07/14/2009 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of July 14, 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, Pnblic Works Director Dorsey, Development Director
Weaver, City Treasurer Tompkins, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City
Attorney Jacoby.
PLEDGE OF ALLEGIANCE
Dick Davis led the andience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
Steve Nystrom, 2569 East Williams, expressed an interest in purchasing a lot owned by the City that
is adjacent to his property, noting it was a steep hillside. City Treasurer Tompkins stated the
property may have been a foreclosure and she will look into the matter and report back to the
Council at a fnture meeting.
Bill Stewart, Executive Director of Kitsap Economic Development Alliance (KEDA), provided an
npdate regarding the second quarter unemployment rates, which are holding at the same level. He
thanked the Council for its continued support. In response to Councilmembers' comments, Mr.
Stewart explained that KEDA is a willing partner for fnture economic development in the South
Kitsap area.
Cindy Lucarelli, 926 Kitsap Street, provided an update on Cedar Cove Days event as follows:
• Website is receiving over 300,000 thousand hits per day depending on the topic;
• Port Orchard Independent will be printing a 16-page insert relating to Cedar Cove;
• The Welcome Center will be located at 701 Prospect Street and will house ticket distribution,
lost and found, and volunteer support;
• Ticket sales are still going strong and they have over 50 artisans participating in an arts and
craft and food vendors;
• Cedar Cove will also be offering merchandise for sale online and at the Welcome Center.
She reminded the community that guests will be arriving on August 26, 2009, and supported the
many efforts to help spruce up the downtown area.
APPROVAL OF AGENDA
The following item was added to Business Items:
• Discussion: Population Signs
City Attorney Jacoby advised the Council would meet for a report on labor negotiations following
the regular meeting.
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Councilmember Clauson moved and Councilmember Childs seconded the motion to
approve the agenda as amended. Upon vote, the motion passed unanimously.
APPROVALOFCONSENTAGENDA
A. Approval of Claim Warrants #51914 through #52003 in the amount of $270,522.55; June's
Payroll Warrants #142411 through #142473 in the amount of $450,532.07; and Treasurer's
check book in the amount of $1,701,136.35.
B. Approval of the June 16, 2009, Work Study Session Minutes
C. Approval of the June 23, 2009, Council Meeting Minutes
D. Approval of Public Event Application: Murder Myste1y Weekend
E. Adoption of Resolution No. 067-09, Authorizing the Mayor to Execute a Grant from the
Washington State Department of Ecology for the Update to the Shoreline Management Plan
Councilmember Colebank moved and Councilmember Clauson seconded the motion
to approve the Consent Agenda. Upon vote, the motion passed unanimously.
PRESENTATION
There were no presentations.
PUBLIC HEARINGS
First Reading and Public Hearing regarding the Proposed 2009 Water/Sewer Rate
Increase
Public Works Director Dorsey presented the staff report, noting on May 15, 2009, the Utility
Committee received a copy of the Calculation of 50% Surcharge Loss in McCormick Woods for
Water and Sanitary Sewer as prepared by the City Treasurer. On June 12, 2009, the Utility
Committee received an update on the 2009 Sanita1y Sewer Comprehensive Plan from BHC
Consultants and discussed the associated impacts to the sewer utility's financial viability given the
systems future Capital Improvement Program (CIP) needs. The need for both water and sanitary
sewer rate increases was further discussed at the June 16, 2009, City Council Work Study Session,
with the proposed water and sanitary sewer rate increase(s) as follows:
Capital Improvement Program -Sanitary Sewer
McCormick Woods Annexation -Water
McCormick Woods Annexation -Sanitary Sewer
$11.20 bimonthly
$ 3.50 bimonthly
$ 7.50 bimonthly
$22.20 bimonthly
The Committee determined that the loss of the 50% surcharge revenue from the McCormick Woods
annexation for water and sanitary sewer would need to take priority over the Capital Improvement
Program (CIP) sanitary sewer needs. Therefore, the rate increase associated with the McCormick
Woods 50% Surcharge reduction, being $11.00 bimonthly combined, will be resolved in 2009 and
the Capital Improvement Program (CIP) need will be resolved in 2010. Staff recommends holding
the Public Hearing.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing
at 7:23 p.m.
