02/22/2011 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of February 22, 2011
1. CALLTOORDERANDROLLCALL
Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tem John Clauson
and Councilmembers Jerry Childs, Rob Putaansuu, 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: Councilmember Chang
A. Pledge of Allegiance
Bryce Baird led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Judd Turner stated he was available to answer any questions the Council may have in
relation to the Fathoms O'Fun public event applications.
3.APPROVALOFAGENDA
The following items were added to Business Items:
• Adoption of Resolution No. 008-11, Approving the Bethel Roundabout Being Named
in Honor of Niels Nielsen
• Adoption of Ordinance No. 002-11, Imposing a Moratorium on Accepting or
Processing Applications, Permits, or Licenses for any Building or Land Use Activity
Involving Medical Marijuana
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion to excuse Councilmember Chang from the February 22, 2011,
Council meeting. Upon vote, the motion passed unanimously.
Councilmember Chang was absent
Councilmember Colebank MOVED and Councilmember Olin seconded the
motion approving the Agenda, as amended. Upon vote, the motion passed
unanimously. Councilmember Chang was absent.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants Nos. 55093 through 55156 in the amount of $412,771.51
B. Approval of the February 8, 2011, Council Meeting Minutes
C. Approval of the February 12, 2011, Council Retreat Minutes
D. Approval of Public Event Applications:
-Fathom's O'Fun Grand Parade
-Fathom's O'Fun Summer Festival Craft Vendor Show
-Fathom's O'Fun Festival by the Bay
Council Meeting Minutes
February 22, 2011
Page 2 of7
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously. Councilmember Chang was absent.
5· PRESENTATION
A. Cookies and greetings from a Cross Point Academy student to City Council
Bryce Baird presented cookies and letters to the Council and Mayor, who was tasked by his
school, Cross Point Academy to present the cookies and letter to a local government entity
at a public meeting.
B. Requesting Council to Approve the Bethel Roundabout Being Named in
Honor of Niels Nielsen
Kristy Ewing, Port Orchard Rotarian, voiced her support of the resolution formally naming
the Bethel Roundabout in honor of Niels Nielsen, who was a long-time resident and active
member in the community.
C. Proclamation: Brain Injury Awareness Month
Mayor Coppola read the Brain Injury Awareness Month proclamation into the record and
presented the proclamation to Suzanne Griffin, who thanked the Council for their
continued support.
6. PUBLIC HEARING
A. BlackJack Terrace Utility Extension Agreement
Public Works Director Dorsey presented the staff report, noting this item pertains to a
Developer's Extension Agreement (hereafter "Agreement") pursuant to the Requirements
of POMC 13.04.030, 13.04.037, and 13.04.040(10)-(11). This is an after-the-fact request
by the Developer (Fingerson & Associates, LLC), the Developer's successor in interest
(SDC Homes), and the current property owners of real property located within the Plat of
Blackjack Terrace (hereafter "Plat"). The request is for approval of the extension of water
and sanitary sewer outside the City's corporate boundaries in accordance with the
requirements of the City's Code.
Council Meeting Minutes
February 22, 2011
Page3 of7
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public
Hearing at 7:19p.m.
7· BUSINESS ITEMS
A. Approval of Contract No. 032-11, Authorizing the Mayor to Execute the
Utility Extension Agreement with Fingarson & Associates, LLC and SDC
Homes, LLC for the Plat of Blackjack Terrace
Public Works Director Dorsey presented the staff report, noting this pertains to a
Developer's Extension Agreement (hereafter "Agreement") pursuant to the Requirements of
POMC 13.04.030, 13.04.037, and 13.04.040(10)-(11). This is an after-the-fact request by the
Developer (Fingerson & Associates, LLC), the Developer's successor in interest (SOC
Homes), and the current property owners of real property located within the Plat of
Blackjack Terrace (hereafter "Plat"). The request is for approval of the extension of water
and sanitary sewer outside the City's corporate boundaries in accordance with the
requirements of the City's code. The Plat is within the City's UGA and was approved by the
County. At this time there are several homes built and occupied within the Plat and the City
is currently providing sanitary sewer and water service to the Plat. It appears that during
the Preliminary Plat phase of this development, the City staff preliminarily approved the
extension of water and sanitary sewer, however no Agreement was ever finalized prior the
County providing final Plat approval. Because there was never an approved Agreement, City
staff has been charging the full "fees in lieu of assessment" (see POMC 13.04.035). These
fees are assessed at the time that Building Permits are submitted and reviewed, prior to
permit approval. To date, the City has received $42,488, as fees in lieu of assessment for
this Plat. Had the Developer gone through the proper process and received approval of an
extension Agreement, the Plat would have been exempted from the fees in lieu of
assessment. In early 2010, the Developer contacted the City and sought after-the-fact
approval of a utility extension agreement, and also sought reimbursement for the fees
previously paid. City staff has worked with the Developer and the Developer's successors-
in-interest to prepare a development agreement for the City Council to consider. The
proposed Developer's Extension Agreement is typical of most utility extension agreements
considered by Council and follows the City's standard form in most respects.
