10/13/2009 - Regular - Minutes-RegularCity of Port Orchard
Council Meeting Minutes
Regular Meeting of October 13, 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, Assistant City Engineer Archer, Court Administrator Hunt, City Treasurer Martin,
Development Director Weaver, City Clerk Kirkpatrick, and City Attorney Jacoby were also
present.
A. Pledge of Allegiance
Marcus Hoffman led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Jud Turner voiced his appreciation of the Council Candidates' outspoken support of the
Sidney Museum and Art Gallery. He reminded the Council that as they face reduced
revenue sources to keep in mind that the Sidney Museum and Art Gallery is the only
business that is open to the public year-round and is free of charge; and voiced his
appreciation of any funding received through the Hotel/Motel Tax funding.
3. APPROVALOFAGENDA
The following items were added to Business Items:
• Authorization to Advertise for New Engineering Technician II Position.
Councilmember Powers MOVED and Councilmember Childs seconded the
motion approving the Agenda as amended. Upon vote, the motion passed
unanimously.
4.APPROVALOFCONSENTAGENDA
A. Approval of Claim Warrants #52370 through #52492 in the amount of $374,475-45;
Septembers' Payroll Warrants #142601 through #142663 in the amount of
$471,972.89; and Treasurer's check book in the amount of $1,202,389.95.
B. Approval of the September 15, 2009, Work Study Session Meeting Minutes
C. Approval of the September 22, 2009, Council Meeting Minutes
D. Adoption of Resolution No. 094-09, Authorizing the Mayor to Execute a Contract
with Administrative Office of the Courts for Interpreter Services
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Councilmember Chang MOVED and Councilmember Colebank seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
5. PRESENTATION
A. Proclamation: Fit City Challenge and End Hunger Initiative. Mayor Coppola
read the proclamation into the record.
B. Award: City of Port Orchard and the West Sound Utility District. Marcus
Hoffman, representing the Board of Directors of the Washington Association of Sewer
and Water Districts, presented a plaque to the City and West Sound Utility District for
three decades of joint operation of the treatment plant, setting an example to the other
special districts in the State on how to work directly together.
West Sound Utility Commissioners Bill Huntington and Jerry Lundberg presented an
award to Byran Gallagher, Wastewater Treatment Plant Operator for the West Sound
Utility District, for his extraordinary professional competence and technical expertise.
Mayor Coppola also recognized the efforts of Larry Curles, Manager for West Sound
Utility District, who voiced appreciation to the City and Utility District Commissioners
for their teamwork in management of the utility district.
6. PUBLIC HEARING
A. Public Hearing: Regarding Annexation of Geiger 2 Property; File No. A-21-
09.
Development Director Weaver presented the staff report, noting this is a petition to annex
nine parcels totaling 18.18 acres. Parcels are located in the vicinity of the intersection of
Geiger Road and Sedgwick Road, est of Hwy 16, within Section 2 and Section 11, Township
23 North, Range 1 East, W.M., Kitsap Couty, WA. Parcels 112301-1-028-2001, 112301-1-
027-2002, 112301-1-020-2009, and 112301-1-033-2004 are currently designated
Highway/Tourist Commercial (HTC) in the County Comprehensive Plan and
Highway/Tourist Commercial (10-30 DU/Ac) on the County zoning map; and Parcels
112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, 112301-1-021-2008, and
112301-1-045-2000 are currently designated Urban Low-Density Residential in the County
Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County zoning map.
RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to
become effective upon annexation of any area which might reasonably be expected to be
annexed by the City at any future time. The December 9, 2008, adoption of the 2008 Port
Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive
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land use designations for areas inside the urban growth boundary but outside incorporated
City limits are determined by Kitsap County to be effective upon adoption.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public
Hearing at r16 p.m.
7. BUSINESS ITEMS
A. Adoption of Ordinance No. 024-09, Approving the Annexation Request for
Geiger 2 Property; File No. A-21-09.
