebank seconded the motion to adopt Resolution No. 031-09, authorizing the Mayor to execute a one-year contract extension with Sound Law Center, LLC for Hearing Examiner services to expire March 31, 2010. Upon vote, the motion passed unanimously. CITIZENS COMMENTS There were no citizen comments. Minutes of April 28, 2009 Pae of COMMITIEE REPORTS Councilmember Powers requested staff to set a meeting date for the Public Property Committee. Councilmember Childs announced the 21st Annual Seagull Calling Festival will be held on Saturday, May 2, 2009, at the Port Orchard Waterfront. In addition, there is a Seagull Wings Cook-off and Beverage Challenge at 1:00 p.m.; and the Shop SK First campaign will kick off Saturday, May 2, 2009, at McClendon's Hardware who is hosting a free pancake breakfast from 7:00 a.m. to 10:00 a.m. Councilmember Clauson announced May 9, 2009 to May 17, 2009, is national tourism week and students from West Sound Tech Center will be promoting tourism on our ferries and are training to be Kitsap Peninsula Visitor and Convention Bureau Ambassadors; and that on May 15, 2009, there will be an Art Walk starting from the Sidney Art Museum beginning at3:oo p.m. Councilmember Chang announced his attendance at the Downtown Revitalization and Main Street Approach seminar to be held in Vancouver, Washington. Councilmember Colebank announced the South Kitsap Skate Board Park Association received a $5,000 grant from the Tony Hawk Foundation. Councilmember Childs shared Cedar Cove Days was awarded $2,500 from the Norm Dicks Center Kitsap County Community Award. MAYOR'S REPORT Mayor Coppola spoke at the April Chamber of Commerce annual luncheon; attended the Mayor's Summit in Bremerton; and met with Congressman Norm Dicks regarding various projects the City is seeking Federal funding for, which included a short tour of City facilities. Employee of the First Quarter Debra Walker, Accounting Clerk, was awarded the Employee of the First Quaiter for her hard work and dedication in the Finance Department and the Mayor and Council voiced their congratulations. REPORT OF DEPARTMENT HEADS There were no reports from the Department Directors. ADJOURNMENT ~· Ma oc Coppol, adjomncd Lhc ~cc ting Patricia J. Ki ,patrick, CMC, City Clerk