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11/30/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 30, 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, Jerry Childs, John Clauson, Jim Colebank, 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. Excused: Councilmember Fred Olin. A. Pledge of Allegiance Tom Bonsellled the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT James Bresette with Courage to Change spoke in opposition of the Council increasing the Active Club usage fees and asked the Council to consider leaving their monthly usage fee at $4.00 per hour for 2011. 3· APPROVALOFAGENDA Councilmember Colebank MOVED and Councilmember Putaansuu seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmember Olin was absent. Councilmember Colebank MOVED and Councilmember Powers seconded the motion to excuse Councilmember Olin from November 30, 2010, meeting; Councilmember Clauson from the December 14, 2010, Council meeting; and Councilmembers Childs, Chang, and Clauson from the December 21, 2010, Work Study Session. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 4.APPROVALOFCONSENTAGENDA A. Approval of Claim Warrants Nos. 54567 through 54638 in the amount of $226,065.97 B. Approval of the November 9, 2010, Council Meeting Minutes C. Approval of Contract No. 017-10, Authorizing the Mayor to Execute the Revised Interlocal Agreement with Kitsap County Regarding Storm water within the McCormick Urban Village Minutes of November 30, 2010 Page 2 of 11 Councilmember Childs MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING A. McCormick Village Park Master Plan and Preferred Alternative Development Director Weaver presented the staff report, noting the Public Hearing is for public comment and testimony related to the selection of a preferred alternative for the McCormick Village Park and for the McCormick Village Park Master Plan Draft document. Jones and Jones Landscape Architects was the successful bidder for the McCormick Village Park Master Plan project. Cory Parker and Mario Campos, with Jones and Jones Landscape Architects, were the primary design consultants; and have done an excellent job of putting the communities' goals and objectives for the new park to paper. It was a collaborative effott with diligent subcommittee members, and with the general public through involvement in the development of goals and a vision for the park while acknowledging the realities of both fiscal and land form constraints, which have been coalesced into the draft Master Plan document, under discussion today. Throughout the park planning process the Planning Department incorporated public involvement through numerous media types and notification processes. Mailers were placed in utilities billings, flyers were distributed, emails and meeting reminders were sent, news articles were placed in the newspaper, online surveys were conducted, and full project and meeting information was provided on the City's website. City planning staff believes that the preferred alternative is an accurate reflection of community input and clearly depicts the consideration and effort reflected in the subcommittee meetings and comments provided throughout the park planning process. It is the belief of the department that the McCormick Village Park Master Plan document is a product that provides the ability to develop an important City park that will be utilized by all components of the City's residents and in which, the citizens of Port Orchard residents can be proud of. Mayor Coppola opened the Public Hearing at 7:09p.m. Tom Bonsell, Associate Planner, presented an overview of the McCormick Village Park Master Plan, noting the following; • Upon the annexation of McCormick Woods the City received approximately 30 acres of vacant land of which was designated for a park in the McCormick Woods Master Plan; • Approximately 1.5 acres was set aside for construction of a Fire station; Minutes of November 30, 2010 Page 3 ofn • Gem 1 LLC, through a developers agreement, has agreed to donate an additional 15 acres ofland towards the park; • A previous agreement has been made between the South Kitsap Fire District to share some of the facilities and cost associated with the park and entrance to the park; • When the propetty came to the City, $650,000 for park design and development was paid as a park fee by Gem 1 LLC; • Jones and Jones Landscape Architects was awarded the RFP to help design a Master Park Plan for the site; • Park Sub-committee was assembled and met once a month, for four months; • Jones and Jones Landscape Architects helped the subcommittee set principals and goals for the park design process; • Created three themed alternatives; • Took the best of all three alternatives and made it into one preferred plan; and • Planning Commission conducted a Public Hearing and passed Resolution