Development Director Weaver presented the staff report, noting that a public hearing was
conducted earlier in the evening regarding the request to annex nine ( 9) parcels totaling
approximately 18.18 acres, and the associated rights-of-way, located in the vicinity of the
intersection of Sedgwick Road (State Route 160) and Geiger Road, within Section 2 and
Section 11, Township 23 North, Range 1 East, W.M., Kitsap County, Washington. Upon
approval of the . ordinance these properties will have interim City Zoning and
Comprehensive Plan designations as follows: a Comprehensive Plan designation of
Commercial and Commercial Retail/Office zoning for Tax Parcels 112301-1-028-2001,
112301-1-027-2002, 112301-1-020-2009, and 112301-1-033-2004; a Comprehensive Plan
designation of Residential: High Density and R20 zoning for Tax Parcels 112301-1-026-
2003, 112301-1-025-2004, 112301-1-024-2005, and 112301-1-021-2008; and a
Comprehensive Plan designation of Public and Community Spaces and Community
Facilities zoning for Tax Parcel 112301-1-045-2000, to become effective upon annexation.
Further, Mr. Weaver noted one correction in the Ordinance on Page 3 in the second
Whereas that the year 2010 be replaced with the year 2009.
Councilmember Olin MOVED and Councilmember Putaansuu seconded the
motion to adopt Ordinance No. 024-09, approving the Geiger 2 annexation
request of nine (9) parcels that total approximately 18.18 acres, with the
correction to Page 3 in the second whereas replacing the year 2010 with 2009;
and the associated public rights-of-way; and the assumption of City
indebtedness by the area to be annexed upon annexation. Upon vote, the
motion passed unanimously.
B. Adoption of Resolution No. 095-09, Authorizing the Mayor to Execute an
Agreement with the Department of Ecology for the FY 2010-2011 Phase II
Stormwater Pass-Through Grant.
Assistant City Engineer Archer presented the staff report, noting that in August the City
received notification that a Phase II Stormwater Pass-Through Grant had been offered to
the City in the amount of $50,000, with no City match required. The funds will be used in
compliance with the City's Phase II National Pollutant Discharge Elimination System
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(NPDES) Permit. Staff intends to utilize the grant funds in 2010 to fund an Engineering
Tech II to aid in the implementation of the NPDES Permit requirements.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to adopt Resolution No. 095-09, authorizing the Mayor to sign the
grant agreement for the FY 2010-2011 Phase II Stormwater Pass-Through
Grants Program Agreement between the State of Washington Department of
Ecology and the City of Port Orchard. Upon vote, the motion passed
unanimously.
C. Adoption of Resolution No. 096-09, Authorizing the Mayor to Execute a
Contract with BHC Consultants for the Tremont Street Pre-Design and
PS&E.
Public Works Director Dorsey presented the staff report, noting that BHC Consultants, LLC
is listed on the City's Professional Services Roster and is currently under contract to prepare
the City's 2009 Comprehensive Sanitary Sewer Plan Update. The Tremont Sewer
Engineering Report, dated June 2009, identified the need for additional sanitary sewer
upgrades within the.future Tremont Street Widening Project Corridor that is not currently
being addressed by the Berger/Abam Tremont Street Widening Project scope. At the
September 18, 2009, meeting, the Utility Committee directed staff to proceed with the
Tremont Street Sanitary Sewer Pre-Design Report and Final Design (PS&E) using BHC
Consultants proposal of $93,200.
Councilmember Clauson MOVED and Councilmember Chang seconded the
motion to adopt Resolution No. 096-09, authorizing the Mayor to execute a
contract with BHC Consultants, LLC in an amount not to exceed $93,200, for
the Tremont Street Sanitary Sewer Pre-Design Report and Final Design
(PS&E). Upon vote, the motion passed unanimously.
D. Adoption of Resolution No. 097-09, Authorizing the Mayor to Execute a
Contract with Technical Systems, Inc. for the 2009 Sewer Lift Station
Telemetry
Public Works Director Dorsey presented the staff report, noting that the City may use single
source procurement to maintain the integrity of an electrical and/or telemetry system.
