09/14/2010 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of September 14, 2010
1. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob
Putaansuu and Councilmembers Fred Chang, Jeny Childs, John Clauson, 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, Deputy Clerk Rinearson, and City Attorney Jacoby were also
present.
A. Pledge of Allegiance
Elayne Stadola led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
There were no citizen comments.
3· APPROVAL OF AGENDA
Councilmember Olin MOVED and Councilmember Clauson seconded the
motion approving the Agenda. Upon vote, the motion passed unanimously.
4· APPROVALOFCONSENTAGENDA
A. Approval of Claim Warrants Nos. 54149 through 54258 in the amount of
$337,354.06; Augusts' Payroll Warrant Nos. 143280 through 143336 in the amount
of $468,771.51; and Treasurer's check book in the amount of $3,518,850.32.
B. Approval ofthe August 17, 2010 Work Study Session Minutes
C. Approval of the August 24, 2010 Council Meeting Minutes
D. Adoption of Resolution No. 029-10, Repealing Resolution No. 1576, and Dissolving
the Change Fund in the Port Orchard Building Depmtment
Councilmember Powers MOVED and Councilmember Childs seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
5· PRESENTATION
A. Proclamation: Constitution Week
Mayor Coppola read the Constitution Week proclamation into the record and presented the
proclamation to Elayne Stadola who thanked the Council for their continued support.
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6. PUBLIC HEARING
No Public Hearings were held.
7. BUSINESS ITEMS
A. Meeting with Initiating Parties Regarding Notice of Intent to Petition for
McCormick East Annexation
The following motion was brought forward from the August 24, 2010, Council meeting:
Councilmember Powers MOVED and Councilmember Chang seconded the motion to
allow the applicant to submit a revised Notice of Intent which geographically
modifies the proposed McCormick East annexation to include the twelve parcels as
listed in the staff report and identified on the McCormick East Annexation
Alternative Map.
Development Director Weaver presented the staff report, noting this matter had been
postponed to this meeting. A Notice of Intent to Petition for Annexation was received on
August 05, 2010, to annex two parcels totaling approximately 109.88 acres. The parcels are
located west of Glenwood Road SW, and north and south of McCormick Woods Drive SW,
in portions of Section 10 and Section 15, Township 23 North, Range 1 East, W.M., In Kitsap
County, Washington. The parcels are in the City's currently recognized Urban Growth Area.
The parcels have a County Comprehensive Plan designation of Urban Low-Density
Residential with zoning of Urban Low Residential. The notice of intent was considered by
City Council on August 24, 2010 at the Council regular meeting and was postponed to the
September 14, 2010 meeting. These two parcels comprise a portion of the unincorporated
Urban Growth Area located to the east of the McCormick Woods annexation area, south of
the Walden-Tanner-Lingerfeldt Annexation area (annexed August 13, 2007) and the
Washburn-Grant-Crother Annexation area (annexed May 09, 2009). There are ten
additional unincorporated parcels in this general UGA area. One parcel houses the South
Kitsap Fire & Rescue District 7 Substation at McCormick Woods Drive SW and Glenwood
Road SW. One is a small wedge-shaped undeveloped parcel fronting on Glenwood Road
SW. One parcel straddles Glenwood Road SW, with the undeveloped pmtion to the west in
the UGA. The remaining seven parcels are developed for single family residential use. The
additional ten parcels were included in McCormick East annexation area as proposed by the
2009 Planning Department map delineating future areas of annexation. The area of all
twelve parcels effectively includes annexation of the entire UGA in this area. The Notice of
Intent provided by the applicant leaves the Fire District parcel as an island, disconnected
from the other nine remaining parcels in the area, necessitating two separate annexation
processes if the City were to incorporate the remainder of the UGA into the City.
Additionally, the boundary as proposed may not meet the logical boundary objective of the
Boundary Review Board (RCW.36.93.18o) or by Kitsap County. RCW 35.13.125 requires the
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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 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. The notice of intent was conducted on August 24, 2010 at the City
Council regular meeting and was postponed to the September 14, 2010 meeting. City
Council directed Department staff to conduct a survey of the property owners who may be
included in the McCormick East annexation area. A survey was conducted and a positive
response from more than the majority of property owners was expressed.
