Loading...
03/22/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 22, 2011 t. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tem John Clauson and Councilmembers Fred Chang, 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, Treasurer Martin, Development Director Weaver, Office Assistant Dennison, and City Attorney Jacoby were also present. A. Pledge of Allegiance Roger Coulter led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Arlene Williams had read the Kitsap Sun article about the March 15, 2011, Work Study Session, and voiced her concerns regarding the Bay Street Pedestrian Pathway plans and what the impacts would be to her home. Ocean Williams voiced his opposition to the current Bay Street Pedestrian Pathway design, noting his concerns as follows: • Provide adequate parking accommodations for the four homes on Bay Street; • Protect individual home ownership of these homes, which help bring visitors within walking distance of downtown; • Address currently dangerous pedestrian and wheelchair access between Mitchell Point and Annapolis Pier; and • Assuring safe access for veterans to downtown. Norm Clair voiced his objections to the Bay Street Pedestrian Pathway design, and requested the Council accommodate pedestrian needs as well as parking issues for the four homes on Bay Street. Randy Jones voiced his objections to the Bay Street Pedestrian Pathway proposed design, noting that he had been in favor of the Pathway until he read the newspaper article. This has been his home since 1978 and he urged the Council to find a solution to the parking issues of these four homes. 3· APPROVAL OF AGENDA Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve the Agenda. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 55260 through 55317 in the amount of $88,726.39 B. Approval of the March 8, 2011, Council Meeting Minutes C. Approval of Public Event Application: Sidney Glen Dolphin Dash Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING A. 2009 Water System Plan Public Works Director Dorsey provided the staff report and introduced Nancy Boyd, with PACE Engineers, Inc., who then conducted a brief PowerPoint presentation regarding the Comprehensive Water System Plan and provided the following recommendations: • Project Goals Plan for orderly development of the system(s) Provide tool for day to day use Comply with state and local requirements • Project Approach IdentiJY retail service area and demographics Develop realistic water demand projections Develop concise existing system inventory IdentiJY future system needs Develop a detailed Capital Facilities Plan • Service area • Future service area • Retail service area • Population and employment • Annual demand (million gallons) • Annual demand (MGD) • Existing water systems City system McCormick Woods • Water system analysis Based on established minimum criteria Minutes of March 22, 2011 Pa e of Analyzed various aspects of system based on projected growth scenarios • Recommendations City Source McCormick Woods Source Wellhead Protection Plan Transmission Storage Pump Stations Distribution System Improvements Small Main and AC Main Replacements • Six Year CIP • Current Water Rates (Monthly) • Commodity charge • Potential funding sources Mayor Coppola opened the Public Hearing at 7:41 p.m., and there being no testimony, Mayor Coppola closed the Public Hearing at 7:41 p.m. B. Medical Marijuana Moratorium City Attorney Jacoby presented the staff report, noting that on February 22, 2011, the Council adopted Ordinance No. 002-11, imposing a six-month moratorium on accepting or processing applications, permits, or licenses for any building or land use activity relating to medical marijuana dispensaries. RCW 35.63.200 requires that the Council must hold a public hearing within sixty (6o) days of its adoption of the moratorium. Mayor Coppola opened the Public Hearing at 7:42 p.m. Kent Bratt spoke in favor of removing the moratorium as his clients, Green Thumb Medical and Tacoma Green Thumb, were respectable businesses. He explained that Green Thumb is a company that determines if a person will benefit from the medicinal properties of marijuana and then provides appropriate documentation to the person to take to Tacoma Green Thumb which would dispense the marijuana upon verification of the documentation. Further, Mr. Bratt explained that Colorado currently allows medical marijuana dispensaries and that individual cities do make money off of the dispensaries through fees and taxes. Josh Zetzsche urged the Council to not enact the moratorium, noting the moratorium would require people to seek medicinal marijuana through the "black" market. He stated that the industry should be regulated and this would be an opportunity to the City to begin collecting taxes and fees. Further, it was his belief that marijuana is a relatively safe and benign drug substance which cannot be overdosed on and that people do not die by using it. Danielle Rimbert addressed the Council with the following questions: • Has any research been done on the other cities which have dispensaries? Minutes of March 22, 2011 Pa e of • How are these cities dealing with these opening of dispensaries? • Has any research been done on the negative effects of having a dispensary? • How accessible would these dispensaries be to the public? City Attorney Jacoby stated that in 1998 citizens approved an initiative to allow certain types of medical marijuana and this law is what is before the State Legislator. Further, he explained that the other cities who currently have open dispensaries were working under the existing law. The dispensaries in those cities that filled out a business application may not have stated they were a medical marijuana dispensary. He pointed out that recently the City of Tacoma sent out dozens of letters to known medical marijuana dispensaries advising them know that