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NEW BUSINESS
Adoption of Ordinance No. 017-09, Amending Port Orchard Municipal Code 5.96
Temporary Vendors
City Clerk Kirkpatrick presented the staff report, noting at its June 23, 2009, meeting, Mike Lipson,
the owner of Uptown Mike's Hot Dog Stand, requested the Council provide an interpretation of
Port Orchard Municipal Code 5.96.010 and the Council remanded this matter to the Finance
Committee for review and/or recommendation. Port Orchard Municipal Code Section 5.96.010,
provides clarity for certain words or phrases pertaining to Temporary Vendors. On June 26, 2009,
the Finance Committee reviewed Port Orchard Municipal Code 5.96 Temporary Vendor Permits
and determined that 5.96.010(5) public property vending could be interpreted either way -one
that it is public property or two that it is private property. The Finance Committee recommended
that Uptown Mike's only be charged for a business license as he was operating on private property
(in front of McClendon's Hardware) and that a letter be sent to that affect. Since that time, Mr.
Lipson has begun operating his stand in front of the Kitsap County Administrative Building. Staff
recommends adoption of Ordinance No. 017-09, Amending Port Orchard Municipal Code 5.96
Temporary Vendors Sections 5.96.010 Definitions; 5.96.040 Vendor License Requirements,
Duration, Fees, and Renewal; and 5.96.050 License Revocation
Councilmember Clauson moved and Councilmember Putaansuu seconded the motion
to adopt Ordinance No. 017-09, Amending Port Orchard Municipal Code 5.96
Temporary Vendors Sections 5.96.010 Definitions; 5.96.040 Vendor License
Requirements, Duration, Fees, and Renewal; and 5.96.050 License Revocation.
Councilmember Clauson moved and Councilmember Putaansuu seconded the motion
to postpone Ordinance No. 017-09, to the August 18, 2009, Work Study Session. Upon
vote, the motion passed unanimously.
After a brief discussion, the Council determined the matter needed further consideration and
directed staff to provide language defining personal and private property and municipal buildings.
Adoption of Ordinance No. 018-09, Creating Policy and Procedure for Low Flow
Toilet Rebate Program
Public Works Director Dorsey presented the staff report, noting that on May 15, 2009, the Utility
Committee discussed the potential benefits to the City's water/sanitary sewer system by virtue of
creating a low-flow toilet rebate program. Replacement of a standard toilet (5.0 gal/flush) to a low
flow toilet (1.6 gal/flush) is approximated to be $225 per toilet -plus tax. Although not yet
determined that a direct financial benefit from the low flow toilet rebate program will be seen, the
water use efficiency impact to the City's municipal water system will benefit immensely as reflected
in the passage of House Bill 1338 in 2003 (Municipal Water Law) and the creation of the Water Use
Efficiency Program in 2007. The rebate program structure is proposed as follows:
• Start rebate at $100.00/toilet
• Plumber installation -invoice as proof of install
• Plumbers to have City Business License
• Homeowner installation·-must buy within City limits
• Homeowner installation -sales receipt as proof of install
• Cash Rebate
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At the June 16, 2009, City Council Work Study Session, the City Attorney was directed to develop
an ordinance to reflect the program, thereby amending POMC Chapter 13 by adding a new Section
13.04.200 -Low Flow Toilet Rebate Program. Staff recommends adoption of Ordinance No. 018-
09, thereby establishing POMC Chapter 13.04.200 -Low Flow Toilet Rebate Program, for the City
of Port Orchard.
Councilmember Olin moved and Councilmember Colebank seconded the motion to
adopt Ordinance No. 018-09, thereby establishing POMC Chapter 13.04.200 -Low
Flow Toilet Rebate Program, for the City of Port Orchard. Upon vote, the motion
passed unanimously.
Adoption of Resolution No. 068-09, Authorizing an Inter-fund Loan Between the
Cumulative Reserve for Municipal Facilities Fund and the Current Expense Fund
City Treasurer Tompkins presented the staff report, noting that because of the current economic
environment the City of Port Orchard has been experiencing a decline in revenues. The two largest
revenue sources of the Current Expense Fund are sales tax and property tax. Sales tax distributions
are received monthly from the Department of Revenue. Property taxes are due twice yearly and the
City receives the bulk of its portion in May and November. Budgeted sales tax revenue has fallen
short based upon historic collection patterns and it may be necessary to facilitate a temporary
borrowing in an amount not to exceed $500,000, for the City to meet its ongoing Current Expense
Fund obligations. The Finance Committee requested staff to bring forward and recommends the
Council adopt Resolution No. 068-09, authorizing an inter-fund loan transfer from the Cumulative
Reserve for Municipal Facilities Fund to the Current Expense Fund if necessary.