No. 005- 10, in suppott of the preferred plan. Cory Parker, with Jones and Jones Landscape Architects, thanked the Council and appreciated the opportunity to work the City and its citizens on the design of the park. He worked with the subcommittee to develop the following goals: • A protected wetland and forest ecosystem; • People immersed in the park's illuminated natural history and character; • A community of healthy and fit individuals; • A Place where people can come together; and • Equity among a variety and diversity of public park users. After reviewing the different alternatives the subcommittee voiced consensus of the Art and Community alternative and asked to include components from the Nature and Fitness alternative, which resulted in the preferred alternative that is before Council. Mr. Parker pointed out, that in the Park Master Plan there are phasing suggestions, design guidelines, funding ideas, and funding resources, of which may help with getting thinks into the ground for the citizens to see movement, which will help gain support for the project from the community. Dick Davis spoke in favor of the McCormick Village Park Master Plan and Preferred Alternative, noting this Master Park Plan will give the community a chance to say something about the value of our community and that the City can get big things done. He urged the Council to formulate a team that can represent the City to present this plan to potential donors and/or funding grantors, noting it was crucial to keep in mind where the initial funding for this park came from and if done correctly, the citizens will never have to pay for this park. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:24p.m. Minutes of November 30, 2010 Page 4 of11 B. Annexation of McCormick East, File No. A-25-10, with Zoning and Comprehensive Plan Designations Development Director Weaver presented the staff repott, noting the petitioners have submitted a Petition for Annexation to annex three parcels totaling approximately 112-49 acres. The parcels are located in the vicinity of Glenwood Road SW and McCormick Woods Drive SW, within Sections 10 and 15, Township 23 North, Range 1 East, W.M., Kitsap County, Washington. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2006. Parcels 102301-3-008-2002 and 152301-2-013-2002 are currently designated Urban Low-Density Residential in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County's zoning map. Parcel 152301-2-012-2003 is currently designated Public Facility in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County's zoning map. This annexation will bring the southern City limit to the full extent of the Urban Growth Area, west of SR 16. The annexation contains critical areas, including a portion of Square Creek and several small wetlands and hydric soils. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2008, adoption of the 2008 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary, but outside incorporated City limits. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:28p.m. 7· BUSINESS ITEMS A. Adoption of Ordinance No. 023-10, Approving the Annexation Request for McCormick East, File No. A-25-10 Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening regarding City Council Ordinance No. 023-10, for the annexation of three parcels which total approximately 112-49 acres and the associated right- of-ways, located in the vicinity of the intersection of Glenwood Road SW and McCormick Woods Drive SW, within Sections 10 and 15, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, (Tax Parcel Nos. 102301-3-008-2002, 152301-2-013-2002, 152301-2-012-2003). With approval of this ordinance, these properties will have interim City of Port Orchard Zoning and Comprehensive Plan designations as follows: a Comprehensive Plan designation of Residential: Medium Density and RS zoning for Tax Parcels 4800102301-3-008-2002 and 152301-2-013-2002; and a Comprehensive Plan Minutes of November 30, 2010 Page 5 ofn designation of Public and Community Spaces and Community Facilities zoning for Tax Parcel152301-2-012-2003, to become effective upon annexation. In response to Councilmember Chang, Development Director Weaver indicated that the applicant is confident this will pass through the Boundary Review Board process with little to no problems. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 023-10, approving the McCormick East annexation request of three parcels that total approximately 112.49 acres and the associated public right-of-way, and the assumption of city indebtedness by the area to be annexed upon annexation. Upon vote, the motion passed unanimously. Councilmember Olin was absent. B. Adoption of Ordinance No. 024-10, Amending Port Orchard Municipal Code Chapter 15.38 Flood Damage Prevention Development Director Weaver presented the staff repmt, noting the City of Pmt Orchard had approved Ordinance No. 015-10 on July 13, 2010, to update regulations in Pmt Orchard Municipal Code Chapter 15.38 regarding flood damage prevention in order to minimize public and private losses due to flood conditions in order to remain fully compliant with State and Federal Law, and to ensure the City's residents qualify for the National Flood Insurance Program. Upon review of the Port Orchard Municipal Code (POMC) and Ordinance No. 015-10, by FEMA staff, a minor textural change was required to bring the Ordinance and POMC Chapter in compliance with Federal regulations. The sole change is to reference the correctly titled edition and date of the Federal Insurance Administration scientific and engineering repmt entitled "The Flood Insurance Study for Kitsap County, Washington and Incorporated Areas", dated November 4, 2010. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 024-10, to amend Port Orchard Municipal Code Section 15.38.060 Basis for establishing the areas of special flood hazard. Upon vote, the motion passed unanimously. Councilmember Olin was absent. C. Approval of the First Reading of Ordinance No. 025-10, Amending the 2010 Budget City Treasurer Martin presented the staff report, noting the City is nearing the end of its fiscal year and has the need to make a number of budget adjustments as a way to put the budget in line with actual expenditures. The City is required to operate within budgeted appropriations at the fund level. When a budget is anticipated to exceed its legal level of authority, an increase in appropriations is sought from Council. To accomplish this, the Minutes of November 30,2010 Page 6 ofn Council considers budget amendments by adopting a City Ordinance. AE a matter of convenience, the City has a business practice of amending the budget at year end. There is a need to make three adjustments to the 2010 Budget. The first is to adjust the Community Events Fund to reflect the action taken by Council in Resolution No. 039-10, that spends an additional $4,500 on the Festival of Chimes and Lights. The second is to authorize a transfer from the Cumulative Reserve for Municipal Facilities for payment of Blackjack Creek project labor costs as directed in Resolution No. 047-09. The third is approval of transfers from Cumulative Reserve for Water-Sewer to the Water-Sewer Fund for projects completed and those coming due in 2010. Treasurer Ma1tin stated that he knew of no controversy relating to this request to bring spending authority in line with actual expenditures. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to approve the first reading of Ordinance No. 025-10, amending the 2010 Budget for the City of Port Orchard and to direct staff to place Ordinance No. 025-10, on the December 14, 2010, Consent Agenda for final adoption. Upon vote, the motion passed unanimously. Councilmember Olin was absent. D. Adoption of Ordinance No. 026-10, Amending Port Orchard Municipal Code Chapter 3.08 Relating to the Advance Travel Expense Revolving Fund City Clerk Kirkpatrick presented the staff report, noting RCW 42.24.120 allows for advancement funds to officers and/or employees for travel expenses. Port Orchard Municipal Code 3.08 sets forth the criteria for the City's advance travel fund. Over the last year, it has become increasing difficult to offer advance travel funds to officers and/ or employees due to the availability of funds in the account. Further, the City Clerk is designated as the custodian of the fund and is the sole signer of checks for this account. There are times when the City Clerk is not available to sign the checks and/or prepare the necessary paperwork and times when the City Clerk has to turn away requests for advance travel funds due to a low account balance. The City Clerk proposed to the Finance Committee that additional signers be added to the account, namely the Deputy Clerk and Mayor; and to increase the fund balance to $2,000. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to adopt Ordinance No. 026-10, amending Port Orchard Municipal Code Chapter 3.08 relating to the Advance Travel Expense Revolving Fund. Upon vote, the motion passed unanimously. Councilmember Olin was absent. Minutes of November 30, 2010 Page 7 ofn E. Adoption of Resolution No. 041-10, Repealing Resolution Nos. 014-05 and 023-10, and Reestablishing Regulations and Fees Related to Parking, Stopping, or Standing in Certain Areas of City Police Chief Townsend presented the staff report, noting as part of the move to incorporate new parking pay kiosks in the waterfront lot no. 4, it was necessary to raise the parking rates to pay for the kiosks and make other minor modifications to the parking resolution to accommodate the new way of collecting parking fees. He noted the following main changes to the Resolution: 1. Lot 1 (located between the marina office and Kitsap Bank drive-thru), which used to host paid parking, permit parking, and 4 hour free parking will no longer host paid parking. Only permit and 4 hour free parking will be located in this lot. 2. A new category of paid parking was added called "hourly public parking", which will be $1 per hour. In the past you had to pay for all day parking to park in lot 4 (located between the port's child play area and the library). Now you have the ability to buy parking based upon 1 hour increments. 