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07/28/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of July 28, 2009 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Mayor Pro- Tern Carolyn Powers, Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Rob Putaansuu were present and constituted a quorum. Public Works Director Mark Dorsey, Development Director James Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, and Assistant City Attorney Jennifer Forbes were also present. A. Pledge of Allegiance James Kelsey led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Evelyn Hetrick voiced concern with no residential parking for residents living above businesses on Bay Street. City Clerk Kirkpatrick requested Ms. Hetrick provide her with contact information and that either the Chief of Police or the Mayor would call and discuss the matter with her. Ron Rice provided four handouts to the Council and explained his concerns with the rate increase for storm water, noting that the original letter did not clearly explain that the first three months of the billing cycle were to be paid at the 85% of impervious surface. He did not feel that residents who did complete the necessary documentation calculating their impervious surface should have to pay any penalties and interest and urged the Council to waive the interest and penalties. Heather Cole provided a brief update on the Paint the Town event, noting they anticipate 300-500 volunteers over the weekend; Bay Street has been broken up into four quadrants; all participating building owners have chosen their paint colors; volunteers can still sign up at www.portorchardpaintthetown.com; and she thanked the Council for their continued support. Mayor Coppola and Councilmembers thanked Heather and the Paint the Town organizers for their hard work and effo1ts. 3. APPROVALOFAGENDA The following items were added to Business Items: • Discussion: Advismy Vote for November Election • Discussion: Bay Street Parking • Discussion: Address a comment in the Finance Committee minutes The following item was moved from Consent to Business Items: Minutes of July 28, 2009 Pa e 2 of 12 • Adoption of Resolution No. 074-09, Authorizing the Mayor to Execute a Contract with the City of Forks for Jail Services Councilmember Olin MOVED and Councilmember Colebank seconded the motion to approve the Agenda as amended. Upon vote, Ow motion passed unaniniously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants #52004 through #52064 in the amount of $72,354.95 B. Approval of the July 14, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to August 18, 2009, at TOO p.m. at City Hall D. Adoption of Resolution No. 073-09, Correcting Scrivener's Error in Resolution No. 068-09, Regarding Duplicate Numbers and Authorizing the City Treasurer to Make an Inter-Fund Loan Transfer E. l,doption of Resolution No. 074 09, Authmizing the Mayor to Execute a Contract with the City of Forks for Jail Services F. Adoption of Resolution No. 075-09, Authorizing Modification of the Water Retail Service Area G. Adoption of Resolution No. 076-09, Authorizing the Mayor to Execute a Contract with Calm River Demographics Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda as an1ended. Upon vote, the motion passed unanimously. 5. PRESENTATION A. Proclamation: 2010 Census The Kitsap Coordinating Regional Council requested the proclamation. It was read into the record by Councilmember Childs. It acknowledges the City of Port Orchard's participation in the 2010 Census. B. Presentation: Donation of Art Sculpture -James Kelsey James Kelsey, a local sculptor presented his idea of bringing att to the community that would be privately funded and once the funding goal is reached he would build the sculpture, and then donate it to the City. He anticipates the sculpture to be 15 feet tall and that it will take six months to a year to sculpt. Councilmembers voiced the following concerns: Minutes of July 28, 2009 Pae of12 • If funding goal not reached, what would happen with the funds? Mr. Kelsey assured the Council that if the goal was not reached all funding would be returned to the contributor. • How will he accommodate those contributors that do not utilize the internet? Mr. Kelsey explained that he would accept checks as well as on-line payment, however, all money will be returned if the goal is not reached. • Has he looked into grants from associations such as the Washington State Arts Association? Mr. Kelsey advised he has looked into that particular association, and would continue to seek out grants, but noted they were very limited and very competitive. Mr. Kelsey advised that the website would be up and running on Saturday, August 15, 2009, and donations would be accepted until September 15, 2009. He was encouraged to make his presentation to local service area clubs. C. Update: Branding Committee -Coreen Haydock-Johnson, Port Orchard Chamber of Commerce Bek Ashby, Shop SK First Chair, provided a brief update of the program, noting over 85 businesses have signed up. The Committee is creating display pieces for local area merchants to help prompt buyers to use their reward cards. Coreen Haydock-Johnson, Executive Director, Chamber of Commerce, provided a brief update on the following three areas: • Legislative Committee. The Committee was created to strengthen the Chamber's relationships with state and local elected officials, and she noted that a