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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