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06/23/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of June 23, 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 Treasurer Tompkins, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE David Dumbaugh led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Michael Lipson, voiced his concern with the Port Orchard Municipal Code not defining what "public property" means and requested the Council to provide a determination on whether or not vending in front of a private or commercial business would be considered public property. After a brief discussion, the Council remanded the Finance Committee review the matter at their next meeting, which will be held on June 26, 2009, and to bring a recommendation back to the Council at the July 14, 2009 meeting. Further, until the Council has made a determination, Mr. Lipson can continue to operate his hot dog stand in front of McClendon's Hardware store without further penalty. Mary Peterson, 11161 SE Bear Road, voiced her opposition to funding a full-time Mayor and urged the Council to bring the matter to the voters. Ron Rice, business owner in Port Orchard, voiced his concern of his Storm Drainage Utility billing that he is being required to be paid. City Treasurer Tompkins explained that this topic will be discussed at the July 21, 2009, Work Study Session. Jennifer Hardison, South Kitsap Helpline, urged the Council to approve her Public Event Application for an upcoming Garden Festival, with all proceeds benefiting the South Kitsap Helpline. APPROVAL OF AGENDA The following item was removed: • Business Item 7B was removed The following item was added to Business Items: • Public Event: South Kitsap Helpline Garden Festival • Mist Ventures Reimbursement Minutes of June 23, 2009 Pa e 2 oflo Councilmember Clauson moved and Councilmember Powers seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. The following item was added to Business Items: • Foot Ferry Funding • Discussion: Chain Parking on Bay Street Councilmember Chang moved and Councilmember Clauson seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA Councilmember Childs moved and Councilmember Putaansuu seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants #51852 through #51914 in the amount of $185,802.26 B. Approval of the June 9, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to July 21, 2009, at 7:00 p.m. at City Hall D. Approval of Fireworks Display Permit: Eagle Fireworks, Inc. E. Adoption of Resolution No. 062-09, Ratification by Council for the Public Works Director to Execute Contract with Kitsap County for the Annual Road Striping project PRESENTATION Amy's on the Bay-Supporting the Police Department and the South Kitsap School District -Students with Exemplary Character Program Police Chief Townsend presented a plaque to Amy Igloi-Matsuno, Amy's on the Bay Restaurant, and thanked her for her continued support with the Exemplary Character Program. PUBLIC HEARINGS Public Hearing: Six-Year Transportation Improvement Plan Assistant City Engineer Archer presented the staff report, noting based on Washington State Department of Transportation requirements, cities are required to submit their Six- Year Transportation Improvement Plan (TIP) annually, which was provided to the Council for the years 2010-2015. This document is required to be financially constrained, which means that projects' funding (either secured or proposed) must be realistic based on the City's budget. The City has transportation needs that include upgrading its street and pedestrians facilities and providing maintenance activities on its streets and sidewalks. Federal and State funding, for the most part, is available on a very competitive basis. The City has to look at innovative ways of funding transportation shortfalls such as forming Local Improvement Districts (LIDs) by which residents agree to tax themselves to do these Minutes of June 23, 2009 Pae of10 improvements. More discussion on this issue will be part of the City's upcoming budget preparation. Staff recommends opening the Public Hearing. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at ?:34 p.m. NEW BUSINESS Adoption of Resolution No. 058-09. Approving the Six-Year Transportation Improvement Plan Assistant City Engineer Archer presented the staff report, noting the Council held a Public Hearing earlier this evening, as required, to hear testimony regarding the Six-Year Transportation Improvement Plan for the years 2010-2015. Staff recommends adoption of the City's Six-Year Transportation Improvement Plan as presented. Councilmember Powers moved and Councilmember Olin seconded the motion to adopt Resolution No. 058-09, approving the Six-Year Transportation Improvement Plan for the years 2010-2015. Upon vote, the motion as amended passed unanimously. Councilmember Clauson moved and Councilmember Childs seconded the motion to add Cline Avenue Rehabilitation from Kitsap Street to Dwight Street for sidewalk replacement on the West-side of street and pavement in roadway. Upon vote, the motion to amend passed unanimously. Event Application: South Kitsap Helpline Garden Festival Mayor Coppola presented the staff report, noting each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. South Kitsap Helpline has submitted their application for a public event on July 5, 