round table discussion is held on the second Tuesday of each month at 8:oo a.m. at Bayview Java and Deli. Further, the Committee is seeking input from local businesses to help formulate legislative action on issues affecting our local area. • Tourism. Ms. Johnson provided a visitor's map and a walking map to the Council and explained the different types of ads the Chamber does each year to help bring tourism to Port Orchard, such as Sunset Magazine, from which they get their readership response by the number of mailings they do of local information. • Branding Committee. Ms. Johnson provided a brief history of the Committee, noting it was formed in September of 2008, and during that time the Committee came to the conclusion that Port Orchard is not a tourism destination and moved their focus as a great place to live, work, and open a business. Out of this process, the tagline, Come Visit, We have saved a place for you! was found and a positioning statement was created as well. Ms. Johnson provided a copy of the positioning statement as well as samples of how the logo could be incorporated for different types of businesses, such as Come Play, Come Shop, Come Dine, etc. Ms. Johnson Minutes of July 28, 2009 Pae of12 wrapped up with inviting the Council to comment on the Brand's positioning statement, logo, and tagline. 6. PUBLIC HEARING There were no Public Hearings. 7. BUSINESS ITEMS A. First Reading of Ordinance No. 019-09, Amending Port Orchard Municipal Code by Adding a New Chapter 15.30 Illicit Discharge Detection and Elimination Assistant City Engineer Archer presented the staff report, noting in January of 2007, the Washington State Department of Ecology issued a National Pollutant Discharge Elimination System (NPDES) Phase II municipal storm water permit to the City of Port Orchard under its delegated authority to implement requirements of the federal Clean Water Act. The NPDES storm water permit pettains to municipal storm sewer systems that discharge surface waters (such as streams, lakes, and bays) and which are not part of a combined storm and sanitary sewer system. The permit also mandates that specific prohibition requirements and escalating enforcement provisions are to be included in the ordinance. Sections 15.30.070 and 15.30.14o(B) of the proposed code chapter address these requirements. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to adopt Ordinance No. 019-09, amending the Port Orchard Municipal Code by adding Chapter 15.30 Illicit Discharge Detection and Elin1ination and move to second reading and adoption at the August 11, 2009, City Council Meeting. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Colebank cast the dissenting vote. B. Adoption of Ordinance No. 020-09, Establishing a Temporary Credit for Storm Drainage Service Charges for Commercial and Multifamily Accounts Public Works Director Dorsey presented the staff report, noting on November 25, 2008, the Council adopted Ordinance No. 037-08, thereby establishing billing rates for the City's storm drainage utility (POMC 13.06) to be effective January 1, 2009. For commercial and multifamily accounts the initial billing rate presumed that 85% of the property was impervious surface but recognized that the service charge would be adjusted upon the City's determination of the actual percentage of impervious surface. In February 2009, in response to public comments, the Council adopted Ordinance No. 005-09, allowing property owners to submit proof that their actual percentage of impervious surface was less than 85%. However, neither ordinance provided for a credit against prior charges in the event the actual percentage was less than 85%. Several property owi1ers have since Minutes of July 28, 2009 Pa e of12 demonstrated to the staffs satisfaction that their actual percentage of impervious surface is less than 85%. AE, a result, their service charges have been adjusted prospectively but the property owners have requested a retroactive credit. This matter was discussed at the City Council's July 21, 2009, Work Study Session and the consensus was for staff to prepare for Council's consideration an ordinance that would provide a tempora1y credit retroactive to Januaiy 1, 2009. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to adopt Ordinance No. 020-09, establishing a temporary credit for storm drainage service charges for commercial and multifamily accounts. Councilmember Clauson voiced support of the temporaiy credit, noting it should be an incentive for property owners to complete the form prior to the end of the year. Public Works Director Dorsey explained that staff was purchasing a GPS unit, which they will begin using in the fall and that the storm water enterprise fund is showing a $26,000 deficit. Councilmember Olin MOVED and Councihnember Powers seconded the motion to amend Ordinance No. 020-09, to add language to eliminate penalties and fees for those property owners that have sub111itted their adjustments relating to storm water. Council members held a brief discussion on the benefits of including a credit on interest and penalties; however, they indicated that staff could bring back an amendment in the future, if needed. Councilmember Olin, with the concurrence of the second Councilmember Powers, WITHDREW his motion. Upon vote, the motion to adopt 01'dinance No. 020-09, passed unanimously. C. Adoption of Resolution No. 077-09, Authorizing the Mayor to Execute