Councilmember Olin MOVED and Councilmember Clauson seconded the
motion to authorize the Mayor to execute the Utility Extension Agreement
between the City of Port Orchard and the Developer, being Fingerson &
Associates LLC and SDC Homes, LLC and the Owners for the Plat of Blackjack
Terrace. Upon vote, the motion passed unanimously. Councilmember Chang
was absent.
Council Meeting Minutes
February 22, 2011
Page4 of7
B. Approving Final Acceptance of Contract No. 026-10, with Henderson
Partners, LLC for the Bay Street Seawall Project
Public Works Director Dorsey presented the staff report, noting during the summer of 2010
the City hired Henderson Partners, LLC to perform construction on the Bay Street Seawall
Project. The Seawall Project was federally funded from the Federal Highway
Administration and only required a small match for funding from the City. Henderson
Partners completed construction in early July and in order to finish this project, the City
will need to accept the project and issue a letter of Final Acceptance to Henderson Partners
closing our project files.
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion to recommend that Council accept the Bay Street Seawall Project as
final and authorize the Mayor to sign the Final Acceptance Letter. Upon vote,
the motion passed unanimously. Councilmember Chang was absent.
C. Approval of Contract No. 033-11, Authorizing the Mayor to Execute an
Agreement with PACE Engineers, Inc. for Stormwater Mapping in the Right-
of-Way
Public Works Director Dorsey presented the staff report, noting in 2009, the City entered
into a grant agreement with the Department of Ecology for $5o,ooo, which must be spent
before June 30, 2011. With this money the City chose to map the stormwater system that
captures stormwater runoff water from roadways and various impervious areas within the
right of way for collection, conveyance, and water quality/quantity mitigation in
conjunction with the City's National Pollutant Discharge Elimination System (NPDES)
Phase II Permit. On January 25, 2011, the City issued a Request for Proposals to ten firms
with a submittal deadline of February 8, 2011. On February 8, 2011, the City received three
proposals back. Interviews were scheduled with the three firms, J.W. Morrissette &
Associates, Inc., PACE Engineers, Inc., and West Sound Engineering on February 14, 2011.
Councilwoman Powers and Staff performed the interviews and ranked the consultants.
PACE Engineers, Inc. scored the highest, with J.W. Morrissette & Associates, Inc. coming in
a close second, and West Sound Engineering in third.
Councilmember Powers MOVED and Councilmember Olin seconded the
motion to authorize the Mayor to sign Contract No. 033-11, with PACE
Engineers, Inc. to perform stormwater mapping in the right-of-way in
compliance with the City's NPDES Phase II Permit. Upon vote, the motion
passed unanimously. Councilmember Chang was absent.
Council Meeting Minutes
February 22, 2011
Page 5 of7
D. Adoption of Resolution No. oo8-11, Approving the Bethel Roundabout
Being Named in Honor of Niels Nielsen
After a brief discussion, the Council agreed that Mr. Nielsen had been a long-time resident
and Rotarian that it was fitting to name the roundabout after him. The Council thanked the
Port Orchard Rotary Club for their continued care of the roundabout; and Staff to create
policy and procedures for future naming of parks.
Councilmember Olin MOVED and Councilmember Powers seconded the
motion to adopt Resolution No. 008-11, approving the Bethel Roundabout
being named in honor of Niels Nielsen. Upon vote, the motion passed
unanimously. Councilmember Chang was absent.