Councilmember Powers MOVED and Councilmember Chang seconded the
motion to amend by inserting the language, to require the simultaneous
adoption of a comprehensive plan for the area to be annexed; and to require
the assumption of existing city indebtedness by the area to be annexed. Upon
vote, the motion passed unanimously.
Upon vote, the main motion as amended passed with four affirmative votes
and three dissenting votes. Councilmembers Clauson, Putaansuu, and Childs
cast the dissenting votes.
Councilmember Colebank MOVED and Councilmember Childs seconded the
motion to reconsider the vote of the main motion as amended. Upon vote, the
motion passed with five affirmative votes and two dissenting votes.
Councilmembers Chang and Olin cast the dissenting votes.
The main motion as previously amended, moved, and seconded remained before the
Council for consideration:
Councilmember Powers MOVED and Councilmember Chang seconded the
motion to allow the applicant to submit a revised Notice of Intent which
geographically modifies the proposed McCormick East annexation to include
the twelve parcels as listed in the staff report and identified on the McCormick
East Annexation Alternative Map and to require the simultaneous adoption of
a comprehensive plan for the area to be annexed; and to require the
assumption of existing city indebtedness by the area to be annexed. Upon vote,
the motion Failed with three affirmative votes and four dissenting votes.
Councilmembers Childs, Clauson, Colebank, and Putaansuu cast the
dissenting votes.
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Councilmember Clauson MOVED and Councilmember Putaansuu seconded
the motion to allow the applicant to modify the Notice of Intent to Petition for
Annexation by expanding the geographic area to be annexed from the two
parcels initially proposed to include Fire Station parcel as listed in the staff
report and identified on the McCormick East Annexation Alternative Map; to
require the simultaneous adoption of a comprehensive plan for the area to be
annexed; and to require the assumption of existing city indebtedness by the
area to be annexed. Upon vote, the motion passes with six affirmative votes
and one dissenting vote. Councilmember Chang cast the dissenting vote.
B. Adoption of Resolution No. 030-10, Amending Resolution No. 123-09, by
Establishing a COLA Increase for Non-Union FLSA Not Exempt Employees
Human Resource Coordinator Howard presented the staff report, noting at the August 27,
2010, Finance Committee meeting Staff was directed to proceed with a two percent (2%)
COLA to match the union contracts for 2010 as recommended by the Finance Committee
for FLSA Not Exempt employees.
Councilmember Childs MOVED and Councilmember Clauson seconded the
motion to adopt Resolution No. 030-10, amending Resolution No. 123-09, by
establishing a COLA increase effective October 1, 2010, for non-union
represented employees classified as FLSA Not Exempt. Upon vote, the motion
passed unanimously.
C. Adoption of Resolution No. 031-10, Amending Resolution No. 122-09, By
Establishing a COLA Increase for Non-Union FLSA Executive Exempt
Human Resource Coordinator Howard presented the staff report, noting at the August 27,
2010, Finance Committee meeting Staff was directed to proceed with a two percent (2%)
COLA to match the union contracts for 2010 as recommended by the Finance Committee
for FLSA Executive Exempt employees.
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 031-10, amending Resolution No. 122-09, by
establishing a COLA increase effective October 1, 2010, for non-union
represented employees classified as FLSA Executive Exempt. Upon vote, the
motion passed unanimously.
D. Approval of Resolution No. 032-10, Approving the Planning Department's
Administrative Assistant Position to Full Time through 2010
Human Resource Coordinator Howard presented the staff report, noting on August 27,
2010, the Finance Committee met and recommended support of the Planning Department's
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proposal to change the Planning Department's Administrative Assistant to full time. The
proposal from the Planning Department, identifying the existing shoreline tasks performed
by the position, utilized Department of Ecology 2010 Shoreline Grant Funding and resulted
in no change to the 2010 Planning Budget for making the Administrative Assistant position
full time for the remainder of 2010. The Planning and Engineering Department's existing
resources were historically provided through a job share for this position, first reviewed by
the Finance Committee on February 20, 2008 and approved by City Council in March 11,
2008. The HR Coordinator met with the Planning Depattment Administrative Assistant to
ensure full understanding that this position would be supported by a portion of the
Shoreline Master Grant to ensure full time status through the end of 2010; and further that
there was no guarantee that this full time funding and/or status would remain in the 2011
budget until it was approved. In discussing this matter with Assistant City Attorney, Dave
Luxenberg, the Planning Department Administrative Assistant has agreed to sign a
memorandum of understanding that she will have full time status through the end of 2010
and that there was no guarantee that full time funding would be allocated in the 2011
budget.