a Contract with Charon Drilling, Inc. for Well No. 11 at McCormick Woods Public Works Director Dorsey presented the staff repo1t, noting as a requirement of the Well No. 11 Rights (located at Mitchell Point), the Department of Ecology (DOE) required the reconstruction of existing Well Nos. 1, 2, 3 and 4B located within the McCormick Well Field into the deeper, below sea level aquifer. Well No. 4B has already been completed. On June 29, 2009, the Notice to Bidders was published in the Port Orchard Independent for submittal of written proposals and quotations for the Well No. 11 Cable-Tool Drilling project (formerly Well No. 5) to replace existing Well Nos. 1, 2 and 3. Minutes of July 28, 2009 Pa e 6 of 12 On July 21, 2009, on or before 1:00 p.m. the City Clerk received a total of three (3) written proposals and quotations, with the lowest qualified bid being from Charon Drilling, Inc. in the amount not to exceed $272,314.50. The Engineers estimate for this project is $273,360. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 077-09, authorizing the Mayor to execute a contract with Charon Drilling, Inc. in an amount not to exceed $272,314.50 for the Well No. 11 Cable-Tool Drilling Project (PW2009-01) at McCormick Woods. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 078-09, Authorizing the Mayor to Execute a Memorandum of Understanding between City of Port Orchard, City of Bren1erton, and the Port of Bremerton for Foot Ferry Services City Clerk Kirkpatrick presented the staff report, noting based upon prior Council action authorizing use of Hotel/Motel Tax Funding to help offset the City's costs to ensure extended hours of operation for foot ferry service on five Sundays where festivals/event occur, staff negotiated a pattnership and subsequent agreement with the City of Bremerton and the Pott of Bremerton. The Memorandum of Understanding outlines the terms and conditions as to the responsible parties for payment of the foot ferry services and number of operating hours on an hourly rate of $146.25 per event day. Councilmember Olin MOVED and Councilme1nber Colebank seconded the motion to adopt Resolution No. 078-09, authorizing the Mayor to execute a Memorandum of Understanding between the City of Port Orchard, the City of Bremerton, and the Port of Bremerton. Councilmember Clauson stated that he is an employee of Kitsap Transit; however, he has no involvement with Kitsap Harbor Tours and inquired if anyone in the audience perceived a conflict with his voting on this matter. There were no objections. Upon vote, the n1otion to Adopt Resolution No. 078-09, passed u11a11in1ously. E. Adoption of Resolution No. 079-09, Authorizing the Mayor to Execute a Contract with the City's Finance Committee Chair Regarding Foot Ferry Festival Funding Reimbursement from the Hotel/Motel Tax Fund City Clerk Kirkpatrick presented the staff repo1t, noting at its June 23, 2009, meeting the Council approved a recommendation from the Lodging Tax Advis01y Committee to use up to $1,900 in Hotel/Motel Tax Funds to pay for its portion of extended hours of operation for the foot feny during festivals that occur on Sundays. Agreements with the City of Bremerton, the Po1t of Bremerton and Kitsap Harbor Tours have previously been approved by the Council. This is the final agreement regarding the foot ferry funding. The City Minutes of July 28, 2009 Pa e of12 Attorney recommended that the Finance Committee Chair sign the Civic Festival Agreement as it would be a bit redundant to have the Mayor sign for the City twice. At its July 15, 2009, meeting the Finance Committee agreed with the City Attorney's recommendation. Councilmember Colebank MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 079-09, authorizing the Mayor to execute a contract with the City's Finance Committee Chair regarding foot ferry festival funding reimbursement from the Hotel/Motel Tax Fund in an amount not to exceed $1,900. Upon vote, the motion passed unanimously. F. Confirmation of Mayoral Appointments to the Lodging Tax Advisory Committee City Clerk Kirkpatrick presented the staff report, noting each year, the City Council is asked to approve the Mayor's recommendation for the appointments to the Lodging Tax Advisory Board (pursuant to Resolution No. 1780). RCW 67.28.1817 requires at least two members of the advisory committee be from establishments that collect Lodging Tax, with the remaining members being from organizations that are "involved in activities authorized to be funded" by the hotel/motel tax fund. Councilmember Chang is the current chair of this committee. The Mayor recommends appointment of members from Comfort Inn, Days Inn, and Hidden Treasures Bed and Breakfast as well as members from the following organizations: Kitsap Visitor and Convention Bureau, Fathoms O'Fun, Po1t of Bremerton, and Port Orchard Bay Street Association. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to approve the Mayor's appointn1ent of representatives fron1 Comfort Inn, Days Inn, and Hidden Treasures Bed and Breakfast as well as members from the following organizations: Kitsap Visitor and Convention Bureau, Fathoms O'Fun, Port of Bremerton, and Port Orchard Bay Street Association. Councilmember Chang inquired if more members can be appointed to the Committee. After a review of RCW 67.28.1817, Assistant City Attorney Forbes clarified that there is a minimum of two hoteliers and two representatives from the recipients and that if the Council wants to increase the Committee that it would have to remain equal numbers from the hoteliers and recipients. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to amend by removing the Kitsap Visitor and Convention Bureau from serving on the Lodging Tax Advisory Committee. Upon vote, the motion to amend passed unanimously. Upon vote the main motion as untended passed unanimously. Minutes of July 28, 2009 Pa e 8 of12 G. Approval of Public Event Application: Mopar Alley Lounge Kickoff City Clerk Kirkpatrick presented the staff report, noting Don Hoem submitted an application for Public Event, Mopar Alley Lounge Kickoff to be held on Saturday, August 8, 2009, in the Hi-Joy Bowl Parking lot. Race cars will be lined up for viewing in the parking lot and at approximately 7:00 p.m. the race cars will start and run their engines for about one (1) minute and then shut down. The City departments, as well as the Fire Department, have received the application and have attached their recommendations and/or comments for Council review. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to approve the Public Event application for the Mopa1· Alley Lounge Kickoff to be held on Saturday, August 8, 2009. Upon vote, the 1notion passed unanin1ously. H. Approval of Public Event Application: Concerts on the Bay City Clerk Kirkpatrick presented the staff report, noting Al Mahaney submitted an application for a Public Event, Concerts on the Bay to be held on Thursdays of each month beginning July 8, 2009, at the Waterfront Marina and Gazebo Area. This event begins at 6:30 p.m. and ends at 8:30 p.m. The event has been occurring every summer for the last ten years. In 2008, Kitsap County announced it would no longer put on the Concert Series. A group of concerned citizens met in late December of 2008 and began the process of putting together a 10-conceit series for the summer of 2009. One item that slipped by everyone is the approval of the public event application. So far there have been five successful conceits with over 500 people in attendance at each event. There are five conceits remaining as follows: July 30, August 6, August 13, August 20, and August 27. The City departments, as well as the Fire Depaitment, have received the application and have attached their recommendations and/or comments for Council review. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to approve the Public Event application for the Concerts on the Bay series, to be held on Thursday evenings through August 27, 2009 from 6:30 p.m. to 8:30 p.m., and to allow A-Board signs to be placed at the following locations: Top of Port Orchard Boulevard; at intersection of Port Orchard Boulevard and Bay Street; Harrison and Bay Street; and the Bethel Roundabout. Upon vote, the motion passed unanin1ously. I. Approval of Public Event Application: Art Walk City Clerk Kirkpatrick presented the staff report, noting Danyl Baldwin, President of the Port Orchard Bay Street Association, submitted an application for public event, Art Walk to be held on the third Friday of each month. The first Ait Walk began June 19, 2009, and the Minutes of July 28, 2009 Pae of12 next one will be held August 21, 2009. City departments, and the Fire Department, have received the application and have attached their recommendations and/or comment for Council review. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve the Public Event application for the A1·t Walk to be held on the third Friday of each month. Upon vote, the nwtion passed unanimously. J. Discussion: Advisory Vote to be Placed on the November General Election Councilmember Olin MOVED and Councilmember Chang seconded a motion to direct staff to prepare an advisory vote of the citizens of the City of Port Orchard regarding the Mayor being a full-time position with a full-time salary. Councilmember Olin voiced his support, noting that while he supports the work the current Mayor is doing, he would like to hear from the community regarding the Mayor's full-time salaiy, which would also allow future candidates to know exactly what the salary will be prior to running for office. Councilmembers Clauson, Putaansuu, Childs, Colebank, and Powers voiced their objections, noting the following: • Each Councilmember was elected to make decisions on behalf of the entire community • An advisory vote would not affect the Mayor's salary and would be confusing to the voters • The Council sets all other employee salaries and should make the decision regarding the Mayor's salary Councilmember Chang inquired if the Council was interested in holding a special election to move from a Council/Mayor to Council/Manager form of government, which would require a vote of the people. The roll call vote was Councibnembers Chang and Councilmembers Childs, Clauson, Colebank, Powers, opposed. The motion FAILED. Olin in favor. and Putaansuu K. Adoption of Resolution No. 074-09, Authorizing the Mayor to Execute a Contract with the City of Forks for Jail Services City Clerk Kirkpatrick presented the staff report, noting this is a new contract between the City and the City of Forks. Currently, Kitsap County Jail (KCJ) is $So per day and the Forks Jail is $60 per day. Only those serving longer commitments will be sent to Forks due to the transpottation needs to get the prisoner to the Forks Jail. Transportation to the Forks Jail Minutes of July 28, 2009 Pa e 10 of 12 will