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05/12/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of May 12, 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 Senator Derek Kilmer led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Ron Bates, 204 Rockwell Avenue, voiced his opposition of the storm drainage fees. Mayor Coppola and Public Works Director Dorsey explained to Mr. Bates that the storm drainage program is federally mandated. Kathleen Wilson, 389 Golden Pond, invited the community to Port Orchard's First Annual Art Walk, which will be held on Friday, May 15, 2009, from 4:00 p.m. to TOO p.m. APPROVAL OF AGENDA Councilmember Childs moved and Councilmember Clauson seconded the motion approving the Agenda. Upon vote, the motion passed unaninwusly. APPROVAL OF CONSENT AGENDA Councihnember Putaansuu moved and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants# 51612 through #51694 in the amount of $280,733,44; April Payroll Warrants #142264 through #142323 in the amount of $439,366.62; and Treasurer's check book in the amount of $1,392,153.31. B. Approval of the April 21, 2009, Work Study Session Minutes C. Approval of the April 28, 2009, Council Meeting Minutes D. Second Reading and Adoption of Ordinance No. 012-09, Amending the 2009 Budget E. Adoption of Resolution No. 047-09, Relating to Federal Grant Funding Request for the Blackjack Creek Wilderness Trail PRESENTATION Presentation: Post Legislative Wrap-up Senator Derek Kilmer voiced his appreciation of the Council's paiticipation during the legislative session, stating he valued the partnership. He provided a brief report on the following: Minutes of May 12, 2009 Pa e 2 of 8 • Managing the economic downturn • Balanced budget despite declining State revenues • Positioning the State for economic recovery • Investing in infrastructure without increasing taxes • Investing in higher education, especially high tech jobs • Sustainable ferry systems • Assisting military members and family members Senator Kilmer encouraged the Council to remain involved in legislative issues and looked forward to working closely with the City during the next session. Proclamation: Mrs. Port Orchard Mayor Coppola presented the proclamation to Amy Schroder, Mrs. Port Orchard, who thanked the Council for their continued support. Certificates of Appreciation to McCormick Woods Homeowners Association City Development Director Weaver presented the Ce1tificates of Appreciation to Dick Davis of the McCormick Woods Homeowners Association for all the volunteers in appreciation of the hard work and dedication in making the annexation possible. Dick Davis, McCormick Woods Homeowners Association, thanked the Council and staff for their continued suppo1t. Presentation: Kitsap Concierge Program 2009 Grant Griffin provided a brief report on their new program supporting tourism, The Kitsap Concierge Program, which they hope will increase the number of visitors to the local Kitsap communities. They will be working with the State ferry systems, the Suquamish Tribe, and West Sound Tech Center in promoting County tourism. PUBLIC HEARINGS Public Hearing: Ordinance No. 011-09, Regarding Annexation of McCor111ick Woods, The Ridge, et al; A-19-09 Development Director Weaver presented the staff report, noting property owners within McCormick Woods and The Ridge, et al, submitted a Petition for Annexation on March 18, 2009, to annex 1,283 parcels totaling approximately 1,675.98 acres contiguous to the City limits. The parcels lie to the n01th and south of Old Clifton Road, and to the west of Highway 16/Sedgwick Road interchange. At T53 p.m. Mayor Coppola opened the Public Hearing. Ron Bates, 204 Rockwell Avenue, questioned whether or not the intent was to use the annexation as a way to increase the City's bonding power in order to build a parking garage. Minutes of May 12, 2009 Pa e of 8 There being no fmther testimony, Mayor Coppola closed the Public Hearing at T54 p.m. Public Hearing: Regarding Lowe's HIW, Inc. Sanitary Sewer Pump Station (Latecomer) Developer's Agreement Public Works Director Dorsey presented the staff repott, noting RCW 35.91 and City of Port Orchard Ordinance No. 1852, allows a person or persons (developer) contemplating the construction of a road extension, storm water system, sewer line or water main to enter into a Developer's Agreement, whereby the Developer is entitled to reimbursement for a fifteen (15) year period for a pro rata share of the construction costs of the improvements constructed. Reimbursement charges are to be assessed against Benefitted Non- Contributing Properties, paid to the City upon connection to the System and remitted to the Developer. Staff recommends opening the Public Hearing. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at ?:56 p.m. NEW BUSINESS Adoption of Ordinance No. 011-09, Approving the Annexation of McCormick Woods, The Ridge, et. al. with Comp Plan/Zoning Designations Development Director Weaver presented the staff report, noting the Public Hearing for approval of City Council Ordinance No. 011-09, for the annexation of 1,283 parcels which total approximately 1,675.98 acres, and the associated right-of-ways at the request of the McCormick Woods, The Ridge, et al, was heard earlier in the meeting. The parcels are located in the vicinity of Sections 4, 5, 8, 9, 16, and 17 of Township 23 North, Range 1 East. The parcels lie to the north and south of Old Clifton Road, to the west of Highway 16/Sedgwick Road interchange. Staff recommends adoption of Ordinance No. 011-09. Councilmember Clauson moved and Councilmember Powers, Putaansuu, Childs, Colebank, Olin, and Chang seconded the motion to adopt Ordinance No. 011-09, approving the McCormick Woods, the Ridge, et al, petition for annexation of 1,283 parcels, which total approximately 1,675.98 acres, and the associated right-of-ways. Upon vote, the motion passed unaniniously. Adoption of Resolution No. 048-09, Authorizing the Mayor to Execute Latecomer Agreement for Lift Station and Sewer Main Extension under Sedgwick Road Development Director Weaver presented the staff report, noting on June 23, 2008, the City of Port Orchard Public Works Department accepted a Bill of Sale for the recently completed regional sanitary sewer pump station and appmtenances located at the Lowe's HIW, Inc. (Lowe's) Sedgwick store. On August 19, 2008, Lowe's requested the necessary documentation to prepare a Developer's (Latecomer's) Agreement pursuant to RCW 35.91 and City of Pott Orchard Ordinance No. 1852. On May 12, 2009, the City of Pott Orchard • Minutes of May 12, 2009 Pa e of 8 held a Public Hearing pursuant to the requirements of RCW 35.91 and City Ordinance No. 1852. Staff recommends that the City Council authorize the Mayor to execute the Resolution for the Lowe's Developer's Agreement for Reimbursement for a Regional Sanitary Sewer Pump Station with Lowe's HIW, Inc. Councilmember Childs moved and Councilmember Colebank seconded the motion to adopt Resolution No. 048-09, authorizing the Mayor to execute the Developer's (Latecomers) Agreement for Reimbursement for a Regional Sanitary Sewer Pump Station with Lowe's HIW, Inc. Upon vote, the ntotion passed unanimously. Adoption of Resolution No. 049-09, Revising the Job Descriptions for the Positions of City Clerk/Assistant to the Mayor and Human Resources Coordinator City Clerk Kirkpatrick presented the staff repott, noting that from time to time staffing needs and responsibilities change and requires job description updates. Currently, the Human Resource (HR) Coordinator reports and is supervised by the City Clerk/ Assistant to the Mayor and it is the desire and intent for this position to report directly to and be supervised by the Mayor. In addition, the City Clerk has taken on the added responsibilities of overseeing and administering tourism, marketing, advertising, and public relations work on behalf of the City. Revised job descriptions for the positions of City Clerk/ Assistant to the Mayor and HR Coordinator have been provided for Council's review and consideration. Staff recommends the Council adopt Resolution No. 049-09, revising the job descriptions for the positions of City Clerk/ Assistant to the Mayor and HR Coordinator. Councilmember Colebank moved and Councilmember Powers seconded the motion to adopt Resolution No. 049-09, revising the job descriptions for the positions of City Clerk/Assistant to the Mayor and HR Coordinator as described in the attached Exhibits A and B respectively. Upon vote, the motion passed unanimously. Adoption of Resolution No. 050-09, Authorizing the Mayor to Execute an Agreement with the Kitsap Regional Library District City Clerk Kirkpatrick