Councilmember Colebank MOVED and Councilmember Childs seconded the
motion adopt Resolution No. 032-10, approving the Planning Department's
Administrative Assistant position to full time with salary and benefits through
the end of 2010, utilizing a portion of the DOE Shoreline Grant funds in the
amount of $11,429.64; and further authorize the Mayor to execute a
memorandum of understanding with the Administrative Assistant that full
time funding may not be allocated as part of the 2011 budget. Upon vote, the
motion passed unanimously.
E. Approval of Contract No. 071-09, Extending Completion Date for the
Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project with N. L.
Olson and Associates, Inc.
Public Works Director Dorsey presented the status report, noting on October 27, 2009, the
City of Port Orchard Public Works Department executed a contract with N.L. Olson and
Associates, Inc. for the design of the Bay Street Pedestrian Enhancement Project. On
March 9, 2010, the City of Port Orchard executed Supplement 1 to the contract extending
the expiration date to September 30, 2010. The contract is for plans, specifications, cost
estimate, and environmental permitting of a one-mile segment of pedestrian path adjacent
to Sinclair Inlet. The design is currently 85% complete and a time extension is needed to the
contract. The extension is necessary due to the time it is taking the Port of Bremerton and
City Council to decide which alternative will be used for design around the Port of
Bremetton property. At present the contract is due to expire on September 30, 2010, Staff
is requesting a time extension to March 31, 2011, as this will allow Olson and Associates to
finish design and permitting.
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Councilmember Powers MOVED and Councilmember Olin seconded the
motion to approve Supplemental Agreement No. 2 for Contract No. 071-09,
thereby authorizing the Mayor to extend the contract with N.L. Olson and
Associates, Inc. for design of the Mosquito Fleet Trail Bay Street Pedestrian
Enhancement Project to March 31, 2011. Upon vote, the motion passed
unanimously.
F. Ratification of Mayor's Signature on Contract No. 056-10, for 2011
Stormwater Retrofit and LID Grant Application with the Department of
Ecology
Assistant City Engineer Archer presented the staff report, noting in August of this year, the
City had an opportunity from the Washington State Department of Ecology (Ecology) to
submit funding applications for Stormwater Retrofit and Low Impact Development (LID)
projects. Staff reviewed potential projects and decided to try to secure funding for the
stormwater portion of the Cedar Heights Junior High Sidewalk Project. The grant
application required a 25% match for this application. Staff revised the Engineer's
Estimate, and separated stormwater into a separate funding schedule. The stormwater
portion to is determined to be $180,000, of which $135,000 was requested in grant funding
on the application. To meet the application deadline, Staff did not have sufficient time to
seek approval of the Mayor's signature prior to submittal and are thus seeking to ratify the
Mayor's signature on the application. The City's application was submitted to Ecology on
August 30, 2010, for review and the City will know if it was successful on this attempt to
secure funding by the end of the year.
Councilmember Olin MOVED and Councilmember Putaansuu seconded the
motion authorize the Mayor's signature on the Cedar Heights Junior High
Sidewalk Stormwater Retrofit Grant Application, Contract No. 056-10, for the
Washington State Department of Ecology in the amount of $135,000. Upon
vote, the motion passed unanimously.
G. Approval of Contract No. 048-10, Authorizing the Mayor to Execute and
Accept the Municipal Stormwater Capacity Grant with the Department of
Ecology
Assistant City Engineer Archer presented the staff report, noting in June of this year, the
City received a letter from the Washington State Department of Ecology (Ecology) offering
funding for the City's municipal stormwater system. Council approved the Grant
Acceptance Intent Notice on June 22 and Staff returned the notice to Ecology. The funding
is a grant, with no match required, which the City may use to meet compliance with the
City's Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. Staff
is requesting to use the funding primarily for equipment so Public Works Staff may
perform tasks to meet permit compliance.
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Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to authorize the Mayor to execute Municipal Stormwater Capacity
Grant Agreement No. Guooo84, (City of Port Orchard Contract No. 048-10),
between the Washington State Department of Ecology and the City of Port
Orchard in the amount of $98,839. Upon vote, the motion passed
unanimously.