2009, to hold a Garden Festival. City departments have reviewed the application and have submitted their recommendations and/or comments. This Public Event Application is a new event; they have not been granted permission to host their event previously. Staff recommends approving the Public Event application. Councilmember Clauson moved and Councilmember Chang seconded the motion to approve the Public Event application for the South Kitsap Helpline Garden Festival to be held on July 5, 2009. Upon vote, the motion passed unanimously. Adoption of Resolution No. 064-09, Authorizing the Mayor to Execute Change Order No. 1 with Pacific Air Control, Inc. Assistant City Engineer Archer presented the staff report, noting on December 30, 2008, the Port Orchard City Council entered into a contract with Pacific Air Control, Inc. regarding the 2009 HV AC Maintenance Program. During routine maintenance it was Minutes of June 23, 2009 Page4 of10 discovered that numerous HVAC system components were either missing or inoperative, at both City Hall and the Library. A proposal for $9,457.80 (inc. tax) was provided by Pacific Air Control, Inc. Staff recommends that the City Council adopt Resolution No. 064-09, thereby authorizing the Mayor to execute Change Order No. 1 in an amount not to exceed $9,457.80 with Pacific Air Control, Inc. for associated costs necessary to make HVAC system repairs, as this is a budgeted item. Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to adopt Resolution No. 064-09, authorizing the Mayor to execute Change Order No. 1 in an amount not to exceed $9,457.80 with Pacific Air Control, Inc. for associated costs necessary to make HV AC system repairs at City Hall. Upon vote, the motion passed unanimously. Adoption of Resolution No. 065-09, Authorizing the Mayor to Execute Change Order No. 1 with Hemley's Septic Tank Cleaning for McCormick Woods Annual Septic Tank Maintenance Program Assistant City Engineer Archer presented the staff report, noting on February 10, 2009, the Port Orchard City Council adopted Resolution No. 013-09, thereby authorizing the Mayor to execute the McCormick 'vVoods Annual Septic Tank Maintenance Program contract with Hemley's Septic Tank Cleaning, Inc. Since the bids received exceeded the 2009 budget allowance, the scope of work was scaled back from 133 tanks to 117 tanks in order to begin work until a budget amendment was adopted. On May 12, 2009, the City Council adopted Ordinance No. 012-09, thereby amending the 2009 Budget, which included additional septic tank maintenance funding. In order to complete the maintenance on the remaining 16 septic tanks, the total contract amount needs to be amended from $25,348.05 to $28,814-45, with the rate of $216.65 per tank being the same rate as in the original contract. Staff recommends that the City Council adopt Resolution No. 065-09, thereby authorizing the Mayor to execute Change Order No. 1 in an amount not to exceed $3,466-40 with Hemley's Septic Tank Cleaning, Inc. for completing the maintenance on the remaining 16 septic tanks at McCormick Woods. Councilmember Chang moved and Councilmember Clauson seconded the motion to adopt Resolution No. 065-09, authorizing the Mayor to execute Change Order No. 1 in an amount not to exceed $3,466.40, with Hemley's Septic Tank Cleaning, Inc. for completing the maintenance on the remaining 16 septic tanks at McCormick Woods. Upon vote, the motion passed unanimously. Adoption of Resolution No. 066-09, Authorizing the Mayor to Execute Contract with Emerald Fire, LLC for Annual Backflow Device Testing Assistant City Engineer Archer presented the staff report, noting each year the City of Port Orchard is required to perform annual inspection/testing of the fifteen (15) City-owned backflow devices, pursuant to WAC 246-290-490. On June 4, 2009, the Public Works Minutes of June 23, 2009 Pa e of10 Department selected and sent out Request for Proposals (RFP's) to the two (2) qualified contractors listed on the City's 2009 Small Works Roster for Annual Backflow Devices Testing. The Public Works Department received bids from both local firms with the bids summarized as follows: Silverdale Plumbing & Heating, Inc. Emerald Fire, LLC $1,286.91 (incl. sales tax) $ 863.37 (incl. sales tax) Upon review of the bids received, Emerald Fire, LLC was determined by staff to be the lowest qualified bidder with a bid of $863.37 (incl. sales tax.) Staff recommends that the City Council adopt Resolution No. 066-09, thereby authorizing the Mayor to execute a contract with Emerald Fire, LLC to perform Annual Backflow Device Testing in an amount not to exceed $863.37 (inc. sales tax.) Councilmember Childs moved and Councilmember Colebank seconded the motion to adopt Resolution 066-09, thereby authorizing the Mayor to execute the contract with Emerald Fire, LLC to perform Annual Backflow Device Testing in an amount not to exceed $863.37 (inc. sales tax). Upon vote, the motion passed unanimously. Adoption of Resolution No. 067-09. Authorizing the Mayor to Execute Local Agency Agreement Supplements for Bay Street Seawall and Port Orchard Blvd Sidewalks Assistant City Engineer Archer presented the staff report, noting during the past few months Staff has been working with the Puget Sound Regional Council (PSRC) and the Washington State Department of Transportation (WSDOT) to move the grant money from