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02/09/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of February 9, 2010 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Mayor Pro- Tem Rob Putaansuu, 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 Mark Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Brandy Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Boy Scouts of America: Bryan Adams, Joel Adams, Noah Adams, Christian Doll, Joseph Doll, Chris Hildebrand, Alex Hildebrand, Bradley Hildebrand, Alex Landry, Joshua Hemphill, Joel Hemphill, and Evyn Bartlett led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Jerry Arnett inquired as to the status of how the funding from BKAT would be utilized and whether or not citizens would receive a refund in their cable bill, noting that was what the increase in services was for. Chris Baker urged the Council to support efforts to return Kitsap Transit Bus Route No.9, noting that many senior citizens relied heavily on that route to bring them to the Town Square mall to purchase groceries, haircuts, etc. The lack of the bus route has created a hardship for both the businesses at the Mall as well as the senior citizens who live in the Retsil area. Diane Hubert voiced her appreciation of the time Public Works Director Dorsey took to explain the safety of citizens crossing in the proposed Tremont Roundabout. Nicole Vaught thanked the Mayor for hiring competent employees; voiced her concerns regarding roundabouts; and explained that while in Olympia this past week, she noted there is a bill that would help property owners protect their rights to not have their residential neighborhoods be transformed into commercial, which she fully supported. 3· APPROVAL OF AGENDA Councilmember Colebank MOVED and Councilmember Putaansuu seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 53073 through 53151 in the amount of $235,615.16; January's Payroll Warrant Nos. 142868 through 142926 in the amount of $469,863.07; and Treasurer's check book in the amount of $2,018,159-49. B. Approval of the January 19, 2010, Work Study Session Minutes Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Public Records Seminar Update. Deputy Clerk Rinearson provided a brief overview on the training she recently received through the Washington Public Records Organization (WAPRO) of which she is serving as the Treasurer. 6. PUBLIC HEARING A. Revised City of Port Orchard Jurisdiction-Specific Vulnerability Assessment and Mitigation Strategies Public Works Director Dorsey presented the staff report, noting that the Federal Disaster Act of 2000, requires all local organizations (governmental, tribal, and not-for-profit) to have an approved local mitigation plan in accordance with 44 CFR 201.6 prior to receiving Hazard Mitigation Grant Program Funding. Staff has worked with Kitsap County Department of Emergency Management (KCDEM) in preparation of the 2010 Kitsap County Multi-Hazard Mitigation Plan. The revised Plan, once approved by Federal Emergency Management Act (FEMA), will replace and update the previously adopted Plan. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:19p.m. B. School Impact Fees Development Director Weaver presented the staff report, noting that prior to the McCormick Woods annexation the area was providing the South Kitsap School District with school impact fees for each new residential building permit. The collection of school impact fees are currently in effect throughout Kitsap County. By instituting school impact fees for each new residential building permit in the City of Port Orchard will help mitigate the financial impact to the South Kitsap School district and provide a consistent process for school Capital Facilities financial planning throughout South Kitsap jurisdictions. Minutes of February 9, 2010 Pa e of Mayor Coppola opened the Public Hearing and there being no testimony closed the Public Hearing at 7:21 p.m. Tom O'Brien, Director of Facilities and Operations for South Kitsap Public Schools thanked the Council for implementing the impact fees, noting that the fees are paid directly from the developer to the school and are applied to new construction only. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:27p.m. C. Waste Management of Washington, dba Brem-Air Disposal: Garbage Service Contract Renewal Public Works Director Dorsey presented the staff report, noting that staff has been working on the contract renewal with Waste Management. Staff was directed at the January 19, 2010, Work Study Session to bring this item forward for public hearing and at this juncture, the City has two options. The first option is to extend the current garbage service contract under the original terms and conditions. The second alternative is to renegotiate the garbage service contract with Waste Management. Mayor Coppola opened the Public Hearing at 7:28p.m. Terry Bickel District Manager for Brem-Air/Waste Management thanked the Council for the opportunity to provide an update on the contract, noting the following: o He was proud of the service being provided to the City residents; o His operation area had the lowest rates in Washington; o As part of working within the community, Waste Management would continue with the Spring/Fall cleanup days; o The recycling program is being used by more residents; o His operation area has a high level of customer service with very few complaints; o Has a good safety record; o Community involved, noting the employees of his district opted to donate money to SK Helpline rather than have a Holiday party; Gerry Harmon voiced concerns that consumers are purchasing more goods in plastic containers (clam shells), which are not recyclable, and inquired if Waste Management was looking at how to better serve its senior citizens who can no longer move lawn waste to the street corner for pickup. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:56p.m. D. Development Agreement between South Kitsap Fire and Rescue and City of Port Orchard Minutes of February 9, 2010 Pa e of Public Works Director Dorsey presented the staff report, noting that during the McCormick Woods annexation it came to the attention of staff that there is a parcel that is owned by South Kitsap Fire and Rescue, which adjoins property the City acquired for the purposes of a park. RCW 36.7ob.170 authorized the execution of a development agreement between local government and an entity having ownership or control of real property within its jurisdiction and must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement. SKFR is the owner of a 3 acre parcel of real property on Old Clifton Road where at some future date it intends to construct a public safety building. The City and SKFR desire to memorialize their agreement regarding the development standards and construction standards that will apply to SKFR's future project. Mayor Coppola opened the Public Hearing at 7:58 p.m. Greg Rogers of South Kitsap Fire Rescue voiced appreciation to the Council for its leadership and support in an innovate approach to addressing future public safety needs before they become critical. There being no further testimony, Mayor Coppola closed the Public Hearing at 8:02p.m. 7· BUSINESS ITEMS A. Approval ofthe January 26, 2010, Council Meeting Minutes Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to approve the January 26, 2010, Council Meeting Minutes. Upon vote, the motion passed with six affirmative votes. Councilmember Childs abstained. B. Adoption of Ordinance No. 001-10, Authorizing a School Impact Fee and Amending Port Orchard Municipal Code Chapter 16.70 "Impact Fees - General Provision" Development Director Weaver presented the staff report, noting that prior to the McCormick Woods annexation the area was providing the South Kitsap School District with school impact fees for each new residential building permit. The collection of school impact fees are currently in effect throughout Kitsap County. By instituting school impact fees for each new residential building permit in the City of Port Orchard will help mitigate the financial impact to the South Kitsap School district and provide a consistent process for school Capital Facilities financial planning throughout South Kitsap jurisdictions. Minutes of February 9, 2010 Pa e of Councilmember Powers MOVED and Councilmember Childs seconded the motion to adopt amended Ordinance No. 001-10, authorizing a school impact fee and amending Port Orchard Municipal Code 16.70 "Impact Fees -General Provisions." Upon vote, the motion passed unanimously. C. Adoption of Ordinance No. 002-10, Repealing Port Orchard Municipal Code 5.76 Entitled "Garbage Collection Franchise" City Clerk Kirkpatrick presented the staff report, noting that Ordinance No. 839, codified as Port Orchard Municipal Code 5.76 in 1969 granted Port Orchard Garbage Service a temporary franchise for certain annexed areas. During the renewal process it came to staffs attention that Ordinance No. 839 is out of date and needs to be repealed. The current terms of the garbage collection franchise are fully described in the existing contract with Waste Management of Washington, dba Brem-Air Disposal. Councilmember Colebank MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. 002-10, Repealing Port Orchard Municipal Code 5.76 in its entirety. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 009-10, Excluding the Sidney Gallery and Museum Parcel from Consideration as a Preferred Site for a Downtown Parking Garage Development Director Weaver presented the staff report, noting that the City Council considered a feasibility study to evaluate traffic and parking issues within the Downtown Overlay District, public comment, and its own deliberations designating a preferred site for a downtown parking garage, also referred to as the "Port Orchard Town Center Revitalization Project." The City selected its preferred site and conducted a geotechnical testing and conducted conceptual planning study and feasibility analysis for any potential future project on the selected site. The Sidney Museum and Art Association formally requested that their parcel be removed from consideration and all documents relating to the Port Orchard Town Center Revitalization Project. Councilmember Clauson MOVED and Councilmember Powers seconded the motion to adopt Resolution No. 009-10. Upon vote, the motion passed unanimously. E. Adoption of Resolution No. 010-10, Authorizing the Mayor to Execute a Development Agreement with South Kitsap Fire and Rescue Public Works Director Dorsey presented the staff report, noting that during the McCormick Woods annexation it came to the attention of staff that there is a parcel owned by South Kitsap Fire and Rescue (SKFR), which adjoins property the City acquired for the purposes of a park. RCW 36.70b.170 authorizes the execution of a development agreement between a local government and an entity having ownership or control of real property within its jurisdiction and must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement. SKFR is the owner of a 1.5 acre parcel of real property on Old Clifton Road where at some future date it intends to construct a public safety building. The City and SKFR desire to memorialize their agreement regarding the development standards and construction standards that will apply to SKFR's future project. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 010-10, authorizing the Mayor to execute Development Agreement No. C027-10, with South Kitsap Fire and Rescue commending February 9, 2010 and expiring February 8, 2017. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS Brain Petro voiced his appreciation to the Council for removing the Sidney Museum from the downtown parking garage discussions. 9· COMMITTEE REPORTS Councilmember Putaansuu announced the Utilities Committee would meet on Friday, February 12, 2010, at City Hall, to discuss sewer rates. Councilmember Olin reported on the Public Property Committee, noting members of the Committee and the Mayor would meet with representatives from the Morning Rotary at the Dwight Street/Central Park to discuss implementation of a Pea Patch program on Monday, February 15, 2010, at 10:00 a.m. 10. MAYOR'S REPORT Mayor Coppola reported on the following: • Spoke at the morning Rotary; • Met with the President of the morning Rotary and Master Gardeners about location of Pea Patch at Dwight Street/Central Park; • Met with Boys and Girls Club; • Attended conference call on KRCC matters; • Met with Poulsbo Mayor Erickson and provided a tour of City to bring her up to date on City matters as it pertains to KRCC; and Minutes of February 9, 2010 Page 7 ofz • Met with Commissioner Bauer regarding revenue sharing agreement and the City's negotiating team will consist of Councilmembers Powers and Clauson and the Mayor. 11. REPORT OF DEPARTMENT HEADS In response to City Clerk Kirkpatrick, Councilmembers Putaansuu, Colebank, Clauson, and Carolyn Powers and Mayor Coppola volunteered to serve pancakes at the May 1, 2010, Shop SK Pancake Feed being held at McClendon's Hardware. Further, Councilmembers referred an insert into Utility Billing to the Work Study Session for further discussion . Development Director Dorsey provided a brief update on SB 6510 relating to extending SR 166 to Southworth, noting that the bill was amended by Senator Kilmer in order to move it out of Committee to its next step. Staff will continue to monitor its progress. City Attorney Jacoby voiced appreciation that the Boy Scouts were still in attendance at the meeting; noted Public Records training for city staff was an excellent risk management tool and would reduce the risk of lawsuits; inquired if the Council would like him to facilitate the upcoming Retreat and offered his services at no charge to the City; and facilitate; and asked for direction to be given in regards to the Waste Management contract renewal. After a brief discussion, the Council directed the Attorney to attend the Council Retreat on February 19, 2010, and directed staff to bring forward contract renewal with Waste Management at the February 23, 2010, meeting. 12. EXECUTIVE SESSION -NONE 13. ADJOURNMENT At 8 :3 5 p .m . Mayor Coppola adjourned the meeting. / Patricia J.