3. The daily parking rate was increased from $3 per day to $5 per day. 4. The monthly parking rate was increased from $60 per month to $90 per 31 day period. This allows someone to buy a pass on Januaty 15th, for example, and it is good until February 14th. These monthly passes will be purchased directly from the kiosk, where in the past the customer had to go to City Hall. 5. The downtown merchant parking pass remains at the same level since 2005, which is $30 per month. Merchant passes will continue to be purchased at the City Treasurer's office. 6. The registered carpool parking pass remains at the same level since 2005, which is $30 per month. Carpool passes will continue to be purchased at the City Treasurer's office. 7. The contractor's parking pass was increased from $5 per day to $8 per day. Contractor's passes will continue to be purchased at the City Clerk's office. 8. The process of obtaining the parking receipt from the kiosk and proper display of it and the monthly hangtags is detailed to avoid confusion and ensure compliance so they are clearly visible to parking enforcement. 9. Changes will be effective January 1, 2011. In response to Councilmember Putaansuu, Police Chief Townsend stated that if the machine sold more tickets than parking spaces, he would address the issue at that time; however, he did not believe this would be an issue. In response to Councilmember Chang, Police Chief Townsend will be providing public outreach such as advertising notices, signage, and personal assistance when the machines are activated. Minutes of November 30, 2010 Page 8 ofn Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve Resolution No. 041-10, repealing Resolution Nos.014-05 and 023-10, and reestablishing regulations and fees related to parking, stopping or standing in certain areas of the City. Upon vote, the motion passed unanimously. Councilmember Olin was absent. F. Adoption of Resolution No. 042-10, Accepting the Donation of Real Property for Park Purposes and Authorizing the Mayor to Execute the Property Donation Agreement with Carol H. Henrikson Development Director Weaver presented the staff report, noting Ms. Henrikson approached City staff with a request to donate one parcel that she owns along Blackjack Creek (parcel number 352401-4-012-2004). The parcel is located northeast of the intersection of Sidney Avenue and SE Lund Avenue, off of Jones Drive. It is 2.76 acres in size and is heavily forested, with the eastern propetty line bordering Blackjack Creek. This donation was reviewed by the Public Properties Committee at their October 12, 2010, meeting and a recommendation to approve and accept this donation was made to the City Council. A Property Donation Agreement has been signed by Ms. Henrikson for the Council's consideration. With the attached executed agreement, the City Council can authorize the Mayor to sign it on behalf of the City and record it at the County Assessor's office. By doing so, it will provide for future public use of this parcel and preserve it from potential development. In response to Councilmember Clauson, Development Director Weaver stated there is no direct access to the parcel at this time. However, he hopes it will be included into the Blackjack Creek Trail project. Councilmember Powers MOVED and Councilmember Chang seconded the motion to adopt Resolution No. 042-10, accepting conveyance of the subject property on the terms and conditions as stated in the Property Donation Agreement attached hereto as Exhibit A and authorizing the Mayor to execute the Agreement on behalf of the City and to acquire the subject property in accordance with the Agreement. Upon vote, the motion passed unanimously. Councilmember Olin was absent. G. Approval of Contract No. 017-11, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County for Incarceration of Juvenile City Prisoners for Municipal Court Police Chief Townsend presented the staff report, noting this agreement is between the City of Port Orchard and Kitsap County Juvenile Department to allow juvenile offenders, within the jurisdiction of Port Orchard Municipal Court, to be housed at the Kitsap County Youth Services Center. The agreement is limited to detention of juveniles for offenses, which are Minutes of November 30, 2010 Page 9 ofn within the jurisdiction of the Port Orchard Municipal Court and charged within the City court. All youth held within the juvenile facility on offenses otherwise subject to the jurisdiction of other courts, including but not limited to, Kitsap County Superior Court are not governed by this agreement. The detention of a juvenile for Port Orchard Municipal Court is rare and may average about 1 detainee or less per year. Most juvenile charges are filed in the Kitsap County Superior Court. The only offenses filed for juveniles in Port Orchard Municipal Court are driving violations for juvenile violators between 16 and 18 years of age. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve Contract No. 017-11, authorizing the Mayor to execute an Interlocal Agreement with Kitsap County regarding incarceration of Juvenile detainees for Port Orchard Municipal Court offenses. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 8. CITIZENS COMMENTS There were no citizen comments. 9· COMMITTEE REPORTS Councilmember Putaansuu reported on the Utilities Committee recommendations to the 2011 Budget as follows: • Sewer and Water Fund 403 had $2.2 million in reserves; • Recently passed rate increase to help fund our 10-year Capital Facilities Plan; • Recommend spending $1.9 million and leaving $304,000 in reserves; • $10,000 for the USGS ground water study; • $15,000 change order for the additional depth to Well no. n; • $265,000 for the conversion of the remaining 61 homes in McCormick Woods from step systems to a conventional sewer system; • $30,000 to continue to moderations to the Scada, which controls and monitors pumps and sewer facilities electronically; • $40,000 to modify the pump station at Harrison Hospital; • $1.4 million for the construction for the force main along Tremont Street; • $130,000 for a portable generator for lift stations; • $8o,ooo for well no. 9, to help resolve the water quality issue. Councilmember Colebank gave a report from the Regional Peninsula Policy Board meeting indicating a few issues coming up in the next year are the discussion of the Gorst area interchange and the Belfair bypass. Minutes of November 30,2010 Page 10 of 11 Councilmember Childs announced that the Festival of Chimes and Lights is being held on Saturday, December 4, 2010, starting at 12:00 p.m. in the downtown area of Bay Street. Mayor Coppola directed Councilmember Childs coordinate the annual "Good Neighbor Award" tour with the other Councilmembers. 10. MAYOR'S REPORT The Mayor Coppola repotted on the following: • Attended the Veteran's Day Ceremony; • Meet with a number of citizens regarding various issues related to parking; • Attended the Port Orchard Party; • Attended the CENCOM Board meeting; • Attended the Kitsap Transit Board meeting; • Attended the Lions Club Celebration honoring Delilah of the "Women of the Year"; • Met with lobbying firm Gordon Thomas Honeywell regarding the City's legislative agenda; • Helped with the Boys and Girls Club Wine Auction fundraiser; • Attended the Bay Street Association meeting; • Attended the Harbor Wellness Center ribbon cutting ceremony; • Attended the Finance Committee for Housing Authority; • Attended a presentation given to two Eagle Scouts; • Attended Mr. William Wren's l001h Birthday Celebration; • Helped serve dinner on Thanksgiving Day at Moon Dogs; • Attended a local business person's Bitihday and Food fundraiser; • Gave a tour of City Hall to a Cub Scout Troup; • Attended the pre-grand opening of7-ll; • Met with the City's labor Attorney; and • Attended a meeting with the County Commissioners, faith based organizations, and non- profits regarding the homeless issue. 11. REPORT OF DEPARTMENT DIRECTORS Development Director Weaver reported as of November 24, 2010, the City has officially opted out of the Revenue Sharing Agreement with Kitsap County; and the Citizen Group is interested in reinitiating the annexation of the Bethel Corridor. City Attorney Jacoby reminded the Council that following tonight's meeting they will be convening into a meeting regarding labor negotiations. City Treasurer Martin reported the Public Hearing regarding the 2011 Budget is being held on Monday, December 6, 2010. Minutes of November 30, 2010 Page 11 ofu Public Works Director Dorsey thanked his staff for stepping up to deal with the few days of weather related issues. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to cancel the December 21, 2010, Work Study Session and to Postpone the December 28, 2010, Council meeting to January 11, 2011. Upon vote, the motion passed unanimously. Councilmember Olin was absent. City Clerk Kirkpatrick announced that Mayor Coppola has achieved the AWC's Certificate of Municipal Leadership. Achieve ment of this ce1tificate truly demonstrates the essential knowledge and skills to be an effect ive municipal leader. 12. ADJOURNMENT At 8:21p.m. Mayor Coppola adjourned the meeting.