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01/24/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 24, 2012 1. CALLTOORDERANDROLLCALL Mayor Tim Matthes called the meeting to order at TOO p.m. Councilrnernbers Fred Chang, John Clauson, Rob Putaansuu, Carolyn Power, Jim Colebank, and Cindy Lucarelli, were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, City Treasurer Martin, Development Director Weaver, Deputy City Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Mayor Pro-Tern Childs A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Brett Cihon, Port Orchard Independent Reporter, reintroduced himself to the Council and encouraged the Council, staff, and listening audience to contact him regarding story ideas, comments, or corrections to printed stories that impact the South Kitsap area. 3· APPROVALOFAGENDA The following item was added to the Agenda under Business Items: • The excusal of Councilrnernber Childs Councilmember Putaansuu MOVED and Councilmember Colebank seconded the n1otion approving the Agenda as amended. Upon vote, the motion passed unanimously. Councilmember Childs was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 56985 through 57054 m the amount of $729,101.81 B. Approval of the January 10, 2012, Council Meeting Minutes C. Approval of Public Event Application: Saints Car Club -"The Cruz" D. Approval of Public Event Application: Cub Scout Day Camp Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Childs was absent. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Amendments to McCormick West Annexation Minutes of January 24, 2012 Pa e 2 of6 Development Director Weaver presented the staff report, noting the Port Orchard City Council approved the Annexation of McCormick West, via Ordinance No. 018-11, on October 13, 2011. The request was to revise Ordinance No. 018-11, to remove two City owned parcels from the McCormick West Annexation. RCW 35.13.15 allows the Council to remove parcels from a proposed annexation area. The proposed amendment would remove tax parcel numbers: 072301-1-006-2003 and 082301-2-001-2005 from the proposed annexation area. The remaining acreage would be 604.13. This proposal would allow the remaining portions of the annexation area to move forward. Mayor Matthes opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:10p.m. 7· BUSINESS ITEMS A. Adoption of Ordinance No. 001-12, Repealing Resolution No. 041-10, and Amending Port Orchard Municipal Code Chapter 10.12, and Establishing Regulations and Fees Related to Parking, Stopping or Standing in Certain Areas of the City Public Works Director Dorsey presented the staff report, noting this was a continuation of the August 23, 2011, Regular Council Meeting, which was subsequently remanded to the Public Properties Committee for further discussion. This was a housekeeping measure and his staff worked closely with Parking Enforcement staff, and the City's Public Works Department inventoried all existing signage, researched past sign-related land-use issues and complied corrections, revisions and/or modifications to the current Resolution No. 041-10. The Ordinance would codify parking regulations, which would allow the public full access to the various parking restrictions within City limits. Councilmember Powers MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 001-12, repealing Resolution No. 041-10, and amending Chapter 10.12 to establish regulations and fees related to Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City Attorney. Upon vote, the motion passed unanimously. Councilmember Childs was absent. Minutes of January 24, 2012 Pa e 3 of 6 B. Adoption of Ordinance No. 002-12, Amending/Repealing Ordinance No. 018-11, McCormick West Annexation Development Director Weaver presented the staff report, noting the Public Hearing was conducted earlier regarding the proposed Ordinance No. 002-12, amending City Council Ordinance No. 018-11. RCW 35.13.15 allows the Council to remove parcels from a proposed annexation area. The proposed amendment would remove tax parcel numbers: 072301-1- 006-2003 and 082301-2-001-2005, which are City-owned parcels. The remaining acreage would be 604.13. This proposal would allow the remaining portions of the annexation area to move forward. Councilmember Lucarelli MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 002-12 amending Ordinance No. 018-11. Upon vote, the motion passed unanimously. Councilmember Childs was absent. C. Adoption of Resolution No. 002-12, Repealing Resolution No. oo8-1o, and Reestablishing Council Committee Assignments and Rules City Clerk Kirkpatrick presented the staff report, noting the Council discussed reorganization of Council Committees during their January 17, 2012, Work Study Session, with the Committee assignments set forth in Resolution No. 002-12, for the following Committees: Finance (continue to investigate and recommend policy on the subject and issues that have been historically assigned to this committee); Utilities (continue to investigate and recommend policy on the subject and issues that have been historically assigned to this committee); Sewer Advisory Committee (continue to serve as the City's representatives in conjunction with West Sound Utility District Commissioners); Public Property (continue to investigate and recommend policy on the subject and issues that have been historically assigned to this committee); Economic Development/Tourism (includes Festival of Chimes and Lights, and investigates and recommends policy on the subject and issues that have been historically assigned to this committee); and Lodging Tax Advisory Committee (continue to review applications for funding and recommendations; and to recommend policy on the subject and issues that have been historically assigned to this committee). Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to adopt Resolution No. 002-12, repealing Resolution No. 008-10, and reestablishing the Council Committees assignments and rules. Upon vote, the motion passed unanimously. Councilmember Childs was absent. Minutes of January 24, 2012 Pa e 4 of 6 D. Approval of Contract No. 021-12, Authorizing the Mayor to Execute an Agreement with Calm River Demographics for Population Census Survey for Bethel Annexation Development Director Weaver presented the staff report, noting the Washington State Office of Financial Management requires, per RCW 35.13.260, an annexation certification and a population census survey within 30 days of annexation. The Bethel North annexation includes 462 parcels totaling 569.36 acres, which the department was unable to accommodate due to the annexation size and limited staff and still meet the required timeframe. The Office of Financial Management provided two contractors who were asked to submit a bid for the scope of the work. Calm River Demographics submitted a proposed bid in the amount of$ 7,217. Councilmember Lucarelli MOVED and Councilmember Clauson seconded the motion to approve Contract No. 021-12, authorizing the Mayor to sign an agreement with Calm River Demographics in an amount not to exceed$ 7,217. Upon vote, the motion passed unanimously. Councilmember Childs was absent. City Treasurer Martin joined the Council meeting at 7:36 p.m. E. Excusal of Councilmember Childs Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to excuse Councilmember Childs from the Council meeting. Upon vote, the motion passed unanimously. Councilmember Childs was absent. 8. COMMITIEE REPORTS Councilmember Clauson reported the next Finance Committee was scheduled for January 31, 2012, at 7:30 a.m. at MoonDogs. Councilmember Lucarelli reported the Economic Development/Tourism Committee would meet on February 15, 2012, at 5:30 p.m. at City Hall; and she had called a special Committee meeting for February 3, 2012, at 1:15 p.m. at City Hall to discuss a possible public event application regarding the Port Orchard Wedding Walle Councilmember Putaansuu reported the Utilities Committee was scheduled to meet on February 17, 2012, at 7:30 a.m. at the Family Pancake House; and the Sewer Advisory Committee would meet on February 15, 2012 at 6:30p.m. at City Hall. Councilmember Powers reported the Public Property Committee was scheduled to meet on February 14, 2012, at T30 a.m. at MoonDogs. Minutes of January 24, 2012 Pa e 5 of 6 Councilmember Colebank attended the Puget Sound Regional Coordinating (PSRC) Council Transportation Policy Board meeting where discussion centered on their legislative recommendations, and remanded the 2012 Project Selection Process to the PSRC's task force; he attended the Kitsap Regional Coordinating Council where discussion ensured on the draft Local Guidelines for non-motorized projects; and attended the Kitsap Economic Development Alliance's Decision Makers Breakfast, where the key note speaker discussed the state of the economy. 9· MAYOR'S REPORT Mayor Matthes read two emails into the record commending the Public Works staff for their efforts in clearing the roads of snow and ice; and thanked all City staff who made it to work during the recent inclement weather. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the Bay Street Pedestrian Pathway Shoreline Development Hearing was reschedule to February 1, 2012, at 1:30 p.m. at City Hall, as the previous hearing was canceled due to inclement weather; and the DeKalb Pier project was moving forward. City Treasurer Martin reported the final budget summary report would be given out at the next Finance Committee, noting all departments stayed within their budgetary constraints. City Clerk Kirkpatrick reported the Port of Bremerton Commissioners would be able to the Joint Work Study Session scheduled for February 21, 2012, at TOO p.m. at City Hall. At the recommendation of the City Attorney, Mayor Matthes read into the record the following statement: "To members of the City Council and to the citizens of Port Orchard, I would like to go on record as stating that I will recuse myself and take no part in matters relating to the acquisition of right-of-way for the Tremont Street Widening Project. I have made this decision out of an abundance of caution. I do not believe that I have any actual conflict of interest but I am a member of the Bethany Luther Church and the Church's property involves one of the last unresolved right-of-way acquisitions for the Tremont Street Widening Project. I have asked the City Clerk to include this statement as part of the official record for tonight's meeting. Thank you." At the recommendation of the City Attorney, Councilmember Colebank read into the record the following statement: "To members of the City Council and to the citizens of Port Orchard, I would like to go on record as reaffirming that I will continue to recuse myself and will take no part in matters Minutes of January 24, 2012 Pa e 6 of 6 relating to the acquisition of right-of-way for the Tremont Street Widening Project. I have made this decision out of an abundance of caution because of my residential property is required for right-of-way purposes and final resolution of that purchase is still pending. I have asked the City Clerk to include this statement as part of the official record for tonight's meeting. Thank you." 11. CITIZENS COMMENTS Gerry Harmon asked the Council to consider their process on Public Hearings as she felt the current process does not allow the Council time to consider what the audience has said before adoption later in the meeting. Nick Whittleton asked the Council to reconsider the building of the Mosquito Fleet Trail Project out to Annapolis; as he felt it was not a benefit to the City. 12. EXECUTIVE SESSION At 8:26 p.m. Mayor Matthes recessed the meeting for an 18-minute executive session regarding potential litigation in accordance with RCW 42.3o.uo(b). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the Executive Session. At 8:44p.m. Mayor reconvened Council back into regular session. 13. ADJOURNMENT A~:=journed the meeting.L~t:P.//1~ Brandy Rinearson, CMC, Interim City Clerk Timothy c:Matthes, Mayor