Technical Systems, Inc. submitted a single-source proposal in an amount not to exceed
$97,000, including sales tax and bond costs, for five (5) sanitary sewer lift station telemetry
additions located at Harrison Hospital, Canyon Court, Golden Pond, Eagle Crest, and
Flower Meadows.
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 097-09, thereby authorizing the Mayor to
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execute a contract with Technical Systems, Inc. in an amount not to exceed
$97,000, for the 2009 Sanitary Sewer Lift Station Telemetry Additions. Upon
vote, the motion passed unanimously.
E. Adoption of Resolution No. 098-09, Authorizing the Mayor to Execute a
Contract with ABM Janitorial for City Hall, Library, Public Works Shop,
and Active Club Janitorial Services.
City Clerk Kirkpatrick presented the staff report, noting that for the past two years ABM
Janitorial Services has been providing cleaning services for City facilities, which include City
Hall, Library, Active Club Building, and the Public Works Shop. Overall the City has been
pleased with the services provided by ABM Janitorial and look forward to continuing that
relationship. One bid was received on September 25, 2009, by ABM Janitorial Services in
the amount of $5,958.85, which is a monthly increase of $370.65 over the 2009 budget.
After a brief discussion, the Council directed staff to contact ABM Janitorial to determine if
they would be willing to extend the 2009 contract to the end of December and initiate the
2010 contract effective January 1, 2010, and expiring December 31, 2010.
Councilmember Clauson MOVED and Councilmember Putaansuu seconded
the motion postponing the item to the October 27, 2009, regular meeting.
Upon vote, the motion passed unanimously.
E. Authorization to Advertise for New Engineering Technician II Position.
Assistant City Engineer Archer presented the staff report, noting that in February of 2009,
the City entered into an Interlocal Agreement with the Kitsap County Health District for
Illicit Discharge Detection and Elimination. The Health District secured a grant from the
Department of Ecology that provides 63% of the City's share in grant funding, and the City
has budgeted the remaining 38%. At the August 18, 2009, Work Study Session, staff was
directed to use part of the lnterlocal Agreement grant funding to hire an Engineering
Technician II. Staff recommends the Council provide direction on moving forward with the
available grant funds. After a brief discussion the Council directed staff to prepare the job
descriptions and salary range to be brought forward to the Finance Committee for
recommendation to the Council and in the meantime, staff could proceed with advertising
for the position.
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion to advertise for the Engineering Technician II position with the
condition that a final offer is not made without written prior approval from
the Finance Committee on November 6 and Council approval at a meeting in
November. Upon vote, the motion passed unanimously.
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F. Receiving the Lodging Tax Advisory Committee's Recommendations for
Distribution of 2010 Hotel/Motel Tax Funds.
City Clerk Kirkpatrick presented the staff report, noting that the Lodging Tax Advisory
Committee met on September 18, 2009, to review submitted applications. The City
Treasurer reported projected 2010 Hotel/Motel revenues to be at $62,000, which is
significantly less than the 2009 projection of $91,000. Twelve applications were received
and the Lodging Tax Advisory Committee chose to provide funding to all recipients, a copy
of their recommendation is included in the Council's packet. No Council action is necessa1y
at this time as the information is reviewed during the 2010 budget discussions.
Councilmember Chang MOVED and Councilmember Putaansuu seconded the
motion to accept receipt of the Lodging Tax Advisory Committee's
recommendation for distribution of 2010 Hotel/Motel tax funds. Upon vote,
the motion passed unanimously.
G. Discussion: 2009 Hotel/Motel Funding Disbursements.
City Clerk Kirkpatrick presented the staff report, noting that at the request of
Councilmember Chang and the Finance Committee, that the Council discuss the projected
revenue shortfall of $28,423 and how to disburse the remaining funds fairly to all 2009
funding recipients. After a brief discussion the Council directed staff to:
• Send the draft letter to the 2009 funding recipients adding additional language
asking recipients to seek reimbursement for only those costs that they could not
cover through sponsorship or from other outside revenue sources.
