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11/27/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 27, 2012 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Jerry Childs and Councilmembers Fred Chang, John Clauson, Rob Putaansuu, Jim Colebank, and Cindy Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin, Police Chief Townsend, Office Assistant II Floyd and City Attorney Jacoby were also present. Absent: Councilmember Carolyn Powers A. Pledge of Allegiance Morgan Rinearson led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Gary Chrey spoke to the Council on behalf of his clients who are the owners of a commercial building at 1950 Pottery Avenue. The property is zoned business professional and the commercial property rental market in these times is very challenging. At this time, his client's building is only half full. His clients have an opportunity to lease space in the building to a water testing laboratory; however, that particular use is not an allowed in our current code. On the other hand, a medical/ dental laboratory is an allowed use within that zone. He stated there is little difference between this water testing company and a medical lab taking blood samples. Mr. Chrey and the prospective client, has met with the Planning Department and the recommendation they received was to bring this forth to the City Council and ask if the Planning Department could take a look or provide any kind of flexibility within what uses are permitted. The tenant has looked elsewhere, but they would like to stay in the City. Councilmembers Childs and Clauson said that they would like to look into this and speak to the Planning Department on what could be done to accommodate Mr. Chrey and his clients. In response to City Attorney Jacoby, Councilmember Clauson mentioned that the Council could be updated in writing as to the response from the Planning Department. Mayor Matthes offered to speak to Development Director Weaver upon his retur:q and update the Council on their conversation. · Mr. Chrey stated he will keep in touch with the Mayor's Office. Minutes of November 27, 2012 Page 2 of1o Matt Wambold, General Manager of Bruce Titus Ford, mentioned he attended the Planning Commission meeting to talk about signs, sandwich boards, and banners for businesses in the downtown area. He felt as if he was being attacked, and felt a couple committee members did not want to help businesses survive or advertise. He stated some feel his sign is giving a Vegas like atmosphere. He mentioned a sign exchange between businesses or anything that would help businesses prosper until the economy returns was rejected without consideration. He would like the sign code to loosen up for the next couple of years. Mayor Matthes mentioned that the Planning Commission would continue to have testimony from citizens on this topic at their next meeting in December. Councilmember Childs stated that the sign code does not fit everybody perfectly, and we need to find a way to work with the businesses. Don Ryan mentioned that he was very impressed that the majority of the Council was in attendance at the Roger Brooks Presentation, stating the presentation was a very powerful and eye opening experience. In addition, he would like to work in a more collaborative effort with all the organization as we could achieve more things in the next few years. Gil Michael, Planning Commission member, explained that a subcommittee under the Planning Commission looked at the sign code and brought forth a draft document to the Planning Commission, which has been heard twice at the meetings. They were scheduled to complete the discussions and deliberations at the last meeting, but they are extending discussion because of the comments that were brought forth by businesses. Businesses are asked to come back to the December 17, 2012, Planning Commission meeting to bring forth their ideas. Mr. Michael said one of the biggest issues is A-Board signs. He further mentions that if enough citizens come to the December meeting, perhaps this could be extended for another month to get more public input. 3.APPROVALOFAGENDA Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmember Powers was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 58568 through 58641 in the amount of $300,511-46 B. Approval of November 13, 2012, Council Meeting Minutes; C. Approval of Amendment No. 1 for the Six-Year Transportation Improvement Program for 2013-2018 D. Approval of Contract No. 077-12, Authorizing the Mayor to Execute and Interlocal Agreement with Kitsap Regional Coordinating Council Minutes of November 27,2012 Page3 of1o Councilmember Clauson MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Powers was absent. 5· PRESENTATION A. South Kitsap Wastewater Reclamation Facility 2013-14 Budget Michael Wilson, General Manager for West Sound Utility District, provided a brief presentation on the proposed 2013-2014 Budget for the South Kitsap Water Reclamation Facility (SKWRF), discussing the following items: • 2013-14 Budget Format • Goals and Priorities • Budget Overview • Objectives -Budget/Finance -Balanced Budget -Fund Balance Budget Planning -Budgeting/Financial Management/ Accountability -Capital Improvement Program -Debt Service Program -Financial Management Policies • Objectives-Plant Operations • Personnel/Staffing • Operating Fund • Capital Improvement Fund • Equipment Repair & Replacement Fund Lastly, he thanked the Council for their support of the biannual budget. 