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03/09/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 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 Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Art Mikelsen led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Art Mikelsen expressed his support of Western Little League taking over the unexpired lease of the Babe Ruth, noting this field is the only full-size diamond in the City of Port Orchard; that the Western Little League spent a lot of money renovating its own field and would like to expand to include the junior and senior programs. Use of this field by Western Little League would allow more teams to play more home games and that this field was not designed to support football programs. 3· APPROVAL OF AGENDA The following item was added to Business Items: • Discussion: Givens Playfield Lease Options Involving the Babe Ruth Association, South Kitsap Pee Wee Association, and the South Kitsap Western Little League Councilmember Child MOVED and Councilmember Clauson seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Approval of the February 16, 2010, Work Study Session Minutes C. Approval of the February 19, 2010, Council Retreat Minutes D. Approval of the February 23, 2010, Council Meeting Minutes Councilmember Clauson MOVED and Councilmember Olin seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Minutes of March 9, 2010 Page 2 of7 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Approval of Contract No. C015-10, Authorizing the Mayor to Execute the Temporary Memorandum of Agreement with the Port of Bremerton for Waterfront Parking Allocation/Control Public Works Director Dorsey presented the staff report, noting at the August 13, 2009, Public Properties Committee meeting, Mr. Brian Sauer of the Port of Bremerton (Port) presented proposed modifications to the current waterfront parking Memorandum of Understanding (dated February 13, 1996.) The requested modifications would provide for one (1) additional Port parking space near the Port Orchard Marina Office. In exchange for this additional parking stall, the Port proposed to grounds keeping responsibility of the landscaped area within the City's Lot No. 2, as well as providing for all signage and striping modifications necessary in the proposed exchange. At the August 15, 2009, Council Work Study Session, the Port of Bremerton once again presented the proposed modifications to the current Memorandum of Understanding, whereby Council directed Staff to work the Port in preparation of a revised Memorandum of Agreement (MOA). The Port of Bremerton has agreed to terms and conditions outlined in the Temporary Memorandum of Agreement (MOA) between the City of Port Orchard and the Port of Bremerton Concerning the Allocation and Control of Parking on Waterfront Property. The MOA is to be "temporary" until the Waterfront Lease with the Department of Natural Resources (DNR) is resolved. Councilmember Colebank MOVED and Councilmember Powers seconded the motion to approve Contract No. C015-10, authorizing the Mayor to execute the Temporary Memorandum of Agreement between the City of Port Orchard and the Port of Bremerton Concerning the Allocation and Control of Parking on Waterfront Property. Councilmember Clauson expressed concerns regarding Condition No.5 in the MOA, which stated, "The City will maintain at least 8 spaces in Lot #4 as four hour no-fee parking to support public access to, and use of, the Port Orchard Marina Park and the Mary Ann Huntington Children's Park," stating that a trade is a trade and that either parties shouldn't put conditions on a trade. Minutes of March 9, 2010 Page3of7 Brian Sauer with the Port of Bremerton explained that the Commissioners had requested some spaces be no-fee parking in order for the public to access use of the park. In response to Councilmember Putaansuu, Public Works Director Dorsey stated the current landscaping contract indicates we can revise it at any time, therefore upon approval of the MOA the landscaping contract will come back before the Council for adjustment and approval. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to amend the contract to strike out Condition No. 5· Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Olin cast the dissenting vote. Upon vote, the main motion as amended passed unanimously. B. Approval of Supplemental No. 1 Amending Contract No. C071-09, with N.L. Olson and Associates, Inc. for the Design of the Bay Street Pedestrian Enhancement Project Public Works Director Dorsey presented the staff report, noting on October 27, 2009, the City of Port Orchard Public Works Department executed Contract No. 071-09, with N.L. Olson and Associates, Inc. for the design of the Bay Street Pedestrian Enhancement Project. The contract is for plans, specifications, cost estimate, and environmental permitting of a one-mile segment of pedestrian path adjacent to Sinclair Inlet. The design is currently 50% complete and a time extension is needed to the contract. At the present the contract is due to expire on April 30, 2010, and staff is requesting a time extension to September 30, 2010, as this will allow N. L. Olson and Associates, Inc. to finish the design and permitting. In response to Councilmember Chang, Public Works Director Dorsey stated the original completion date was an aggressive schedule and this would allow for identification of problem areas and to meet with the State for their review of the project. Councilmember Powers MOVED and Councilmember Childs seconded the motion to approve Supplemental No. 1 amending Contract No. 071-09, with N.L. Olson and Associates, Inc., by extending the design of the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project to September 30, 2010. Upon vote, the motion passed unanimously. C. Approval of Contract No. 016-10, ratifying the Mayor's signature for Festival Foot Ferry Service with Kitsap Harbor Tours City Clerk Kirkpatrick presented the staff report, noting during the 2010 Budget process, the City Council approved the use of Hotel/Motel funds for Foot Ferry service hours for Minutes of March 9, 2010 Page4 of7 Festivals that fall on Sundays, due to reduction of foot ferry service by Kitsap Transit. The City Clerk has negotiated with Kitsap Harbor Tours to operate the Foot Ferry on four (4) festival event days that fall on Sunday and Monday for an hourly rate of $146.25 per hour not to exceed eight (8) hours per event day. Kitsap Harbor Tours will charge $2 each way, with kids under 5 years riding free. The fares collected will be deducted from the total bill for that event day. Invoices will be sent to the City of Port Orchard and the City Clerk will ensure payment is made by all three parties, the City of Bremerton, Port of Bremerton, and the City of Port Orchard. Councilmember Clauson announced a potential conflict as he is a Kitsap Transit employee; and recused himself from the meeting. Councilmember Chang MOVED and Councilmember Colebank seconded the motion to approve Contract No. Co16-1o, ratifying the Mayor's signature for Festival Foot Ferry Service with Kitsap Harbor Tours, LLC, with the City's one- third share to be paid from Hotel/Motel Tax fund in an amount not to exceed $2,900. Upon vote, the motion passed with six affirmative votes. Councilmember Clauson was recused. D. Discussion: Kit-Net Fiber Network Build-Out Letter Supporting ARRA Stimulus Grant City Clerk Kirkpatrick presented the staff reporting, noting Mayor Coppola received a request from Mary McClure, Kitsap Regional Coordinating Council for letters of support for the second round of ARRA Stimulus Grant for the full build-out of Kit-Net Fiber. This is County-wide and there is a matching grant commitment of $5,000 per City for over a three- year period. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to authorize the Mayor to write a letter of support for the Kit-Net Fiber Network Build-Out for Grant Funds through the ARRA Stimulus Grant and to further authorize the commitment to share in the costs of the matching grant in an amount not to exceed $5,000 payable over a three-year period. Upon vote, the motion passed unanimously. E. Discussion: Givens Playfield Lease Options Involving the Babe Ruth Association, South Kitsap Pee Wee Association, and the South Kitsap Western Little League Councilmember Olin reported the Public Properties Committee had met regarding the Western Little League desire to assume the Assignment of Lease for the Babe Ruth Association ball field. This would give the Western Little League an opportunity to support a junior and senior program. Minutes of March 9, 2010 Page 5 of7 Councilmember Clauson explained if the Assignment of Lease is approved by the Council to the Western Little League, the contract will still be under the same terms and conditions as if they were the Babe Ruth Association and would need to resolve their issues with the Peewee Association. Councilmember Childs MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to send a letter approving the assignment of the Babe Rnth Lease to the Western Little League. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Olin cast the dissenting vote. Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to excuse Conncilmember Putaansuu from the March 23, 2010, Council meeting. Upon vote, the motion passed unanimously. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to excuse Councilmember Childs from the March 23, 2010, Council meeting. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS There were no citizen comments. 9· COMMITTEE REPORTS Councilmember Clauson reported the Finance Committee met on the following; • The Library District provided a presentation on their upcoming Bond Levy in November 2010. If the Bond Levy is approved it will allow for renovations or a new location for the Port Orchard, Silverdale, and Kingston Libraries; • Replacing or repairing the Port Orchard Library's roof and directed Staff to look at the costs to do a quick fix on the roof rather than replacing it; • The Treasurer reported that sales tax revue came in February, of which is December's sales tax and they came in higher than projected; and should we continue at the same rate we should make what has been budgeted; • The Treasurer had spoken with the Department of Natural Resources (DNR) regarding payment, noting that they are holding the past lease payments at the current monthly rate until negations are completed; • Electronic parking meter proposals were received and the Committee recommended having the machines that accepts credit/ debit cards only, which would reduce the need to have staff leave the office to collect the money and then to count it. It was Minutes of March 9, 2010 Page 6 of7 recommended that this item be put on the April 20, 2010, Work study session to discuss raising the parking fees to offset the cost of the parking meters. • The next meeting will be held on Wednesday, March 17, 2010, at 7:30 a.m. at Myhre's. Councilmember Putaansuu requested the Council explore the possibly of becoming part of the Library District, as this would allow the citizens an opportunity to vote on the Library Bond Levy. The City Clerk was directed to determine the deadlines for upcoming elections and costs and to add this item for further discussion at the March 16, 2010 work study session agenda. Councilmember Childs announced the Tourism Committee would meet on March 10, 2010, at 5:30 p.m. at City Hall. Councilmember Putaansuu announced the Utilities Committee would meet on Thursday, March 11, 2010, at 7:30 a.m. at Myhre's, to discuss sewer rates; and the Sewer Advisory Committee will meet Wednesday, March 10, 2010, at 6:30p.m. at South Kitsap Wastewater Reclamation Facility. Councilmember Olin reported on the Public Property Committee, noting the RV exemption should be ready to go before the Council at the April work study session; and requested the Active Club issues be added to the March 16th Work Study Session. 10. MAYOR'S REPORT Mayor Coppola reported on the following: • Attended the Hero's Breakfast; • Met with Norm Dicks regarding parking garage acquisitions; • Attended Puget Sound Regional Council meeting for the first time as a representative of Port Orchard; • Met with the Publisher of the Port Orchard Independent; • Attended the After Hours at Custom Framing as they celebrated their 15 years of being in business; • Met with Mark Gulbranson; • Testified in Olympia regarding Senate Bill No. 6510 regarding SR166; • Attended the Kitsap County Consolidated Housing Authority with the new Director; • Met with Mr. Aaenson with AA regarding the Active Club cleaning as he offered to take over the maintenance; • Met with Mayor Lent regarding Revenue Sharing Agreement and SKIA; • Met with Mayor Erikson regarding the Revenue Sharing Agreement, Disaster Plan, and possibly sharing a Prosecuting Attorney; • Attended the Housing Authority and Health District Personnel Committee; and Minutes of March 9, 2010 Page 7 of7 • Attended the Kitsap Regional Coordinating Council meeting regarding Health Care Benefit Analysis for all county, city, and PUD to possibly self insure. 11. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported he met with the utility providers and have reviewed the plans to start on the design on the Tremont Widening project and is working with the Treasurer regarding the acquisitions; Bay Street Seawall project will be going out for bid; and he submitted to DNR the boundary lease information. Development Director Weaver reported that the South Sedgwick Annexation, which is South of Albertson's, will be ready to come before Council; that the South Kitsap School District will be bring before their board a possible annexation. 12. ADJOURNMENT At 8: 4 p.m. Mayor.Coppola adjourned the meeting.