the Port Orchard Boulevard Sidewalk Project to the Bay Street Seawall Project. The Port Orchard Boulevard Sidewalk Project, which has $100,000 in grant money, must be de- obligated and the project closed at the state level to allow the funding to be moved to the Bay Street Seawall Project. The Port Orchard Boulevard Project will become part of a future entryway project to the downtown. The Seawall Project will be able to be completed this year, if the money is moved in a timely manner. Staff recommends that the City Council authorize the Mayor to execute the Local Agency Agreement Supplements to move the grant money from the Boulevard Project to the Seawall Project. Councilmember Colebank moved and Councilmember Powers seconded the motion to authorize the Mayor to execute the Local Agency Agreement Supplements to de-obligate the funding from the Port Orchard Boulevard Sidewalk Project and re-obligate the funding in the amount of $100,000 to the Bay Street Seawall Project. Upon vote, the motion passed unanimously. Minutes of June 23, 2009 Pa e 6 of10 Approval of Public Event: Little League Tournaments City Clerk Kirkpatrick presented the staff report, noting South Kitsap Western Little League has submitted their application for a public event, Little League Tournaments to be held July 5, 2009 to July 16, 2009 and July 25, 2009 to August 2, 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 business. The applicant is seeing permission to host their event at the Art Mikelsen Little League Field, with a request that cars be allowed to park head-in from the corner of Sroufe Street and Spokane Avenue going west to the corner of Sroufe Street and Tacoma Avenue. This area would become a one-way street during the two tournaments. A drawing showing the location of the proposed one-way area is included in the Council's packet. Further, the Little League is requesting that some of the parents be allowed to overnight parking in the area behind the activity center, behind Givens. Permission was granted in 1997 when the City last hosted the State Tournament. It is anticipated that each Tournament will host up to 13 teams coming from all over the State. Parents of the players will stay in local hotels and patronize local businesses. Staff recommends approving the Public Event application for the Little League Tournaments to be held July 5, 2009 to July 16, 2009 and ,July 25, 2009 to August 2, 2009. Councihnember Olin moved and Councilmember Childs seconded the motion to approve the public event application for the Little League Tournaments to be held July 5-16, 2009, and July 25 through August 2, 2009, at the Art Mikelsen Little League Field and to allow for head-in parking on Sroufe Street and going west to the corner of Sroufe Street, temporarily making this area one-way; and allowing overnight RV parking in the area behind the activity Center behind Givens. Upon vote, the motion passed unanimously. Approval of Public Event: Solid Rock Band Jam City Clerk Kirkpatrick presented the staff report, noting Solid Rock Cafe has submitted their application for a public event, Solid Rock Band Jam to be held on Saturday, July 4, 2009, in conjunction with Fathoms O'Fun Festival and will be held at the Marina Park and Gazebo. 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. The applicant is seeking permission to host their event at the Port Orchard Waterfront with no anticipated street closures. Staff recommends approving the Public Event application for the Solid Rock Band Jam to be held on Saturday, July 4, 2009. Minutes of June 23, 2009 Pae of10 Councilmember Childs moved and Councilmember Colebank seconded the motion to approve the public event application for the Solid Rock Band Jam, which will be held on Saturday, July 4, 2009, at the Port Orchard Marina Park and Gazebo. Upon vote, the motion passed unanimously. Grant Application: Byrne Justice Assistance Police Chief Townsend presented the staff report, noting the Port Orchard Police Department is applying for a Federal Byrne Justice Assistance grant for $11,534, which will be allocated for the purchase of police bicycles and related equipment; computer and technology related equipment; and officer safety and training equipment. 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. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Bethel Corridor North Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on June 8, 2009, to annex 387 parcels totaling approximately 602 acres. The parcels are located in the vicinity between Sedgwick Road and SE Shelton Lane from the current corporate limits near Blackjack Creek to approximately 1,300 feet east of Bethel Road. The parcels are in the City's currently recognized Urban Growth Area. The majority of the parcels are either designated Urban High-Intensity Commercial/Mixed Use, Urban Medium/High-Density Residential, and Urban Low- Density Residential in the County's Comprehensive Plan and are zoned Highway/Tourist Commercial, Urban Low-Density Residential (4-9 DU/Ac.), Urban Medium Residential (10-18 DU/Ac.) or Urban Restricted (1-5 DU/ Ac) in conjunction with the Comprehensive Plan land use designation. Staff recommends Council allow a petition to be circulated for annexation of the property described in the Notice of Intent and require the simultaneous adoption of Comprehensive Plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Councilmember Clauson moved and Councilmember Colebank 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 existing City indebtedness by the area to be annexed. Upon vote, the motion as amended passed unanimously. Councilmember Clauson moved and Councilmember Putaansuu amended the motion to include the property to the Northeast of Lincoln and Mitchell. Upon vote, the motion to amend passed unanimously. Minutes of June 23, 2009 Pa e 8 of10 Approval of the Lodging Tax Advisory Committee Funding Recommendations City Clerk Kirkpatrick presented the staff report, noting the City Council has previously discussed extending foot ferry service hours, at a minimum for Festivals that fall on Sundays, due to reduction of foot ferry service by Kitsap Transit through budget cuts. The City Clerk has negotiated with Kitsap Harbor Tours to operate the Foot Ferry on five festival event days that fall on Sunday for an hourly rate of $146.25 per hour for a minimum of 8 hours per event Sunday. Kitsap Harbor Tours will charge $1 each way and will reduce the overall costs by the amount collected on that event day. Invoices will be sent to the City of Port Orchard and the City Clerk will ensure payment is made by all three parties. Staff recommends that the Council authorize use of Hotel/Motel Tax funds in an amount not to exceed $1,900 for payment of the City's one-third share to extend foot ferry service hours on the following Sundays: June 28, August 9, August 30, September 6, and September 13, 2009. Councilmember Childs moved and Councilmember Colebank seconded the motion to adopt Resolution No. 068-09, approving the Lodging Tax Advisory Committee's recommendation for use of Hotel/Motel Tax funds in an amount not to exceed $1,900 for payment of the City's one-third share to extend foot ferry service hours on the following Sundays: June 28, August 9, August 30, September 6, and Septe1nber 13, 2009. Upon vote, the motion passed with six affirmative votes and one abstaining vote. Councilmember Clauson cast the abstaining vote. Councilmember Chang stated Kitsap Harbor Tours is not looking to profit from these services and any extra dollars will be applied to the next event. Chain Parking Councilmember Chang explained some business owners on Bay Street are moving their vehicles from space to space after two hours and still occupying customer parking spaces and opened discussion to the Council. Police Chief Townsend advised the Council that the Municipal Code states vehicles are only required to move at a minimum 1 inch. His department has met with the individuals who are participating in this and are working to resolve the issues. After a brief discussion, Council directed staff to bring it forward recommendations to the July 21, 2009, Work Study Session. Executive Session At 8:40 p.m. Mayor Coppola recessed the meeting for a twenty-minute executive session regarding potential litigation in accordance with RCW 42.30.110(1)(A). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. Minutes of June 23, 2009 Pa e of10 At 9:00 p.m. Mayor reconvened Council back into regular session. CITIZENS COMMENTS Gerry Harmon, 906 Kitsap Street, expressed her disappointment that many downtown businesses were closed with all of the events happening in the downtown area. Amy Igloi-Matsuno, Amy's on the Bay, addressed her concerns with the cost of the proposed parking garage and inquired as to the status of the project. COMMITTEE REPORTS Councilmember Powers announced that on June 25, 2009, at 6:oo p.m. to 8:oo p.m. at the Kitsap County Fair Grounds the Puget Sound Regional Council will be explaining the 2040 Vision for anyone who would like more information pertaining to the transportation alternatives. MAYOR'S REPORT Mayor Coppola reported on the following: • Attended the Kitsap Regional Coordinating Council Retreat with Councilmember Powers; • Attended the South Kitsap Band fundraiser with Rose Bowl Parade Committee; • Attended the Cedar Heights Junior High School Model Citizens awards; • Meeting with Cary Bozeman, Port of Bremerton, regarding Parking Garage Funding; • Spoke with Delilah to set a tentative date of August 1, 2009 to Paint the Town; • Speaking for the Housing Authority on a new Self-help Program; and • Meeting with PUD and PSE over broadband issue. In response to Councilmember Clauson, Mayor Coppola will follow up with the PUD to provide an agreement for the time extension they are requesting. REPORT OF DEPARTMENT HEADS Development Director Weaver conveyed to the Council updated information on the 108 Loan. After speaking with Bonnie Tuffs, Funding Block Manger with Kitsap County, he was informed that this might be the only opportunity to get funding in a three year time and that while the application can be amended after it is submitted, no payw.ents would be made until the funds have been withdrawn. Council directed staff to continue working on the application and to bring forward to the July 14, 2009, Council meeting. In response to Councilmember Olin, City Attorney Jacoby noted the DNR negotiations are still ongoing and he should have a draft easement ready for the Council's review in July. The Council directed that the matter be placed on the July 21, 2009, Work Study Session. Minutes of June 23, 2009 Pa e 10 of10 ADJOURNMENT At 9:27 p.m. Mayor Coppola adjourned the meeting.