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03/23/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 23, 2010 1. CALLTOORDERANDROLLCALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Fred Chang, 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, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Mayor Pro-Tern Rob Putaansuu and Councilmember Childs. A. Pledge of Allegiance Jeff Rhodes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3· APPROVALOFAGENDA Councilmember Olin MOVED and Councilmember Colebank seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmembers Childs and Putaansuu were absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 53297 through 53332 in the amount of $56,667.30 B. Approval of the March 9, 2010, Council Meeting Minutes C. Setting Meeting for Work Study Session to April2o, 2010, at 7:00p.m. at City Hall Councilmember Olin MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmembers Childs and Putaansuu were absent. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING No Public Hearings were held. Minutes of March 23, 2010 Page 2 of8 7· BUSINESS ITEMS A. Adoption of Ordinance No. 003-10, Repealing Resolution No. 1780; Establishing a Lodging Tax Advisory Committee Pursuant to RCW 67.28.1817; and Adding a New Chapter 2.22 "Lodging Tax Advisory Committee" to the Port Orchard Municipal Code City Clerk Kirkpatrick presented the staff report, noting she has been working with Councilmember Chang, who is the Chair of the Lodging Tax Advisory Committee, to develop rules and procedures for the Committee. The Lodging Tax Advisory Committee was originally formed under Resolution No. 1780; and in an effort to be transparent, staff recommended codification of the Lodging Tax Advisory Committee. Councilmember Chang MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 003-10, repealing Resolution No. 1780; establishing a Lodging Tax Advisory Committee pursuant to RCW 67.27.1817; and adding a new chapter 2.22 "Lodging Tax Advisory Committee" to the Port Orchard Municipal Code. Upon vote, the motion passed unanimously. Councilmembers Childs and Putaansuu were absent. B. Adoption of Ordinance No. 004-10, Repealing Resolution No. 025-08; and Establishing Fees and Rules for Active Club Building; and adding a new chapter 2.75 "Active Club Building" to the Port Orchard Municipal Code Public Works Director Dorsey presented the staff report, noting the Active Club Building was donated to the City of Port Orchard in 1959 by the Port 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. After an extensive review of the needs of the facility, including day-to-day upkeep and the inevitable need for upgrades, repairs and daily maintenance, it was determined that user fees for the facility needed to be addressed, along with other operational issues. The Public Property Committee concurred that the fees should be increased to help offset the operations and maintenance costs to run the facility and changes to the Rules and Regulations needed to be addressed. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 004-10, Repealing Resolution No. 025-08; and Establishing Fees and Rules for Active Club Building; and adding a new chapter 2.75 "Active Club Building" to the Port Orchard Municipal Code. Upon vote, the motion passed with four affirmative votes and one dissenting vote. Councilmember Colebank cast the dissenting vote. Councilmembers Childs and Putaansuu were absent. Minutes of March 23, 2010 Page3 of8 C. Adoption of Resolution No. 019-10, Authorizing the Purchase of a 2010 Ford Escape from Storm Drain Utility Fund Public Works Director Dorsey presented the staff report, noting as part of the 2010 operating budget a vehicle was budgeted in the Storm Drainage Utility. After a review of the Utility's needs, it was determined that a small utility vehicle would be the best fit. Review of the State Bid List revealed that the only small utility vehicles available through this avenue were a 2010 Ford Escape XLS or a 2010 Ford Escape HEV hybrid. To allow employees access into ponds and areas where storm facilities are located, the four wheel drive (4WD) option is highly recommended. Staff looked at bids for both the hybrid 2010 Ford Escape and the Ford Escape XLS. The Ford Escape XLS with 4WD would cost the City $17,602 and the Hybrid would cost about $29,555. This does not include tax, licensing and recording fees for either vehicle. The City budgeted $26,ooo in the 2010 budget for this vehicle. Staff has presented two options in the motion for Council consideration. In response to Councilmember Clauson, Public Works Director Dorsey stated the vehicle was part of the State Contract bid list and there is no time limit in obtaining the vehicle. Mr. Clauson recommended staff go out for bid to include a hybrid vehicle. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to postpone this item until staff completes the Bid process for a hybrid vehicle. Upon vote, the motion passed unanimously. Councilmembers Childs and Putaansuu were absent. D. Approval of Contract No. C017-10, Authorizing the Mayor to Execute an lnterlocal Agreement with Kitsap County Regarding Stormwater within McCormick Urban Village City Attorney Jacoby presented the staff report, noting in July of 2009, the City of Port Orchard annexed an area known as McCormick Woods. Since that annexation, staff from the County and City have been working together to resolve the issue of conveying stormwater facilities within the annexed area. The stormwater facilities in McCormick Woods consist of 465 catch basins, 10.3 miles of piping, 24 ponds and two ponds yet to be acquired until the urban growth boundaries are adjusted. This Interlocal Agreement (ILA) would