Loading...
06/09/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of June 9, 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, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Greg Rogers led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Kyle Elliot, Phantom Fireworks, addressed his concerns on the number of fireworks allowed in the City and asked that it be looked at in light of the recent and continuing annexations. APPROVALOFAGENDA The following Business Item was moved: • Business Item 7B was moved to the end of Business Items The following item was added to Business Items: • Discussion: Purchase versus lease of Police Motorcycle Councilmember Clauson moved and Councilmember Colebank seconded the motion approving the agenda as amended. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA Councilmember Childs moved and Councilmember Olin seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants #51768 through #51851 in the amount of $401,479.30; May Payroll Warrants #142324 through #142410 in the amount of $631,026.99; and Treasurer's check book in the amount of $1,921,666-40. B. Approval of the May 19, 2009, Work Study Session C. Approval of the May 26, 2009, Council Meeting Minutes PRESENTATION Mayor Coppola read into the record, the Proclamation recognizing the Championship for the South Kitsap High School Boys Soccer Team and Coaches. PUBLIC HEARINGS Public Hearing: Six-Year Transportation Improvement Plan Public Works Director Dorsey presented the staff report, noting there was an error in noticing the Public Hearing date and asked that the Public Hearing be opened and continued to the June 23, 2009, Council meeting. Mayor Coppola opened the Public Hearing at 7:05 p.m. and continued the Public Hearing to the June 23, 2009, Council meeting. Public Hearing: Amending the Comprehensive Plan Regarding the Provision of Sanitary Sewer Service to South Kitsap Industrial Area (SKIA) Development Director Weaver presented the staff report, noting in February 2009, the City of Bremerton filed a Petition for Review with the Central Puget Sound Growth Management Hearings Board regarding portions of the City's 2008 Comprehensive Plan amendments relating to sanitary sewer service to SKIA. Bremerton and Port Orchard staff and attorneys have met to discuss changes to text and figures that would be satisfactory to both municipalities. Those changes are incorporated into a proposed Ordinance that will be discussed later in the evening. This hearing is being held in accordance with RCW 36.70A.130(2)(b), which allows a City to amend its comprehensive plan, after public participation, to resolve an appeal to the Growth Management Hearings Board. This Public Hearing was duly notice to provide the general public with an opportunity to comment on the proposed amendments. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at7:06p.m. NEW BUSINESS Adoption of Resolution No. 058-09. Approving the Six-Year Transportation Improvement Plan Public Works Director Dorsey presented the staff report, noting this item has been continued to the June 23, 2009, Council meeting. Adoption of Ordinance No. 015-09. Approving the Walton Open Space Request 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 requested to be designated as Current Use Open Space Tax Classification. Ms. Walton filed 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 Open Space criteria. Both parcels are zoned RB (8 units per acre) residential medium zoning. The City Council was briefed on the Open Space request at their April 21, 2009, Work Study Session and supported the processing of the request through the Public Property Committee and the Planning Commission prior to bringing it back before the Council for decision. Councilmember Colebank moved and Councilmember Chang seconded the motion to adopt Ordinance No. 015-09, approving the Walton Open Space Request and forward to the Kitsap County Commissioners. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 016-09. Amending Port Orchard Municipal Code Chapter 5.60 Safe and Sane Fireworks Section 5.60.040 Pertaining to the Number of Licenses to be Issued Annually 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 Minutes of June 9, 2009 Pa e of Sedgwick and Bethel Road, which includes Fred Meyers, it was unforeseen that there would be additional requests for fireworks stands within City limits. Staff was directed to bring forward an ordinance amending this section of the Code to allow for unlimited fireworks permits to be issued within City limits. South Kitsap Fire and Rescue has been made aware of this proposed change and have voiced no objections to the new language. It should be noted that changes to the Fireworks Code do not normally take effect for one-year after adoption; however because this ordinance will lift "restrictions" placed on permits within the City, this requirement is not applicable. RCW 70.77.250(4) states that "Any ordinances adopted by a county or city that are more restrictive than state law shall have an effective date no sooner than one year after their adoption." Staff recommends adopting Ordinance No. 016-09, amending Port Orchard Municipal Code Chapter 5.60 Safe and Sane Fireworks Section 5.60.040 pertaining to the number of licenses to be issued annually with the Ordinance becoming effective five days after publication. The Council directed staff to add discussion of vendor requirements of the fireworks stand to a future Work Study Session. Councilmember Chang moved and Councilmember Clauson seconded the motion to adopt Ordinance No. 016-09, amending Port Orchard Municipal Code Chapter 5.60 Safe and Sane Fireworks Section 5.60.040 pertaining to the number of licenses to be issued annually with the effective date of the Ordinance to be five days after publication. Upon vote, the motion passed unanimously. Adoption of Resolution No. 059-09. Repealing Resolution No. 018-08. and Providing the Public Works Director and Mayor with Change Order Authority City Clerk Kirkpatrick presented the staff report, noting on May 12, 2004, the City Council had authorized the Public Works Director with change order authority up to $15,000, and to call for a special City Council meeting within 24 hours for change orders with a higher amount. On March 11, 2008, the City Council amended its policy on change order authorization for the Public Works Director to up to $1,000. Change orders in the amount of $1,001 to $15,000, could be approved by the Mayor and all change orders over $15,001 would be approved by the City Council. Further, the Council directed that the change order authority was on a per project basis. Staff recommends adoption of Resolution No. 059-09, Repealing Resolution No. 018-08, and providing the Public Works Director and Mayor with change order authority. Councilmember Olin moved and Councilmember Putaansuu seconded the motion to adopt Resolution No. 059-09, repealing Resolution No. 018-08, in its entirety, and granting the Public Works Director authority to approve change orders up to $15,000; the Mayor authority to approve change orders between $15,001 to $25,000; and all change orders over $25,001 shall be approved by the City Council. Further, the change order authorization shall be on a per contract basis and shall be approved by the Council at its next regularly scheduled meeting. Upon vote, the motion passed unanimously. Minutes of June 9, 2009 Pae of Adoption of Resolution No. 060-09. Authorizing the Mayor to Execute Supplemental No. 9 with Berger Abam Regarding Tremont Widening Project Public Works Director Dorsey presented the staff report, noting at the direction of Council, the Public Works staff pursued Option No. 3 of the Alternatives Analysis of the South Kitsap Boulevard and Pottery Avenue Roundabout with design reconsiderations. At the April 21, 2009, Work Study Session Berger/Abam Engineers, Inc. presented 1) a design update; 2) proposed next steps towards being "shovel ready;" and 3) a request for additional funding for the engineering design of the Tremont Street Widening Project (as discussed previously at the June 24, 2008, Council meeting.) Staff received direction to obtain additional funding for the project's continuation toward shovel ready status. Councilmember Clauson moved and Councilmember Olin seconded the motion to adopt Resolution No. 060-09, authorizing the Mayor to execute Supplemental Agreement No. 9 of the contract between the City of Port Orchard and Berger/ Abam Engineers, Inc., thereby increasing the contract amount from $738,125.00 to an amount not to exceed $966,362 for the cost to complete the redesign at 100% PS&E, 100% R/W Plan and NEPA approval. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Colebank cast the dissenting vote. Adoption of Resolution No. 061-09. Authorizing the Mayor to Execute Contract with N .L. Olson and Associates for Melcher Pump Station Survey Public Works Director Dorsey presented the staff report, noting during the permit review process for a single-family building permit application located along Sidney Avenue near Melcher Street, staff discovered both boundary and easement issues associated with the Melcher Street Water Pump Station. This item was brought before the Utilities Committee on April 17, 2009, for discussion, whereby staff was directed to obtain cost proposals for professional survey services and to have the item brought forth to the April 21, 2009, Work Study Session for discussion. The City has now received two (2) bids from local firms selected from the 2009 Professional Services Roster to pe1form the professional survey services necessary to resolve "as needed" boundary issues in order to secure an easement for the Melcher Street Water Pump Station. The bids received are as follows: N.L. Olson & Associates, Inc. Ward C. Muller & Associates, Inc. $6,600 $6,900 Upon review of the bids received, N.L. Olson & Associates, Inc. was determined by staff to be the lowest qualified bidder with a bid of $6,600. Staff recommends that the Council adopt Resolution No. 061-09, authorizing the Mayor to execute a contract with N.L. Olson & Associates, Inc. for the Melcher Street Water Pump Station Survey in an amount not to exceed $6,600, with funds from the Water Sewer Fund. Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to adopt Resolution No. 061-09, authorizing the Mayor to execute the contract with N.L. Olson & Associates, Inc. for Melcher Street Water Pump Station Survey in an amount not to exceed $6,600, with funds from the Water Sewer Fund. Upon vote, the motion passed unanimously. Minutes of June 9, 2009 Pae of Approval of Public Event: Poker Run for Veterans Cancer Research City Clerk Kirkpatrick presented the staff report, noting Moondogs Too has submitted their application for a public event, Poker Run for Veterans Cancer Research to be held on June 14, 2009. City departments, as well as the Fire Department, have reviewed the application and submitted their recommendations and/or comments. This is a new event and it is expected to benefit the community by supporting efforts to raise money for the Veterans Cancer Research. The applicant is seeking permission to host their event in downtown Port Orchard with no anticipated street closures. Staff recommends approving the Public Event application for the Poker Run for Veterans Cancer Research to be held on Sunday, June 14, 2009. Councilmember Childs moved and Councilmember Colebank seconded the motion to approve the public event application for the Poker Run for Veterans Cancer Research, which will be held June 14, 2009, in Downtown Port Orchard. Upon vote, the motion passed unanimously. Approval of Public Event: Fourth of July Celebration Block Party City Clerk Kirkpatrick presented the staff report, noting Benjamin Calhoun has submitted an application for public event for a Community Block Party on the Fourth of July to be held in the 1400 Block of West Avenue. Since this is a new Public Event, staff is bringing forward for Council's review and consideration. City departments, as well as the Fire Department, has reviewed the application and submitted their recommendations and/or comments. This event is expected to benefit the community of the 1400 Block of West Avenue by strengthening relationships between its neighbors who have the same goals of improving our community. West Avenue is a dead-end road and an alternate route through the alleyway between West Avenue and Garrison has been arranged for. The proposed road closure starts at 6 p.m. till Midnight. Staff recommends approving the Public Event application for a Fourth of July Community Block Party Celebration. Councilmember Clauson moved and Councilmember Colebank seconded the motion to approve the public event application for the Fourth of July Community Block Party Celebration to be held in the 1400 Block of West Avenue from 6 p.m. to Midnight, and for use of a portion of the City's right-of-ways. Upon vote, the motion passed unanimously. Discussion: Purchase versus Lease of a Police Motorcycle Police Chief Townsend informed the Council of a neglected lease payment of a police motorcycle in the amount of $6,500. The creditor has offered that the City purchase the motorcycle at $14,475 or pay the past due amount no later than Friday, June 12, 2009. The Police Department has secured a grant in the amount of $8,700 to offset the purchase price, reducing the overall