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04/19/2011 - Work Study - MinutesCity of Port Orchard Council Meeting Minutes Work Study Session of April19, 2011 1. 7: oo p.m. Call to Order Mayor Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tern John Clauson and Councilmembers Fred Chang, Carolyn Powers, Jerry Childs, Rob Putaansuu, Jim Colebank, and Fred Olin was present. City Treasurer Allan Martin, Public Works Director Mark Dorsey, Development Director James Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, and City Attorney Greg Jacoby were also present. 2. Quisenberry Assignment of Lease City Attorney Jacoby informed the Council that on Friday, April15, 2011, Mr. Quisenberry requested the City sign an Assignment of Lease, as he was closing sale of his business on Monday, April18, 2011. After the review of the contract, it was determined that the original tenant, Mr. Quisenberry, would be responsible for the rent, should the new tenant, Mr. Titus, fail to pay. Typically when an assignment of lease is transacted, the new tenant now becomes responsible for the lease payment; whereas, in the proposed assignment of lease the parties are proposing the opposite of the responsible party. The Council options are as follows: • Authorize the Mayor to sign the Assignment of Lease as they presented tonight; or • Have the Attorneys negotiate a new agreement with the intent that the new tenant would be responsible for the rent. After a brief discussion, 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 as discussed above. Council Direction: The Council directed the City Attorney to negotiate the Assignment of Lease with Mr. Quisenberry and Mr. Titus; and bring to the May 10, 2011, Council meeting for public hearing and review. 3· Presentation and Discussion: Code City, Mayor/Council Form of Government Pat Mason with Municipal Resources Service Center (MRSC) provided the following information regarding changing to a Code City: • There are 281 incorporated cities and towns; • There are 10 First Class Cities like Seattle, Tacoma, and Everett; • There are 11 Second Class Cities such as Port Orchard; • There are 70 Towns; • There are 189 Code Cities; • Cities can convert back to a particular class if they want, however he was unaware of any city reverting to a former class; • The Code City has the broadest powers of any class of authority; • Second Class City is governed by the State statutes; Apri119, 2011, Work Study Session Minutes Page 2 of 5 • Second Class City must find a statute that authorizes the action to do it; • Code Cities have the authority for public purpose, should it be allowed state statute; • A change to Code City does not nullify existing Ordinances, Resolutions, Taxations, Bid Laws, or Open Public Meetings Act; • Second Class City's citizens don't have available a Powers of an Initiative or Referendum, due to State statues not authorizing it, whereas Code Cities do; and • At this time there doesn't seem to be any disadvantages of changing from a Second Class City to a Code City. Council Direction: The Council directed the City Clerk to advertise for public comment on this topic at the May 10, 2011, Council meeting agenda. 4· Discussion: Entry Kiosk for McCormick Woods Village Park Development Director Weaver provided a preliminary map of where the proposed Entry Kiosk for McCormick Woods Village Park would be and look like. Dick Davis indicated that he has lined up the South Kitsap School District to do the construction of the project, and Doug Skrobut has provided the plan specifications; and he is hoping the City will participate in preparing the site for the project. Development Director Weaver stated that staff is looking to use the new backhoe on the site as testing of new equipment and the City will need to prepare a lease, legal description, and contract with the South Kitsap School District or the City will need to go through the formal bid process for the construction of the project. Council Direction: The Council directed Development Director Weaver to provide a draft contract with the South Kitsap School District for Council review at the May 10, 2011, Council meeting; and for Public Works Director Dorsey to provide a list of items with their associated costs to the Public Property Committee meeting. 5· Discussion: Parking Garage Relocation Mayor Coppola asked this item be pulled from the agenda, as the document he wanted to present to the Council was not ready. 6. Update: Personnel Policies April19, 2011, Work Study Session Minutes Page 3 of 5 Human Resource Coordinator Howard provided the Council a handout outlining the changes made to the Personnel Policies. A majority of the changes consist of items left off of the previous Personnel Policies Manual and to have past practices of the City's procedures equal to what is in the manual. Council Direction: No direction was given to staff. 7· Discussion: Bonding Requirements City Treasurer Martin provided a brief power point presentation on Bonding 101 to the Council. Council Direction: No direction was given to staff. 