presented the staff report, noting the City Clerk's office has been working with the Kitsap Regional Library (KRL) District to update the existing, outdated agreement between the City and KRL for use of the building located at 87 Sidney Avenue, which currently houses the Port Orchard Library. A copy of the original agreement, dated January 1964, was included in the packet for Council's review. The Finance Committee, City Attorney, and Kitsap Regional Library District have reviewed the proposed agreement and the patties are amenable to the terms as written. The proposed agreement shall be in effect for five-years with an option to renew for one additional five- year period upon written agreement of the parties. Staff recommends authorizing the Minutes of May 12, 2009 Pa e of8 Mayor to execute the agreement with the Kitsap Regional Libraty for use of the building located at 87 Sidney Avenue, which currently houses the Port Orchard Library. Councilmember Powers moved and Councilmember Childs seconded the motion to adopt Resolution No. 050-09, authorizing the Mayor to execute an Agreement with the Kitsap Regional Library District for use of the building located at 87 Sidney Avenue, which currently houses the Port Orchard Library for a five-year term ending on May 31, 2014. Councilmember Clauson moved and Councilmember Powers seconded the motion to add the language that both parties will name the other as an additional insured on their insurance policy. Upon vote, the motion to amend passed unanimously. Upon vote, the motion as amended passed unanimously. Adoption of Resolution No. 051-09, Authorizing the Mayor to Execute A Contract with the City Clerk Regarding Partial Salary Reimbursement from the Hotel/Motel Tax Fund City Clerk Kirkpatrick presented the staff report, noting during the 2009 budget process, the Finance Committee discussed and recommended to the Council to increase the Mayor from part-time to full-time employment, utilizing Hotel/Motel Tax funding to support the salary and benefits for the first six months in 2009. After several meetings with the State Auditor's office, it became apparent that tourism promotion is a part of evety Mayor's job and it would be difficult to identify time the Mayor spent on tourism promotion that was over and above his current duties. However, the Auditor's office determined that Hotel/Motel Tax funding could be used to offset a staff member's salary so long as the tourism-related work was currently not a part of their regular duties. Staff recommends the Council authorize the Mayor to execute a Funding Agreement with the City Clerk regarding the use of Hotel/Motel Tax money to pattially offset the City Clerk's salaty and benefits. Councilmember Clauson moved and Councilmember Colebank seconded the motion to adoption Resolution No. 051-09 authorizing the Mayor to execute a Funding Agreement with the City Clerk regarding the use of Hotel/Motel Tax money to partially offset the City Clerk's salary and benefits in an amount not to exceed $20,000. Upon vote, the motion passed unanimously. Adoption of Resolution No. 052-09, Authorizing the Mayor to Execute A Contract with the Port Orchard Independent as the City's Official Newspaper City Clerk Kirkpatrick presented the staff report, noting annually, RCW 35.21.875 requires each city or town to designate an Official City Newspaper. The newspaper shall be of general circulation within that city or town and shall have been published regularly, at least once a week. Request for Newspaper Publication Services was published April 10, 2009, Minutes of May 12, 2009 Pa e 6 of 8 and two bids were received from the Port Orchard Independent and the Kitsap Sun as follows: Port Orchard Independent: Price per column inch Cost per additional line Legal notices on website 2008 $2.95 $0.00 2009 $2.95 $0.33 $0.00 Circulation Numbers as Audited by Circulation Verification Council: Total Circulation Number 18,333 18,291 City of Port Orchard 2,245 2,495 Urban Growth Area 4,770 5,155 Kitsap Sun: Price per column inch Cost per additional line Legal notices on website 2008 $3.17 NA $7.00 2009 $3.19 NA $7.00 Circulation Numbers as Audited by Audit Bureau of Circulations: Total Circulation Number 18,333 18,291 City of Port Orchard 2,417 2,271 Urban Growth Area 3,316 3,117 Staff recommends that the City designate the Port