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10/26/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 26, 2010 1. CALLTOORDERANDROLLCALL Mayor Lary Coppola called the meeting to order at ]:OO p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry 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 Mattin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Ron Bates led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Ron Bates voiced his opposition of the budget being approved, as he thinks it should wait until after the election. 3· APPROVAL OF AGENDA The following item was added to Business Items: • Discussion: Council Email Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to approve the Agenda as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Nos. 54412 through 54464 in the amount of $137,660.53 B. Approval ofthe October 12, 2010, Council Meeting Minutes Councilmember Olin MOVED and Councilmember Clauson seconded the motion to approve the Consent Agenda. Upon vote, the motion passed with six affirmative votes and one abstaining vote. Councilmember Colebank cast the abstaining vote. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Anticipated 2011 City Budget Revenue Sources Minutes of October 26, 2010 Page 2 of? City Treasurer Martin presented the staff repott, noting the City legislative body is required to hold a Revenue Sources Hearing on current expense budget revenue sources for the coming year's budget, including consideration of possible increases in property tax revenues. The hearing is required before the legislative body votes on a property tax levy for the upcoming year. The deadline for setting the levy for property tax collection for 2011 is on or before November 30, 2011; and this hearing will lead to an ordinance being forwarded to the Kitsap County Assessor along with a Levy Certification in order to set the tax levy for 2011. Further, Mr. Martin clarified that "current expense budget" means that budget which is primarily funded by taxes and charges and reflects the provision of ongoing services. It does not mean the capital, enterprise, or special assessment budgets. In response to Councilmember Chang, Treasurer Martin stated that the Hotel/Motel Tax is a separate fund, Community Fund 107, and that it is not patt of the general fund, has its own bank account, and its own budget process. In response to Councilmember Colebank, Treasurer Martin clarified that the City imposes a 1% sales tax and that after the State takes its share the City receives .84%. In response to Councilmember Clauson, Treasurer Martin stated that the library levy would affect property taxes in 2012, with the cutoff being August 1st. Mayor Coppola opened the Public Hearing at 7:36 p.m. In response to Gil Michael, Treasurer Mattin explained that the 1% sales tax the City receives is not a new tax. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:38p.m. 7· BUSINESS ITEMS A. Adoption of Resolution No. 035-10, Granting Final Plat Approval for a 13 Lot Plat Known as McCormick Woods Division 15 Development Director Weaver presented the staff report, noting the site is legally identified as "Tract T' McCormick Woods Second Amended Plat and was subsequently short platted into four lots (Vol. 20, Pg. 56). The final plat is consistent with previously approved Preliminary Plat of Tract T' McCormick Woods Second Amended Plat and the McCormick Woods Master Plan approved in December 1985 with associated FEIS dated August 1985. The proposal is creating 13 single family residential lots on 9.13 acres. The applicant has installed or bonded for roads, sewer, and storm drainage improvements. Streets within this Minutes of October 26, 2010 Page 3 of? final plat are private and are not to be accepted into the City's road system nor do they expect to be. This tract is formerly known as Kenmore Comt at McCormick Woods and was vacated by City Council Resolution No. 017-10. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 035-10, granting final plat approval for McCormick Woods Division 15. Upon vote, the motion passed unanimously. B. Adoption of Resolution No. 036-10, Accepting the Bid for Multi-Space Parking Pay Stations with DGM Controls of Seattle Police Chief Townsend presented the staff report, noting as part of the 2010 annual operating budget, the Police Department budgeted for a switchover to the electronic multi- space parking pay stations. The requirements for the pay stations were advertised for bid on July 16, 2010 and August 13, 2010, with sealed bids due on August 27, 2010. On August 27, 2010, the City Clerk received a total of one (1) written bid. The bid was a qualified bid and was from DGM Controls of Seattle for 2 Parkeon Pay and Display Systems with an option for a third unit at a cost not to exceed $15,000 per unit, which includes all sales tax, permitting, shipping, installation, and first years annual maintenance fees. The purchase price is within the amount budgeted. In response to Councilmember Chang, Police Chief Townsend stated the yearly maintenance fee of the parking pay stations after the first year is approximately $540 per year per unit. Councilmember Chang voiced his opposition of the downtown parking pay station, as it will not accommodate cash customers. Councilmembers Olin and Colebank voiced their support for the downtown parking pay station, noting it will reduce possible theft or damage to the machines and it would be a more efficient and productive use of City staff. In response to Councilmember Clauson, Chief Townsend will bring the increase in parking fees before the Council in January, as staff was in the process of converting the parking resolution into an ordinance. