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08/24/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 24, 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, Police Chief Townsend, Public Works Director Dorsey, Treasurer Mattin, IT Manager Tucker, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Greg Wall led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Jerry Harmon requested the Council revisit the cost of receiving Council packets, noting the rates should be reasonable; and she was asked to speak on behalf of her neighbor who is opposed to the new sewer rate increase, noting her neighbor felt the charge should be based upon consumption, not a base fee. 3· APPROVAL OF AGENDA The following items were removed from the Agenda: o sA Proclamation: Domestic Violence Awareness The following item was added to the Agenda: o Public Event Application: Tuesday Farmers Market Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the Agenda as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Nos. 54082 through 54148 in the amount of $82,239.80 B. Approval of the August 10, 2010, Council Meeting Minutes Councilmember Chang MOVED and Councilmember Childs seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. Minutes of August 24, 2010 Page 2 of9 5· PRESENTATION A. Proclamation: Domestic Violence Awareness This item was removed from the agenda. 6. PUBLIC HEARING A. Vacating a 4-Lot Short Plat Named Kenmore Court at McCormick Woods City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity during this Public Hearing the Council is acting as a quasi-judicial body. City Attorney Jacoby asked if any Councilmember had any ex-parte communication with anyone regarding this application. There was no response from any Councilmember. City Attorney Jacoby further asked if any Councilmember had any financial interest in this property, with the applicant or representative of the applicant, either directly or indirectly relating to the property involved. There was no response from any Councilmember. City Attorney Jacoby asked if any Councilmember had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. There was no response from any Councilmember. City Attorney Jacoby asked if any member of the audience felt any of the Councilmembers should not participate in the hearing. There was no response from any audience member. Development Director Weaver presented the staff report, noting on May 12, 2010, the Port Orchard Planning Department received a letter of request from the property owners for a vacation of the short plat, Kenmore Court at McCormick Woods. The Kenmore Court short plat was approved by Kitsap County and recorded in 2007, which was prior to annexation of the McCormick Woods area into the City of Port Orchard. Pursuant to RCW 58.17.212 regarding plat vacation process, upon application by the owners of a subdivision, a public hearing must be held prior to the approval or denial of a plat vacation request. This public hearing would be required for conformance with RCW 58.17.212 for a decision regarding a plat vacation application. Mayor Coppola opened the Public Hearing at 7:11p.m. Greg Wall voiced opposition of the Kenmore Court shott plat, noting it would alter the appearance to the entrance of McCormick Woods; would decrease the value of the homes within the area; and requested that the Council conduct a study on the current housing market pricing for the McCormick Woods neighborhood or reject the short plat request. Doug Scrobut, representative of the application, spoke in favor as the short plat, noting it would allow the value of the property to compete with current market rates; and stated that the entrance to McCormick Woods would not be altered by the short plat. There being no further testimony, Mayor Coppola closed the Public Hearing at ?:16 p.m. Minutes of August 24, 2010 Page3 of9 7. BUSINESS ITEMS A. Approval of Contract No. 001-90, Extension of Wave Cable Television Franchise Agreement and Side Letter Agreement Regarding Internet Service with Wave Division IV, LLC City Attorney Jacoby presented the staff repmt, noting in September 2006, the City Council approved a Cable Television Franchise Agreement with Wave Division IV, LLC (Wave). This is a non-exclusive franchise to provide cable television service within City limits (internet service is not subject to franchise agreements pursuant to federal law). The initial term of the Agreement was 4 years and it would expire on September 28, 2010. City staff, the Mayor, and Wave have negotiated an extension of the cable television franchise according to the following proposed terms: 1) the non-exclusive franchise will be extended ten years to September 28, 2020; 2) during the extended term, Wave will provide, without any charge to the City, access to a private virtual local area network point to point cable modem circuit between the Public Works shop and City Hall, which will result in a savings to the City of $27,000 during the 10-year extension term; 3) in consideration for providing free internet service between the Public Works shop and City Hall, Wave is asking to the City to waive the $5,000 cable franchise extension fee; and 4) all other terms of the 2006 Agreement shall remain in