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08/11/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 11, 2009 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at TOO 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, Assistant City Engineer Archer, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Rodika Tollefson led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Ron Rice requested the City refund excess charges in relation to the storm drainage utility fees. Jonathan Thomas, Grays Harbor Historical Seaport Authority stated he is available to answer any questions the Council may have regarding the Public Event Application: Tall Ships. Rod Ewing reported the Library Mural was moving along and that he would have it finished ahead of schedule. Councilmembers thanked Mr. Ewing for his work, noting that he was doing a great job. 3. APPROVALOFAGENDA The following items were added to Business Items: • Discussion: Library Mural Funding • Discussion: Cedar Cove Tidbits • Ten-minute Executive Session regarding potential litigation Councilmember Olin MOVED and Councilmember Colebank seconded the motion to approve the Agenda as amended. Upon vote, the motion passed unanimously. 4.APPROVALOFCONSENTAGENDA A. Approval of Claim Warrants #52065 through #52164 in the amount of $236,174.26; July's Payroll Warrants #142474 through #142537 in the amount of $460,926.13; and Treasurer's check book in the amount of $2,188,757.83. B. Approval of the July 21, 2009, Work Study Session Meeting Minutes C. Approval of the July 28, 2009, Council Meeting Minutes D. Second Reading and Adoption of Ordinance No. 019-09, Adding a New Chapter 15.30 Illicit Discharge Detection and Elimination E. Adoption of Resolution No. 080-09, Correcting Scrivener's Error in Resolution No. 067-09, Regarding Duplicate Numbers and Authorizing the Mayor to Execute Local Agency Agreement Supplements for Bay Street Seawall and Port Orchard Boulevard Sidewalks Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Second Reading and Public Hearing: Water and Sewer Rate Increase Public Works Director Dorsey presented the staff report, noting that staff did not properly notice the First Reading and Public Hearing held on July 14, 2009; therefore a second First Reading and Public Hearing must occur and notice for this evening's Public Hearing was published in the Port Orchard Independent on July 24, 2009. 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 Sanitary 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 -Sanit!lry Sewer $11.20 bimonthly $ 3.50 bimonthly $ z.50 bimonthly $22.20 bimonthly It was discussed and decided 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 Annexation issue, being $11.00 bimonthly Minutes of August 11, 2009 Pa e of combined, will be resolved in 2009 and the Capital Improvement Program (CIP) needs will be resolved in 2010. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:09 p.m. 7. BUSINESS ITEMS A. Adoption of Resolution No. 081-09, Authorizing the Mayor to Execute a Local Agency Agreement Supplement for Tremont Street Widening Assistant City Engineer Archer presented the staff report, noting in February of 2005, the City entered into a Local Agency Agreement with the Washington State Department of Transportation for the Tremont Widening Project with design money. The project includes two roundabouts, one at South Kitsap Boulevard and one at Pottery Avenue, sidewalks down both sides of the street, storm drainage improvements if needed, and center island planter strip. Since February of 2005 the City has managed to secure money for acquiring right-of-way along the project corridor, including the funding obligation included here. Prior to this obligation the City has secured $700,000 in design funds and $1,130,161 in right-of-way funds. This obligation adds $1,485,462 to the right-of-way process. Councilmember Chang announced a potential conflict as he is a Department of Transportation employee; however, he does not stand to gain financially from this contract. There were no voiced objections to his voting on this matter. Councilmember Powers MOVED and Councilmember Childs seconded the motion to authorize the Mayor to execute the Local Agency Agreement Supplement to obligate the money for right-of-way for the Tremont Street Widening Project. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Colebank cast the dissenting vote. B. Adoption of Resolution No. 082-09, Authorizing the Mayor to Execute Amendment No. 1 for Real Property Acquisition Agreement for Aid, GCA4265 Public Works Director Dorsey presented the staff report, noting in November of 2004 the City entered into a contract titled Government Agreement for Aid with the Washington State Department of Transportation (WSDOT). The agreement relates to right-of-way for land acquisition, relocation, and related services with respect to highways, roads and streets. The agreement is due to expire this November. WSDOT has proposed to extend the agreement another five years through amendment number 1 with a new expiration date of November 17, 2014. With this agreement, City staff is able to utilize the State Real Estate Services for right-of-way acquisition on road projects. Minutes of August 11, 2009 Pa e of Councilmember Chang announced a potential conflict as he is a Department of Transportation employee; however, he does not stand to gain financially from this contract. There were no voiced objections to his voting on this matter. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to authorize the Mayor to execute Amendment No. 1 for Real Property Acquisition Agreement for Aid, GCA 4265. Upon vote, the motion passed unanimously. C. Approval of Public Event Application: Port Visit of S/V Lady Washington- Tall Ships City Clerk Kirkpatrick presented the staff report, noting Jonathan Thomas of Grays Harbor Historical Seaport Authority submitted an application for Public Event, Port Visit of Sailing/Vessel Lady Washington to be held starting Tuesday, August 25, 2009 and ending Thursday, August 27, 2009, in the Port Orchard Marina. This event will provide historical education, dockside ship tours, battle reenactments sails, marine time education and goodwill visits for our community. The City departments, as well as the Fire Department, have received the application and have attached their recommendations and/or comments for Council review. As part of the battle reenactments and entry into the Port, the applicant plans to do cannon salutes from the West entrance of Rich Passage north through Port Orchard Passage, and as far North as Agate Pass, and in the area of Bremerton and Port Orchard Marinas in Sinclair Inlet. The cannon salutes are by black powder and will not be fired after 9 p.m. on any given day. The ships have been inspected by the United States Coast Guard and are operated under CFR 46-160.038 and CFR 49-176.150. The applicant has taken steps to insure the Navy, Coast Guard, Sheriffs office, local police, fire departments, as well as the Kitsap Sun to be notified well in advance of their arrival and cannon salutes. Jonathon Thomas, provided information on the Tall Ships event as follows: • Arriving around August 25, 2009 • Dockside Tours and Battle Sail's are still available • More information can be found by visiting www.historicalseaport.org Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve the Public Event application for the Port Visit of S/V Lady Washington to be held starting Tuesday, August 25, 2009 and ending Thursday, August 27, 2009, in the Port Orchard Marina. Upon vote, the motion passed unanimously. Minutes of August 11, 2009 Pa e of Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to excuse Councilmember Putaansuu from the August 25, 2009, Council meeting. Upon vote, the motion passed unanimously. D. Funding for Library Mural Councilmember Colebank MOVED and Councilmember Childs seconded the motion to pay Mr. Ewing an additional $400 for his repair work on the Port Orchard Library Mural Project. Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to amend by adding the language: with funds from the Cumulative Reserve for Municipal Facilities Fund. Upon vote, the motion to amend passed unanimously. Upon vote, the main motion as amended passed unanimously. E. Discussion: Cedar Cove Tidbits Councilmember Childs voiced his appreciation to Public Works Employee Dennis Muldrow and all the volunteers that helped redo the triangle area on the corners of Bay Street, Kitsap Street, and Cline Avenue. He questioned whether the flag was the correct size. City Clerk Kirkpatrick advised that staff had just replaced the flag and is looking into purchasing a larger size flag. Councilmember Putaansuu noted that a representative from the Veterans of Foreign Wars (VFW) was in the audience and when asked, indicated that the VFW would purchase the correct size flag and present the flag to Council at their August 25, 2009, regular meeting. In response to Councilmember Childs' inquiry, Public Works Director Dorsey will contact the Port of Bremerton regarding use oftheir restrooms during the Cedar Cove Days. 8. CITIZENS COMMENTS Heather Cole voiced her appreciation to the Council and citizens for all the hard work that was put into the Paint the Town event. She indicated there is still more work to be done and hopes to have the buildings completed before Cedar Cove Days. Ms. Cole inquired as to proper procedure to discuss repainting of the Marquee in a lighter color. The Council directed staff to place the matter of repainting the Marquee on the August 18, 2009, Work Study Session agenda. Minutes of August 11, 2009 Pa e 6 of Tim Waibel voiced concern that citizens be allowed the opportunity to have a chance to voice concerns with changing the color of the Marquee during the August 18, 2009, Work Study Session. Mallory Jackson voiced opposition of repainting the Marquee and reminded the Council that the Port Orchard Bay Street Association has dedicated a lot of time in collaborating with local businesses and the City to reach a mutually agreed upon color. 9. COMMITTEE REPORTS Councilmember Clauson MOVED and Councilmember Powers seconded the motion to allow the property adjacent to 2569 East Williams be available for purchase by Mr. Steve Nystrom for $26,030, with the caveat that Mr. Nystrom could pay for his own appraisal to determine final sales price. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. Councilmember Chang announced the 2010 applications for Hotel/Motel Tax Funding are being accepted at the City Clerk's Office until Friday, August 28, 2009. Councilmember Childs announced the August 12, 2009, City Tourism/Festival of Chimes and Lights Committee has been moved to Wednesday, August 19, 2009, at City Hall. 10. MAYOR'S REPORT Mayor Coppola reported on the following activities: • Attended the Kitsap Consolidated Housing Authority Budget Retreat; • Met with Jim McDonalds, AWC Risk Management regarding insurance; • Picked the best Mustang for the Mustang on the Waterfront event; • Helped handed out the awards at the Cruz event; and • Met with summer school students taking Washington State History at South Kitsap High School regarding his role as the Mayor. Jacob Cochrane voiced interest in being involved in local government and suggested the Council look into a program to allow students to share in the discussion at Council meetings. Councilmember Olin would meet with the South Kitsap High School history staff to determine the feasibility of allowing history students to sit in an advisory capacity on the City Council during the school year and provide a report back to the Council at a future meeting. Minutes of August 11, 2009 Pae of 11. REPORT OF DEPARTMENT HEADS There were no reports from the Department Directors. 12. EXECUTIVE SESSION At 8:09 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 and Public Works Director Dorsey were invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:29 p.m. Mayor Coppola reconvened the meeting. 13. ADJOURNMENT At 8:30 p.m. Mayor Coppola adjourned the meeting.