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 036-10, accepting the Multi-Space Parking Pay Stations bid as submitted by DGM Controls of Seattle, Washington in an amount not to exceed $15,000 per unit, which includes all sales tax, permitting, shipping, installation and first years annual maintenance fees with funds allocated for this purpose from the City's general fund. Upon vote, the Minutes of October 26, 2010 Page 4 of7 motion passed with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. C. Adoption of Resolution No. 037-10, Authorizing the Planning Department to Pursue Transfer Development Rights Program Development Director Weaver presented the staff report, noting the Port Orchard Planning Department was awarded by the Washington State Department of Commerce, a $97,000 planning grant to study a potential Transfer of Development Rights (TDR) Program. A prerequisite for the completion of the grant contract is a Resolution of Support, directing the Port Orchard Planning Depattment to pursue and analyze a potential TDR program as part of the 2011 Department work program. The attached resolution has been reviewed and approved by the Department of Commerce as satisfying the grant contract prerequisite and would be submitted in combination with a subsequent signed grant contract. In response to Gil Michael, Development Director Weaver explained that the public will play a major role in the process as the study is put together. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 037-10, authorizing the Planning Department to review a potential Transfer of Development Rights program in 2011. Upon vote, the motion passed unanimously. D. Approval of Contract No. 064-10, Authorizing the Mayor to Execute the Department of Justice, Bureau of Justice Assistance Memorial Grant for Evidence Control and Automation Police Chief Townsend presented the staff report, noting the police depattment has been awarded a grant from the Depattment of Justice, Bureau of Justice Assistance Edward Byrne Memorial Grant for $10,334 to be used for the purchase of equipment to enhance the evidence control and automation in the Police Department. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to approve Contract No. 064-10, authorizing the Mayor to Execute the Department of Justice, Bureau of Justice Assistance Byrne Memorial Grant for the purchase of equipment and software to enhance the Police Department's evidence control and automation in an amount not to exceed$10,334. Upon vote, the motion passed unanimously. Minutes of October 26, 2010 Page 5 of? E. Approval of Change Order No. 11 to Contract No. 002-05, Regarding the Tremont Widening Project with Berger/ Abam Engineers, Inc. Public Works Director Dorsey presented the staff report, noting the Plans, Specifications & Estimate (PS&E) for the Tremont Street Widening Project is currently at approximately 95% completion. Utility coordination ·with PSE/Potelco, Qwest, Cascade Natural Gas, and Wave Broadband Cable has recently been completed as well. Changes, corrections, and modifications from the ExcelTech Constructability Review of the PS&E are being incorporated within the utility coordination modifications. At this point, while right-of-way acquisition is still the primary focus of the project, submittal of the revised 95% PS&E to the Washington State Department of Transportation (WSDOT) for Local Program's (LP) review and approval is on the critical path to "Shovel Ready" status. In order for WSDOT and Berger/Abam to have adequate time and budget to complete this review and approval process, Supplement No. 11 proposes to add contract time and existing budget carry-over into 2011. Councilmember Chang declared a potential conflict due to being employed with Washington State Depattment of Transportation; however, he explained that he does not stand to gain financially from this contract. There were no voiced objections from the listening audience and/ or the Council to his voting on this matter. Councilmember Powers MOVED and Councilmember Olin seconded the motion to approve Change Order No. 11 to Contract No. 002-05, with Berger/Abam Engineers, Inc. for the Tremont Widening Project, thereby extending the contract