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12/14/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of December 14, 2010 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, Human Resource Coordinator Howard, and City Attorney Jacoby were also present. Excused: Councilmember John Clauson A. Pledge of Allegiance Dick Davis led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Gil Michael opposed the Council's approval to raise property taxes and requested the Council rescind the tax; and the hiring of a lobbyist during these economic times. 3· APPROVALOFAGENDA The following item was removed from the Consent Agenda and placed under Business Items: • Approval of the November 16, 2010, Work Study Session Minutes The following item was added Business Item: • Approval of Warrants for Budgeted Items Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 54639 through 54765 in the amount of $633,781.79; November's Payroll Warrant Nos. 143479 through 143532 in the amount of $479,002.15; and Treasurer's check book in the amount of $2,512,516.93. B. Appre•;al efthe NeveaffieF 16, 2010, Werk Sti'uly SessieR MiRHtes C. Adoption of Ordinance No. 025-10, Amending the 2010 Budget D. Adoption of Resolution No. 043-10, Confirming Mayoral Appointments to the Planning Commission, Library Board, Design Review Board, and the Building Board of Appeals E. Adoption of Resolution No. 044-10, Approving the Planning Department's Administrative Assistant Position to Remain Full-Time Through 2011 F. Approval of Contract No. 018-n, Authorizing the Mayor to Execute an Agreement with the Doctor's Clinic for CDL/DOT Exam and Certificates Minutes of December 14, 2010 Page 2 of8 G. Approval of Contract No. 019-11, Authorizing the Mayor to Execute an Agreement with AWC for 2011 Retrospective Rating Program H. Approval of Change Order No. 3 to Contract No. 007-09, Authorizing the Mayor to Extend Expiration Date with Pacific Air Control, Inc. for HV AC Maintenance I. Approval of Change Order No. 6, Authorizing the Mayor to Execute an Amendment to the Design Agreement for Bay Street Schedule 74 Underground Conversion Project with Puget Sound Energy J. Approval of Amendment No. 1 to Contract No. 025-10, Authorizing the Mayor to Extend Contract Date for Janitorial Services with ABM J ani to rial Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. Human Resource Coordinator Howard left the Council meeting at 7:09p.m. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING A. 2010 Update to Port Orchard Municipal Code Title 16: Land Use Regulatory Code Development Director Weaver presented the staff report, noting in an effort to accommodate the efficient and equitable processing of development applications as well as, implementing the goals and policies within the Port Orchard Comprehensive Plan, the Port Orchard Planning Department has worked with the Planning Commission under Council direction to develop proposed changes to the Port Orchard Municipal Code Title 16: Land Use Regulatory Code. Planning Commission input and consideration was identified as an essential step for implementation and needed clarifications to our existing code and regulations that support the goals and policies of our Comprehensive Plan. Meetings were noticed and held with the Planning Commission in January, February, March, and April of 2010. Draft code language was prepared as a result of the Planning Commission recommendations, which are set forth in the Planning Commission Resolution No. 002-10. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:12p.m. B. 2010 Amendments to tile Port Orchard Comprehensive Plan Development Director Weaver presented the staff report, noting this Public Hearing was being conducted for the 2010 City of Port Orchard Comprehensive Plan Amendments, in accordance with RCW 36.70A.130 and POMC 16.05.080. The Growth Management Act (GMA), RCW 36.70A states, as a general rule, each city that plans under the GMA may amend its comprehensive plan no more frequently than once every year These site-specific and city-wide amendments were developed in consideration of the goals of the GMA for the development of local comprehensive plans, as Minutes of December 14, 2010 Page 3 of8 codified at RCW 36. 70A.020, and reflect a careful balancing of these goals within the local conditions of the City of Port Orchard. These amendments were developed from and are consistent with the Kitsap Countywide Planning Policies (CPPs). The Port Orchard Planning Commission unanimously passed Planning Commission Resolution No. 007-10 and Planning Commission Resolution No. oo8-1o, recommending support of the 2010 updates to the Port Orchard Comprehensive Plan. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at7:16 p.m. 7· BUSINESS ITEMS A. Approval of the November 16, 2010, Work Study Session Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the November 16, 2010, Work Study Session meeting minutes. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. B. Approval of the November 30, 2010, Council Meeting Minutes Councilmember Colebank MOVED and Councilmember Childs seconded the motion to approve the November 30, 2010, Council meeting minutes. Upon vote, the motion passed withfive affirmative votes and one abstaining vote. Councilmember Olin cast the abstaining vote. Councilmember Clauson was absent. C. Approval of the December 6, 2010, Council Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the December 6, 2010, Council meeting minutes. Upon vote, the motion passed with five affirmative votes and one abstaining vote. Councilmember Colebank cast the abstaining vote. Councilmember Clauson was absent. D. Adoption of Ordinance No. 027-10, Approving the 2011 Budget City Treasurer Martin presented the staff report, noting the Mayor of Port Orchard completed and placed on file a proposed budget and estimate of the amount of the monies required to meet the public expense, bond retirement and interest, reserve funds, and expense of the government of the City for the fiscal year ending December 31, 2011. As required, the City Council held a public hearing on revenue sources for the coming year's budget, including consideration of possible increases in property tax revenue. The Finance Committee met independently to study the proposed budget, and held budget interviews that required the presence of department heads. Input was sought from the full Council. A final hearing seeking public input on the proposed budget was held December 6, 2010. The 2011 Budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City of Port Orchard for the purposes described in the 2011 Budget, and the estimated expenditures in each fund are all necessary to carry on the government of the City for fiscal year 2011. The 2011 Budget reflects department head requests, Mayor's priorities, citizen comment, Finance Committee and City Council input and modifications. Minutes of December 14, 2010 Page 4 of8 Councilmember Chang voiced his opposition to the 2011 budget, noting that in these economic times the hiring of a lobbyist and increasing the taxes were not in the best interest of its citizens. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 027-10, approving the 2011 budget. Upon vote, the motion passed withfive affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. Councilmember Clauson was absent. E. Adoption of Ordinance No. 028-10, Amending Port Orchard Municipal Code Title 16: Land Use Regulatory Code Development Director Weaver presented the staff report, noting in an effort to accommodate the efficient and equitable processing of development applications as well as implementing the goals and policies within the Port Orchard Comprehensive Plan, the Port Orchard Planning Department has worked with the Planning Commission under Council direction to develop proposed changes to the Port Orchard Municipal Code Title 16: Land Use Regulatory Code. A Public Hearing was held on December 14, 2010 to receive testimony and public comment on the proposed Land Use Development Code changes for 2010. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 028-10 approving the proposed amendments to the Title 16 Land Use Regulatory Code. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. F. Adoption of Resolution No. 045-10, Approving the McCormick Village Park Master Plan and Preferred Alternative Development Director Weaver presented the staff report, noting this Resolution is related to the selection of a preferred alternative for the McCormick Village Park and for the adoption of the McCormick Village Park Master Plan document. 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. The Master Plan document is the product of a collaborative effort between subcommittee members and the general public, through diligent involvement in the development of goals and a vision for the park, while acknowledging the realities of both fiscal limitations and land form constraints. This plan was considered in a Public Hearing conducted by City Council at the November 30, 2010, Council meeting. The Port Orchard Planning Commission also conducted a Public Hearing for comments on October 18, 2010, and unanimously approved Planning Commission Resolution No. 005-10, recommending approval to the City Council of the McCormick Village Park Preferred Alternative and for the McCormick Village Park Master Plan Document. 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 public comments provided throughout the park planning process. Councilmember Colebank MOVED and Councilmember Powers seconded the motion to adopt Resolution No. 045-10, approving the McCormick Village Park Master Plan Minutes of December 14, 2010 Page 5 of8 and the Preferred Alternative identified in said Plan. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. G. Adoption of Ordinance No. 029-10, Approving the 2010 Amendments to the Port Orchard Comprehensive Plan Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening for the 2010 City of Port Orchard Comprehensive Plan Amendments. The Growth Management Act (GMA), RCW 36.70A states, as a general rule, each city that plans under the GMA may amend its comprehensive plan no more frequently than once every year These site- specific and city-wide amendments were developed in consideration of the goals of the GMA for the development of local comprehensive plans, as codified at RCW 36. 70A.020, and reflect a careful balancing of these goals within the local conditions of the City of Port Orchard. These amendments were developed from and are consistent with the Kitsap Countywide Planning Policies (CPPs). The Port Orchard Planning Commission unanimously passed Planning Commission Resolution No. 007-10 and Planning Commission Resolution No. 008-10, recommending support of the above 2010 updates to the Port Orchard Comprehensive Plan. Ordinance No. 028-10, accommodates both Planning Commission recommendations and adopts the 2010 updates to the Port Orchard Comprehensive Plan. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to adopt Ordinance No. 029-10, amending the Port Orchard Comprehensive Plan. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. H. Approval of Contract No. 020-11, Authorizing the Mayor to Execute Agreement for Lobbying Services with Gordon Thomas Honeywell Governmental Affairs City Clerk Kirkpatrick presented the staff report, noting the Council has determined that its citizens would benefit from the expertise and guidance of a lobbying firm that would assist the Mayor in accomplishing the goals and objectives of the City. Mayor Coppola interviewed several lobbying firms and determined that Gordon Thomas Honeywell Governmental Affairs (GTH) best suited the needs of the City. Representatives from GTH attended the September 21, 2010, Work Study Session to answer any questions regarding their services. During the 2011 Budget discussions, the Finance Committee recommended that funding be set aside to hire a lobbying firm to assist the City in securing funding for items such as capital projects and the proposed parking garage. Professional lobby services rendered in 2010 will be paid from the Administration budget. Councilmember Olin opposed the hiring of a lobbyist for the City in 2011. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve Contract No. 020-11, authorizing the Mayor to execute an agreement for lobbying services with Gordon Thomas Honeywell Governmental Affairs in an amount not to exceed $25,000, effective November 1, 2010 through June 30, 2011. Upon vote, the motion passed with four qffirmative votes and two dissenting votes. Councilmembers Chang and Olin cast the two dissenting votes. Councilmember Clauson was absent. Minutes of December 14, 2010 Page 6 of8 I. Approval of Contract No. 021-11, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County Prosecutor for Legal Services City Clerk Kirkpatrick presented the staff report, noting the City began using Kitsap County as their prosecutor in Municipal Court in 2000. The City's agreement with the Kitsap County Prosecutor's office to provide prosecutor services expires on December 31, 2010. Earlier this year, the Prosecutor's office proposed a decrease for the upcoming contract period. The City will save in 2011 $3,768 for the year and the contract adjustments will be made based upon the CPI-U for Seattle/Tacoma, rather than for "all US cities." The Municipal Court administrator and the Chief of Police continue to find great value in having the prosecutorial services for Municipal Court provided by the County Prosecutor's office, especially with the decreased costs. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to approve Contract No. 021-11, authorizing the Mayor to execute an Interlocal Agreement with Kitsap County for prosecutor services in the amount of $92,612, effective January 1, 2011 to December 31, 2013. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. J. Approval of Contract No. 022-11, Authorizing the Mayor to Execute an Agreement with Kitsap Economic Development Alliance City Clerk Kirkpatrick presented the staff report, noting annually the City contracts with Kitsap Economic Development Alliance (KEDA) whose primary purpose is to promote the Kitsap County's primary job base and to integrate its economy into the national and world economy. During the 2011 preliminary budget discussions the Mayor requested the City's payment to KEDA be increased from $2,000 to $s,ooo and that amount was added to the 2011 budget. This is a one-year contract and will expire on December 31, 2011. Councilmember Colebank MOVED and Councilmember Powers seconded the motion to approve Contract No. 022-11, authorizing the Mayor to execute an agreement with Kitsap Economic Development Alliance for an annual payment amount not to exceed $s,ooo, effective January 1, 2011 to December 31, 2011. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. K. Approval of Warrants for Budgeted Items Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to authorize the City Treasurer to issue warrants for items budgeted in 2010 and no single claims shall exceed $25,000 and bring forward to the January 11, 2011, City Council meeting for approval. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 8. CITIZENS COMMENTS Gil Michael voiced his opposition to an increase to the City's business license fee, noting that should the Council move in that direction the funds should be applied to the Kitsap Peninsula Minutes of December 14, 2010 Page 7 of 8 Visitor and Convention Bureau, which he stated was more beneficial to small businesses than Kitsap Economic Development Alliance (KEDA); and requested the City's process for public noticing be improve. 9· COMMIITEE REPORTS Councilmember Olin reported the Public Properties Committee met with the Port of Bremerton regarding their proposal to purchase the Water Street boat ramp. Both entities agreed their respective Staff would work out a draft lease agreement to be brought back before the Council and Port Commissioners for approval. Further, the Committee directed Staff to bring forward the amendment to the Kitsap Regional Library contract; met with parties concerning the parking issue on Mitchell Avenue; and resolved the issue with one-time Active Club user fees. Councilmember Colebank reported the Puget Sound Regional Council Transportation Policy Committee meeting met regarding their legislative priorities and are requesting from the state no more unfunded mandates. Councilmember Childs announced the Economic Development and Tourism Committee meeting for December 15, 2010, is rescheduled for January 12, 2011, at 5:30p.m. at City Hall. 10. MAYOR'S REPORT Mayor Coppola reported on the following: • Attended a ribbon cutting ceremony for 7-11; • Met with City Attorney regarding public records request; • Met with the Lobbyist and City Clerk regarding the City's legislative agenda; • Met with a citizen regarding a ticket he received from the court; • Met with a citizen regarding the Helpline parking; • Met with Debbie Macomber and her movie producers; • Attended the Kitsap Economic Development meeting at Poulsbo's new City Hall; • Attended the Kitsap Economic Development Alliance annual Christmas party; • Met with principals of Yacht Marine regarding damage from the wind storm; • Attended the Festival of Chimes and Lights and wrap-up party at Kitsap Bank; • Donated a "Lunch with the Mayor" for St. Anthony's Hospital upcoming auction; • Met with the incoming Vice-President of the Home Builders Association; • Conducted the 2011 preliminary budget hearings; • Met with Puget Sound Energy (PSE) and several jurisdictions regarding electric vehicle funding; • Attended the Housing Kitsap Board meeting; • Attended the Mayors exchange; • Was a guest on board during the arrival of the U.S. Nimitz; • Attended a Risk Communications class at the Department of Emergency Management; • Met with Rick Flallerty regarding solar power garbage cans and recycling bins; • Attend the Admiral reception at Puget Sound Naval Shipyard (PSNS); • Met with Jim Avery of the Kitsap County Assessor's office regarding tax assessments; and Minutes of December 14, 2010 Page 8 of8 • Met with Kitsap Regional Coordinating Council Executive committee. 11. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the Department of Ecology released their draft "Daily Maximum Load" for Port of Sinclair and Dyes Inlet, which will have a significant impact on the City and other surrounding jurisdictions; made arrangements with the Port of Bremerton Staff to work on a draft lease agreement; and reported there was minimal damage as a result of the November 30, 2010, winter storm and would remain within 2010 budget. City Clerk Kirkpatrick reminded the Council that a date for the Annual Retreat needed to be scheduled as well as the appointment of a Mayor Pro-Tempore for 2011. At 8:53 p .m. Mayor Coppola reconvened the meeting after a s-minute recess. 12. EXECUTIVE SESSION At 8:53 p .m. Mayor Coppola recessed the meeting for a 17-minute executive session regarding potential litigation and labor negotiations in accordance with RCW 42.30.110. City Attorney Jacoby and City Clerk Kirkpatrick were invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 9:10 p.m. Mayor Coppola reconvened the meeting. 13. ADJOURNMENT oppola adjourned the meeting.