6. PUBLIC HEARING A. Waste Management ofWashington, dba Brem-Air Disposal: Garbage Service Contract Renewal Public Works Director Dorsey presented the staff report, noting staff has been working with Waste Management of Washington, Inc. dba Brem-Air Disposal ("Waste Management") on extending the current July 1, 2010, thru June 30, 2013, contract. In order for the City of Port Orchard to exercise its second option to extend the current contract with all existing terms and conditions in place, written notice by the City to Waste Management is due by December 31,2012. Alan York, Waste Management District Manager, discussed this matter at the November 20, 2012, Council Work Study Session. As a reminder, the City is allowed two contract extensions, with the first extension being the three year extension nearing its Minutes of November 27, 2012 Page4of1o termination date of June 30, 2013. The second contract extension, being a two year extension only, is the matter before City Council this evening. Contract Amendment No. 2 proposes to extendthe current Contract expiration date of June 30, 2013, to June 30, 2015, with all terms and conditions as set forth in the original Contract. Mayor Matthes opened the Public Hearing, and there being no testimony closed the Public Hearing at 8:01p.m. B. Proposed 2013 Budget City Treasurer Martin presented the staff report, noting a Public Hearing on the proposed 2013 Budget is required on or before the first Monday of December. The hearing allows Council to take public input, consider public comments and make any changes as indicated by the majority of the Council. Citizens and community organizations are encouraged to participate by providing the Council with their priorities for future infrastructure projects, public safety enhancements, cultural and recreational opportunities, and other public services. Following citizen comments the Public Hearing will be closed and the Council may continue with its deliberations concerning the 2013 Budget. If the Council has any additional changes, these should be conveyed to staff so that a final 2013 Budget can be presented for adoption on December 11, 2012. At 8:02 p.m., Mayor Matthes opened the public hearing. Darryl Baldwin expressed one of the points mentioned at the Roger Brooks Presentation, was putting together activities which would bring organizations and people to our community. He said that a lot of the funding for lodging tax is going into 2 or 3 events for the year. Some of the funding which was proposed for the Kitsap Peninsula Visitor Convention Bureau (KPVCB) was dropped. The KPVCB and the Port Orchard Bay Street Association (POBSA) are the organizations which market small businesses in town on a daily basis. He asks the Council, as they move forward with the budget for next year, to consider how the needs of the community are being marketed and met. He further explains that Poulsbo, Bremerton, and Bainbridge Island have completely funded their portion of the KPVCB; and Port Orchard is the only community that has not. Kim Punt spoke about the 2013 lodging tax recommendation. As a member of the Lodging Tax Advisory Committee (LTAC), she mentions it is all about what is best for the City. She believes lodging tax should go back to the more historical figures. Most of what is proposed is close to that, except for the POBSA and the KPVCB. She further states that she has nothing against either organizations as they both do great work, and she is a member of both of them; but to give $1o,ooo less to the KVCB and $1o,ooo more to the POBSA does not make any sense. She explains that POBSA only markets to downtown Port Orchard and the KPVCB markets Kitsap County, which includes all of Port Orchard. She strongly urges the Council to award figures more closely aligned with the 2012 historic awards. Minutes of November 27, 2012 Pages of1o There being no further testimony, Mayor Matthes closed the public hearing at 8:07p.m. 7· BUSINESS ITEMS A. First Reading of Ordinance No. 021-12, Amending the 2012 Budget City Treasurer Martin presented the staff report, noting actions involving amendments to the budget take two readings. This is the first reading. The City Budget is written to capture revenue and expense over the fiscal year. During the year changes to the Budget in both revenue and expenditures need to be recognized by Budget Amendment. Traditionally the City has twice yearly considered Budget Amendments. Most recently the Council passed Ordinance No. 009-12, on June 12, 2012, that reflected amendments for the first half of 2012. This Budget Amendment Ordinance recognizes amendments for the second half of the year. The Budget Amendment Ordinance reflects the following: 1. $6,300 from Cumulative Reserve for Equipment Replacement Fund 303 to replace a failed computer hardware server. 2. $30,000 additional from Cumulative Reserve for Municipal Facilities Fund 302 for library roof replacement. 3. $9,000 from Cumulative Reserve for Equipment Replacement Fund 303 for additional cost for equipping new police vehicles. 4· $2,700 additional from Community Events Fund 107 to support the classic car show The Cruz. s. $30,000 from Cumulative Reserve for Municipal Facilities Fund 302 for design work on the Bay Street Pedestrian Pathway. 6. $1,100 from City Street Fund 002 to Paths & Trails Fund 108 as required by RCW 47·30.030. 7· $8o,ooo from Water -Sewer Utility Fund 401 for emergency pump repairs required at the McCormick Woods lift station. 