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06/28/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of June 28, 2011 1. CALLTOORDERANDROLLCALL 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, Assistant City Engineer Archer, Public Works Director Dorsey, Treasurer Martin, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Desiree Steffens led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Elissa Whittleton read her letter regarding removal of fluoride from the City's water system dated June 23, 2011, into the record. Cindy Lucarelli expressed concerns on behalf of the residents on Tremont regarding a bear sighting. They were concerned for public safety of children and the safety of the bear. Kathy Michael requested the Council open Business Item 7A for public comments before action was taken. 3· APPROVAL OF AGENDA The following items were added to Business I terns: • Approval to Expend Funds Regarding Playground Equipment • Approval for use of City's Right-of-way Near Foot Ferry Regarding Microsoft Visit Councilmember Colebank MOVED and Councilmember Childs seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrant Nos. 55774 through 55839 in the amount of $263,165.14 B. Approval of Public Event Application: Hi-Joy's Cackle Fest and Car Show Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Proclamation: Independence Day Minutes of June 28, 2011 Page 2 of1o Mayor Coppola read the Independence Day proclamation into the record and presented the proclamation to Mr. Doug Nelson, who thanked the Council for their support. B. Presentation: Mr. Ernie Moreno 40 Years in Business as Downtown Barber Mayor Coppola presented the Certificate of Appreciation to Mr. Ernie Moreno and his family for 40 Years in business as a downtown barber; Mr. Moreno thanked the Council and Mayor for this recognition. 6. PUBLIC HEARING A. Six-Year Transportation Improvement Program Assistant City Engineer Archer presented the staff report, noting based on Washington State Department of Transportation requirements, cities are required to submit their six- year transportation improvement plan (TIP) annually, which covers the years 2012-2017. This document is required to be financially constrained which means that projects' funding (either secured or planned) must be realistic based on the City's budget. The City has transportation needs that include upgrading its' street and pedestrian facilities and providing maintenance activities on its streets and sidewalks. Federal and State funding, for the most part, is available on a very competitive basis. The City has to look at innovative ways of funding transportation shortfalls such as forming Local Improvement Districts (LIDs) by which residents agree to tax themselves to do these improvements. More discussion on this issue will be part of the City's upcoming budget preparation. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:15p.m. 7· BUSINESS ITEMS A. Acceptance of Lodging Tax Advisory Committee's Special Funding Recommendation City Clerk Kirkpatrick presented the staff report, noting at the May 24, 2011, meeting, the Council moved to postpone this matter to the June 21, 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. Currently before the Council are the following two motions: Minutes of June 28, 2011 Page 3 of1o 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,ooo; 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. Attorney Jacoby explained to the Council their two choices are to either table/postpone the motions before them, of which could be brought back at a future meeting for action; or to take action tonight to either pass or fail the motions. Kathy Michaels expressed her clarification of the lodging tax funding, stating that the $30,000 available is cash carry over from 2010 and/ or previous years of what was under projected to be receipted in. She opined that the City already receives sales tax revenue and the additional funds are actually being held and could be used to generate tourism and urged the Council to take approve the recommendations so the funds could be disbursed immediately. Desiree Steffens, Chris Stansbery, John Ready, AI Mahaney, Coreen Haydock, and Gil Michael voiced their support of the Council approving the Lodging Tax Advisory Committee's recommendation. Councilmember Olin stated this was special money directed by the legislatures to be dealt with in a certain way and disagrees with the idea of this becoming City money. He recommends the Council pass both motions tonight. Councilmember Chang expressed his concerns that the State has announced their closure of their Tourism