• Calculate revenue shortfall and determine the percentage of funds to be distributed
across the board to all organizations. If an organization has met the determined
percentage of reimbursement funds, then they would receive no more funding for
2009.
8. COMMITTEE REPORTS
Councilmember Clauson provided an update on Revenue Sharing meeting he attended
earlier in the day, noting the following discussion:
• Sequencing of annexations and how to best set up for success within the different
cities.
• County being an advocate and working on communication regarding proposed
changes for the UGA, planning and zoning.
• Permitting process and getting revenue to the different cities, with the ultimate goal
to make the permitting process very similar throughout the County and between the
different cities. The ultimate goal is to make the process to be as close as to what it
will be once the area is annexed.
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• Development standards and Road standards.
• How to deal with the service side of things, for example if Silverdale incorporates
what would happen to the County employees that were no longer needed. Talked
about how that could work and ways that the cities could take on some of that staff.
Councilmember Clauson was pleased with the discussions so far and looked forward to
future meetings; and voiced support to allow Kitsap Regional Coordinating Council an
extension to allow further discussion regarding revenue sharing agreement.
Councilmember Colebank reported on the Leadership Kitsap panel and found it to be an
enjoyable session; and he congratulated Julie Tapero of West Sound Work Force and his
daughter-in-law, Mari Ericksson, who were nominated for the Nelly Cashman Award, which
promotes Women Business Owners.
Councilmember Childs explained that despite a tough budget, the Festival of Chimes and
Lights was moving forward, noting the theme is Miracle on Bay Street; and that there may
be fireworks again this year as a local company donated the use of the barge. The
Committee is looking for sponsorship for the fireworks. Councilmember Childs announced
that Debbie Macomber has signed on with Hallmark Channel for a four movie deal, with the
first movie, Mrs. Miracle, set to premier on Saturday, December 5, 2009, the same day as
the Festival of Chimes and Lights. Further, he explained that Hallmark has given Cedar
Cove Days the rights to hold a premier movie party, free to the public, that weekend; and on
Saturday November 28th, a pre-screening will be held at the Orchard Theater, with proceeds
benefiting the Library.
9. MAYOR'S REPORT
Mayor Coppola reported on the following:
• Met with City Treasurer regarding the budget;
• Met with Christina Reeves' of Senator Patty Murray's office regarding funding for
parking garage;
• Working with the Housing Authority on search for new Executive Director;
• Attended the ribbon cutting for the Burley-Olalla interchange reopening;
• Met with Senator Kilmore who is making Port Orchard his number one priority and
introduced the Mayor to Victoria in the Governor's office;
• Will be attending a meeting with Mr. Tom Saelid of the Governor's office regarding
the parking garage funding;
• Met with Cary Bozeman from the Port regarding spending funds on a Port Orchard
project;
• Attended the Home Builders Association breakfast;
• Attended the Economic Development Summit the Port of Bremerton sponsored;
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• Met with a group of downtown businesses and business owners creating an Ad Hoc
Group to discuss their issues and how the City can help them be more successful;
• Met with representative from Bay Ford regarding some improvements they are
thinking of; and
• Met with Attorney General McKenna.
10. REPORT OF DEPARTMENT HEADS
Development Director Weaver announced that October is National Community Planning
Month; reported the Land Use Development Code update and the Critical Areas Ordinance
and the Shoreline Master Plan will be coming fo1ward for Council review; and that a
$66,ooo trail grant was secured for the Blackjack Creek Trail for planning and construction
of 1.2 miles of pedestrian access along the wilderness corridor.
11. CITIZENS COMMENTS
Mary Colburn thanked the City for supporting the Fit City Challenge and encouraged the
community to participate.
12. ADJOURNMENT