cost owed by the City to $5,775. Councilmember Clauson moved and Councilmember Childs seconded the motion to approve the Police Department to purchase the Police motorcycle in an amount not to exceed $14,475 including the acceptance of the $8,700 grant. Upon vote, the motion passed unanimously. EXECUTIVE SESSION At 7:52 p.m. Mayor Coppola recessed the meeting for a ten-minute executive session regarding potential litigation in accordance with RCW 42.30.110(1)(A). City Attorney Jacoby and Development Director Weaver were invited to attend and the Mayor announced that action would be taken as a result of the executive session. Adoption of Ordinance No. 014-09, Amending the Comprehensive Plan Regarding Sanitary Sewer Service to South Kitsap Industrial Area (SKIA) City Attorney Jacoby presented the staff report, noting in February 2009, the City of Bremerton filed a petition for review with the Central Puget Sound Growth Management Hearings Board regarding portions of the City's 2008 Comprehensive Plan amendments relating to sanitary sewer service to SKIA. Bremerton and Port Orchard staff and attorneys have met to discuss changes to text and figures that would be satisfactory to both municipalities. Those proposed changes are incorporated into proposed Ordinance No. 014-09. The proposed amendments clarify that Port Orchard is a potential provider of sanitary sewer service to SKIA rather than the sole provider. The City of Bremerton has agreed to dismiss its appeal if Port Orchard amends its Comprehensive Plan in accordance with Ordinance No. 014-09. Councilmember Powers moved and Councilmember Colebank seconded the motion to adopt Ordinance No. 014-09, amending the City's Comprehensive Plan regarding the provision of sanitary sewer service to the South Kitsap Industrial Area in order to resolve the City of Bremerton's appeal to the Central Puget Sound Growth Management Hearings Board. Upon vote, the motion passed unanimously. CITIZENS COMMENTS Ron Rice inquired if the City would include which Councilmember serves on each Council Committee on the Agenda. Greg Rogers, South Kitsap Fire & Rescue, announced on Friday, June 26, 2009 at 10:00 a.m. the Fire Department will be doing a joint demo burn with the City of Bremerton across from Fire Station No. 2 on Kitsap Way and invited the Council to attend. COMMITTEE REPORTS Councilmember Putaansuu announced the Utility Committee will meet on Friday, June 12, 2009, at 7:30 a.m. at Myhre's. Councilmember Colebank announced that he will be attending the Kitsap Regional Coordinating Council meeting on Thursday, June 11, 2009. Councilmember Childs announced the City's Tourism Committee will meet on Wednesday, June 10, 2009, at 5:00 p.m. at City Hall, with the Festival of Chimes and Lights Committee to follow at 6:oo p.m. Minutes of June 9, 2009 Page 7 of Councilmember Olin announced the Sewer Advisory Committee will meet at the South Kitsap Water Reclamation Facility on June 17, 2009, at 6:30 p.m. regarding Methane Utilizing. MAYOR'S REPORT Mayor Coppola reported that the City has hired Allan Martin as the incoming City Treasurer and who will replace Kris Tompkins who has been with the City for 37 years; he will meet with PSE & Kitsap PUD regarding fiber optics in the City; meeting with the new CEO of the Port of Bremerton; and he will be delivering a new welcome packet to the recently annexed businesses into the City. Mayor Coppola encouraged citizens and Councilmembers to take advantage of the public comment period for the Puget Sound Regional Council Vision 2040 plan ending July 13, 2009, for the five transportation alternatives for Kitsap County and advised the City Clerk's office will have copies for review. REPORT OF DEPARTMENT HEADS City Development Director Weaver reported the City has received 11 % of the required petitions for the Bethel North Corridor and will be moving forward to have the notice of intent placed on June 23, 2009, Council Agenda. City Clerk Kirkpatrick announced she had hired David Dumbaugh as the Office Clerk for the Administrative Services Department; was elected to serve the remaining term as Vice-President of the Port Orchard Chamber of Commerce; and invited the Council and community to sign up for the upcoming "Street Scramble" to be held on Saturday, June 27, 2009. Public Works Director Dorsey noted, Shea, Carr, & Jewell, Inc. will be doing a brief presentation regarding the Bethel Roundabout Study at the June 16, 2009, Work Study Session.