8. $125,000 transfer from the Storm Drainage Utility Fund 421 to the Storm Drainage Equipment Reserve Fund 422 to recognized the 2012 Budget set aside for future equipment purchases. g. $155,000 transfer from Water Sewer Utility Fund 401 (operating) to Cumulative Reserve for Water Sewer Fund 403 (capital reserves) recognizing the Capital Facilities fee collected as a portion of the October 1, 2010 Water Sewer rate increase approved by Council. 10. $30,000 transfer from Current Expense Fund No. 001 to Criminal Justice Fund No. 103 to complete transfer of criminal justice revenues. n. $2,650.00 from Street Fund No. 002 to Current Expense Fund No. 001 from the Morgan Street vacation for parks assigned fund balance. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to accept the first reading of Ordinance No. 021-12, amending the Minutes of November 27,2012 Page 6 of1o 2012 budget for the City of Port Orchard and to direct staff to place Ordinance No. 021-12, on the December 11, 2012, Consent Agenda for second reading and final adoption. Upon vote, the motion passed unanimously. Councilmember Powers was absent. B. Adoption of Ordinance No. 022-12, Amending the Port Orchard Municipal Code Chapter 10.66 by Updated the Established "Snow Routes" within the City of Port Orchard Public Works Director Dorsey presented the staff report, noting the recent recording of the Final Plat of McCormick Meadows Division 2 in October 2012, triggered the need to amend Port Orchard Municipal Code Chapter 10.66 Snow Routes, more specifically 10.66.010, thereby updating the established "snow routes" within city limits. The following proposed snow routes were presented to the Public Properties Committee on November 13, 2012: • SW Stanwick Way from Lone Bear Lane SW to Pickford Place SW • Pickford Place SW from SW Stanwick Way to SW Colbert Way • SW Colbert Way from Pickford Place SW Pickford Place SW to Chatterton AvenueSW • Chatterton Avenue SW from SW Colbert Way to Lone Bear Lane SW In addition to the new snow routes above, the City of Port Orchard Public Works Department also intends to take this opportunity to better clarify within POMC 10.66 "snow routes" posted on city streets whereby on-street parking is typically allowed and "snow route prioritization" which includes both city streets whereby on-street parking is typically allowed and city streets whereby on-street parking is NOT allowed. Councilmember Chang MOVED and Councilmember Lucarelli seconded the motion to adopt Ordinance No. 022-12, thereby amending Port Orchard Municipal Code Chapter 10.66 and updating the established "snow routes" posted within City limits. Upon vote, the motion passed unanimously. Councilmember Powers was absent. Councilmember Chang mentioned the snow routes map and more information is available on the City's website. C. Adoption of Resolution No. 035-12, Adopting the Snow and Ice Policy Public Works Director Dorsey presented the staff report, noting the City of Port Orchard's primary objective during seasonal snow and ice conditions is to provide safe and orderly movement of emergency equipment and vehicular traffic. In order to better achieve this objective, it has been determined that it is in the best interest of both the public and city staff to create procedures/policies relating to safe and orderly operations during inclement weather conditions. The policy brought forth this evening is consistent with the Kitsap Minutes of November 27, 2012 Page 7 of1o County Snow & Ice Policy and provides a platform for common understanding between city staff and the citizens of Port Orchard. City Attorney Jacoby mentioned there was one section omitted from the Resolution which was provided. This could be done one of two ways; this could be brought back at the next meeting, or staff offered that the Resolution could be adopted as described by the City Attorney. He mentioned the sentences which were omitted were as follows: • Section 10 'Policies' -The Policy established in the provisions above shall not be construed as creating a mandatory duty. The sole purpose of this policy is to assist City staff in prioritizing the City's response to a water event. It is understood that the City Public Works Supervisor and/or his/her designee must maintain discretion in prioritizing the City's response to the specific conditions of a weather event. It is further understood that staffing equipment, supplies and other factors may interfere with the City's ability to respond to a weather event in the manner set forth above. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 035-12, thereby establishing a snow and ice policy within the City of Port Orchard City limits to include the statement read by the City Attorney. In response to Councilmember Clauson, Public Works Director Dorsey mentioned that it is the City's responsibility under RCW 47.24, for street sweeping and plowing of State highways within City limits. Also, the City does have the discretion to prioritize the snow routes within City limits. In response to Councilmember Colebank, Public Works Director Dorsey replied that snow routes do not really put bus routes into consideration, but the bus routes are primarily already on the priority 1 routes. He further explained that the snow route map is a modification of the routes the City has used in the past. Councilmember Chang mentioned it was discussed at the Public Property Committee meeting that some people feel that if they are off the snow routes and their driveway is impacted by snow, they can call the City to have their driveway cleared. Unfortunately, this is not a responsibility of the City. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to add the area from Kentucky Fried Chicken to Olney Avenue and up to Mile Hill Drive to be coded as a Priority 1 area. In response to Councilmember Chang, Public Works Director Dorsey stated that Olney Avenue is steep and narrow, but he does not think we would be able to close Olney Avenue. Councilmember Clauson stated that he would argue against the amendment, explaining that if any amendment is made, one that would make more sense to him is to include Minutes of November 27, 2012 Page 8 of1o Pottery Avenue, between Tremont and Sedgwick Road. This is a bus route too, but would include the schools on Pottery Avenue. In response to Councilmember Childs, Public Works Director Dorsey stated that depending on the event, it takes about 24 to 36 hours to get to the priority 2 snow routes. Councilmember Lucarelli agreed with changing Pottery Avenue to a priority 1 snow route, as the area has a lot of elderly and people who need emergency services. Upon vote, the amended motion failed unanimously. Councilmember Powers was absent. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to amend the route map to designate Pottery Avenue south of Tremont to Sedgwick Road as a priority 1. Upon vote, the motion to amend passed unanimously. Councilmember Powers was absent. Upon vote, the motion as amended passed unanimously. 8. COMMITIEE REPORTS Councilmember Clauson reported the Finance Committee is meeting on December 6, 2012, and mentioned the Roger Brooks Presentation was excellent and quite an eye opener for him. Councilmember Childs reported the Economic Development and Tourism Committee is meeting on Wednesday, December 12, 2012, at City Hall and also agreed with Councilmember Clauson about the Roger Brooks Presentation. He further mentioned that Councilmember Lucarelli took notes at the presentation and would like her to share those with the Council at a Work Study Session. City Clerk Rinearson added that the Roger Brooks Presentation was recorded and she is currently looking to see if we can receive a copy of that CD, or find out when it will be broadcasted on BKAT. Councilmember Lucarelli reported that the Festival of Chimes and Lights will be on December 1, 2012, from n:oo a.m. to 8 p.m. She would like to remind everyone that this is a free event with a sk run. Councilmember Childs further added that there will be an acknowledgment of our veterans and Bruce Crandall, Medal of Honor recipient, will be there to lead us. Councilmember Putaansuu reported the Utilities Committee has not meet since the last report and the Sewer Advisory Committee has been working on the budget. Minutes of November 27, 2012 Page9 of10 Councilmember Chang reported the Public Property Committee will be meeting Tuesday, December 11, 2012, at 8:oo a.m. He further added that he traveled to Vancouver Washington over the Thanksgiving Holiday and they have an event which is similar to the Festival of Chimes and Lights called the Festival of Trees. He was impressed that there were a lot of sponsors for this event, it was hosted by the Vancouver Rotary Foundation, and they have a local utility company who put up the lights. 9· MAYOR'S REPORT The Mayor Matthes reported on the following: • Read a letter to the Public Works department, thanking them for a great job on Kendall Street saying the street has really improved since pine leaves and nettles have been removed. • Attended the Roger Brooks Presentation. He was impressed that Port Orchard met 5 out of 7 items for the most successful cities and felt that Port Orchard was very well represented. • Will have a report on the November 15, 2012, Town Hall meeting at the end of this week. 10. REPORT OF DEPARTMENT DIRECfORS City Attorney Jacoby reminded Council that at the conclusion of this meeting, there will be a 10 minute meeting to discuss union negotiations. 11. CITIZENS COMMENTS Don Ryan thanked everybody's participation at the Roger Brooks Presentation. The word historically has been used so much through the process and based on the Roger Brooks Presentation; it would be his recommendation that we take the word historically and put it away, stating that we have to think outside the box. We cannot keep doing what we have done historically or we will not prosper. We have to create a new vision. He further added that he met with Mansour's office and spoke about the Downtown Market and a market theme for the downtown area. He stated that we need to start thinking about the future of Port Orchard. Gerry Harmon stated she has been coming to Council meetings for the past five years, mentioning that the City of Port Orchard gave more money to the Kitsap Peninsula Visitor Convention Bureau than any other community over the last few years. She believes that the other community's should help pick up the City's portion this year; as the City has picked up for them for a few years. She further suggested that we should negotiate with the Port Orchard Library about the carpet and it should be worked into the budget, since a lot of people have given up a lot to stay within their budget. Minutes of November 27,2012 Page 10 of1o Mayor Matthes responded by stating he thinks the carpet was a budgeted item out of the Library District Funds, but he will check on that and get back to Ms. Harmon. Councilmember Lucarelli shared that Roger Brooks suggested looking into how lodging tax funds are distributed, recommending to invest more into the Kitsap Peninsula Visitor Convention Bureau. 12. EXECUTIVE SESSION There was no executive session. 13. ADJOURNMENT At 8:56 p.m., Mayor Matthes adjourned the meeting. Brandy Rinearson, CMC, City Clerk ~C'/#~ Timothy C. atthes, Mayor