8. Discussion: Council Committees Councilmember Chang asked the Council for determination of whether to change Council Committee assignments annually rather than bi-annual, which would allow Councilmembers the opportunity to be better rounded in all aspects of the City's operation; and if there was any interest in changing the current committee member assignments at the present time. Councilmember Childs stated that it would be a form of professional development for Councilmembers to get the knowledge and understanding of how the City works by allowing a Committee member to work their way around the Committee and possibly becoming the Chair. This process would allow everyone to mature and become an asset to the Committee. Councilmember Putaansuu expressed concern that he has a particular interest in certain Committees and it wouldn't be fair to other Committee members to put him on a Committee that he was not interested in as he wouldn't be passionate about that Committee. Councilmember Powers stated that Councilmembers should be rotated throughout the Committees, but not every year as we need to have continuity of the Committees and have a certain level of experience. Councilmember Colebank suggested that should a Councilmember be absent from a Committee meeting to have another Councilmember fill in, as this will help determine if the Councilmember would be interested on that Committee during the next cycle. After a brief discussion, Council came to a consensus that with this being an election year, to keep the committee the same; and review in January. April19, 2011, Work Study Session Minutes Page 4 of 5 Council Direction: The Council directed the City Clerk to place on the January Work Study Session agenda the assignment of Council Committees. Development Director Weaver left the Council meeting at 9:08p.m. 9· Update: Bay Street Pedestrian Pathway Public Works Dorsey provided an update regarding the Bay Street Pedestrian Pathway stating that N.L. Olson and Associates were working on the final design, which included the 10 parking spaces and crosswalk along Bay Street for residents on the water side of street to have off-street parking as part of the project. Mayor Coppola stated that our Lobbyist is working on getting the Public Facilities District ordinance changed; and while it is not final, there was talk of opening up the requirements for a two-year period, which could help move the Pedestrian Pathway project forward if that were to happen. In response to Councilmember Putaansuu, City Attorney Jacoby stated that he will work with Mr. Quisenberry and Mr. Titus in obtaining easements to the property for the Bay Street Pedestrian Pathway project. Direction: No direction was given to staff. 10. Discussion: Reimbursement Policy: For Dues, Meals, and other City Paid Expenses for Elected Officials and Dept. Directors Councilmember Childs asked the Council if they still endorse the current policy or if it should be extended to include Councilmembers as well. Councilmember Clauson stated that Councilmembers historically were on their own, should they want to participate in the Community Clubs or activities. City Treasurer Martin explained that elected officials are different than City employees, in that elected officials are serving the public, stand for election, represent the people to the City, and set policies. City Employees are hired by the Mayor and are tasked with doing certain things. Council Direction: No direction was given to staff. April19, 2011, Work Study Session Minutes Page 5 of 5 11. Discussion: Lodging Tax: 2011 Chimes and Lights Award, Process for Lodging Tax including Flow Chart Councilmember Childs expressed his concerns with the current process of the lodging tax funds and disbursements; and noted the City has needs which should be met first before disbursing among non-profit organizations. In addition, he voiced concern with insufficient funding for Chimes and Lights Festival and stated that should there be no additional funds for this event from Hotel/Motel taxes then the funding comes out of the general fund, which he did not feel was appropriate. Council Direction: The Council directed the City Clerk to add this item to the May, 17, 2011, Council Work Study Session for further discussion and for the City Clerk to research the cost to operate Foot Ferry service ·for every Sunday starting Memorial Day Weekend and ending Labor Day Weekend. 12. South Kitsap Skate Park Proposal Councilmember Olin indicated that the Skate Park Association was given a checklist of what items needed to be completed and that they will not be able to expend any funds for a skate park at this time. However, should the City find funding for the project to move it forward the City would still need to do storm mitigation, storm drainage, and parking lot improvements at the VanZee Park. Councilmember Olin suggested that the Council begin improvements to the VanZee Park, so long as there was funding in the 2011 budget. Public Works Director Dorsey stated he provided a cost estimate to the Treasurer of approximately $250,000 for the improvements, which included a turn lane. Council Direction: The Council directed Public Works Director Dorsey to explore the parking lot improvement and drainage overview and to bring a recommendation to the May 17, 2011, Work Study Session. · 13. Next Work Study Session-Tuesday, May 17, 2011 . he meeting was adjourned.