provide, under RCW 36.708.190, that development agreements are binding upon the parties and their successors, including a city that assumes jurisdiction through annexation of the area covered by the development agreement. The Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes the parties to enter into an agreement for cooperative action; hence the purpose of this agreement is to facilitate an orderly transition from the County to the City of stormwater-related services and capital projects within the annexed area. Minutes of March 23, 2010 Page4of8 Councilmember Colebank MOVED and Councilmember Olin seconded the motion to authorize the Mayor to sign lnterlocal Agreement No. C017-10, between Kitsap County and the City of Port Orchard relating to stormwater within the McCormick Urban Village and McCormick/ULID No. 6 Urban Growth Area to expire on December 31, 2011. Upon vote, the motion passed unanimously. Councilmembers Childs and Putaansuu were absent. E. Amending Contract No. C027-09, Authorizing the Mayor to Execute Change Order No.1 with Progressive Landscapes, LLC for Landscape Services Public Works Director Dorsey presented the staff report, noting the City of Port Orchard Public Works Department was directed to contact Mr. Fred Music, owner of Progressive Landscape Services, LLC, in regards to extending the current 2009 Park Maintenance contract expiration date of April 30, 2010 to December 31, 2011. It is understood by both parties that the contract extension will be provided at the current contract price of $15,117.12, as well as the provisions agreed upon in the City's letter to Mr. Music dated October 26, 2009. Councilmember Powers MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to execute City Contract C027-09 Progressive Landscapes LLC in an amount not to exceed $15,117.12 (fund code 001-5- 576.80.40.48) for the 2010-2011 Parks Maintenance Services. Upon vote, the motion passed unanimously. Councilmembers Childs and Putaansuu were absent. F. Amending Contract No. C042-09, Authorizing the Mayor to Execute Change Order No. 2 with Charon Drilling, Inc. for Well No. 11 at McCormick Woods Public Works Director Dorsey presented the staff report, noting on July 28, 2009, the Port Orchard City Council authorized the Mayor to execute a contract with Charon Well Drilling, Inc. for the Well No. 11 Cable-Tool Drilling Project (PW2009-01) at McCormick Woods, whereby existing Well Nos. 1, 2, and 3 are to be replaced by Well No. 11 (formerly Well #5), being a deep aquifer well. On August 12, 2009, the Notice to Proceed for the go-day contract was issued, thereby establishing a completion date of November 10, 2009. On December 8, 2009, the City Council authorized the Mayor to execute Change Order No. 1, extending the contract to March 31, 2010. Due to unforeseen circumstances, primarily hydro-geological delays, work will not be accomplished by the March 31, 2010, completion date as previously anticipated and Mr. Dorsey recommended extending the contract for a completion date of December 31, 2010, instead of July 31, 2010, as previously stated. Minutes of March 23, 2010 Page 5 of8 In response to Councilmember Clauson, Public Works Director Dorsey stated the delay is caused by a piece of casing that is slightly tipped and is not allowing the drilling to be pushed thru. The next step is to send a camera down to see where the blockage is and whether they will need to re-drill, which would be at no cost to the City. Councilmember Colebank MOVED and Councilmember Powers seconded the motion to amend Contract No. C042-09, authorizing the Mayor to execute Change Order No. 2, being a contract time extension only from March 31, 2010 to December 31, 2010, with Charon Drilling, Inc. for the Well No. 11 Cable-Tool Drilling Project (PW2009-01) at McCormick Woods. Councilmember Chang MOVED to amend Contract No. C042-09, extending the contract expiration date to July 31, 2010. The motion failed for a lack of a second. Upon vote, the main motion passed with four aJJirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. Councilmembers Childs and Putaansuu were absent. G. Meeting with Initiating Parties Regarding Notice of Intent Petition for South Sedgwick Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on February 18, 2010, to annex 23 parcels totaling approximately 97.56 acres. The parcels are located in the vicinity South and East of SW Sedgwick Road, East and West of State Route 16, and West of Ferate Ave. SE; that Portion of Sections 10 & 11, Township 23 North, Range 1 East, Willamette Meridian, In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. Five parcels have a County Comprehensive Plan designation of Urban Low-Density Residential with zoning of Urban Low Residential, one parcel has a Urban High-Intensity CommercialjMixed Use & Urban Low-Density Residential with zoning of Highway Tourist CommercialjUrban Low Residential, and the remaining seventeen parcels are designated Urban High-Intensity CommercialjMixed Use in the County's Comprehensive Plan with a zoning designation of Highway/Tourist Commercial. 