H. Approval of Contract No. 057-10, Authorizing the Mayor to Execute
Contract with Apply-A-Line for the 2010 Street Paint Striping
Public Works Director Dorsey presented the staff report, noting on May 6, 2010, the City
of Port Orchard Public Works Department issued Purchase Order No. 043-10 to the
Kitsap County Depattment of Public Works for the City's annual street paint striping
program. Kitsap County was unable to obtain the necessary paint supplies due to a
national paint shortage. Therefore, as an alternative measure, the City has requested bids
from companies listed on the 2010 Public Works Small Works Roster. By August 26,
2010 the City received two (2) bids as follows:
Apply-A-Line, Inc.
Stripe Rite, Inc.
$28,512.93 (incl. tax)
$57,232.20 (incl. tax)
Staff has determined that Apply-A-Line is the lowest qualified bidder. Given the late date
in the paint striping season, the City will attempt to have this work completed in 2010. If
unable to do so due to weather conditions, this activity will be cancelled for 2010.
Councilmember Chang MOVED and Councilmember Colebank seconded the
motion authorize the Mayor to execute Contract No. 057-10, with Apply-A-
Line, Inc. for the 2010 Street Paint Striping in an amount not to exceed
$29,000 (including sales tax) with the contract term beginning September 15,
2010 and ending October 15, 2010. Upon vote, the motion passed
unanimously.
I. Approval of Contract No. 058-10, Authorizing the Mayor to Execute an
Interlocal Agreement with Kitsap County Regarding Traffic Signal and
Street Light Maintenance
Public Works Director Dorsey presented the staff report, noting on September 15, 1998, the
City of Port Orchard entered into an Interlocal Agreement (ILA) with the City of Bremerton
for Traffic Signal and Street Light Maintenance at Intersections, with the effective date
being January 1999. The City of Bremetton's Signal Shop has recently seen a drastic
reduction in staff over the last 2 years and the City of Port Orchard Public Works
Department has now solicited Kitsap County to perform these services. The current ILA
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with the City of Bremerton specifies that "This Agreement shall automatically be renewed
on a calendar year basis unless written notice of termination is given by either party by the
preceding October 1 of any such year." In general, the City of Bremerton has recently
charged $398.95 per signaljmonth and Kitsap County will be charging $280.76 per
signaljmonth (billed quarterly.)
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion to authorize the Mayor to execute an Interlocal Agreement No. 058-10,
between Kitsap County and the City of Port Orchard relating to an annual
Traffic Signal and Street Light Maintenance at Intersections, commencing
January 1, 2011, with an automatic renewal; unless written notice of
termination is received prior to October 1, of any such year. Upon vote, the
motion passed unanimously.
J. Approval of Public Event Application: Waterfront Art Walk
City Clerk Kirkpatrick presented the staff report, noting each year several organizations
request permission to close certain City streets; request the use of City parking lots; or use
City Parks. Mallory Jackson with P01t Orchard Bay Street Association submitted an
application for the Annual Art Walk event that will held at the downtown businesses along
Bay Street and Harrison Avenue on Friday, September 17, 2010 and Friday, October 15,
2010. The event will include use of City right-of-way's. City Departments, as well as the Fire
Depattment, will be reviewing the application and will submit their recommendations
and/or comments.
Councilmember Colebank MOVED and Councilmember Childs seconded the
motion to approve the public event application for an Art Walk event that will
be held at the downtown business along Bay Street and Harrison Avenue on
Friday, September 17, 2010 and Friday, October 15, 2010, based upon City
Department and Fire Department approvals. Upon vote, the motion passed
unanimously.
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to excuse Councilmember Olin from the September 28, 2010, Council
meeting. Upon vote, the motion passed unanimously.
8. CITIZENS COMMENTS
There were no citizen comments.
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9· COMMITIEE REPORTS
Councilmember Colebank stated he and the Mayor attended the recent Kitsap Economic
Development Alliance meeting.
Councilmember Childs announced the Economic Development Tourism Committee
meeting will be held Wednesday, September 15, 2010 at 5:30p.m. at City Hall regarding the
Festival of Chimes and Lights preparation; Guest Speakers included Kathy Cocus with
Kitsap Economic Development Alliance and Sheila Cline who would be speaking regarding
a fundraising opportunity for Chimes and Lights.