E. Adoption of Ordinance No. 002-11, Imposing a Moratorium on Accepting or
Processing Applications, Permits, or Licenses for any Building or Land Use
Activity Involving Medical Marijuana
City Attorney Jacoby presented the staff report, noting at the City Council's work study
session on February 15, 2011, the City Attorney and the Chief of Police briefed the Council
on issues relating to medical marijuana, including the interest that one or more persons has
shown in opening a medical marijuana dispensary in downtown Port Orchard. Council
directed staff to bring back an ordinance for its consideration that would impose a
moratorium on accepting or processing applications, permits or licenses for any building or
land use activity involving medical marijuana. Should the Council adopt Ordinance No.
002-11, State law requires that the Council hold a public hearing within 6o-days. The
attached Ordinance proposes that such a hearing be noticed for and held on March 22,
2011. The Ordinance has been prepared as an emergency ordinance, which means that it
would be effective upon adoption rather than the usual 5 days after posting and publication.
Councilmember Olin MOVED and Councilmember Clauson seconded the
motion to adopt Ordinance No. 002-11 imposing a moratorium on accepting or
processing applications, permits, or licenses for any building or land use
activity involving medical marijuana. Upon vote, the motion passed
unanimously. Councilmember Chang was absent.
8. CITIZENS COMMENTS
Gerry Harmon requested that the Council keep in mind that someone needs to maintain
the future proposed landscaped divider on Tremont, noting that Bremerton's divider is
poorly maintained.
9· COMMITIEE REPORTS
Council Meeting Minutes
February 22, 2011
Page6of7
Councilmember Putaansuu reported the Sewer Advisory Committee was advised that the
low to head hydro project was very well received by PSE and they may be able to receive a
grant for approximately 70% of the funds; they received an ecology grant regarding taking
reclaimed water pipes to Veteran's Park, South Kitsap High School and possibly to the
Armory for irrigation; research complaints of odor issues at the JWWTF, noting the
digesters weren't containing the odor and the cost to cover them with domes would be
approximately $2oo,ooo per cover, of which they needed two; reviewed the capital facilities
plan for the water system, noting that realistically it won't happen within the next 6 years or
that the rates will sustain the same.
Councilmember Childs reported the Jingle Bell Run event planning is underway; attended
the West Sound Business Expo and received a lot of feedback indicated the City has a lot of
admirers; and the next Economic Development Tourism Committee will be held on
Wednesday, March 9, 2011, at 5:30p.m. at City Hall.
10. MAYOR'S REPORT
The Mayor Coppola reported on the following:
• Met with Sheila Cline regarding the Jingle Bell Run event;
• Met with Councilmember Childs, the City Clerk, and IT Manager Tucker regarding
redesign of the City's website;
• Met with Billie Gurnsey regarding an effort to obtain a YMCA in the City;
• Attended the A WC Legislative Conference;
• Met with several legislators regarding ferry issues;
• Met with our lobbyist regarding the parking garage funding;
• Attended the West Sound Business Expo;
• Attended the Kitsap Transit Board meeting;
• Met with the Port of Bremerton Commissioners regarding a waterfront plan;
• Participated in a teleconference with our lobbyist;
• Met with Public Works Director and Planning Director regarding the use of REET
money;
• Attended the Port Orchard Chamber Luncheon;
• Attended the quarterly dinner with other local Mayors;
• Met with Senator Kilmer regarding the parking garage funding;
• Met with Representative Seaquist and Representative Dunshee; and
• Met with Warren VanZee regarding Dispute Resolution Center's annual report.
11. REPORT OF DEPARTMENT DIRECfORS
Council Meeting Minutes
February 22, 2011
Page 70f7
Development Director Weaver reported the petitions for the Bethel Corridor has been sent
out; and staff will be compiling the collected signatures.
City Clerk Kirkpatrick announced the Chamber of Commerce Legislative Committee
meeting is being held on February 23, 2011, at 7:30 a.m. at City Hall, and Representatives
Seaquist would be their guest.
Public Works Director Dorsey reported he has met with the consultant regarding the Bay
Street Pedestrian Pathway project and things are moving forward, of which a new proposal
will be presented at the March 15, 2011, Council Work Study Session; the Tremont
Widening project is at 67% complete in relation to the acquisitions; and staff has received a
proposal from Mr. Stan Palmer regarding the left turn lane on Tremont, of which will be
provided to the Council at a future meeting.
12. ADJOURNMENT