Orchard Independent as its Official Newspaper in accordance with P01t Orchard Municipal Code Chapter 1.16. In response to Councilmember Chang, City Clerk Kirkpatrick noted Mayor Coppola and AWC are currently working with the State legislature to allow legal notices to be published online as well as printed. Councilmember Colebank moved and Councilmember Childs seconded the motion to adopt Resolution No. 052-09, designating the Port Orchard Independent as the City's Official Newspaper in accordance with Port Orchard Municipal Code Chapter 1.16. Upon vote, the motion passed unanimously. Adoption of Resolution No. 053-09, Authorizing the Mayor to Execute A Contract with the Port of Bremerton Regarding use of Hotel/Motel Tax Funds for Foot Ferry Service During the Kitsap Harbor Festival City Clerk Kirkpatrick presented the staff report, noting on December 9, 2008, the Council adopted its 2009 Budget, which included Hotel/Motel Tax Fund distributions for the 2009 tourism season. On March 11, 2009, the Lodging Tax Advisory (LTA) Committee reviewed four supplemental requests for Hotel/Motel Tax Funds, if any were to become available in 2009. In fact, the Hotel/Motel Tax revenue in the amount of $21,775.86 was carried over from 2008 in unallocated funds. During its meeting on March 11th, the LTA Committee Minutes of May 12, 2009 Pa e of 8 discussed the reduction of foot ferry services on Sundays between Port Orchard and Bremerton due to the declining economy. The LTA Committee indicated its support to use the remaining 2008 cany over funds for foot feny services, especially on special event weekends. Staff recommends the Council authorize the Mayor to execute the Civic Festival Funding Agreement with the Port of Bremerton regarding use of Hotel/Motel Tax for operation of the foot feny between Pait Orchard and Bremerton during the Kitsap Harbor Festival, which is expected to bring in many tourists. Counciln1en1ber Chang moved and Councihne111ber Colebank seconded the motion to authorize the Mayor to execute the Civic Festival Funding Agreement with the Port of Bremerton regarding use of Hotel/Motel Tax for foot ferry services to transport tourists to/from the festival events to be held over the Memorial weekend in an amount not to exceed $1,300. Upon vote, the n1otion passed unanin1ously. CITIZENS COMMENTS Ron Bates, 204 Rockwell Avenue, voiced his opposition to paying storm drainage fees. COMMITTEE REPORTS Councilmember Chang reported the Downtown Revitalization and Main Street Approach semmar was very informative and is willing to share information with other Councilmembers. Councilmember Childs announced the City's Tourism Committee will meet on Wednesday, May 13, 2009, at 2:00 p.m. at City Hall; and Delilah has donated $2,000 towards downtown beautification. Councilmember Childs moved and Councilmember Colebank seconded the motion to authorize the Finance Department to include flyers of Cedar Cove Days in the utility billing cycles for June and July. Councilmember Putaansuu moved and Councilmen1ber Olin seconded the motion to postpone authorization of the Finance Department to include Cedar Cove Days flyers in the utility billing cycles for June and July to the May 26, 2009, Council meeting. Upon vote, the motion passed unanimously. MAYOR'S REPORT Mayor Coppola repo1ted that the Kitsap County Consolidated Housing Authority is close to a possible financial solution; that he attended the Shop SK First pancake breakfast and participated as a Judge for the Seagull Calling Festival; attended the Boys and Girls Auction; met with a Kitsap Regional Library Board Director and had lunch with Senator Patty Murray's staff. Minutes of May 12, 2009 Pa e 8 of8 Mayor Coppola announced Delilah was willing to donate the paint need to help paint the town if volunteers could be coordinated. REPORT OF DEPARTMENT HEADS Development Director Weaver reported he has applied for a Home Depot grant for materials that could go towards the downtown revitalization projects and announced the South Kitsap School District has released their capital facilities plan and staff would begin the process in developing an ordinance to collect school impact fees. Public Works Director Dorsey announced that the snow plow is here and will be used during spring cleanup week starting June 8, 2009. Patricia J. Ki kpatrick, CMC, City Clerk