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. In response to Councilmember Clauson, Development Director Weaver stated this annexation would be part of the revenue sharing agreement with Kitsap County, however at this time Staff does not anticipate any sales tax revenue being generated from these parcels. Minutes of March 23, 2010 Page 6 of8 Councilmember Olin MOVED and Councilmember Colebank seconded the motion to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Upon vote, the motion passed unanimously. Councilmembers Childs and Putaansuu were absent. H. Discussion: McCormick Woods STEP System Alternatives -Analysis of Existing Sewer Force Main Capacity by BHC Consultants Public Works Director Dorsey presented the staff report, noting at the March 11, 2010, Utilities Committee Meeting, it was concluded that the continued discussions on how best to resolve the many issues surrounding the McCormick Woods STEP (Septic Tank Effluent Pumping) System Pumping and Maintenance Program, which is now taking shape. He noted one viable option is for the City to establish a program to convert, over a specified period of time, the 6os existing STEP systems to individual grinder systems. This program would utilize the current McCormick Woods STEP System Pumping annual budget, as well as the 2011 McCormick Woods Odor Control budget. Before embarking on a program of this nature, the Utility Committee agreed that an analysis of the existing STEP force main capacity to transport grinder pump effluent in lieu of STEP effluent be prepared. BHC Consultants has provided a professional services fee proposal of $5,000 to provide an analysis of the existing piping system for capacity. After a brief discussion, the Council voiced its concurrence for staff to proceed with an analysis of changing the existing STEP system to a transport grinder pump system, noting the costs to do this are within the Public Works Directors spending authority and is within the 2010 Budget. 8. CITIZENS COMMENTS Elizabeth Harris, South Kitsap Pee Wee Association (SKPWA) Treasurer voiced her support to continue leasing a portion of the ball field at Givens for their association's programs, which not only supports football, but also cheer leading and basketball. She stated that the Pee Wee Association will be meeting with Mr. Bob Showers of the Western Little League to fine tune the shared use of the Northern field, commonly referred to as the SK Babe Ruth ball field. 9· COMMITIEE REPORTS Councilmember Colebank attended the Puget Sound Regional Coordinating Council's meeting where they voted to move Transportation Draft 2040 Plan to the Executive Board; and attended the KEDA Annual meeting featuring Mr. Bill Grinstein as the guest speaker regarding Higher Education. Minutes of March 23, 2010 Page 7of8 Councilmember Powers announced that Councilmember Olin, Councilmember Chang, and herself volunteered to be on the McCormick Village Park committee. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to excuse Councilmember Powers from the April 13, 2010 Council meeting. Upon vote, the motion passed unanimously. Councilmembers Childs and Putaansuu were absent. Councilmember Olin provided a brief report on the Public Property Committee, noting the City Attorney is working on drafting changes to the contracts with Western Little League and South Kitsap Pee Wee Associations. Changes to the contracts include removal of the anchors from the first and second bases at the end ofthe season; and the groups cooperate in the re-seeding of the outfield. Council directed staff to add this item to the April 13, 2010, Council meeting agenda. 10. MAYOR'S REPORT Mayor Coppola reported on the following: • Met with Mayor Patty Lent with the City of Bremerton regarding SKIA; • Met with Phyllis Mann with Kitsap County Emergency Management regarding the City's disaster recovery plan and working together to train City staff; • Met with ABM Janitorial regarding the Active Club Building; • Attended the Port Orchard Chamber of Commerce Luncheon with Frank Shires, the Editorial Cartoonist for the Port Orchard Independent; • Met with Jennifer Spall, with Wal-Mart, regarding annexation; • Attended the KEDA Annual meeting; • Met with Mary McClure and the Finance Committee regarding the Kitsap County Revenue Sharing Agreement; • Attended the bill signing of Senate Bill 6510 at the Governor's Office regarding SR 166 ownership; • Gave a tour of City Hall to the students of South Colby Elementary; • Met with the owners of Bay View Plaza regarding Economic Development; • Met with a potential manufacturing company interested renting in the industrial park and have asked the City Attorney to research weather B & 0 Tax can be waved and not be discriminatory; • Announced the Employee of the Quarter, Officer Schandel; • Attended the Boys and Girls Auction; and • Met with Kris Case who is handling Public Relations for the Port of Bremerton. Minutes of March 23, 2010 Page 8 of8 11. REPORT OF DEPARTMENT DIRECfORS Public Works Director Dorsey attended the Department of Emergency Management ICS training and noted that it had been agreed upon to move the City's Emergency Operations Center to the Tremont Fire Station; and attended a Public Works Trust Fund seminar, noting the only project the City could obtain a loan for is Tremont Widening with the maximum amount of the loan being $1o,ooo,ooo. Further, this would bring the City up to so% of its bonding capacity. Development Director Weaver reported the kickoff meeting for the McCormick Village Park was very well attended with the next meeting being April 14, 2010; the Planning Department is hiring for an Assistant Planner; and the Port Orchard Town Center Revitalization project in the amount of $1,ooo,ooo is listed on Congressman Dick's appropriations list. City Clerk Kirkpatrick invited the Council to the Post Legislative Reception, which will b e held on Tuesday, March 30, 2010, at 5:30 p.m. at the Comfort Inn Suites in Bremerton. The 26th and 35th District legislators will be there to give a wrap up of the sessions; and she thanked the Council for allowing Deputy Clerk Rinearson the opportunity to attend the Washington State Municipal Clerk's training, noting she has brought back great ideas regarding public records requests. 12. ADJOURNMENT At 8:09p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpa