05/26/2009 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of May 26, 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 Clerk Rinearson, and City Attorney Jacoby.
PLEDGE OF ALLEGIANCE
Vivian Henderson led the audience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
There were no citizen comments.
APPROVAL OF AGENDA
Councilmember Clauson moved and Councilmember Putaansuu seconded the
motion approving the Agenda. Upon vote, the motion passed unaninwusly.
APPROVALOFCONSENTAGENDA
Councilmember Chang moved and Councilmember Colebank seconded the
motion approving the Consent Agenda. Upon vote, the ,notion passed
unanimously.
A. Approval of Claim Warrants No. 51695 through No. 51767 in the amount of
$126,917-46
B. Approval of the May 12, 2009, Council Meeting Minutes
C. Setting Meeting for Work Study Session to June 16, 2009, at 7:00 p.m. at City Hall
D. Adoption of Resolution No. 054-09, Authorizing the Mayor to Execute an Interlocal
Agreement with Kitsap County for Drug Task Force
E. Approval of Public Event: Cedar Cove Days
F. Approval of Public Event: Saints Car Club
G. Approval of Public Event: .Fathoms O' Fun Festival by the Bay
PRESENTATION
Presentation: Cedar Cove Days Cindy Lucarelli
Executive Director Cindy Lucarreli provided a brief update on the Cedar Cove Days event
happening in August. Currently, thirteen bus tours have been sold, the Gala Cruise ticket
sales have picked up, and more than 114 tickets sold for the Up Close Chat with author
Debbie Macomber. There will be over 40 vendor booths, and their volunteers are
organizing and getting ready for the event. She thanked the community for their ongoing
support for this event.
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PUBLIC HEARINGS
Public Hearing: Walton Open Space Reguest
Development Director Weaver presented the staff report, noting on March 6, 2009, the
Port Orchard Planning Department received an email and a staff report from the Kitsap
County Assessor regarding an application for a total of 9 acres requesting to be designated
as Current Use Open Space Tax Classification. Ms. Walton made an application in
November 2007, to the Kitsap County Assessor for the classification of APN# 352401-2-
036-2000, five acres of undeveloped land and APN# 352401-2-037-2009 which is also five
acres but contains a single family residence, with only 4 acres qualifying under the Kitsap
County tax criteria. Both parcels are zoned RS (8 units per acre) residential medium
density.
The City Council was briefed on the Open Space request at their regular Work Study
Meeting on April 21, 2009, and supported staff processing the request through the Public
Property Committee, the Finance Committee, and Planning Commission prior to bringing
forward for final review at a regular City Council meeting.
The Finance Committee considered and approved the Proposal at their April 22, 2009,
meeting; the Public Prope1ty Committee considered and approved the Proposal at their
May 6th meeting; and the Planning Commission considered and approved the Proposal and
public testimony at their May 18th, 2009 meeting.
At 7:15 p.m. Mayor Coppola opened the Public Hearing.
Vivian Henderson of Port Orchard voiced her objection to allowing the property to become
designated as Open Space, noting that it was unfair for other tax payers to bear the tax
burden.
Lori Walton 204 Melcher Street, explained that she is the owner of the property in question
and that she is seeking the City's supp01t in order to keep the property in its natural state,
as she has no desire to develop the property.
Diane Hube1t and Ali Larson voiced their suppo1t to keep the property in its current natural
state.
Dawn Gormer voiced her suppo1t of the Open Space request, noting that it was amazing
that the taxes are so high on undeveloped land with wetlands.
There being no further testimony, Mayor Coppola closed the Public Hearing at 7:25 p.m.
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NEW BUSINESS
Authorization for Finance Department to Include Cedar Cove Days Flyers with
Utility Billing Cycle for June and July
City Clerk Kirkpatrick advised that at its May 12, 2009, Council meeting, the following
motion is still before the Council:
Councilmember Childs moved and Councilmember Colebank seconded the
motion to autho1•ize the Finance Depa1·tment to include flye1·s of Cedar Cove
Days in the utility billing cycles for June and July.
City Attorney Jacoby clarified that an email had been sent to Council stating there were no
legal impediments so long as the inse1t does not add to the mailing costs. Further, at the
direction of the Utility Committee, the City Attorney will draft a policy on future use of
flyers in the City's utility billing, which he will bring forward at a future meeting for
consideration.
Upon vote, the motion passed unani1nously.
Adoption of Ordinance No. 013-09. Authorizing the Issuance of Fireworks
Permit to Arrow Fireworks. Inc.
City Clerk Kirkpatrick presented the staff report, noting Port Orchard Municipal Code
5.60.040 provides that only seven licenses shall be issued annually in the City. With the
annexation of Sedgwick and Bethel Road, which includes Fred Meyers, it was unforeseen
that the fireworks stand at Fred Meyers would be seeking a license pursuant to POMC
5.60.040. Staff recommends approving the Fireworks Permit to Arrow Fireworks, Inc.
Councilmember Powers moved and Councilmember Colebank seconded the
motion to approve Ordinance No. 013-09, authorizing the issuance of a
Fireworks Permit to Arrow Fireworks, Inc., located at 1353 Olney Avenue,
upon the approval of the South Kitsap Fire & Rescue. Upon vote, the motion
passed unanimously.
