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01/26/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 26, 2010 1. CALLTOORDERANDROLLCALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Councilmembers Mayor Pro- Tem Rob Putaansuu, Carolyn Powers, Fred Chang, John Clauson, Jim Colebank, and Fred Olin were present and constituted a quorum. Police Chief Alan Townsend, Public Works Director Mark Dorsey, Assistant City Engineer Andrea Archer, City Treasurer Allan Martin, Development Director James Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, and City Attorney Greg Jacoby were also present. Absent: Councilmember Childs, excused. A. Pledge of Allegiance Jeff Brody led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Diane Hubert requested staff meet with her regarding the safety of citizens for the round- about on Tremont and Sidney Avenue. Public Works Director Dorsey advised Ms. Hubert to set up an appointment with the Public Works Department and they will go over the plans. 3· APPROVALOFAGENDA Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to approve the Agenda. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to amend by adding Business Item: Animal License Variance Request, and excusing Councilmember Childs from the January 26, 2010 Council meeting. Upon vote, the motion to amend passed unanimously. Councilmember Childs was absent. Upon vote, the main motion as amended passed unanimously. Councilmember Childs was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrant Nos. 52989 through 53072 m the amount of $509,493.36 B. Approval of the January 12, 2010, Council Meeting Minutes C. Setting Meeting for Work Study Session to February 16, 2010, at 7:00 p.m. at City Hall Minutes of January 26, 2010 Page 2 of8 D. Adoption of Resolution No. 007-10, Authorizing the Mayor to Execute Contract with Springbrook Software E. Adoption of Resolution No. 006-10, Approving Interfund Loan Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Childs was absent. 5· PRESENTATION A. Proclamation: Declaring February 2, 2010, as Arts Day Mayor Coppola presented the proclamation to James Kelsey, who thanked the Council for their continued support. B. State of the Port Orchard Library Kathleen Wilson, Branch Manager provided her 2009 report, noting the following: • The Port Orchard Library was honored to be the recipient of proceeds generated by the Cedar Cove Days event; • The Library Mural was updated; • Their summer theme was "Be Creative" and had over 1600 children and teens sign up to participate in summer reading; • "To the Library" is in its third year and over 2,300 third graders will have had their first experience at the library; • Teen programming is continuing to grow; • 94 Adult programs were held with 1,792 in attendance; • In October the library hosted "Month of the Book", being Cannery Row by John Steinbeck; • The Library introduce a new audio book program that is self supported and requires no additional equipment; and • Branch circulation is up by 7.10%. C. Kids at Hope Wally Endicott, Executive Director of the Milgard Family Hope Center provided the following information: • Cultural frame work that focuses on how we interact with kids rather than a program; • Kids at Hope is a change in perspective of how we look at all children and that they are capable of success, no exceptions; Minutes of January 26, 2010 Page 3 of8 • Adding value to children should come from believing, connecting, and articulating the future, HOPE, to our kids; Mr. Endicott invited the community and Council to attend on February 3rd and February 10th that will be focused on how an entire community can support the success of every child. Dave Colombini, School and Family Support Director with South Kitsap School District spoke in favor of the program, noting that it has brought positive changes in students throughout the district. 6. PUBLIC HEARING A. Department of Ecology Storm-water Management Manual for Western Washington 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. Under this permit the City is required to adopt a storm-water manual for site planning process and Best Management Practice (BMP) selection and design replacing the current storm-water manual for Port Orchard. To meet this requirement the City is proposing to adopt the 2005 Depw'tment of Ecology Storm-water Management Manual for Western Washington. The site planning process and BMP selection and design criteria will protect water quality and reduce the discharge of pollutants to the maximum extent practicable through all known, available and reasonable methods of prevention, control and treatment prior to discharge. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:53 p.m. 7· BUSINESS ITEMS A. Adoption of Resolution No. 004-10, Authorizing the Mayor to Administrative Adopt the 2005 Department of Ecology Storm-water Management Manual for Western Washington 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. Under this permit the City is required to adopt a storm-water manual for site Minutes of January 26, 2010 Page4of8 planning process and Best Management Practice (BMP) selection and design replacing the current storm-water manual for Port Orchard. To meet this requirement the City is proposing to adopt the 2005 Department of Ecology Storm-water Management Manual for Western Washington. The site planning process and BMP selection and design criteria will protect water quality and reduce the discharge of pollutants to the maximum extent practicable through all known, available and reasonable methods of prevention, control and treatment prior to discharge. Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 004-10, authorizing the Mayor to administratively adopt the 2005 Deparhnent of Ecology Storm-water Manual for Western Washington to take effect on February 15, 2010. Upon vote, the motion passed with five qffirmative votes and one dissenting vote. Councilmember Clauson cast the dissenting vote. Councilmember Childs was absent. B. Adoption of Resolution No. 005-10, Authorizing the Mayor to Administratively Adopt the Kitsap LID Guidance Manual 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. Under this permit the City needs to make provisions to allow non-structural preventative actions and source reduction approaches for Low Impact Development (LID) Techniques. The goals of LID are to maintain or more closely approximate pre-developed surface flow volumes and durations. In September the Homebuilder's Association presented the Kitsap LID Guidance Manual to the Council. The City is required to provide for LID techniques through the National Pollutant Discharge Elimination System permit. Additionally, staff would like to request that the Manual be administratively adopted, thus allows the Public Works Director to change the Manual when necessary. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 005-10, authorizing the Mayor to administratively adopt the Kitsap LID Guidance Manual to take effect on February 15, 2010. Upon vote, the motion passed with four qffirmative votes and two dissenting votes. Councilmember Clauson and Chang cast the dissenting votes. Minutes of January 26, 2010 Pages of8 C. Adoption of Resolution No. oo8-to, Repealing Resolution No. 003-08, and Reestablishing Council Committee Assignments and Rules City Clerk Kirkpatrick presented the staff report noting, Council members discussed reorganization of Council Committees during their January 19, 2010, Work Study Session. Council directed staff to prepare a resolution reestablishing the following committees: Finance (continue to investigate and recommend policy on the subject and issues that have been historically assigned to this committee) Utilities (continue to investigate and recommend policy on the subject and issues that have been historically assigned to this committee) Public Property (continue to investigate and recommend policy on the subject and issues that have been historically assigned to this committee) Tourism (includes Festival of Chimes and Lights, Lodging Tax matters, and other public events and tourism related issues) Further, the Council directed Councilmembers would serve on the Committees as outlined in Resolution No. oo8-10 .. Councilmember Clauson moved and Councilmember Powers seconded the motion to adopt Resolution No. oo8-to, repealing Resolution No. 003-08, and reestablishing the City Council Committees assignments and rules. Councilmember Chang moved and Councilmember Colebank seconded the motion to amend for Council Committees to be reassigned in one year. Councilmember Chang voiced his support, noting it would be good to have the Committees reviewed every year. Councilmember Colebank voiced his support, noting it would give new Councilmembers an opportunity to serve on the different committees. Councilmember Clauson voiced his opposition, noting that he has yet to find the perfect system to select Council Committees and believes the system currently in place is the best so far and for that reason will oppose the one-year term. The roll call vote on the motion to amend was Councilmembers Chang, Colebank and Olin in favor. Councilmembers Clauson, Powers, and Putaansuu opposed. The motion FAILED. Councilmember Childs was absent. Upon vote, the main motion passed unanimously. Minutes of January 26, 2010 Page 6 of8 D. Authorization to Issue RV Parking Permit Exemption City Clerk Kirkpatrick presented the staff report noting, Mr. Marvin Rowan, 132 Rockwell Avenue, has submitted a request for exemption of his RV parking permit for a 1985 Chevy Allegro 27 foot Motor Home, License No. 662 XZ¥, which was previously exempted for the past five years. Port Orchard Municipal Code 10.18.050 sets forth the criteria for allowing an RV exemption. The Public Property Committee met on January 14, 2010, and reviewed the criteria for exemption and recommend the Council approve the requested RV exemption permit with the following conditions: 1. Issue a one-year RV Exemption Permit to expire December 31, 2010. Mr. Rowan has been issued an exemption for his motor home for the past 12 years. The Committee was hesitant to continue allowing RV's to park in the City's rights-of- ways, and determined a one-year permit would allow the Council time to determine whether or not to continue allowing exemptions for parking of boats, boat trailers, and RV's; as well as notification of any changes to other current RV permit holders. 