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04/13/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of April13, 2010 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Councilmembers Mayor Pro- Tem Rob Putaansuu, Fred Chang, Jeny Childs, John Clauson, Jim Colebank, and Fred Olin were present and constituted a quorum. City Clerk Kirkpatrick, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Police Chief Townsend, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Councilmember Powers. A. Pledge of Allegiance South Kitsap Fire Chief Wayne Senter led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Elizabeth Harris, Troy Strobel, Ron Smith, Dorothy Williams, Chuck Burns, and Anthony Bonilla voiced their suppmt to continue with the ball field lease between the South Kitsap Pee Wee Association and the City of Port Orchard, stating that they would work with South Kitsap Western Little League and noted the following; • The North field is a multi-use field for both leagues; • Both organizations provide a safe place for the kids to build skills and fundamentals and learn about teamwork; and • Each organization provides an outlet for youth, regardless of ability. Art Mikelsen voiced his support for both organizations to cooperate together to use the fields. Robert Showers voiced his concerns of the newspaper article published in the Port Orchard Independent paper on April 9, 2010, noting that some of the statements made were incorrect; and supported working with the Pee Wee Association on field usage. 3· APPROVAL OF AGENDA The following items were removed from the Consent Agenda to Business Items: • Approval of Public Event Application: Port Orchard Farmers Market Minutes of April13, 2010 Page 2 of12 Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. Councilmembe1• Powers was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 53333 through 53443 in the amount of $270,521.61; March's Payroll Warrant Nos. 142984 through 143037 in the amount of $461,907.65; and Treasurer's check book in the amount of $1,983,587.89. B. Approval ofthe March 16, 2010 Work Study Session Minutes C. Approval of Public Event Applications: Saints Car Club "The Cruz" Port OrehaFd FarmeFs Marlcet Sidney Glen Dolphin Dash 5K Mustangs on the Waterfront Councilmember Clauson MOVED and Councilmember Childs seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. Councilmember Powe1·s was absent. 5· PRESENTATION A. South Kitsap Fire & Rescue Update Fire Chief Wayne Senter introduced Fire Commissioner Dusty Wiley and Fire Fighter Sean Collins; and provided a brief update on how the community is benefiting from the Medical Services Levy that was approved by voters as follows; • Community voted to support funds of $1,500,000; • The Fire Department would be eligible to obtain a $1.2 million dollar grant over a four year period; • The levy passed with 72% of community support, but only needed 6o%; • South Kitsap Fire and Rescue was able to hire 12 additional firefighters; • South Kitsap Fire and Rescue is remodeling the Yukon Fire Station in Manchester to become a staffed station, which will help reduce the response times in the Manchester area and decrease the domino effect for them to service the urban growth area; • Invited the Council, Mayor, staff, and public to their open house on April30, 2010, at 3:00p.m. at the Yukon Fire Station; and • Thanked the community for its continued support and the Council for its leadership of the City. Firefighter Collins thanked the Council for the help in passing the Levy, as he is now able to continue his profession in the Kitsap area. Minutes of April13, 2010 Page 3 of12 B. Legislative Session Wrap-Up Senator Derek Kilmer provided an overview in the state government: • Went into session with a 2.1 Billion dollar shortfall, in part the declining of sales tax revenue; • Increase demand of incarceration, medication, and education; • 48 states occurred similar shortfalls; • State's budget solution was to break it down into a third in budget cuts, a third in fund transfers, and a third in new revenue; • The revenue proposal is to the increase the businesses and occupation (B&O) tax (doubling it); • Prioritize and fund what is constitutionally required such as K-12 education; what is morally obligated, such as providing services to those who are most vulnerable; and to preserve public safety by making cuts that are not a priority; • Worked with the Washington State University to provide an engineering degree at Olympic College; • State agencies should provide 3% of goods and services contract to their veterans and service members in hopes of helping them get their business up and running; • No bridge toll increase this year; • Provided reforms to our ferry system; and • SR166 Department of Transportation and the state will maintain the state highway; and presented to Public Works Director Dorsey the pen that was used by Governor Gregoire when she signed the SR 166 bill. 6. PUBLIC HEARING A. 2009 City of Port Orchard Water System Plan Public Works Director Dorsey presented the staff report, noting in 