05/11/2010 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of May 11, 2010
1. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob
Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank,
Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk
Kirkpatrick, Public Works Director Dorsey, Treasurer Martin, Development Director
Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present.
Excused: Councilmember Powers
A. Pledge of Allegiance
Mike Strube led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Lary Coppola made a statement regarding a situation that occurred on May 2, 2010,
explaining that while he realized that it's sometime difficult to separate being a public figure
and elected official from being a private citizen, this was an incident that impacted him as a
private citizen, and not as the Mayor; and that he accepted total responsibility for his
actions, and fully accepted the consequences of those actions; and did not expect any special
treatment and he would comply with all legal requirements, several of which he has already
completed, without question. He thanked the more than 250 individuals, which include law
enforcement officers, elected officials, friends, and ordinary citizens many of whom he'd
never met before; that have taken time from their busy lives to contact him personally by
phone, email, cards, letters, online media, and in person, with words of encouragement. As
the Mayor, he asked that he not be judged by the mistake he has made as a private citizen,
but by the job he was elected to do.
Larry Debarthe spoke in support of the Mayor, nothing that he had complete confidence
in his abilities as the Mayor.
3· APPROVAL OF AGENDA
Councilmember Colebank MOVED and Councilmember Olin seconded the
motion approving the Agenda. Upon vote, the motion passed unanimously.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants Nos. 53507 through 53592 in the amount of
$411,841.11; April's Payroll Warrant Nos. 143038 through 143112 in the amount of
$663,599.39; and Treasurer's check book in the amount of $3,845,845.90.
B. Approval of the April 20, 2010, Work Study Session Minutes
Minutes of May 11, 2010
Page 2of6
C. Approval of the April 27, 2010, Council Meeting Minutes
D. Adoption of Ordinance No. ooS-10, Amending Port Orchard Municipal Code
Chapter 5.12 "Business Licenses" to Incorporate the Partnership with the
Washington State Department of Licensing Master. License Service
E. Adoption of Ordinance No. 009-10, Amending P01t Orchard Municipal Code
Chapter 13.04.200 Low Flow Toilet Rebate to include Multi-Family Residential
F. Approval of Firework Stand Application: J&M LLC
G. Approval of Public Event Applications:
-Fathom's 0' Fun Grand Parade
-Fathom's 0' Fun Summer Festival Craft Vendor Show
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
5· PRESENTATIONS
There were no presentations.
6. PUBLIC HEARING
No Public Hearings were held.
7· BUSINESS ITEMS
A. Adoption of Resolution No. 020-10, Approving the Design Review Board's
Recommendation for Proposed Development at 710 Bay Street, File No.
DRB 001-10
Development Director Weaver presented the staff report, noting this item was continued by
City Council from the April 13, 2010 meeting. On March 2, 2010, Rudolf Swenson
submitted a Building Permit application for a Fa~ade improvement for his propetty at 710
Bay Street. The fa~ade improvement triggered the criteria per POMC Chapter 16.20 for
review by the Design Review Board.
City Attorney Jacoby stated that at the April 13, 2010, Council meeting he was asked to
determine if there is an encroachment issue. He met with Mr. Swenson and the Mayor to
review and discuss his applications. From that meeting, it was determined that Mr.
Swenson's project does lead out into the right-of-way; however, his design standards were
in compliance with the Design Review Board. Further, Mr. Swenson would be meeting with
the Washington State Department of Transportation to lease air space for the upper floor.
Once that is received, the City can issue a building permit or Mr. Swenson can move the
upper level back 3 feet to comply with all requirements.
Minutes of May 11, 2010
Page 3 of6
In response to Councilmember Olin, Mr. Swenson stated his contractor is working with the
Washington State Department of Transportation and hoped to have the air space issue
resolved within the next week.
Councilmember Childs voiced his support of the project, but noted his concern with the
process of the Boundary Review Board and that more of the members should have been
present (in person) during the review process; and to his knowledge none of the Design
Review Board had seen the drawing or design element of the project, of which they
approved.
Councilmember Olin MOVED and Councilmember Putaansuu seconded the
motion to adopt Resolution No. 020-10, approving the Design Review Board's
Recommendations for Proposed Development at 710 Bay Street, File No. DRB
001-10. Upon vote, the motion passed unanimously.
B. Approval of Contract No. C044-10, Authorizing the Mayor to Execute
Professional Services Agreement with Jones & Jones Architects and
Landscape Architects, Ltd., for the design of McCormick Village Park
Development Director Weaver presented the staff report, noting McCormick Village Park is
a regional City of Port Orchard Municipal Park consisting of approximately 30 undeveloped
and forested acres located North of SW Old Clifton Road, East of Campus Parkway in the
McCormick Woods community within the City of Port Orchard. The City of Port Orchard
solicited for professional consultant services to help the citizens develop a Master Site Plan
for McCormick Village Park. The Master Site Plan will be utilized to guide future
development of the park. Funding for park development including professional consultant
services were part of the funds set aside specifically for park development and was
transferred to the City from the County in April 2010, after the McCormick Woods area
annexation. Jones & Jones Architects and Landscape Architects, Ltd were selected as the
consultants for the park development project.
Councilmember Powers MOVED and Councilmember Clauson seconded the
motion to approve Contract No. C044-10, authorizing the Mayor to execute a
Professional Services Agreement with Jones & Jones Architects and
Landscape Architects, Ltd. for the design of McCormick Village Park in an
amount not to exceed $40,000. Upon vote, the motion passed unanimously.