2. Direct the Public Property review Port Orchard Municipal Code 10.18, as it pertains to RV Exemptions and bring forth a recommendation to the Council; or direct staff to bring forward an ordinance amending POMC 10.18 repealing Sections 10.18.040 and 10.18.050, which deal with issuance of RV exemption permits. Councilmember Putaansuu moved and Councilmember Powers seconded the motion to authorize the City Clerk prepare an Ordinance amending Port Orchard Municipal Code 10.18 repealing sections 10.18.040 and 10.18.050 exemption permits for boats, boat trailers, and recreational vehicles. The roll call vote was Councilmembers Putaansuu in favor. Councilmembers Clauson, Powers, Olin, Chang, and Colebank opposed. The motion FAILED. Councilmember Childs was absent. Councilmember Olin stated this is the first step to notifying residents that the City was looking at other alternatives regarding parking on the City's rights-of-way. Councilmember Putaansuu voiced his objection of parking recreational vehicles on the City's rights-of-ways. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to authorize issuance of a recreational vehicle parking permit exemption to expire when the vehicle is sold or no later than December 31, 2010; and to further direct the Public Property Committee to review and make recommendations to the Council regarding POMC 10.18 relating to exemption permits for boats, boat trailers, and recreational vehicles. Upon vote, the motion passed with five affirmative votes and one dissenting vote. Minutes of January 26, 2010 Page 7of8 Councilmember Putaansuu cast the dissenting vote. Councilmember Childs was absent. F. Variance Request to Have More than Three Licensed Animals City Clerk Kirkpatrick advised that on January 19, 2010, a request to allow a Ms. Leslie Hassett to have four animals licensed within the City when she moves inside City limits was received. She explained that Port Orchard Municipal Code (POMC) 7.12.090 allows a pet owner to seek a pet license variance from the City Council to allow additional pets outside the restriction of allowing only three (3) licensed pets, dogs or cats at a single-family residence inside City limits. Leslie Hassett thanked the Council for hearing her request and explained that it was not her intent to replace any of her pets as they get older and pass away. Councilmember Chang MOVED and Councilmember Olin seconded the motion to grant a pet license variance for four (4) dogs to Ms. Leslie Hassett and for her to comply with all other regulations and licensing requirements of Port Orchard Municipal Code Title 7· Upon vote, the motion passed unanimously. Councilmember Childs was absent. E. Discussion: Business Professional Land Use Code Development Director Weaver stated that this item was a carryover from the January 19, 2010, Council Work Study Session~ He stated the Planning Commission will reexamine the business professional zone over the coming year to include working with effected property holders and area neighbors, public comments, and the Planning Commission. 8. CITIZENS COMMENTS There were no citizen's comments. 9· COMMITTEE REPORTS Councilmember Clauson reported on the Finance Committee meeting, noting the City fell short of its projected 2009 Budget approximately $28s,ooo, which those funds came out of the City's reserve fund. Councilmember Chang reported on attending the Washington Association of Public Records training, which he found to be very useful and asked the Deputy Clerk to provide a brief overview of the training at the next Council meeting. Minutes of January 26, 2010 Page 8 of8 Councilmember Olin reported the Public Properties Committee met regarding Dwight Street and Austin Street to review ownership/street vacation issues; reviewed snow routes; and worked on the Active Club use process. to. MAYOR'S REPORT Mayor Coppola reported on the following: • Met with Kids of Hope; • Met with South Kitsap Senior Action Committee; • Met with Commissioner Josh Brown regarding Transit matters; • Spoke to the South Kitsap High School government classes; • Met with Chris Rieland with KEDA; • Spoke with many Bethel Corridor property owners; • Met with local business owner about his plans; • Attended Harbor Step Ribbon Cutting; • Spoke with Congressman Dick about the proposed parking garage; • Would be attending the AWC quarterly m eeting this week; and • Requested from the State legislators a new way to publish meeting and legal notices. 11. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey thanked Senator Kilmer regarding his support of house bill pushing SR 166 to extend all the way to Southworth. Planning Directory Weaver provided an update on the Bethel Annexation indicating Friday, January 29, 2010, is the deadline to submit a petition to annex into the City. At this time 42% of the total has bee n collected and they still need 18 million dollars in valuation, noting Wal-Mart alone is n million dollars. City Clerk Kirkpatrick reported the Deputy Clerk is the Treasurer of the newly formed Washington Public Records Organization, noting that public records training ties into the City's records management program. 13. ADJOURNMENT