Adoption of Resolution No. 055-09. Authorizing the Mayor to Execute Change
Order No. 1 with Caseco Associates Inc. Regarding Cline Street Repairs
Public Works Director Dorsey presented the staff report, noting on December 23, 2008, the
City Council adopted Resolution No. 067-08, thereby authorizing the Mayor to sign a
contract with Caseco Associates, Inc. for the Cline Street Repairs, which consisted of paving,
grading, curb/ gutter and sidewalk improvements located along the east side of Cline Street
between Dwight Street and Kitsap Street. The total bid for the project was $75, 214. Upon
completion of the work, a change order in an amount of $4,615 was submitted by Caseco
Associates, Inc. for "changes in conditions." Staff recommends that the City Council adopt
Resolution No. 055-09, authorizing the Mayor to execute Change Order No. 1 with Caseco
Associates, Inc. in an amount not to exceed $4,615.
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The Council commended staff on wisely spending City funds on the project as well as
performing in-house design and engineering, which saved the City a lot of money.
Councilmember Olin moved and Councilmember Colebank seconded the
motion to adopt Resolution No. 055-09, authorizing the Mayor to execute
Change Order No. 1 with Caseco Associates, Inc. in an amount not to exceed
$4,615, with funds from Road and Street Construction. Upon vote, the motion
passed unanimously.
Adoption of Resolution No. 056-09, Authorizing the Mayor to Execute
Supplemental Agreement No. 8 with Berger Abam Regarding Tremont
Widening Project
Public Works Director Dorsey presented the staff report, noting on August 20, 2005, the
City of Port Orchard entered into a contract with Berger/Abam Engineers, Inc. for the
engineering design of the Tremont Street Widening Project in an amount not to exceed
$455,000. Since that time, the project scope has been modified several times resulting in
seven (7) supplemental agreements and resulting in a current contract amount of $738,125.
Councilmember Clauson moved and Councilmember Powers seconded the
motion to adopt Resolution No. 056-09, authorizing the Mayor to execute
Supplemental Agreement No. 8 with Berger/Abam Engineers, Inc., for the
Tremont Street Widening Project extending the contract completion date to
May 30, 2010. Upon vote, the motion passed with six affirmative votes and
one dissenting vote. Councilmember Colebank cast the dissenting vote.
Adoption of Resolution No. 057-09, Establishing Exemptions to the
Reimbursement Rates for City Personnel E;\'.})enses on Community Events and
Activities
City Clerk Kirkpatrick presented the staff repo1t, noting there are many community events
and activities during the year in Po1t Orchard. Many of these events and activities have
been deemed to have benefit to the City at large and support tourism and are from time to
time supported by City personnel. The City has supported these events and activities by
exempting them from the requirement that they reimburse the City for use of City
personnel. Staff recommends the Council adopt Resolution No. 057-09, establishing
exemptions to the reimbursement rates for City personnel expenses on community events
and activities or projects on private or public prope1ty owned by other governmental
entities.
Councilmember Childs moved and Councilmember Colebank seconded the
motion to adopt Resolution No. 057-09, establishing exemptions to the
reimbursement rates for City personnel expenses on community events and
including the Seagull Calling Festival and activities or projects on private or
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public property owned by other governmental entities. Upon vote, the motion
passed unanimously.
CITIZENS COMMENTS
Roger Zabinski, spoke briefly on his candidacy for Port Commissioner, noting that he is a
fourth generation resident of Kitsap County, with a background in technology and
economics, which he stated would be a good fit with the Port. He supported open
communications; was interested in learning more about the City's parking garage; and
creating more high tech jobs in the County.
COMMITTEE REPORTS
Councilmember Childs thanked the community for supp01ting the South Kitsap Fire and
Rescue, noting the recent levy was good for the community.
MAYOR'S REPORT
Mayor Coppola reported on the following:
• Meeting with State Representative Jan Angel, Representative Larry Seaquist, and
Senator Derek Kilmer regarding funding of various projects;
• Meeting with Roger Zabinski, candidate for Port of Bremetton Commission
regarding the City's position on various issues;
• Meeting with a representative from the IBEW Local 46 regarding increasing work for
the membership, i.e. how to get on the City's Small Works Roster;
• Participated in the interview panel for new City Treasurer, noting that an offer had
been made to one of the candidates; and
• Meeting with Commissioner Cheryl Kincer, Port of Bremerton, regarding potential
funding of the City's parking garage.
REPORT OF DEPARTMENT HEADS
Public Works Director Dorsey reported on staffs progress in making minor repairs to the
City's boat ramp, noting this is a temporaty fix until staff is able to secure funding through
grants.
City Clerk Kirkpatrick voiced her appreciation to the Port of Breme1ton on their first
successful Harbor Festival, noting that the foot feny was full during the extended hours and
that it appeared those in attendance enjoyed the band, beer garden, and Taste of Port
Orchard on Sunday.
EXECUTIVE SESSION
At 8:09 p.m. the Mayor recessed the meeting for a ten-minute executive session regarding
potential liability (RCW 42.30.110). City Attorney Jacoby and Development Director
Weaver were invited to attend and the Mayor announced no action would be taken as a
result of the executive session. At 8:19 p.m. the Mayor extended the executive session for an
additional twenty minutes. At 8:46 p.m. the Mayor reconvened the regular meeting.
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ADJOURNMENT
At 8A7 p.m. Mayor Coppola adjourned the meeting.
,pat ick, CMC, City Clerk