completion date from December 31, 2010 to June 30, 2011. Upon vote, the motion passed unanimously. F. Approval of Supplemental No. 5, Authorizing the Mayor to Execute Local Agency Agreement for the Bay Street Seawall Project with Washington State Department of Transportation Public Works Director Dorsey presented the staff repmt, noting in February of 2002, the City entered into a Local Agency Agreement with the Washington State Department of Transportation for the Bay Street Seawall Project with design money. The project included construction of a jersey style barrier with anchors placed under the roadway. The majority of the construction was completed before the 4th of July this year. After a site visit from the Washington State Department of Transportation (WSDOT) in mid July, it was noted that a guardrail needed to be placed at the east end of the project to protect motorists as well as the wall. Since the City has completed design, it has come to our attention that we have some federal money remaining in this portion of the project, almost $30,000. This Local Agency Agreement Supplement moves the remaining $12,700 of the federal funding in the design to construction and removes the match the City previously obligated in design. Minutes of October 26, 2010 Page 6 of? This funding will complete the necessary funding for project completion and allow the City to begin closing out this project with WSDOT. Councilmember Chang declared a potential conflict due to being employed with Washington State Department of Transportation; however, he explained that he does not stand to gain financially from this contract. There were no voiced objections from the listening audience and/ or the Council to his voting on this matter. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to approve Supplemental No. 5, and authorize the Mayor to execute Local Agency Agreement for the Bay Street Seawall Project with the Department of Transportation. Upon vote, the motion passed unanimously. G. Discussion: Kitsap 9-11 Memorial Councilmember Olin explained that prior to the recent Kitsap Sun article, the City of Port Orchard had been considered as an alternative location for the 9-11 Memorial; however, this matter was now moot with the decision to place the memorial in the City of Bremerton. H. Discussion: Council E-mail Councilmember Olin wanted to discuss the edict from Mayor Coppola to staff that they were to only correspond with the Council through their City email addresses, noting that he has had trouble accessing his City email account and was comfortable with staff emailing his personal account. Mayor Coppola directed Treasurer Martin to have the City's IT personnel work with Councilmember Olin to resolve his access issues to the City's email system and that it would be accomplished within the week. 8. CITIZENS COMMENTS In response to Jerry Harmon, Development Director Weaver stated he will include Ms. Harmon regarding citizens commenting on the Transfer of Development Rights program. 9. COMMITTEE REPORTS Councilmember Childs announced the Economic Development/Tourism Committee will be held on Wednesday, November 10, 2010, at 5:30p.m. at City Hall. Mayor Coppola directed the City Treasurer to bring the revenue sources ordinance forward to the November 9, 2010, Council meeting. Minutes of October 26 , 2010 Page 7 of7 Councilmember Olin reported that the Public Pro perty Committee was approached for a donation of 2 .75 acres of land b y the Blackjack Creek, of which will becoming before Council at a future meeting. Councilmember Powers announced the AWC a nnual meeting will be held on October 28, 2010, at 5:30p.m. in Bre me rton, and en co uraged all the Council to attend. 10. MAYOR'S REPORT The Mayor Coppola reporte d on the following: • Attended the Finance Committee Budget meeting; • Attended the Chamber of Commerce Candidate's Forum; • Attended 40 under 40, of which three City employees were nominat ed; • Attend the Kit sap County and City's Revenue Sharing meeti ng; • Attended the 10oth Anniversary of the Bethel Grange; • Met with the attorney and Chief of Police regarding a personnel matter ; • Attended a memorial service for Tim Arnold; • Met with Representative Seaquist regarding leg isl ative issu es; • Attended the Kitsap Transit Board meeting; • W as a guest of Nissan's "Al l El ectric" meeting and tour in Tennessee; • Attended the Kitsap Economic Development Alliance Decision Make rs eve nt; • Attended Julian's gr and opening and ribbon cutting ceremony; and • Had lunch with the employee of the fomth q uarter, Officer Ma ureen Wheeler. 11. REPORT OF DEPARTMENT DIRECfORS Development Director W eaver re ported the draft McCormick Woods Park Plan is complet e and has been placed o n t h e City's webs it e for furthe r viewing; and h e will bring the fi nal plan forward to the November 23, 2010, Council m eeting for approval. 12. ADJOURNMENT At 8:29 p.m. Mayor Copp l a adjourned the meeting.