Councilmember Clauson moved and Councilmember Childs seconded the motion to
adopt Resolution No. 068-09, authorizing the City Treasurer to make an inter-fund
loan transfer as necessary from the Cumulative Reserve for Municipal Facilities Fund
to the Current Expense Fund in an amount not to exceed $500,000. Upon vote, the
motion passed unanimously.
Adoption of Resolution No. 069-09, Authorizing the Mayor to Execute Contract with
Ward C. Muller & Associates, Inc. for Sanitary Sewer Easements Associated with
Granlund Property. Public Works Director Dorsey presented the staff report, noting during a
meeting with Ms. Rebecca Granlund on March 18, 2009, regarding her property located at 593
South Street, staff discovered the absence of existing upstream sanitary sewer easement for the
City's sanitary sewer main. On April 17, 2009, the Utilities Committee directed staff to send a letter
to Ms. Granlund clarifying the City's position with respect to her property and future actions to be
taken by the City with respect to obtaining necessary sanitary sewer easements. On May 15, 2009,
the Utilities Committee directed staff to obtain a professional survey cost proposal, whereby the
City received two (2) bids from local firms selected from the 2009 Professional Services Roster to
perform the professional survey services necessaiy to prepare the needed upstream sanitaiy sewer
easements. Upon review of the bids received, Ward C. Muller & Associates, Inc. was determined to
be the low bidder with a bid amount of $6,080. Staff recommends that the City Council adopt
Resolution No. 069-09, thereby authorizing the Mayor to execute a contract with Ward C. Muller &
Associates, Inc. for Sanitary Sewer Easements associated with Granlund Property in an amount not
to exceed $6,080.
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Councilmember Childs moved and Councilmember Colebank seconded the motion to
adopt Resolution 069-09, thereby authorizing the Mayor to execute a contract with
Ward C. Muller & Associates, Inc. for Sanitary Sewer Easements associated with
Granlund Property in an amount not to exceed $6,080, with funds from Cumulative
Reserves for Water-Sewer Fund 403.
Councilmember Clauson moved and Councilmember Powers seconded the motion to
amend by correcting the language with funds from the Water Sewer Operating Fund
401. Upon vote, the motion to amend passed unanimously.
Upon vote, the main motion as amended passed unanimously.
Adoption of Resolution No. 070-09, Amending Resolution No. 059-09, by Providing
the Public Works Director and Mayor with General Purchasing Authority. City Clerk
Kirkpatrick presented the staff report, noting on June 9, 2009, the City Council adopted Resolution
No. 059-09, thereby authorizing the Public Works Director change order authority up to $15,000
and the Mayor change order authority over $15,001 but less than $25,000. Furthermore, the
Council directed that any change order over $25,001 shall be approved by the City Council and the
change order authority was limited to a per project basis. It was the desire of the Council to also
include general purchasing authority for budgeted items to facilitate the timely and efficient
conduct of city business, and therefore, staff is recommending Resolution No. 059-09 be repealed
in its entirety and provide the Public Works Director and Mayor with general purchasing authority
for budgeted items in addition to change order authority, given the limitations previously defined.
Councilmember Putaansuu moved and Councilmember Colebank seconded the
motion to adopt Resolution No. 070-09, repealing Resolution No. 059-09, and
providing the Public Works Director and Mayor with general purchasing authority
for budgeted items in addition to change order authority, given the limitations
previously defined. Upon vote, the motion passed unanimously.