Minutes of May 11, 2010
Page 4 of6
C. Approval of Easement No. E045-10, Authorizing the Mayor to Execute a
Water Reservoir Easement with the City of Bremerton for the 580 Zone -
McCormick
Public Works Director Dorsey presented the staff report, noting on December 26, 2001, an
Interlocal Agreement for Cooperative Water System Development in the Port Orchard sSo
Zone/Bremerton Zone 580 was executed. The intent of the Agreement was to establish a
cooperative "joint-use" policy to address potable water infrastructure demands placed on
the respective system(s) from local development, until such time that independent systems
could be established. As part of that Agreement, the City of Bremerton was granted use of a
portion of the City of Port Orchard's "McCormick" Reservoir Site for the future
construction of water storage reservoir(s). Although the City of Bremerton is not ready to
build the future 580 Zone reservoir(s) at this time, establishing limits agreeable to both
parties via recorded easement is needed for planning and design purposes. Upon mutual
agreement between both the Public Works Departments of the proposed arrangement for
future facilities and upon review by Legal Council from both the City of Bremerton and the
City of Port Orchard, a Water Reservoir Easement for the future 580 Zone Reservoir(s) has
been prepared, being City of Port Orchard Easement No. E45-10. The City of Bremerton
City Council accepted the Easement at their March 17, 2010, meeting.
Councilmember Putaansuu MOVED and Councilmember Olin seconded the
motion to approve Easement No. E045-10, authorizing the Mayor to execute
Water Reservoir Easement with the City of Bremerton for the 580 Zone -
McCormick. Upon vote, the motion passed unanimously.
8. CITIZENS COMMENTS
There were no citizen's comments.
9· COMMITTEE REPORTS
Councilmember Childs announced the Tourism Committee would meet on Wednesday,
May 12, 2010, at 5:30 p.m. at City Hall regarding a new name for the Committee, City
decorations, and the Festival of Chimes and Lights.
Councilmember Olin rep01ted the Public Property Committee met Tuesday, May 11, 2010,
regarding possible improvements to the City's existing parks; that the McCormick Woods
Park Committee will meet on May 12, 2010, at 7:00 p.m. at City Hall and he encouraged all
citizen's to participate in the development of this new City park.
Councilmember Putaansuu announced that at the May 18, 2010, Work Study Session there
will be a presentation regarding the Sanitary Sewer Rate Study.
Minutes of May 11, 2010
Page 5 of 6
Councilmember Powers repotted she attended two revenue sharing meetings and feels they
are making progress in working with the County and other elected officials on modify the
current 25/75% split of revenue; she attended the Kitsap Regional Coordinating Council
regarding the transportation projects; she attended the Bremerton Economic Study
meeting, which was obtaining funding for a study to help determine better traffic flow
through Gorst and whether or not build a bridge across Sinclair Inlet; and she attended the
Public Property Committee meeting.
10. MAYOR'S REPORT
Mayor Coppola reported on the following:
• Attended the Revenue Sharing Committee meeting regarding Kitsap County
becoming a regional service provider and he had been tasked with finding a
consultant to do a cost benefit analysis for health care for all of the cities and taxing
districts, which would come together to as a self-insured pool or to find another
provider that we all use under one plan;
• Attended a funeral of a friend;
• Attended the grand opening of Fairfield Hotel in Bremerton;
• Attended the Kitsap County Housing Authority and is glad to report that they are
moving forward in a positive direction and that the new Executive Director is doing
an excellent job;
• Met with Mr. Swensen regarding his proposed development at 710Bay Street;
• Met with Gil and Kathy Michael;
• Met with Karen Campbell who worked 'Nith the legislators regarding the SR166 bill
and empoloyment opportunities;
• Spoke with Kristina Reeves and Clarke Mathers regarding a local business person in
assisting them with the EB5 process; and
• Attended the City of Bremerton's Economic Study meeting.
11. REPORT OF DEPARTMENT DIRECTORS
Development Director Weaver announced the McCormick Woods Park Committee will
meet on May 12, 2010, at 7:00p.m. at City Hall, noting the Consultant will be in attendance
at the meeting; that the City's website has all the McCormick Woods Park project
information, including minutes, comments, and recorded meetings; that there are a few
annexation in the works for property at the south end of the Urban Growth Area, a small
section off of Bethel Road near Blueberry, and property from Restil to Annapolis.
City Attorney Jacoby provided an update regarding the possible annexation into the Library
District, noting that the Kitsap Regional Library Board was adopting a Resolution
supporting the City's proposed ballot measure for the August Primary and that once that
document was received staff would forward to the County for adoption by the County
Minutes of May 11, 2010
Page 6 of 6
Commissioner on or before May 24, 2010, for adoption and placement upon the August 17,
2010, Primary Ballot.
Councilmember Clauson requested that Staff determine what information the City can put
on its website relating to the ballot measure of annexing into the Library District within the
Public Disclosure Commission's requirements.
City Clerk Kirkpatrick announced the Chamber of Commerce's Community Affairs meeting
will be held on April 14, 2010, at 7:30 at City Hall, with the guest speakers being the 26th
District Legislator.
Public Works Director Dorsey provided an update on the Tremont Widening project,
indicating the City has received 21 acquisitions; and at the next work study session, there
would be a presentation regarding the Bay Street Pedestrian Pathway project.
Councilmember Powers was proud to live in the City of Pmt Orchard and how much our
City government and staff does for our Community, encouraging citizens to support the SK
Shop First program and recognizing the City Councilmembers and staff that participates in
many of the local fundraisers for the Chamber of Commerce, Relay for Life, and many
others.
12. ADJOURNMENT