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05/24/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of May 24, 2011 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Fred Chang, Jerry Childs, 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. Excused: Mayor Pro-Tem Clauson and Councilmember Putaansuu A. Pledge of Allegiance Fred Karakas led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Fred Karakas asked the Council for assistance in working with the Kitsap County Assessor in regards to his reassessment of commercial properties within the City and to bring them back in line with where they should be; noting this was a detriment to the City as sales tax revenues continue to decline and this may push even more businesses out of the area. Mayor Coppola stated he would explore some options; and directed this item be added to the next meeting agenda and to invite Mr. Avery to the meeting to directly answer citizen concerns. 3.APPROVALOFAGENDA The following items were removed from the Consent Agenda and placed under Business Items: • Approval of Public Event Applications: South Kitsap High School Mock D UI Event -WaterfrontArtwalk Councilmember Olin MOVED and Councilmember Childs seconded the motion to approve the Agenda as amended. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. Councilmember Colebank MOVED and Councilmember Olin seconded the motion to excuse Councilmember Putaansuu from the meeting. Upon vote, the Minutes of May 24,2011 Page 2 of 11 motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 55595 through 55666 in the amount of $173,114.64 B. Approval of the May 10, 2011, Council Meeting Minutes C. t ... ppFoval of Public &;ent :l\pplieations: South Kitsap High School Mock DUI &.rent VVatefiront f...rtvl·alk Councilmember Chang MOVED and Councilmember Childs seconded the motion approving the Consent Agenda, as amended. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. 5· PRESENTATION A. Presentation: South Kitsap Fire and Rescue Update to the City Deputy Fire Chief Steve Wright of the South Kitsap Fire & Rescue (SKFR) presented a brief report on the progress being made relating to consolidation with the Bremerton Fire Department. He noted for the last six months the City of Bremerton and South Kitsap Fire and Rescue have been involved in a study regarding the feasibility of consolidation into a Regional Fire Authority; and the work plan is now complete. They are ready to meet with the general public to discuss the consolidation with a meeting to be held on June 7, 2011, at 6 p.m. at the Givens Center, and a meeting on June 9, 2011, at 6:oop.m. at the Norm Dicks Government Center. Should the comment periods be successful this item would go before the voters in November. In response to Councilmember Chang, Deputy Fire Chief Wright stated that should the voters not approve a Regional Fire Authority, the current agencies would remain the same. In response to Councilmember Olin, Deputy Fire Chief Wright stated initially in 2007 there were three fire districts involved in this consolidation process. However, it became difficult to coordinate consolidation with the three entities and it was agreed that South Kitsap and the City of Bremerton would work through the process first. 6. PUBLIC HEARING A. Changing to Non-Charter Code City, Mayor/Council form of Government Under Title 35A RCW City Attorney Jacoby presented the staff report, noting at several prior meetings, the City Council has considered the question of whether to reclassify the City of Port Orchard as a Minutes of May 24,2011 Page 3 of11 non-charter code city governed by Title 3sA RCW rather than continue as a second class city governed by Title 35 RCW. A representative from the Municipal Research and Services Center attended the April Work Study Session and provided the City Council with a summary of the differences between a non-charter code city and a second class city. The process for reclassification was also discussed. At the request of the City Council, public hearings were noticed for May 10, 2011, May 17, 2011, and this evening so that the public would have an opportunity to provide comments regarding the proposed action. Mayor Coppola opened the Public Hearing at 7:25 p.m. Nick Whittleton inquired as to what the change to a Code City will cost the citizens and the financial impact on the City in the short term and/or long term. City Attorney Jacoby responded that this would have a legal significance, and he did not believe there would be any significant financial impact to the way the City operates. Gil Michael encouraged the Council to put this item before the voters at an upcoming election. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:30 p.m. B. Assignment of Lease to Bruce Titus Ford City Attorney Jacoby presented the staff report, noting on Friday, April 15, 2011, Mr. Quisenberry requested the City sign an Assignment of Lease, as he was closing the sale of his business to Bruce Titus Ford on Monday, April18, 2011. After a review of the contract, it was determined that there were some concerns and the Council directed the City Attorney to work with the attorneys for Mr. Quisenberry and Mr. Titus; and then bring back to a future Council meeting. Because the lease land terminates in the waterfront or navigable waters, RCW 35.23.410-420 required the City to publish notice of the proposed lease at least fifteen (15) days prior to the execution of the lease. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:32 p.m. C. Annexation of Sidney Road Property, LLC; File No. A-28-11 Development Director Weaver presented the staff report, noting Brent Bishop, Manager for Sidney Road Property LLC submitted a Petition for Annexation to annex one parcel (Tax Parcel No. 102301-1-004-2000) of approximately g.67 acres in size. This property was incorporated into the City's Urban Growth Area (UGA) by Kitsap County as part of the 10- year update of their Comprehensive Plan in December 2006. It is designated Urban High- Intensity Commercial/Mixed Use in the County's Comprehensive Plan with a zoning designation of Highway/Tourist Commercial. This parcel is undeveloped land, the last Minutes of May 24, 2011 Page 4 of11 remaining parcel in this portion of the UGA. The adjoining land to the south, Sedgwick Landing, was annexed in 2007. Adjacent property to the east was annexed also annexed in 2007 (Brown-Rice-Kruger and Tallman annexations). Property to the south and east within the City limits is zoned Commercial. Property to the north and west within Kitsap County is zoned Rural Protected. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2008, adoption of the 2008 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary but outside incorporated City limits. The Land Use Element of the City's Comprehensive Plan provides goals and policies for the Commercial-Retail Office zoning. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:33 p.m. 7· BUSINESS ITEMS A. Adoption of Resolution No. 014-11, Declaring the Intent of the City Council to Adopt the Classification of Non-Charter Code City and to be Governed by the Provisions of Title 35A, Revised Code ofWashington City Attorney Jacoby presented the staff report, noting Resolution No. 014-11, is the first formal step in the process of reclassifying the City of Port Orchard as a non-charter code city governed by Title 3sA RCW rather than continuing as a second class city under Title 35 RCW. Reclassifying the City as a non-charter code city will not change the City's plan of government, which will remain a mayor -council form of government. Upon passage of the Resolution, the City Clerk will publish the Resolution at least once in the City's newspaper of record not later than ten (10) days after passage. Publication of the Resolution triggers a go-day referendum period. During that time, a referendum petition may be circulated to and signed by qualified electors. If a referendum petition is signed by qualified electors in number equal to not less than ten percent (10%) of the votes cast in the last general municipal election, then the Resolution of Intent will be referred to the voters for approval or disapproval at the next general municipal election. If a timely and sufficient referendum petition is not filed by the end of the go-day referendum period, then the City Council, at its next regular meeting, shall pass an ordinance adopting the classification of non-charter code city. The reclassification will take effect five (5) days after publication of the ordinance and upon filing a certified copy of the ordinance with the Secretary of State. Councilmember Childs MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 014-11, declaring the intent of the City Council to adopt the classification of non-charter code city and to be governed by Title 35A RCW. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. Minutes of May 24, 2011 Page 5 of11 B. Approval of Assignment of Lease to Contract No. 017-08, Authorizing the Mayor to Execute an Agreement with Quisenberry Bay Ford and Bruce Titus Ford City Attorney Jacoby presented the staff report, noting on Friday, April 15, 2011, Mr. Quisenberry requested the City sign an Assignment of Lease, as he was closing sale of his business on Monday, April 18, 2011. On April 19, 2011, at a Special Meeting, the Council came to a consensus that the Assignment of Lease would not interfere with the business transaction; and that the City Attorney and Ron Coleman, Mr. Titus's Attorney, should negotiate the terms of the Lease Assignment. The attached assignment of lease is a result of these negotiations, and has been reviewed and approved by Mr. Quisenberry and Mr. Titus' legal counsel. This Council action may be subject to the requirements of RCW 35.23.410. This statute requires a vote of two-thirds of the Council is required to approve a lease of a street end on waterfront. The statute also requires the "written consent of all the property owners whose properties abut upon the portion proposed to be leased." Because this is an assignment of a prior lease, it is unclear that the consent of the adjacent property owners is required; however, City Staff did seek and receive consent from adjacent property owners. Councilmember Childs expressed his concern that this action would not interfere with the Bay Street Pedestrian Trail Pathway. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to approve the Assignment of Lease to Contract No. 017-08, authorizing the Mayor to execute an agreement with Quisenberry Property Management Company, Inc., a Washington general partnership and Bruce Titus Ford, Inc. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. C. Adoption of Ordinance No. 006-11, Approving the Annexation Request for Sidney Road Property, LLC; File No. A-28-11 Development Director Weaver presented the staff report, noting a public hearing was conducted earlier this evening regarding Ordinance No. 006-11, for the annexation of one parcel, which totals approximately g.67 acres, located at 5230 Sidney Road SW, adjacent to and west of Sidney Road SW, and north of SW Sedgwick Road, within Sections 10, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, (Tax Parcel No. 102301-1-004-2000). With approval of this ordinance, this property will have interim City of Port Orchard Comprehensive Plan designation of Commercial -Retail Office and Commercial, to become effective upon annexation. Minutes of May 24, 2011 Page 6 of11 Councilmember Colebank MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. 006-11, approving the Sidney Road Property, LLC annexation request of one parcel that totals approximately 9.67 acres, and the assumption of City indebtedness by the area to be annexed upon annexation. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. D. Approval of Contract No. 046-11, Authorizing the Mayor to Execute an Agreement for On-Call Materials Testing with Krazan & Associates, Inc. Public Works Director Dorsey presented the staff report, noting Public Works is planning on construction of at least one project this year. As part of these projects, some construction and materials testing will need to be performed, including compaction testing and density testing of asphalt. On May 10, 2011, a request for proposals was sent to three firms to perform these testing services: Krazan & Associates, Inc., GeoEngineers, Inc., and Materials Testing and Consulting, Inc. Proposals were due to Public Works on May 17, 2011. One firm submitted their request for proposals, Krazan & Associates, Inc. Additionally, to maximize staff efficiencies going forward, the proposal included an option on the City's behalf of a one-year extension prior to contract expiration. Councilmember Powers MOVED and Councilmember Colebank seconded the motion to approve Contract No. 046-11, authorizing the Mayor to execute an agreement with Krazan & Associates, Inc. for On-Call Construction/Materials Testing for 2011 Projects in an amount not to exceed $20,000. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. E. Approval of Contract No. 047-11, Authorizing the Mayor to Execute Agreements for City Hall Telephone Services with Qwest City Clerk Kirkpatrick presented the staff report, noting Qwest has provided the City with three options to reduce its monthly phone service charges; in the following categories: Long Distance: Currently the City is paying .0630 cents per minute for intrastate (within Washington) long distance phone calls and .0603 for interstate (outside of Washington) and with Paetec the City is paying .0705 cents per minute for intrastate (within Washington) and .0704 per minute for interstate (out of Washington). Should the City enter into a 3-year contract with Qwest for long distance service the new rate would be .0510 per minute for intrastate and .0385 per minute for interstate. Minutes of May 24, 2011 Page 70f11 PRI-Direct In-Dial Phone Line: Currently, the City is in a 1-year contract with Qwest for our PRI lines, which provide extensions and direct phone numbers to our employees, until October 31, 2011, for a monthly service amount of $775. Should the City enter into a 3-year contract with Qwest, they will reduce the monthly service amount by $275 for a new monthly rate of $soo; and Qwest will waive the cancelation fee of $5,812.50 ($3,875 for the remainder of 5 months at $775/month and the so% penalty fee of $1,937.50). Line Volume Discount Plan: Currently, the City has 8 phone/fax service lines with Paetec at a monthly rate of $33.15 per line and 13lines with Qwest at a monthly rate of $29 per line. Should the City enter into a 3-year contract with Qwest they will take over the Paetec phone lines and reduce the monthly rate to $23.99 per line. This includes the original13 lines with Qwest, plus the 8 lines being moved from Paetec. Councilmember Colebank MOVED and Councilmember Olin seconded the motion to approve Contract No. 047-11, authorizing the Mayor to execute a three year contract for phone/fax lines, long distance services, and basic phone services with Qwest. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. F. Acceptance of Lodging Tax Advisory Committee's Special Funding Recommendation City Clerk Kirkpatrick presented the staff report, noting at the April 12, 2011, meeting, the Council moved to postpone this matter to the April 19, 2011, work study session meeting. During that meeting the Council discussed policy for how they would review and process recommendations from the Lodging Tax Advisory Committee and directed staff to place the matter on the May 17, 2011, work study session for further discussion. The Lodging Tax Advisory Committee met on March 23, 2011, to review the applications and to determine how best to accommodate those requests and their recommendations are as follows: Organization: Sidney Museum and Arts Association Cedar Cove Association Festival of Chimes and Lights Economic Development/Tourism Kitsap Peninsula Visitor/Convention Bureau Chamber of Commerce Port Orchard Bay Street Association Total Request $2,500 $5,110 $9,750 $5,000 $7,500 $4,800 $2,000 $36,660 Recommendation $2,500 -for historical/ state signage $2,ooo -for movie premier /wrap party promo $5,000 -for promotion and advertising $2,500 -for City specific brochure $5,000 -for continued promotion/ advertising $3,000 -for television, periodicals, marketing $2,000 -for walking maps $22,000 Minutes of May 24, 2011 Page 8 of11 The Committee agreed that the remaining balance of $8,040 would remain in reserves for future special funding requests. City Attorney Jacoby advised that the Council cannot set aside lodging tax revenues for future Council use. Councilmember Childs express concerns that the Council needs to discuss as a group of how the lodging tax funds should be disbursed in the best interests of the City before approving the Committee's recommendation. Councilmember Chang MOVED and Councilmember Olin seconded the motion to accept the Lodging Tax Advisory Committee's recommendation for distribution of special funding requests as follows: Sidney Museum and Arts Association in the amount of $2,500; Cedar Cove Association in the amount of $2,000; Festival of Chimes and Lights in the amount of $5,000; Economic Development/Tourism Committee in the amount of $2,500; Kitsap Peninsula Visitor and Convention Bureau in the amount of $5,ooo; Port Orchard Chamber of Commerce in the amount of $3,000; and Port Orchard Bay Street Association in the amount of $2,000, with the carryover balance of $8,040 to be held in reserves for future special funding requests. Councilmember Olin MOVED and Councilmember Chang seconded the motion to amend the Lodging Tax Advisory Committee's recommendation to increase the amount for the Festival of Chimes and Lights to $9,750; and reduce the carryover balance to $3,290. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to postpone the Lodging Tax Advisory Committee's recommendation discussion to the June 21, 2011, Council Work Study Session; and to be prepared for action at the June 28, 2011, Council meeting. Upon vote, the motion passed with three a.ffinnative votes and two dissenting votes. Councilmember Chang and Olin cast the dissenting votes. Councilmembers Clauson and Putaansuu were absent. G. Approval of a Temporary Vendor License and Lease of City Property to Snoop Dogs Hotdog Vendor City Clerk Kirkpatrick presented the staff report, noting the applicant, John Guerrero, submitted his application for a Temporary Vendor License on April 28, 2011. Staff routed the application to the City Departments, including the Fire Department, and their comments are attached. In addition, to requesting a Temporary Vendor License, Mr. Guerrero is requesting to utilize City property in front of the Foot Ferry Terminal. In the past two years, the City has rented this space to various hotdog vendors at a rate of $10 per Minutes of May 24, 2011 Page 9 of11 month. Mr. Guerrero is a former solder, honorably discharged, and RCW 73.04.060 states that the City cannot charge him for a temporary vendors permit. This matter was reviewed by the Public Property Committee on May 10, 2011, wherein they recommended the approval of the lease of space by the Foot Ferry Terminal at a monthly rate of $10. Councilmember Childs MOVED and Councilmember Olin seconded the motion to a authorize the City Clerk to issue a temporary vendors permit and to allow Snoop Dogs to operate a Hotdog Vending Cart in the grassy area at the entrance of the Foot Ferry Terminal and for the City Clerk to collect a monthly rent in the amount of $to. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. H. Approval of Public Event Application: Concerts by the Bay, South Kitsap High School Mock DUI Event, Waterfront Art-walk City Clerk Kirkpatrick presented the staff report, noting each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Concerts by the Bay have submitted their application for their public event to use a portion of the City's parking lot. City Departments, as well as the Fire Department, have reviewed the application and their comments and/ or recommendations will be provided prior to the City Council meeting. The Public Event application is not a new event; they have been granted permission to host their event on City parking lots for several years. In response to Councilmember Chang, Development Director Weaver stated that in 2012 his department will be updating the sign code. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to approve the public event application for Concerts by the Bay, Waterfront Art-walk, and Kitsap High School Mock DUI Event and allow them to hold their public event using a portion of the City's parking lot and/or streets. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. 8. CITIZENS COMMENTS Gerry Harmon expressed her concerns regarding the proposed increased water rates indicating that the biggest consumers, commercial accounts, are not being correctly charged for their amount of usage versus the residential user who doesn't use the same amount of water; and she urged the Council to reconsider their current water consumption schedule. Councilmember Childs suggested the Finance Committee look into the possibility of setting up or adopting a special fund/ grant to help residents who are in need of help with paying their utility bills. Minutes of May 24,2011 _Page 10 of 11 Mike Suldan expressed his concerns as to why his commercial property tax increased over 200%; and sought assistance from the City to help its business owners. Paul Davis, expressed his concerns with the increased commercial property rates; and encouraged the Council to research why the County dramatically increased commercial property taxes in this economy. Gil Michael encouraged the Council to address with Kitsap County the commercial property evaluations. 9· COMMIITEE REPORTS Councilmember Childs reported the Economic Development Tourism Committee will be held on Wednesday, June 15, 2011, at 5:30 p.m. at City Hall; and he was working with the Port of Bremerton regarding possible partnering to help fund Sunday foot ferry service during the summer months. 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended a meeting at the Port of Bremerton regarding Kitsap County possibly landing the Boeing 737 plant expansion project; • Met with Commissioner Robert Gelder regarding a number of mutual issues; • Met with a citizen regarding how they were treated by a court staff; • Met with Dick Hayes regarding the "Passenger on the Ferry" project; • Attended the ribbon cutting for Healthy Teeth Dental Care; • Attended Kitsap Economic Development Alliance Executive Committee meeting; • Met with Mayor Erickson of Poulsbo regarding Kitsap Transit issues; • Attended the Fiesta Ilocandia 2011 Celebration; • Attended the swearing-in of a Police Officer Schaibly; • Attending Kitsap Transit Board meeting; • Attended the Kitsap Emergency Management Board meeting; • Attended the Armed Forces Day luncheon; • Attended the Puget Sound Navel Association breakfast; • Participated in Miss West Sound candidate practice interview ; as she is planning to run for Miss Washington; • Attended the Port Orchard Bay Street Association meeting; • Attended the Puget Sound Regional Council Transportation 2040 project meeting; • Attended a ribbon cutting for the re-opening at Melinda's downtown; • Attended the Kitsap Regional Coordinating Council meeting; Minutes of May 24,2011 Page 11 of11 • Attended the Housing Authority Special meeting; and • Spoke with the Silverdale Incorporation Committee regarding the City Manager versus Strong Mayor form of government. 11. REPORT OF DEPARTMENT DIRECfORS Public Works Director Dorsey reported the Utility Committee meeting for June 3, 2011, has been canceled; and the Sewer Advisory Committee will be held on June 1, 2011, at 6:oop.m. Development Director Weaver provided an update regarding the McCormick Woods Park Entrance Kiosk indicating that staff is working closely with the South Kitsap School District and has provided building plans, site plan, layout, legal description, and a memorandum of understanding to the School Board for their consideration. 12. ADJOURNMENT At 8:47p.m. Mayor Coppola adjourned the meeting.