Adoption of Resolution No. 071-09, Authorizing the Mayor to Execute Contract with
Kitsap Harbor Tours, LLC for Foot Ferry Service. City Clerk Kirkpatrick presented the staff
report, noting at its June 23, 2009, meeting, the Council approved contracting for extended hours
of foot feny service 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 negotiated with Kitsap Harbor Tours
to operate the Foot Feny 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, the City
of Bremerton, Port of Bremerton, and the City of Port Orchard. In addition, the Lodging Tax
Advisory Committee (LTAC) met to discuss foot ferry funding for Festivals that occur on Sundays
and on June 10, 2009, agreed that having the foot ferry operate for the five Festivals was within the
boundaries of using Hotel/Motel Tax Funding. Staff recommends that the Council authorize the
Mayor to execute a contract with Kitsap Harbor Tours, LLC for Foot Feny Services out of the
Hotel/Motel Tax funds in an amount not to exceed $1,900, which is the City's one-third share of
the total operation costs. Foot feny service hours for the following Sundays: June 28, August 9,
August 30, September 6, and September 13, 2009.
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Councilmember Chang moved and Councilmember Colebank seconded the motion to
adopt Resolution No. 071-09, authorizing the Mayor to execute a contract with Kitsap
Harbor Tours, LLC for Foot Ferry Services using the Hotel/Motel Tax funds in an
amount not to exceed $1,900, which is the City's one-third share of the total
operation costs. Foot ferry service hours for the following Sundays: June 28, August
9, August 30, September 6, and September 13, 2009. Upon vote, the motion passed
unanimously.
Adoption of Resolution No. 072-09, Authorizing the Mayor to Execute Contract with
Rodney Ewing Repairs to Library Mural. Public Works Director Dorsey presented the staff
report, noting on June 26, 2009, the Finance Committee reviewed a request from Library Director
Kathleen Wilson to repair the Library Mural on the outside of the building. The Finance Committee
recommended that the City contract with Mr. Rodney Ewing, who is a local artist, to repair the
mural for an amount not to exceed $800. On July 8, 2009, the Public Property Committee met with
Mr. Rodney Ewing who explained his background in working with painting on concrete surfaces
and provided samples of his artwork. The Public Property Committee also recommended that the
City move forward with hiring Mr. Ewing to make the necessary repairs to the Library Mural prior
to the Cedar Cove Days event. Staff recommends adopting Resolution No. 072-09, authorizing the
Mayor to execute contract with Rodney Ewing for Repairs to the Libra1y Mural upon review and
approval of the City Attorney, in an amount not to exceed $800
Councilmember Powers moved and Councilmember Colebank seconded the motion
to adopt Resolution No. 072-09, authorizing the Mayor to execute contract with
Rodney Ewing for repairs to the Library Mural upon review and approval of the City
Attorney, in an amount not to exceed $800. Upon vote, the motion passed
unanimously.
Authorization to Issue a RV Parking Permit Exemption. City Clerk Kirkpatrick presented
the staff report, noting Mr. Hetrick, 1202 Garrison Avenue, has submitted a request for exemption
of his parking permit for his 1981 Southwind Motor Home, License No. 261 MFD, which was
previously exempted for the past five years. On October 28, 2008, the Council adopted Ordinance
No. 040-08, which sets forth the criteria for a recreational vehicle exemption permit. Staff
recommends the Council approve the request to issue a recreational vehicle parking permit
exemption to expire when the vehicle is sold or no later than December 31, 2014.
Councilmember Colebank moved and Councilmember Childs seconded the motion to
authorize the issuance of a recreational parking permit exemption for a Southwind
Motor Home, License No 261 MFD to expire when the vehicle is sold or no later than
December 31, 2014. Upon vote, the motionfailed with two affirmative votes and.five
dissenting votes. Councilmembers Powers and Childs cast the two affirmative votes.
Approval of Public Event Application: Paint the Town. City Clerk Kirkpatrick presented the
staff report, noting Kraig Kitchin has submitted an application for a Public Event, Paint the Town
to be held on Sunday, August 2, 2009, in the downtown area of Bay Street Fredericks to Harrison.
Starting July 27, 2009 and ending August 1, 2009, will be a clean-up for the Sunday, Paint the
Town event. The City departments, as well as the Fire Department, have received the application
and submitted their recommendations and/or comments before the Council meeting. The applicant
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is seeking permission to host their event using a portion of the City's right-of-ways on Bay Street,
with anticipated street closures on Sunday August 2nd. Staff recommends approving the Public
Event application for the Paint the Town to be held on Sunday, August 2, 2009.