effect. Further, Wave Broadband requested that the parties' agreement regarding internet service between the Public Works Shop and City Hall be memorialized in a Side Letter Agreement so as to keep internet service issues separate from the Cable TV franchise agreement. IT Manger/LAN Technician Vince Tucker provided an update to the Council on the internet service to the Public Works shop, noting it was a secure link into the City's computer system and he is unaware of any issues with the link; and he was unable to project what the City's future bandwidth needs would be over the next 10 years due to the high rate of changes in technology. Mike Talpai, Vice President of Wave Broadband for the Seattle Region, indicated that there are two separate items that require Council for approval: first, the extension of the Franchise Agreement and second the Side Letter Agreement for internet services to the Public Works shop. In regards to the Franchise Agreement, he requested the City waive the $5,000, franchise extension fee. In turn, Wave Broadband would not charge the City for the internet service between City Hall and the Public Works shop building, which he placed a value of $27,000 over the next ten years. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the terms of the First Amendment to the Cable Television Franchise Agreement between the City of Port Orchard and Wave Division IV and to authorize the Mayor to sign said Agreement . Upon vote, the motion passed unanimously. Minutes of August 24, 2010 Page4 of9 Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the terms of the Side Letter Agreement between the City and Wave Division IV regarding internet service and authorize the Mayor to sign said Letter Agreement. Upon vote, the motion passed unanimously. B. Adoption of Ordinance No. 016-10, Amending Port Orchard Municipal Code Chapter 13.04.020 for 2010 Sanitary Sewer Rate Increase Public Works Directory Dorsey presented the staff report, noting on August 10, 2010, the City Council heard the First Reading and Public Hearing for the proposed 2010 Sanitary Sewer Rate Increase. The proposed 2010 sanitary sewer rate increase addresses the systems Operating Shortfall, Capital Improvement Program (CIP), Treatment Plant Rate Increase and the McCormick Woods STEP System Replacement. As you will recall, on August 25, 2009, a $7.50 bimonthly sanitary sewer rate increase was approved via Ordinance No. 021- 09 to address the revenue loss associated with the so% surcharge on properties located within the McCormick Urban Village. The result was a bimonthly rate increase from $72 to $79.50 for sanitary sewer service. As presented at both the May 18, 2010 and the June 15, 2010, Council Work Study Session's, Public Meetings held on July 7, 2010 at City Hall and July 15, 2010 at McCormick Woods and the subsequent First Reading/Public Hearing held on August 10, 2010, a sanitary sewer rate increase of $18.50 bimonthly is proposed. Again, the components associated with the proposed sanitary sewer rate increase include Operating Shortfall, Capital Improvement Program, Treatment Plant Rate Increase and McCormick Woods STEP System Replacement. The proposed sanitary sewer rate increase will raise bimonthly rates from $79.50 to $98 (or $49 monthly.) Councilmember Putaansuu indicated that of the total increase of $1.75, $0.75 would go to an equipment replacement fund; and West Sound Utility District would match the remaining $1.00 for future maintenance to the older portion of the treatment plant. Councilmember Chang opposed the increase, noting the rate increase should not be dispersed to all City residents; rather it should only affect those residents residing in McCormick Woods who require the step system improvements. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. 016-10, amending Port Orchard Municipal Code Chapter 13.04 "Water and Sewers, Section 13.04.020 "Bi-monthly water rates" thereby increasing sanitary sewer rates. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. Minutes of August 24, 2010 Page 50f9 C. Adoption of Ordinance No. 017-10, Vacating a 4-Lot Short Plat Named "Kenmore Court at McCormick Woods" Development Director Weaver presented the staff report, noting on May 12, 2010, the Port Orchard Planning Department received a letter of request from the property owners for a vacation of the short plat Kenmore Court at McCormick Woods. The Kenmore Court short plat was approved by Kitsap County and recorded in 2007, prior to annexation of the area to the City of Port Orchard. Pursuant to RCW 58.17.212 regarding plat vacation process, upon application by the owners of a subdivision, a public hearing must be held prior to the approval or denial of a plat vacation request. A public hearing was held earlier in the evening in conformance with RCW 58.17.212. Councilmember Olin MOVED and Councilmember Clauson seconded the motion to adopt Ordinance No. 017-10, vacating a 4-lot short plat named "Kenmore Court at McCormick Woods". Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. D. Adoption of Ordinance No. 018-10, Amending Port Orchard Municipal Code 2.75 "Active Club Building" Public Works Directory Dorsey presented the staff report, noting the Active Club Building was donated to the City of Port Orchard in 1959 by the Pott Orchard Active Club. The building was donated with the understanding that it would be used for youth activities free of charge. Currently, the building is being used by a wide variety of groups, including but not limited to youth groups, senior groups, AA, NA and others. On March 23, 2010, the City Council adopted Ordinance No. 004-10, thereby repealing Resolution No. 025-08 and creating a new Chapter 2.75 "Active Club Building" to the Port Orchard Municipal Code. POMC 2.75.010 establishes fees and rules for Active Club use, including POMC 2.75.010(13) whereby "No animals are allowed except for certified service dogs being used for assistance." Upon request by the Olympic Bird Fanciers at the July 2010 Work Study Session, the City Council agreed to amend the City Code and allow animals back into the Active Club, subject to conditions: 1) Olympic Bird Fanciers must provide a petition that is signed by ALL users of the Active Club building that they have NO objections to animals being allowed into the building; and 2) Once the above condition is met, City Staff would revise the Code to allow animals back into the Active Club building on the condition that animal organizations/ groups will be on a "first strike you are out" basis if a complaint is filed by another group and verified by the City Public Works Department. Ordinance No. 018-10, amends Port Orchard Municipal Code Section 2.75.010(13) to conditionally allow animals back into the Active Club building. Councilmembers Power and Olin requested the signed petition by any animal group be provided prior to adopting Ordinance No. 018-10. Minutes of August 24, 2010 Page 6 of9 Councilmember Childs MOVED and Councilmember Clauson seconded the motion to adopt Ordinance No. 018-10, amending Port Orchard Municipal Code Section 2.75.010(13) to conditionally allow animals back into the Active Club building. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmember Powers and Olin cast the two dissenting votes. E. Approval of Contract No. 055-10, Authorizing the Mayor to Execute Agreement with Long Painting Co. for the 2010 Water Tank Painting at the Morton Street Standpipe Public Works Directory Dorsey presented the staff report, noting on August 6, 2010 the City of Port Orchard Public Works Department issued a Request for Proposal's (RFP's) to five (5) companies listed on the 2010 Public Works Small Works Roster. On August 11, 2010 a mandatory Pre-Bid Meeting was held at the Morton Street Tank site. On August 17, 2010 four (4) bids were received prior to the 1:00 pm deadline. A summary of the proposals received are as follows: Long Painting Company Thomas Steenmeyer Co., Inc. WA Industrial Coatings, Inc. Coatings Unlimited, Inc. $29,752.00 (includes sales tax) $37,467.00 (includes sales tax) $37,821.88 (includes sales tax) $51,585.00 (includes sales tax) All patties listed above have active contractor licenses and cleared the Excluded Parties List System (ELPS). Staff has determined that Long Painting Company is the lowest qualified bidder. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve Contract No. 055-10, authorizing the Mayor to execute an agreement with Long Painting Company for the 2010 Water Tank Painting at the Morton Street Standpipe in an amount not to exceed $29,752, with the contract term beginning August 25, 2010 and ending December 31, 2010. Upon vote, the motion passed unanimously. F. Meeting with Initiating Parties Regarding Notice of Intent to Petition for McCormick East Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on August 05, 2010, to annex two parcels totaling approximately 109.88 acres. The parcels are located west of Glenwood Road SW, and north and south of McCormick Woods Drive SW, in portions of Section 10 and Section 15, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. The parcels have a County Comprehensive Plan designation of Urban Low-Density Residential with zoning of Urban Minutes of August 24, 2010 Page 70f9 Low Residential. The property is currently classified as 88o-Forest Land. RCW Ch. 84.33 provides that land of twenty or more contiguous acres primarily devoted to and used for growing and harvesting timber may be assessed, for purposes of property tax collection, based on the current use of the land. These two parcels comprise a pottion of the unincorporated Urban Growth Area located to the east of the McCormick Woods annexation area, south of the Walden-Tanner-Lingerfeldt Annexation area (annexed August 13, 2007) and the Washburn-Grant-Crother Annexation area (annexed May 09, 2009). There are ten additional unincorporated parcels in this general UGA area. One parcel houses the South Kitsap Fire & Rescue District 7 Substation at McCormick Woods Drive SW and Glenwood Road SW. One is a small wedge-shaped undeveloped parcel fronting on Glenwood Road SW. One parcel straddles Glenwood Road SW, with the undeveloped portion to the west in the UGA. The remaining seven parcels are developed for single family residential use. The Notice of Intent provided by the applicant leaves the Fire District parcel as an island, disconnected from the other nine remaining parcels in the area, necessitating two separate annexation processes if the City were to incorporate the remainder of the UGA into the City. Additionally, the boundary as proposed may not meet the logical boundary objective of the Boundary Review Board (RCW.36.93.18o) or by Kitsap County. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. Councilmember Powers MOVED and Councilmember Chang seconded the motion to allow the applicant to submit a revised Notice of Intent which geographically modifies the proposed McCormick East annexation to include the twelve parcels as listed in the staff report and identified on the McCormick East Annexation Alternative Map. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to postpone this matter to the September 14, 2010, Council meeting in order to allow the applicant and Staff to determine the adjacent property owners' interest in annexing into the City. Upon vote, the motion to postpone passed unanimously. G. 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 Committee pursuant to Port Orchard Municipal Code 2.22. In addition, RCW 67.28.1817 requires that at least two members of the advisory committee be from establishments that collect the tax (hotels, motels and Bed and Breakfasts) and two members be from organizations that are "involved in activities authorized to be funded" by the hotel/motel Minutes of August 24, 2010 Page 8 ofg tax fund. Councilmember Chang is the current chair of this committee and has requested the Mayor, who has agreed, to reappoint the current Committee members to serve one more year on the Committee. Each of the existing members has agreed to the term extension. Councilmember Chang MOVED and Councilmember Colebank seconded the motion to approve the Mayor's appointment of representatives from Comfort Inn, Days Inn, and Hidden Treasurer's Bed and Breakfast as well as members from the following organizations: Fathoms O'Fun, Port of Bremerton, and Port Orchard Bay Street Association. Upon vote, the motion passed unanimously. H. Public Event Application: Tuesday Farmers Market City Clerk Kirkpatrick stated that there was some confusion as to whether or not the Port Orchard Farmers Market needed to complete a public event application in order to hold a Tuesday Farmers Market at the Kitsap County Administrative Building. The conditions would be subject to staff review and conditions. Councilmember Chang MOVED and Councilmember Colebank seconded the motion to approve the Public Event Application for a Farmers Market to be held on Tuesday's in front of the Kitsap County Administrative Building through October 2010, based upon City department and Fire Department approvals. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS There were no citizen comments. 9· COMMITTEE REPORTS Councilmember Putaansuu indicated that he and Public Works Director Dorsey met with Puget Sound Energy regarding undergrounding the downtown and due to the economy it was not economically feasible to pursue the project further at this time. He noted that the Utilities Committee would revisit this matter as future development of the downtown area occurs. Councilmember Clauson reported that he attended the Port Orchard Bay Street Association (POBSA) meeting and their main concern was parking within downtown and noted the POBSA was creating a committee to assist the City in resolving the parking issues; and he noted the Finance Committee will meet on Friday, August 27, 2010, at 7:30a.m. at Myhre's. Minutes of August 24, 2010 Page 9 ofg 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Met with Dave Peterson, County Clerk regarding the electronic signature process; • Spoke at the Keeping Kitsap Connected event; • Met with State Auditor and Finance Committee regarding the entrance interview ; • Met with a developer who owns a number of commercial property and discussed what type of businesses we would like to see in the City; • Met with Senator Kilmer's Aide, Colleen as part of the legislative priorities for the City; • Attended the Emergency Management Council Board meeting; • Had a confere nce call with Mitsubishi regarding funding for an electronic charging station; • Met with Lary Eyer of Kitsap Community Resources regarding their new services; • Attended the AWC Budget Training Session; • Attended the monthly Art Walk downtown as well as the 30th Anniversary celebration of one of the local businesses; • Attended the South Kitsap School District's Back to School Celebration; • Had lunch with Commissioner Bauer regarding related issues that impacts the City and the County; • Met with Loren Overman, Senator Patty Murray' staff in Washington D.C. regarding the City having a direct contact with legislatures in Washington D.C.; and • Attended the Kitsap Consolidated Housing Board retreat. 11. REPORT OF DEPARTMENT DIRECfORS City Clerk Kirkpatrick reported that the City of Port Orchard is the host for this Thursday's Concerts; and that the Port of Bremerton is asking the Council to attend their September 14, 2010, work study session to discuss the proposed parking garage. Development Director Weaver repo1ted that the City and Kitsap Transit have partnered to orientate a pilot grant project for the waterfront development. 12. ADJOURNMENT At :10 p .m. May . r Coppola adjourned the meeting. I I