they were revoking their business license. The Tacoma City Council, like Port Orchard is waiting to see what the Legislators will be doing in regards to this issue, which is the reason why the City enacted the moratorium. Finally, Mr. Jacoby explained that once this matter is cleared up by the State, the City will still need to determine what is or not allowed with regard to zoning in order to determine location for dispensaries should the State allow them. There being no further testimony, Mayor Coppola closed the Public Hearing at 8:13p.m. 7· BUSINESS ITEMS A. Approval of Contract No. 036-11, Authorizing the Mayor to Execute an Agreement with PACE Engineers, Inc. for Well No. 11 Final Design Public Works Director Dorsey presented the staff report, noting that on April 8, 2005, PACE Engineers, Inc. was interviewed and selected to prepare the City of Port Orchard's Water System Plan, thereby establishing the City's Capital Improvement Plan (CIP) and maintaining the City's water system hydraulic model. Since that time, as the City's water system engineer, PACE Engineers, Inc. has provided exceptional professional engineering service to the City on a number of water system related projects. The current water system improvement needed, as identified in the City's approved Water System Plan CIP is for the Final Design, Estimate (PS&E) and permitting phase of the McCormick Well No. 11 project, drilled last year to replace the existing McCormick Well Nos. 1, 2, and 3 with a deep aquifer well, as required by the Washington State Department of Ecology (DOE). Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion authorizing the Mayor to execute Contract No. 036-11, with Pace Engineers, Inc. for Well No. 11 Final Design. Upon vote, the motion passed unanimously. B. Approval of Contract No. 037-11, Authorizing the Mayor to Execute an Agreement with The Building Department, Inc. for Building Inspection and Plan Check Services Minutes of March 22, 2011 Pa e of Planning Director Weaver provided the staff report, noting that the City of Port Orchard was approached by The Building Department Inc., regarding provision of supplemental building inspection and plan check services. These services would be available to the development community upon request via the Expedited Permit Process under Port Orchard Municipal Code or to supplement vacancies due to reliance upon a single building inspector. The contract would allow an additional option for needed building inspections during periods where the City Building Inspector is sick or on vacation. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion authorizing the Mayor to execute Contract No. 037-11, with The Building Department, Inc. for Building Inspection and Plan Check Services. Upon vote, the motion passed unanimously. C. Approval of Supplemental Agreement No. 3 to Contract No. 071-09, with NL Olson and Associates, Inc. for alternative No. 3A-Bay St Pedestrian Pathway Public Works Director Dorsey presented the staff report, noting that on October 27, 2010, the City of Port Orchard entered into a contract with N.L. Olson & Associates, Inc. via Resolution No. 101-09, for the Bay Street Pedestrian Pathway Project (aka Mosquito Fleet Trail) for the development of final Plans, Specifications & Estimate (PS&E). On March 9, 2010, the City of Port Orchard executed Supplement No. 1 to Contract No. 071-09, thereby extending the original termination date from April 30, 2010 to September 30, 2010. At this point in time, all alternatives developed during the preliminary phase, except the Marina Park alternatives, had been decided upon by Council and N.L. Olson & Associates was directed to begin final design on all aspects of the project other than the Marina Park area. On September 14, 2010, based upon the need for additional time to resolve alternative issues at the Port of Bremerton Marina Park, the City of Port Orchard executed Supplement No. 2 to Contract No. 071-09, thereby extending the termination date from September 30, 2010 to March 31, 2011. On November 9, 2010, the City Council directed staff to complete the final design utilizing Alternative No. 1 at the Marina Park area. Subsequently, on February 15, 2011, the Council met with Port of Bremerton Commissioners prior to the City Council Work Study Session to discuss and come to agreement on which proposed alternative should be pursued at the Marina Park. The result of that meeting was New Alternative No. 3A proposal. N.L. Olson & Associates, Inc. was asked to prepare a scope and budget for this additional work. He further noted that although proposed Supplement No. 3A is for both additional fee and contract time extension to the current 70% complete PS&E and environmental work, the City will utilize the current 70% complete PS&E for the 2011 grant funding cycle. Councilmember Olin MOVED and Councilmember Childs seconded the motion to authorize the Mayor to sign Supplemental Agreement No.3 to Contract No. 071-09 with NL Olson & Associates for Alternative Number 3A-Bay Street Pedestrian Pathway from the Parks budget. Upon vote, the motion passed unanimously. D. Approval of Amendment No. 1 to Contract No. 009-09, Authorizing the Mayor to Execute the Amendment for Illicit Discharge Detection and Elimination with Kitsap County Health District Public Works Director Dorsey presented the staff report, noting that in 2009 Kitsap County Health and the City of Port Orchard entered into an Interlocal Agreement (I LA) using City match money and a Stormwater Implementation Grant from the Department of Ecology (Ecology). The ILA was to help the City in compliance with the Illicit Discharge Detection and Elimination (IDDE) portion of the National Pollution Discharge Elimination System (NPDES) Permit. To date the City has performed commercial property inspections and education, mapping of private property systems, and identifying non-stormwater discharges to comply with the requirements of the NPDES Permit and the ILA. Staff continues to work on a procedures manual as well as the final report to Health to complete the ILA. To facilitate compliance with the grant before the expiration date of June 30, 2011, an amendment to the ILA has been proposed to use Health District staff to finish inspections quickly. The amendment involves adding $4,000, to the mapping task to reimburse the City for staff time, and a reduction of $13,665, to the Commercial Property Inspection and Education task to allow Health District personnel to perform these inspections. The City will be kept appraised of their progress and any problems found within the City boundaries. Overall, the City will see a cost savings of $7,849, to the Storm Drainage Utility with this amendment. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to authorize the Mayor to sign Amendment No.1 to Contract No. 009- o6, with Kitsap County Health District for Illicit Discharge Detection and Elimination. Upon vote, the motion passed unanimously. E. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Sidney Road Property, LLC Annexation Planning Director Weaver presented the staff report, noting that a Notice of Intent to Petition for Annexation was received on March 01, 2011, to annex one parcel (Tax Parcel No. 102301-1-004-2000) totaling approximately 9.67 acres, located at 5230 Sidney Road SW, adjacent to and west of Sidney Road SW, and north of SW Sedgwick Road, in that portion of Section 10, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The parcel is in the City's currently recognized Urban Growth Area. It is designated Urban High-Intensity CommercialfMixed 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. The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By accepting a notice of intent to Minutes of March 22, 2011 Pa e of 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 Colebank MOVED and Councilmember Powers seconded the motion to allow the applicant to circulate a petition for annexation of the property as described in the notice of intent. Upon vote, the motion passed unanimously. F. Discussion: Council Committees The City Clerk was directed to add item to the April19, 2011, Work Study Session agenda. 8. CITIZENS COMMENTS There were no citizen comments. 9· COMMITTEE REPORTS Councilmember Putaansuu announced that the Utility Committee will meet on March 25, 2011, with their priority on water rates and the capital facility plan discussion. Councilmember Chang stated that the Lodging Tax Advisory Committee (LTAC) held an ad- hoc meeting last Wednesday to talk about print practices and if there was a way the different recipients could coordinate together on printing; and advised the LTAC would meet on Wednesday, March 23, 2011 at 3 p.m. to discuss several special funding requests. Councilmember Childs announced the next Economic Development and Tourism meeting will be held on April13, 2011. Councilmember Clauson stated there will be a Finance Committee meeting on April1, 2011, which they will continue to refine information of the Bethel Annexation and the finances which are related to it. Councilmember Powers asked to be excused from the April12, 2011, meeting. Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to excuse Councilmember Powers from the April 12, 2011, meeting. Upon vote, the motion passed unanimously. 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended an Economic Development Tourism meeting; • Met with Karen Rogers of Exeltech regarding the parking garage relocation and a conceptual drawing of new location; • Met with Port Commissioner Larry Stokes and Roger Zabinski regarding mutually beneficial matters; • Met with Fire Chief Wayne Senator regarding a potential fire merger and the impacts to the City; • Attended the Red Cross Hero's breakfast; • Attended a Town Hall meeting conducted by Senator Kilmer and Representative Seaquist regarding the state budget; • Will be participating in a Town Hall teleconference on March 23, 2011, with Representative Jan Angel; • Did a Ribbon Cutting Ceremony at Capriccio's Catering; • Attended a POBSA meeting; • Attended a presentation and demonstration with Toyota to discuss hybrid vehicles; • Participated in a transportation T2040 working group meeting teleconference call; • Did a ribbon cutting ceremony at The Water's Restaurant; • Attended a KRCC Executive committee meeting regarding proposed countywide planning policies; • Met with Mayor Lent, Mayor Erickson and Mayor Hydropoulis about the Boundary Review Board representative; and • Attended a website committee meeting. 11. REPORT OF DEPARTMENT DIRECfORS City Clerk Kirkpatrick reminded the Council that the Port Orchard Chamber of Commerce will be having their last legislative update call from Senator Kilmer on Wednesday, March 23, 2011, at 7:30 a.m. This is the last update from the legislators before the end of their session. Public Works Director Dorsey reported that there will be a number of items on the April12, 2011, agenda from his department including; Bethel Tank ILA, Step Design, and McCormick Woods; and the asbestos abatement was signed for the property located across from City Hall on Prospect Street. Once the asbestos is removed, the City of Bremerton will then come in and take down the buildings. 12. EXECUfiVE SESSION At 9:13 p.m. Mayor Coppola recessed the meeting for a 15-minute executive session regarding potential acquisition of real estate in accordance with RCW 42.30.110(B) and announced that no action would be taken as a result of the executive session. Councilmember Colebank and Mayor Coppola were excused. City Attorney Jacoby and Public Works Director Dorsey were invited to attend. Minutes of March 22, 2011 Page 9 ofg At 9:39 p.m. Mayor Pro Tempore Clauson reconvened the Council meeting back into regular session. 13. ADJOURNMENT