Public Works Director Dorsey explained the event should be approved based on the conditions
provided to Council; and Police Chief Townsend stated with short notice to the State the event
organizers need to anticipate the possibility of the State not agreeing to allow the anticipated road
closures.
Councilmember Colebank moved and Councilmember Childs seconded the motion to
approve the Public Event application for Paint the Town, which will be held on
Sunday, August 2, 2009, using a portion of the City's right-of-ways on Bay Street,
upon the review of the City departments, as well as the Fire Department. Upon vote,
the motion passed unanimously.
Discussion: Population Signs. Councilmember Clauson explained with our monumental
milestone of increasing to over 10,000 residents we may want to replace the signs now, rather than
waiting until the official demographic review provided by the Office of Financial Management and
as a result of the 2010 census.
Councilmember Clauson moved and Councilmember Putaansuu seconded the motion
to authorize the City Public Works Director to update the population signs to include
the most recent annexation of McCormick Woods. Upon vote, the motion passed
unanimously.
CITIZENS COMMENTS
Dick Davis voiced his pleasure at being a City resident, thanked the Council and staff for their
continued support, and voiced concern with the sewage odor problems and inquired as to when the
City would be resolving the matter.
Councilmember Clauson moved and Councilmember Putaansuu seconded the motion
to not prorate the first eight days of the July 50% surcharge on water/sewer for the
residents of McCormick Woods. Upon vote, the motion passed unanimously.
Councilmember Chang recommended that new residents who wish to receive the Council's agenda
by email to contact the City Clerk's office and request to be added to the Agenda Distribution List.
Ron Bates, 204 Rockwell, voiced his opposition with recreational vehicle's (RV) being allowed to
park on City rights-of-way.
COMMITTEE REPORTS
Councilmember Colebank reported that after several discussions with the Puget Sound Regional
Council, the Transportation Policy Board voted to extend the comment period for the 2040
Environmental Impact Statement Alternatives to July 31, 2009.
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Councilmember Putaansuu announced that the July 15, 2009, Sewer Advisory Committee meeting
has been reschedule for August 19, 2009, at 6:30 p.m. at the South Kitsap Water Reclamation
Facility.
Councilmember Clauson announced the Finance Committee will meet on July 15, 2009, at 7:00
a.m. at Bayview Deli and Java.
Councilmember Childs announced the City's Tourism and Festival Chimes and Lights Committee
will meet on Wednesday, July 15, 2009, at 5:30 p.m. at City Hall.
Councilmember Powers announced the Kitsap Regional Coordinating Council (KRCC) will be
hosting a meeting regarding the 108 Hud Loans on July 29, 2009, at 3:00 p.m.
MAYOR'S REPORT
Mayor Coppola reported on the following:
• Attending the Kitsap County Housing Authority Budget meeting
• Attending the Kitsap Transit Personnel Committee meeting
• Attending the opening of a new self-help housing program
• Meeting with Cary Bozeman, Executive Director for the Port of Bremerton regarding the
parking garage
• Speaking engagement at the South Kitsap Rotary Club
• Meeting with Delilah regarding Paint the Town
• Attending the Harrison Hospital ribbon cutting
• Meeting with the new President ofthe Chamber of Commerce
REPORT OF DEPARTMENT HEADS
City Clerk Kirkpatrick announced there will be a Ribbon Cutting Ceremony at the Clayton
Playground to celebrate the "Big Toy" located on Dwight street on Wednesday, July 15, 2009 at 1:00
p.m.; a Ribbon Cutting Ceremony at the McCormick Woods entrance to welcome them into the City
on Monday, July 20, 2009, at 3:00 p.m.; and she attended the Gig Harbor Chamber of Commerce
to begin forming partnerships with other area Chambers of Commerce.
Public Works Director Dorsey announced the 2009 Storm Water System Plan presentation will be
held at the July 21, 2009, Work Study Session and the bid opening for the Drilling of the Well No. 11
will be held on July 21, 2009, at 2:00 p.m., with bid approval at the July 28, 2009, regular meeting.
City Treasurer Tompkins advised that the property Mr. Nystrom is interested in purchasing from
the City is in fact being held in trust for the ULID and her office will conduct additional research as
to how to properly dispose of the property and bring back at a future Council meeting.
or Coppola adjourned the meeting.
Patricia J. Kirkpatrick, CMC, City Clerk