2009, Public Works staff and PACE Engineers, Inc. began working on an update to the City's Water System Plan. On February 5, 2010, the City of Port Orchard issued a Programmatic SEPA Threshold Determination of Non-Significance (DNS) for the proposed 2009 Water System Plan. The City published the DNS on February 5, 2010, and received comments on the SEPA determination from the City of Bremetton. The comment period ended on February 19, 2010, and the appeal period ended on March 5, 2010. This Public Hearing meets the public participation phase of the Plan adoption process, as required by the Washington Growth Management Act (GMA) and the Revised Code of Washington (RCW). The next step in the adoption process is to incorporate and address comments received from the Public Hearing with the previous comments received. It is anticipated that once adopted, the 2009 Water System Plan will be incorporated into the 2010 Port Orchard Comprehensive Plan, scheduled for adoption in December 2010. Minutes of April13, 2010 Page 4 of12 Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at ?:37 p.m. B. Downtown Overlay District Design Review for Proposed Development at 710 Bay Street, FileNo. DRB 001-10 Development Director Weaver presented the staff report, noting on March 2, 2010, Rudolf Swenson submitted a building permit application for a fa<;ade improvement for his property at 710 Bay Street. The fa<;ade improvement triggered the criteria per POMC Chapter 16.20, for review by the Design Review Board. The proposed fa<;ade improvements include brick materials, black wrought iron railings and fixtures, and arched windows with keystone rock surrounds. Additional revisions to the property include adding a second story to the existing single-story structure and revising the front fa<;ade that will update the building and allow more visibility to his business that specialized in custom jewelry. Part of the request that is before the City Council is to remove a portion of the City-owned fa<;ade that is located directly in front of the applicant's structure as well as the request to have a cantilevered section of the new second story, overhang the sidewalk by three feet with a second floor bay window extending out another one foot. The applicant is not requesting to exceed the building height limit of thitty-nine feet that would require additional permitting and/ or amenities. After proper public notice of the public meeting as required in POMC Section 16.20.229, the applicant met with the Design Review Board (DRB) to review the proposal for conformance with POMC Sections 16.20.218-225. After deliberation and discussion, the DRB passed Resolution No. DRB-001-010 by issuing the following statement "NOW, THEREFORE, BE IT RESOLVED that the Design Review Board of the City of Port Orchard hereby recommends to the City Council that the project DRB-oo1-10, located at 710 Bay Street should be approved as submitted". It should be noted by the City Council that no revisions or conditions were attached to the DRB resolution and the DRB members voted unanimously to support the design. 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 patte 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 Minutes of April13, 2010 Page 5 of12 audience felt any of the Councilmembers should not participate in the hearing. There was no response from any audience member. Mayor Coppola opened the Public Hearing at ?:41 p.m. Ron Rider spoke in favor of the proposed development for 710 Bay Street. Jerry Harmon requested that the Design Review Board meeting notices be published in order for the general public to be involved in the process. Rudy Swenson presented an overview of his proposed development, indicating the following: • The back courtyard area would be enclosed for usable work space; • Redesign the entire inside ofthe store, except the lavatories and kitchen area; • In the back will be a "dirty room" complete with ventilation hoods for gas fumes from melting wax and dust collectors; • Incorporate a "buffing room" to include ventilation, intake, exhaust, and bagged to keep the dust and odors from entering into the shop atmosphere; • Kitchen to be updated with basic reheating; • Bathroom will be completely renovated; • Will include three workstations with a laser operation for customers to see their work being done; • Approximately 1,200 square foot show case room, with an encased show wall; • The City would need to remove an upright post that is rotten and remove the marquee; • Front of the showroom 'Nil! be decorative with large tile, the ceiling will encompass an old antique style, and a water feature will be incorporated at the base of the stairwell; • Upstairs will have bay windows and a "gem room," which will have natural lighting; and • There will now be a large automatic door. Gil Michael thanked Mr. Swanson for his efforts in his proposed design; however he recommended that the City look into the requirements of allowing the overhang of the proposed structure onto the City's right-of-way, as well has how the removal of a portion of the Marquee would be handled. There being no further testimony, Mayor Coppola closed the Public Hearing at 8:13p.m. At 8:25p.m. Mayor Coppola reconvened the meeting after a twelve-minute recess. Minutes of Aplil13, 2010 Page 6 of12 4· C. Approval of Public Event Application: Port Orchard Farmers Market In response to Councilmember Olin, Clerk Kirkpatrick will reconfigure the cost of the event and make sure the applicant paid the correct licensing fees. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to approve the public event application: Port Orchard Farmers Market with the amount of $390. Upon vote, the motion passed unanimously. Councilmember Powers was absent. 7. BUSINESS ITEMS A. Approval of the March 23, 2010, Council Meeting Minutes Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to approve the March 23, 2010, Council meeting minutes. Upon vote, the motion passed unanimously. Councilmember Powers was absent. Councilmember Childs abstained. B. Adoption of Resolution No. 019-10, Authorizing the Purchasing of a 2010Vehicle from the Storm Drainage Utility Fund Public Works Director Dorsey stated he would like Council to move this item to the April 27, 2010, Council meeting as no bids were received and staff had extended the bid deadline. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to postpone the purchase of a 2010 Vehicle from the Storm Drainage Utility Fund to the April 27, 2010, Council meeting. Upon vote, the motion passed unanimously. Councilmember Powers was absent. C. Adoption of Ordinance No. 005-10, 2009 Water System Plan Public Works Director Dorsey presented the staff report, noting the Growth Management Act (GMA) requires that each city that plans under the GMA must periodically review, and, if needed, revise its capital facilities plans to ensure compliance with the Growth Management Act. The City of Port Orchard's Water System Plan was developed in consideration of the goals of the GMA for the development of local capital facilities plans, and reflects a careful balancing of these goals within the local conditions of the City of Port Orchard. This update and amendments were developed from and are consistent with the Pott Orchard Comprehensive Plan. The 2009 Water System Plan was prepared by Public Works staff and PACE Engineers, Inc. Minutes of April13, 2010 Page 7 of12 On February 5, 2010 the City of Port Orchard issued a Programmatic SEPA Threshold Determination of Non-Significance (DNS) for the proposed 2009 Water System Plan. The City published the DNS on Februaty 5, 2010 and received comments on the SEPA determination from the City of Breme1ton. The comment period ended on February 19, 2010 and the appeal period ended on March 5, 2010. A public hearing was conducted by the City Council earlier this evening. It is anticipated that once adopted, the 2009 Water System Plan will be incorporated into the 2010 Port Orchard Comprehensive Plan, scheduled for December 2010. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve Ordinance No. 005-10, thereby adopting the 2009 Water System Plan. Upon vote, the motion passed unanimously. Councilmember Powers was absent. D. Adoption of Resolution No. 020-10, Approving the Design Review Board's Recommendation for Proposed Development at 710 Bay Street, File No. DRB001-10 Development Director Weaver presented the staff report, noting on March 2, 2010, Rudolf Swenson submitted a Building Permit application for a Fa<;ade improvement for his property at 710 Bay Street. The fa<;ade improvement triggered the criteria per POMC Chapter 16.20 for review by the Design Review Board. Generally, building permits do not require public hearings. After proper public notice, as required in POMC Section 16.20, a public hearing was conducted on April 13th regarding the building permit application for the property, located at 710 Bay Street, and approved via the Design Review Board Resolution No. DRB-001-010. The Design Review Board recommendation included the following statement "NOW, THEREFORE, BE IT RESOLVED that the Design Review Board of the City of Port Orchard hereby recommends to the City Council that the project DRB-oo1-10, located at 710 Bay Street should be approved as submitted". It should be noted by the City Council that no revisions or conditions were attached to the DRB resolution. The DRB members voted unanimously to support the design. Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 020-10, approving the Design Review Board's Recommendations for Proposed Development at 710 Bay Street, File No. DRB 001-10. Councilmember Clauson recommended that staff and the City Attorney determine who has the easement rights to the sidewalk in front of the building prior to approving this item. Minutes of April13, 2010 Page 8 of12 Councilmember Olin MOVED and Councilmember Colebank seconded the motion to postpone the adoption of Resolution No. 020-10, approving the Design Review Board's recommendations for proposed development at 710 Bay Street, File No. DRB 001-10, to the May 11, 2010, Council meeting. Upon vote, the motion passed unanimously. Councilmember Powers was absent. E. Approval of Contract No. C021-10, Authorizing the Mayor to Execute a Memorandum of Agreement between the City of Port Orchard, the City of Bremerton, and the Port of Bremerton for Festival Foot Ferry Services City Clerk Kirkpatrick presented the staff report, noting during the 2010 Budget cycle, the Council approved use of Hotel/Motel Tax Funds to be used towards extended hours of operation for foot ferry service for Festivals occurring on Sunday or during a Holiday weekend. The City Clerk negotiated a partnership and subsequent agreement with the City of Bremerton and the Port of Bremerton to equally split the costs of operating the foot ferry during these Festivals. The attached Memorandum of Agreement outlines the terms and conditions as to the responsible parties for payment of the foot ferry services and number of operating hours on an hourly rate of $146.25 per event day. In addition, Kitsap Harbor Tours will charge the normal fare of $2 each way for children over the age of five (5) and adults and will reduce the amount due by the amount collected. This agreement has been reviewed by the City Attorney and is similar to the agreement signed in 2009 by all three parties. 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 adopt Contract No. Co21-10, authorizing the Mayor to execute a Memorandum of Agreement between the City of Port Orchard, the City of Bremerton, and the Port of Bremerton for festival foot ferry services. Upon vote, the motion passed unanimously. Councilmember Clauson was recused. Councilmember Powers was absent. F. Approval of Contract No. C022-10, Authorizing the Mayor to Execute an Agreement with BHC Consultants for the Bay Street Pump Station Upgrade Pre-Design Report Public Works Director Dorsey presented the staff repo1t, noting BHC Consultants, LLC are listed on the City of Port Orchard 2010 Professional Services Roster and are currently under contract with the City to prepare the Tremont Street Widening Sanitary Sewer Design, developed in conjunction with the recommendations outlined in the 2009 Sanitary Sewer Comprehensive Plan Update (also prepared by BHC Consultants.) Given their extensive knowledge of the City's sanitary sewer system, the Public Works Department has Minutes of April13, 2010 Page 9 of12 selected BHC Consultants, LLC to prepare the Bay Street Pump Station Upgrade Pre- Design Repott. The pre-design report scope and budget provided will identify issues and evaluate alternatives to select the preferred alternative for the Bay Street Pump Station Upgrade project. Primary tasks include Project Initiation, Field Survey, Geotechnical Exploration, Electrical/Instrumental & Controls, Evaluation of Alternatives, Pre-Design Repott and Project Management. The total estimated cost for the tasks listed above is $ss,Soo, which is within the 2010 budgeted amount of $s8,ooo. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to execute Contract No. C022-10, with BHC Consultants, LLC in an amount not to exceed $55,8oo, for the Bay Street Pump Station Upgrade Pre-Design Report, with 2010 budgeted funds from Water Sewer Capital Outlay. Upon vote, the motion passed unanimously. Councilmember Powers was absent. G. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Blueberry Road Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on March 16, 2010, to annex 57 parcels totaling approximately 49 acres. The parcels are located south of Blueberry Road, west of Bethel Road, and north and east of the City's existing boundary, in that Portion of Section 2, Township 23 Notth, Range 1 East, Willamette Meridian, In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. Four parcels have a County Comprehensive Plan designation of Urban High-Intensity Commercial/Mixed Use with zoning of Highway/Tourist Commercial, three parcels have a County Comprehensive Plan Designation of Urban Restricted with zoning of Urban Low Residential, and the remaining so parcels have a County Comprehensive Plan Designation of Urban Low-Density Residential with zoning of Urban Low Residential. 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. The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By accepting a notice of intent to annex, the Council is not committing itself to annex if/when a sufficient petition is presented to it. The decision to accept merely allows the annexation to go forward procedurally and allows a petition to be circulated. Councilmember Clauson 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 Minutes of April13, 2010 Page 10 of 12 of existing City indebtedness by the area to be annexed. Upon vote, the motion passed unanimously. Councilmember Powers was absent. H. Authorizing Pet License Exemption to Have More Than Three Licensed Animals City Clerk Kirkpatrick presented the staff report, noting On March, 29, 2010, the City Clerk's office received a request for a pet license variance from Mr. and Mrs. Stefen Burlew to have their five pets licensed within the City. The Burlew's recently moved to Port Orchard from Tennessee where animals were not required to be licensed. However, the Burlew's want to be good citizens and are asking for a variance for their remaining two pets. Three of the five animals have been spayed and/or neutered -one cat and two dogs, and licenses have been issued. The remaining two pets are indoor cats and they have also been spayed andjor neutered. 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 or a combination thereof, at a single- family residence inside City limits. At its January 26, 2010, meeting the Council granted a pet license variance for four dogs to a Ms. Leslie Hassett, with the understanding that as the number of pets reduce the variance goes away as well. Councilmember Colebank MOVED and Councilmember Chang seconded the motion to authorize the City Clerk to grant a pet license variance to Mr. and Mrs. Stefen Burlew for their two indoor cats and for them to comply with all other regulations and licensing requirements of Port Orchard Municipal Code Title 7· Upon vote, the motion passed unanimously. Councilmember Powers was absent. 8. CITIZENS COMMENTS In response to Art Mikelson, Public Works Director Dorsey stated the Tremont Widening Project is now at 95% plan specifications estimates. In response to Jerry Harmon, Development Director Weaver stated this is the first application received under the new code and the Planning Department will use this application as a tool to regulate the process and to ensure that all the requirements are being met; however, he noted that a full design is not required to be provided for approval. 9· COMMITTEE REPORTS Councilmember Colebank repOtted he attended the Kitsap Regional Coordinating Council meeting of which they directed the Transportation Policy Board to set their priorities should their fund become available they will be ready; attended the Puget Sound Regional Council (PSRC) TranspOttation Policy Board meeting where they authorized changes to the Project Minutes of April13, 2010 Page 11 of 12 Tracking Policies for the PSRC federal funds and briefed on Electric Vehicle Infrastructure; and he attended the Peninsula Regional Transportation Planning Organizing meeting where presentations on US 101, the Deer Park Project, and Puget Sound Catastrophic Project were given. Councilmember Putaansuu announced the Utilities Committee would meet on Thursday, April 14, 2010, at 7:30 a.m. at Myhre's, to discuss sewer rates, which should be ready to bring to the May's Work Study Session; and thanked Progressive Landscaping for their work done on the Etta Turner Park. Councilmember Childs announced the Tourism Committee would meet on March 10, 2010, at 5:30 p.m. at City Hall; and thanked Marsha Hestad for putting in new plants at her own expense to maintain the Flag Pole Triangle by City Hall. Councilmember Olin announced the Public Property didn't meet this morning as there were no outstanding issues. Councilmember Clauson repmted the Finance Committee would meet on April 23, 2010, at 7:30a.m. at Myhre's. 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended ribbon cutting ceremonies for the Delilah's Cozy Kitchin expansion, Keller House for Kitsap Mental Health services; and the PSNS new quarters; • Met with Gary Bozeman regarding the boardwalk expansion; • Met with Fire Chief Senter and Police Chief Townsend regarding CENCOM; • Attend Kitsap Economic Development Alliance meeting; • Met with President of Safe Boats regarding boat launch; • Met with Olympic College regarding expanding into port orchard; • Met with Senator Murray regarding money for parking garage; • Met with Larry Stokes regarding parking downtown; • Attended the Port Orchard Chamber of Commerce's Post Legislative Reception; • Met with Economic Developer on a project that has been in the works for over the last year and half; • Met with another company possibly doing business in the City; • Met with Jim Boldt regarding fiber optic project; and • Met with KRCC regarding revenue sharing agreement. Minutes of Apri113, 2010 Page 12 of 12 11. REPORT OF DEPARTMENT DIRECfORS Public Works Director Dorsey repo1ted that the Tremont right-of-way acquisitions are under way; the Seawall wall project is out for bid and the contract will come before the Council in May; and the contract has resumed drilling on Well No. 11. Development Director Weaver reported that another annexation regard ing the Annapolis rental home and pier wi ll be coming forward within a few weeks; the City has rece ived proposals regarding the McCormick Woods Parks and will be interviewing the firms shortly; and on April 14, 2010, the Kickoff meeting regarding the layout design of the McCormick Woods park will be held at City Hall .at 7:00 p.m. City Attorney Jacoby noted the two ball field leases have been added to the April 20, 2010, Work Study Session for Council discussion. City Clerk Kirkpatrick announced the Chamber of Commerce's Community Affairs meeting will be held on Apri114, 2010, at 7:30 at City Hall, with the Fire Chiefs from Port Orchard and Bremerton who will talk about the potential merger of the two Fire Districts. 13. ADJOURNMENT Coppola adjourned the meeting.