Councilmember Olin repotted on the following Public Property Committee Meeting items:
o Pictures of the new benches and picnic tables that were donated by the Rotary for the
Clayton Park were provided and to look for an announcement regarding a ribbon
cutting ceremony to honor and thank the South Kitsap Rotary;
o Paul Powers Park has been cleaned up and the new fencing is in place;
o A street vacation will be coming forward at the September 28, 2010, Council
meeting;
o Met with the Kitsap Regional Library to review their contract. The KRL will provide a
proposal of what they can assist the City in for maintenance of the existing building
at the October meeting; and
o Reviewed a request from the Veterans of Foreign Wars (VFW) regarding placement
of a monument at the waterfront. This matter will be brought forward to the
September 21, 2010, work study session.
10. MAYOR'S REPORT
The Mayor Coppola reported on the following:
o Attended the Port of Bremerton's Commissioner Work Study meeting regarding the
proposed parking garage, of which they passed a resolution showing their support ;
o Met with Hans Dunshee Thomas, Chair of the House Capitol Budget Committee, at
the offices of Gordon Thomas Honeywell regarding how to better present the Parking
Garage proposal to the legislatures;
o Attended Kitsap Regional Coordinating Council Executive Committee regarding the
County-wide Planning Policy moving forward and the upcoming Board Retreat;
o Attended the 911 Ceremony put on by the VFW with local first responders;
o Began work on the 2011 Budget and met with the City Clerk regarding the Council,
Mayor, HR, and Administrative Services budget;
o Will meet with other Department Directors regarding the 2011 Budget next week;
o Met with the Kitsap County Bar Association regarding their proposed parking passes;
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• Attended the Port Orchard Chamber Luncheon where Bill Stewatt with Kitsap
Economic Development Alliance was the speaker;
• Attended the Board Kitsap Economic Development Alliance meeting;
• Addressed the joint meeting of the Port Orchard and Bremetton Chamber meeting
along with Mayor Lent of Bremerton and gave the State of the City speech;
• Attended a conference call with the City Clerk and Qwest regarding City phones;
• Met with former Port Angeles Mayor and Karen Rodger, Former AWC President
regarding establishing relationships with legislatures and help find funding for the
proposed parking garage;
• Attended the Kitsap County Association of Realtors Luncheon where Congressman
Dicks was a speaker;
• Attended the Kitsap County Housing Authority Finance Committee meeting;
• Met with consultant who is working with the Kitsap Regional Coordinating Council
on the feasibility of establishing a self-insured group among cities, counties, and
other taxing authorities to look at health care benefits; and
• Attended the First Lutheran Church Celebration, along with Councilmembers Olin
and Colebank.
11. REPORT OF DEPARTMENT DIRECfORS
Public Works Director Dorsey provided an update on the Tremont Widening indicating the
constructability review and utility design have been submitted to Berger Abam and pushing
to get the PSE&E 100% before the end of the year and noted 11 of the right-of-way
acquisitions have been settled and 19 are in negotiation; Bay Street Seawall change order
regarding change of conditional will be brought forward to the September 28, 2010 Council
meeting; and the Kitsap County-wide Earthquake Drill will be held on September 22, 2010.
Development Director Weaver reported on the annexation of the Sydney-Glen Elementary
School, which will help to ensure school zone lights and speeds are consistent in the area;
and noted the Planning Department received a grant from the Department of Commerce in
the amount of $97,000 to conduct a transfer and development right planning study.
City Clerk Kirkpatrick reported that the annual Association of Washington Cities' District
meeting will be held on October 28, 2010, in Bremerton and she will provide additional
information as it becomes available; and that a street vacation will be coming forward at the
September 28, 2010, Council meeting to set the date and time of the Public Hearing.
At 8:51p.m. Mayor Coppola reconvened the meeting after a five-minute recess.
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12. EXECUTIVE SESSION
At 8:51 p.m. Mayor Coppola recessed the meeting for a 30-minute executive session
regarding potential litigation in accordance with RCW 42.30.110(B). City Attorney Jacoby,
City Clerk Kirkpatrick, Chief Alan Townsend, and Public Works Director Dorsey were
invited to attend and the Mayor announced that no action would be taken as a result of the
executive session.
At 9:21p.m. Mayor reconvened Council back into regular session.
13. ADJOURNMENT
At :21 p.m. May r Coppola adjourned the meeting. /
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