Office and it is incumbent upon the City to do what it could to promote tourism in our community; and he urged the Council to approve the motions before them. Minutes of June 28, 2011 Page 4 of 10 Councilmember Clauson voiced is support that Council approves the motions before them; noting that if policy is to change, the Council should look at it prior to the Lodging Tax Committee begins review of the 2012 funding process. Councilmember Childs voiced his opposition of the Council passing both motions as he wanted more time to determine what the City's needs were, for example: should the City fund Sunday foot ferry service or use some of the funds to upgrade the City's website, prior to disbursing them out into the community. Upon vote, the motion to amend passed unanimously. Upon vote the main motion as amended passed with five affirmative votes and two dissenting votes. Councilmembers Childs and Colebank cast the two dissenting votes. B. Approval of the June 14, 2011, Council Meeting Minutes Councilmember Chang MOVED and Councilmember Colebank seconded the motion to approve the June 14, 2011, Council meeting minutes. Upon vote, the motion passed with six affirmative votes and one abstaining vote. Councilmember Putaansuu cast the abstaining vote. C. Adoption of Resolution No. 016-11, Regarding the Six-Year Transportation Improvement Program Assistant City Engineer Archer presented the staff report, noting City Council held a Public Hearing earlier this evening to hear testimony regarding the Six-Year Transportation Improvement Plan for the Years 2012-2017. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 016-11, Six-Year Transportation Improvement Program for the Years 2012-2017. Upon vote, the motion passed unanimously. D. Approval of Contract No. 054-11, Authorizing the Mayor to Execute Lobbyist Agreement with Gordon Thomas Honeywell City Clerk Kirkpatrick presented the staff report, noting the Council determined that its citizens have benefited from the expertise and guidance of a lobbying firm that assisted the Mayor and Staff in accomplishing the goals and objectives of the City. The new contract period would be from July 1, 2011 to June 30, 2012, in the amount of $3,000 per month. Additionally, the funding for the remainder of 2011 was not included in the 2011 budget and a budget adjustment may need to been done. Minutes of June 28, 2011 Page 5 of1o Councilmember Chang voiced his opposition of the City hiring a lobbyist, stating he was unsure the City could afford it; and recommended they allocate these funds to increase the communication budget to cover special mailing costs for informing residents of items such as a utility rate increase; reinstate the broadcasting of Council meetings with BKAT; and to improve the City's website. Councilmember Clauson, Powers, and Childs voiced their support in the importance of maintaining a lobbyist for the City, especially for capital improvement projects. Councilmember Clauson MOVED and Councilmember Powers seconded the motion to approve Contract No. 054-11, authorizing the Mayor to execute an agreement for lobbying services with Gordon Thomas Honeywell Governmental Affairs in an amount not to exceed $3,000 per month, effective July 1, 2011 through June 30, 2012. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. E. Approval of Contract No. 055-11, Authorizing the Mayor to Execute Parking Lot Lease Agreement with Ronald D. Ness and Associates City Clerk Kirkpatrick presented the staff report, noting Ron Ness and Associates has been leasing a portion of City right-of-way on Cline Street for the past five years for parking spaces at his place of business. Mr. Ness has exercised his option to renew the lease pursuant to Section 4 of the Lease Agreement. In addition, Mr. Ness has paid his lease fee in full for 2011. The City Attorney reviewed the renewal lease agreement. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve Contract No. 055-11, authorizing the Mayor to execute a parking lot lease agreement with Ronald D. Ness and Associates, for an additional five (5) year period commencing October 10, 2011 and ending on October 9, 2016. Upon vote, the motion passed unanimously. F. Approval of Contract No. 056-11, Authorizing the Mayor to Execute Agreement for the City's Official Newspaper Publication Services City Clerk Kirkpatrick presented the staff report, noting annually RCW 35.21.875 requires each City or town to designate an Official City Newspaper. The newspaper shall be of general circulation within that City or town and shall have been published regularly, at least once a week. Request for Newspaper