be arranged in concert with other agencies meeting to go to Forks and will occur only once per week. The transports will be handled by our court security office at a time outside of normal court hours. Those prisoners committed to the Forks Jail may have to spend a few days in the Kitsap County Jail awaiting their transport day. Like the Kitsap County Jail, all medical expenses are the responsibility of the City. Transpo1t home for the prisoners at the completion of their sentence is via a bus taken from Forks and is provided as part of the fee paid to the City of Forks. This is not a replacement for the Kitsap County Jail; rather KCJ will be used for short-term commitments and for arrests in the field or when the prisoner is in jail due to charges/ sentences of multiple jurisdictions. Councilmember Chang MOVED and Counciln1ember Colebank seconded the motion to adopt Resolution No. 074-09, authorizing the Mayor to execute contract with the City of Forks for Jail Services. Upon vote, the n1otion passed unanimously. L. Discussion: Two (2) Hour Parking on Bay Street Councilmember Chang explained that he brought this up for discussion in response to a request received from the owner of Recognition Plus. The request was to turn the parking along Bay Street by their business to 2-hours as currently there is no restriction. The Council directed that this item be discussed at the next Public Property Committee meeting. M. Discussion: Addressing a Co1nn1ent in the Finance Con1mittee Meeting Minutes Councilmember Chang wondered what was meant by the statement, "Departments are trying to implement budget reductions as requested but the Council approves items not in the budget which counteracts the savings." Councilmember Clauson explained that staff has been asked to reduce spending; however, the Council has approved non-budgeted items such as the snow plow, additional septic pumping, and repairs to the HVAC at City Hall. No further action was taken. 8. CITIZENS COMMENTS There were no citizen comments. COMMITTEE REPORTS Councilmember Clauson noted that the next Finance Committee meeting will be held on August 7, 2009, at Myhre's; and reported that he attended the first meeting regarding revenue sharing with the Mayor and Councilmember Powers, noting there was good discussion on all of the issues. Minutes of July 28, 2009 Pa e 11 of 12 Councilmember Childs repo1ted the Flag Pole/Triangle project will be completed on Saturday, August 1, 2009, and was recruiting volunteers. Councilmember Powers announced the Public Property Committee will be meeting on Thursday, August 13th at 3:00 p.m. at City Hall, and she advised that the City of Port Orchard would receive its funding for right-of-way acquisitions for the Tremont Widening Project. MAYOR'S REPORT Mayor Coppola reported on the following activities: • Receipt of $234,000 Federal COPS grant to fund one police officer, including all equipment, for three-year period. • Attended the revenue sharing meeting • Attended the McCormick Woods ribbon cutting and reception • Presented the Mayor's Award during the Mustangs on the Water front event • Met with Brian Sauer, Port of Bremerton regarding parking on water front, which he requested be discussed at the Public Property Committee meeting • Met with Mr. James Kelsey regarding his art project • Met with the Paint the Town committee and downtown merchants regarding the upcoming event • Met with Jim Kendall regarding Fiber optic cable for the whole City • Attended the Housing Authority budget review committee, noting the budget has been adopted though there will be amendments • Hosted a group of Chinese exchange students • Met with Mike Straub, incoming Chamber President • Attended the Gig Harbor Chamber Meeting to promote Port Orchard for economic development • Reported that it looked like a grocery store would be coming to downtown REPORT OF DEPARTMENT HEADS Public Works Director Dorsey repo1ted that the Paint the Town event coordinators were requesting street closures for delivety of dumpsters which will be placed in the parking stalls on Bay Street. Delivery is expected to be on Friday afternoon; however, staff has contacted Waste Management to work out an arrangement for Saturday delive1y with pickup occurring before 6:30 a.m. on Monday, August 3rd. At this time, Waste Management is looking into this accommodation, but in the event they are unable to work around the schedule, staff requested direction from the Council regarding delivery of the dumpsters. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to allow the City Engineer, if necessary, to close parking along Bay Minutes of July 28, 2009 Pa e 12 of 12 Street on Friday, July 31, 2009, to allow for delivery of dumpsters in anticipation of the Paint the Town event being held that weekend. Upon vote, the motion passed unanimously. Staff will work with Waste Management and the event coordinators to ensure all Bay Street merchants are aware of the delivery date, time, and location of the ten dumpsters. Development Director Weaver advised that staff was processing the documents for McCormick Woods received from Kitsap County in order to ensure no delays in permit processing; staff is working with Quadrant regarding the creation of an electronic permit process; and staff is working on three block grant applications for downtown improvement and revitalization. ADJOURNMENT At 9:40 p.m. May r Coppola adjourned the meeting.