Publication Services was published June 3, 2011, and two bids were received from the Port Orchard Independent, which runs weekly; and the Kitsap Sun, which runs daily. In addition, staff asked that each newspaper provide a base Minutes of June 28, 2011 Page 6 of1o rate for Display Ads in an effort to reduce those costs. The bids for the two Newspapers were: Kitsap Sun: Price per column inch Cost per additional line Legal notices on website Display Ads 2010 $2.85 $0.29 $7.00 per ad $0.00 Circulation Numbers as Audited by Audit Bureau of Circulations: 2011 $2-45 $0.24 No charge $2-45 City of Port Orchard 2,492 4,350 Urban Growth Area 5,100 2,240 Port Orchard Independent: Price per column inch Cost per additional line Legal notices on website Display Ads 2010 $2.97 $0.33 No charge $o.oo Circulation Numbers as Audited by Circulation Verification Council: 2011 $2.70 $0.30 No charge $4.50 City of Port Orchard 3,416 3,416 Urban Growth Area 5,080 5,080 Councilmember Olin MOVED and Councilmember Chang seconded the motion to approve Contract No. 056-11, designating the Kitsap Sun as the City's Official Newspaper in accordance with Port Orchard Municipal Code Chapter 1.16. Councilmembers Chang and Olin voiced their opposition of postponing the motion as the Kitsap Sun appeared to be the lowest responsive bidder. Councilmember Powers MOVED to call for the Question. Upon vote, the motion passed unanimously. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to postpone Contract No. 056-11. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmembers Chang and Olin cast the two dissenting votes. After passage of the Motion, the Council directed the City Clerk to obtain the following: • What is the reason for the significant increase in the circulation numbers for the City of Port Orchard in 2010 compared to 2011 from Kitsap Sun; • What is the width of the column of each paper; • What day do the newspapers publish legal notices; • Provide a cost analysis; • What is the circulation in the City limits; and • Why the circulation of the Port Orchard Independent numbers didn't change. Minutes of June 28, 2011 Page 7of1o G. Approval of Fireworks Display Permit: Eagle Fireworks, Inc. City Clerk Kirkpatrick presented the staff report, noting Per RCW 70.77.265 the local fire official, South Kitsap Fire and Rescue, upon receiving an application for a permit to display fireworks shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body, the City of Port Orchard, for their approval and/ or recommendation. Gary Wilson, Eagle Fireworks, Inc. submitted their Washington State Fireworks License Application and Permits for the Fourth of July Fireworks Display to be held as part of the Fathoms O'Fun Festival. The City Clerk's office received written approval from Shawn Shepherd of South Kitsap Fire and Rescue, which was provided to the Council prior to the meeting. Upon Council approval, Mr. Wilson will work with South Kitsap Fire and Rescue for inspection of the barge and determination and final approval of where the fireworks will be off-loaded. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve the 2011 Fourth of July Fireworks display permit as submitted by Gary Wilson of Eagle Fireworks, Inc. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Colebank cast the dissenting vote. H. Approval to Expend Funds Regarding Playground Equipment Councilmember Olin reported that at the Public Property Committee, they discussed upgrading of playground equipment at Central Park to be in compliance with the City's insurer. The Committee identified some equipment to purchase and he favored authorization for the Public Works Director to expend funds to purchase the playground equipment. Councilmember Olin MOVED and Councilmember Powers seconded the motion to authorize Public Works Director to expend funds to purchase playground equipment with All Play Systems in an amount not to exceed $26,000. Upon vote, the motion passed unanimously. I. Approval for Use of City's Right-of-Way Near Guest Moorage During Visit by Microsoft Councilmember Clauson reported that there would be about 400 Microsoft employees visiting Port Orchard on Wednesday, July 13, 2011, and Carter's Chocolate had asked to set up a booth in front of Guest Moorage on City's right-of-way to sell ice cream. He stated this Minutes of June 28, 2011 Page 8 of1o was an excellent opportunity for the City to put its best foot forward in welcoming this group of visitors. Councilmember Clauson MOVED and Councilmember Powers seconded the motion to allow Carter Chocolates to setup a tent on City's right-of-way located by guest moorage and the foot ferry terminal to distribute chocolates and ice cream to Microsoft employees on July 13, 2011. Upon vote, the motion passed unanimously. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to excuse Councilmember Putaansuu from the July 12, 2011, Council meeting. Upon vote, the motion passed unanimously. 8. COMMITTEE REPORTS Councilmember Clauson stated the Finance Committee meeting would be held on July 28, 2011, at 7:30 a.m. at Myhre's. Councilmember Olin reported the Public Work crew removed two of the spring mounted playground equipment from the Active Club's playground, as they were broken and due to liability reasons the City is unable to repair them. Additionally, one of the Active Club's basketball back board is in dire need of being replaced, the swing set has exposed concrete on one leg that needs to be fixed, and the tennis courts will need to be refurbished, which he hoped to see as part of the 2012 budget. Councilmember Colebank reported he attended the Peninsula Regional Transportation Planning Organization meeting, which consisted of a tour around Mason County and was shown the projects they were working on. Councilmember Childs reported the Economic Development Tourism Committee will be held on Wednesday, July 13, 2011, at 5:30p.m. at City Hall. 9· MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the Housing Authority Finance Committee meeting regarding Given's partnership and update on the agency's finances; • Attended the Home Builder Association President's Reception; • Attended a meeting with local business owners regarding JUmp starting local Economic Development in the City; • Attended Fathoms O'Fun event and rode in the parade; • Attended the Kitsap Transit Board meeting; Minutes of June 28, 2011 Page 9 of1o • Met with a group of people interested in forming a Marina District Cluster in the City; • Participated in a teleconference with the Puget Sound Regional Council Executive Board meeting; • Met with Councilmember Childs, City Clerk Kirkpatrick, and the Kitsap Visitor's Convention Bureau's (VCB) Executive Director about what the VCB is doing for the City; • Attended the Rotary Installation Dinner; • Attended Kitsap Transit Personnel Committee Board meeting; • Participated in the Kitsap Economic Development Alliance screening of applications for the Executive Director position; • Attended the Port Orchard Bay Street Association meeting; • Attended the Closing Ceremony for the South Kitsap Eastern Little League; and • Met with the Kitsap Sun and Port Orchard Independent's Publishers regarding matters that did not pertain to the Official Newspaper bid. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported that the Port Orchard Library roof final design project is underway; and as part of that project he resuscitated the Puget Sound Energy Schedule 7 4 regarding utility undergrounding in the area of the library; two car charging stations should be active by mid July; and the Tremont Sewer project is set tentatively for July 5, 2011 or July 6, 2011. City Attorney Jacoby reported the Medical Marijuana Moratorium is set to expire in mid- August and the Planning Commission is requesting more time to work on the proposal of the zoning issues. The Council directed Staff to bring forward an ordinance to extend the moratorium to the August 9, 2011, Council meeting, with further discussion at the August 16, 2011, Work Study Session. Mayor Coppola stated while at the A WC Conference he received some information regarding the issues of a Medical Marijuana Dispensaries that he would forward to the Council, City Attorney, and staff. 11. CITIZENS COMMENTS Elissa Whittleton voiced her appreciation of City Clerk Kirkpatrick who she found to be a wonderful liaison for the City. She stated Patti has been very helpful in explaining what she didn't understand, is very gracious, and she has enjoyed speaking with her over the past two years. Minutes of June 28, 2011 Page 10 of1o Cindy Lucarelli stated that the residents on Tremont were also concerned with safety of a deaf child who lives in the area the bear was sighted. Councilmember Putaansuu stated he will add to the next Utility Committee meeting a discussion regarding fluoridation. Councilmember Clauson MOVED and Councilmember Powers seconded the motion to adopt a Resolution officially thanking Larry Curies for his many years of service to the City, as well as the community. Upon vote, th~ motion passed unanimously. Mayor Coppola suggested, and the Council agreed, to recognize Lee Caldwell for his so years of community service at a future Council meeting. 12. ADJOURNMENT ayor Coppola adjourned the meeting.