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09/13/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of September 13, 2011 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tem John Clauson and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Commander Marti, Public Works Director Dorsey, Human Resource Coordinator Howard, Associate Planner Bonsell, Deputy City Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Cindy Lucarelli led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3· APPROVAL OF AGENDA Councilmember Clauson MOVED and Councilmember Childs seconded the motion to move the Agenda, as amended. Upon vote, the motion as amended passed unanimously. Councilmember Childs MOVED and Councilmember Clauson seconded the motion to amend the agenda to remove Consent Agenda Item 4A Approval of Claim Warrants, Payroll & Treasurer's check book to Business Item 7D. Upon vote, the motion to amend passed unanimously. 4· APPROVAL OF CONSENT AGENDA L'~. f.rpproval of Claim V/arrants, Payroll & Treasurer's eheek book B. Approval of the August 23, 2011, Council Meeting Minutes C. Setting Meeting for Work Study Session to September 20, 2011, at 7:00p.m. at City Hall D. Approval of Change Order No. 1 to Contract No. 066-10, Authorizing the Mayor to Execute a 6-Month Extension to the Transfer of Development Rights Program Grant Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Proclamation: Constitution Week Minutes of September 13, 2011 Page 2 ofg Mayor Coppola presented the Constitution Week Proclamation to Barbara Simmons, who thanked the Council for their continued support. 6. PUBLIC HEARING A. Closed Record Hearing Regarding Appeal of Engley Diversified, Inc. from Decision of City's Hearing Examiner City Attorney Jacoby presented the staff report, noting after the City Council issued its initial finding that the applicant's appeal was not timely, the case was appealed under the Land Use Petition Act to Kitsap Superior Court and then removed to Federal Court. On July 7, 2011, the U.S. District Court ruled that the City Council's decision on the untimeliness of Engley's appeal was erroneous and remanded the matter back to the Council for a decision on the merits of Engley's appeal of the Hearing Examiner's decision. City Attorney Jacoby stated that at the conclusion of tonight's City Council meeting, the full Council will adjourn into a closed session in the Council's conference room to resume its deliberations of this matter in accordance with POMC 2.76.150(9) and RCW 42.30.140. City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity, during this Closed Record Hearing the Council is acting as a quasi-judicial body. City Attorney Jacoby asked if any Councilmember had any ex parte communication with anyone regarding this application. There was no response from any Councilmember. City Attorney Jacoby further asked if any Councilmember had any financial interest in this property, with the applicant or representative of the applicant, either directly or indirectly relating to the property involved. There was no response from any Councilmember. City Attorney Jacoby asked if any Councilmember had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. There was no response from any Councilmember. City Attorney Jacoby asked if any member of the audience felt any of the Councilmembers should not participate in the hearing. There was no response from any audience member. Mayor Coppola opened the Closed Record Hearing, and there being no testimony, closed the Closed Record Hearing at 7:40 p.m. B. Medical Marijuana Collective Gardens Moratorium City Attorney Jacoby presented the staff report, noting on August 23, 2011, the City Council adopted Ordinance No. 016-11 imposing a six month moratorium on the acceptance or processing of any applications for business licensing and/ or building or land use activities Minutes of September 13,2011 Page 3 of 9 relating to medical marijuana collective gardens. During the effective dates of this moratorium, the establishment, maintenance, or continuation of any medical marijuana collective garden is prohibited and designated as prohibited uses within the City of Port Orchard. RCW 35.63.200 requires that the City Council must hold a public hearing within sixty ( 60) days of its adoption of the moratorium. Based on the public testimony the Council may, but is not required to, modify the findings upon which the moratorium is based or modify the nature and scope of the moratorium. Mayor Coppola opened the Public Hearing at 7:41p.m. Joe Zetzsche requested that the Council create a task force that would consist of a doctor or a medical professional, a patient with a chronic illness, a collective garden member, a neighborhood representative, a local citizen or a small business owner, a former law enforcement person, a private individual with legal experience, a representative of an anti- drug agency, and a representative from the Kitsap County Health Department to assist the Planning Commission in setting policy relating to medical marijuana collective gardens. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:59 p.m. 7. BUSINESS ITEMS A. Approval of the August 16, 2011, Work Study Session Minutes Councilmember Powers MOVED and Councilmember Colebank seconded the motion to approve the August 16, 2011, Work Study Session Minutes. Upon vote, the motion passed unanimously. B. Adoption of Resolution No. 029-11, Authorizing the Reimbursement to GEM 1, LLC from Impact Fees of Certain Construction Costs and Setting Forth Annual Reimbursement Procedures Public Works Director Dorsey presented the staff report, noting on June 29, 2011, the City received a request for reimbursement based upon the McCormick Urban Village Development Agreement for Transportation (Development Agreement), an agreement entered into between Kitsap County and GEM 1 LLC (GEM 1). Through an annexation on July 7, 2009, the City became successor to the Development Agreement. As successor the City collects transportation impact fees and to the extent funds are available annually thirty-five percent (35%) of the collections are reimbursable to GEM 1 for certain projects described in the Development Agreement. The engineer's confirmation of construction costs for the Glenwood Connector Road (McCormick Woods Drive Extension) and the Feigley Road\Clifton Road intersection were certified on March 3, 2008, by N.L. Olson & Associates, Inc at the actual total combined cost of $2,200,296.37. To date GEM 1 has reported receiving three reimbursement payments from Kitsap County as follows: 2008 - Minutes of September 13, 2011 Page 4 of 9 $109,177.20; 2010 -$73,689.80; and 2011 -$7,203.68, totaling $190,070.68. The Resolution recognizes the request for reimbursement and directs the City Treasurer, upon confirmation by the City Engineer, to annually honor the request pursuant to the Development Agreement through the budgeting and claims process. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to adopt Resolution No. 029-11 authorizing the reimbursement to GEM 1, LLC from impact fees of certain construction costs and setting forth annual reimbursement procedures. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 030-11, Amending Resolution Nos. 030-10, by Establishing a COLA Increase for Non-Union Represented Employees Classified as FLSA Not Exempt Human Resource Coordinator Howard presented the staff report, noting at its December 11, 2009, meeting; the Finance Committee requested that wage pay rates be addressed on a yearly basis for non-union employees. The following was the change that was recommended by the Finance Committee to match the union contracts: A.3 Effective October 1, 2011, the rates of pay set forth above may be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle-Tacoma- Bremerton area for that period from June, 2010 to June, 2011, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than two percent (2%) nor more than four percent (4%). Resolution No. 030-11, shows the change of date to Section 4. Wages and Longevity Pay, which captures the CPI-U 3.2%, COLA increase. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 030-11, amending Resolution No. 030-10, approving the Employee Benefits Policy to reflect a rate of pay increase for a 3.2% COLA effective October 1, 2011, for non-union represented employees classified as FLSA Non-Exempt. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 031-11, Amending Resolution Nos. 031-10, by Establishing a COLA Increase for Non-Union Represented Employees Classified as FLSA Executive Exempt Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 031-11, amending Resolution No. 031-10, approving the Employee Benefits Policy to reflect a rate of pay increase for a Minutes of September 13, 2011 Page 5 of 9 3.2% COLA effective October 1, 2011, for non-union represented employees classified as FLSA Executive Exempt. Upon vote, the motion passed unanimously. E. Approval of Claim Warrants, Payroll & Treasurer's check book Mayor Coppola and Councilmember Colebank recused themselves from the meeting for this item, each declaring a conflict of interest. Councilmember Clauson had asked that this item be removed from the Consent Agenda as Councilmember Colebank and the Mayor have monetary interest relating to checks being issued as part of the Tremont Street Widening Project. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to approve Claim Warrants, Payroll & Treasurer's check book. Upon vote, the motion passed with six affirmative votes. Councilmember Colebank was recused. F. Adoption of Resolution No. 032-11, Authorizing the Mayor Pro Tern to Execute the Possession and Use Agreement No. 073-11, with James and Paulette Colebank regarding 1519 Roland Avenue Mayor Coppola and Councilmember Colebank recused themselves from the meeting for this item, each declaring a conflict of interest. City Attorney Jacoby presented the staff report, noting the City of Port Orchard is undertaking the Tremont Street Widening Project (the "Project") to widen Tremont Street to provide four continuous lanes between Port Orchard Boulevard and SR 16, replace two existing signalized intersections with roundabouts, and construct curb, gutter, sidewalk and other improvements. In order to construct the Project, the City must acquire right-of-way along Tremont Street from certain property owners. One of the acquisitions that the City is required to make involves the property owned by Jim and Paulette Colebank at 1519 Roland Avenue. The City needs to purchase right-of-way consisting of a strip of property running the length of Tremont consisting of 1,889 square feet, together with a slope easement consisting of 151 square feet (the "Right-of-Way Property"). The City's right-of-way agent, Universal Field Services, hired an independent third party appraiser to appraise the Right- of-Way Property and determine its fair market value. The appraiser's conclusions were then subject to a second review appraiser's determination of value. Both appraisers determined the value of the Right-of-Way Property is $31,800. The Colebanks have requested additional time to evaluate the total just compensation that they believe should be paid for the Right-of-Way property. However, in order to allow the City to take possession and use of the Right-of-Way Property so that the Project can stay on schedule, the City and the Colebanks have agreed to enter into this Agreement. Approval of the Agreement would Minutes of September 13, 2011 Page 6 ofg result in the City paying the Cole banks the sum of $31,800 for the possession and use of the right-of-way property. The parties will continue to negotiate regarding final total just compensation to be paid. Any additional payments to the Colebanks will be occur in the context of a condemnation lawsuit to be filed in Kitsap County Superior Court and will be subject to approval by a Superior Court judge. Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 032-11, authorizing the Mayor Pro Tern to Execute the Possession and Use Agreement No. 073-11, with James and Paulette Colebank relating to the real property located at 1519 Roland Avenue. Upon vote, the motion passed with six affirmative votes. Councilmember Colebank was recused. G. Approval of Local Agency Agreement Supplemental No. 5, to Contract No. 011-05, Authorizing the Mayor Pro Tern to Execute Agreement with the Washington State Department of Transportation regarding the Tremont Street Widening Project Mayor Coppola and Councilmember Colebank recused themselves from the meeting for this item, each declaring a conflict of interest. Public Works Director Dorsey Presented the staff report, noting on September 7, 2010, the Kitsap Regional Coordinating Council (KRCC) Executive Board approved the City's request for $250,000 in additional funding for Tremont Street right-of-way acquisition. On October 1, 2010, formal notification of authorization for City's request was received by the Puget Sound Regional Council (PSRC) Executive Director Bob Drewel. The City submitted the Local Agency Agreement in November 2010 to the Washington State Department of Transportation (WSDOT) for approval, but was required to revise the Supplement to match the Project Funding Estimate for this project. Staff has worked with WSDOT Local Programs to amend the Local Agency Agreement Supplement No. 5, attached herewith. Once resubmitted the supplement with be executed by WSDOT and then forwarded to the Federal Highway Administration (FHWA) for obligation. Councilmember Chang announced a potential conflict as he is a Department of Transportation employee; however, he does not stand to gain financially from this contract. There were no voiced objections to his voting on this matter. Councilmember Powers MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor Pro Tempore to execute Local Agency Agreement Supplement No. 5 to Contract No. 011-05, as required to obligate the additional $250,000 in right-of-way acquisition funding for the Tremont Street Widening Project. Upon vote, the motion passed with six affirmative votes. Councilmember Colebank was recused. Minutes of September 13, 2011 Page 7 of 9 At 8:28 p.m. Mayor Coppola assumed the gavel and Councilmember Colebank was invited rejoin the meeting. H. Acceptance of Meeting with Initiating Parties Regarding Notice of Intent to Petition for the Mile Hill Annexation Associate Planner Bonsell presented the staff report, noting a Notice of Intent to Petition for Annexation was received on July 11, 2011, to annex 313 parcels totaling approximately 237 acres, generally located west of Saddle Club Road SE, south of SE Horstman Road, east of Olney/Jackson Avenue SE and North of Madrona Street all adjacent to SE Mile Hill Drive, in that portion of Sections 29, 30 & 31, Township 22 North, Range 2 East, W.M., In Kitsap County, Washington The parcel is in the City's currently recognized Urban Growth Area. It is designated Urban High-Intensity Commercial/Mixed Use in the County's Comprehensive Plan with a zoning designation of Highway /Tourist Commercial. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. There was a brief discussion centered on whether the pending decision from the Boundary Review board would effect this annexation as there seemed to be an issue regarding the Urban Growth Area with Kitsap County. Councilmember Childs MOVED to postpone the applicant to circulate a petition for annexation of the property described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed for further discussion. The motionfailedfor a lack of a second. Upon vote, the main motion passed with six affirmative votes. Councilmember Colebank cast the one dissenting vote. 8. COMMI'ITEE REPORTS Councilmember Childs reported the Economic Development Tourism Committee would be held on Wednesday, September 14, 2011, at 5:30p.m. at City Hall with the focus being on the Festival of Chimes and Lights. Councilmember Olin reported the Public Property met and discussed whether the change to the RCW allowing street vacations to be heard by a hearing examiner would fit this City and Minutes of September 13, 2011 Page 8 ofg the Committee would bring their recommendation to a future work study; the bronze plaque for a former Councilmember/Mayor was postponed until the Planning Department had drafted a policy outlining how to honor former elected officials or citizens; a right-of- way issue on DeKalb maybe better resolved as a Letter of Use, rather than a Street Vacation and would be brought forward to the September 27, 2011, Council meeting for action; and it was recommended by the Treasurer that the Committee determine how to best spend proposed 2012 budgeted funds of $6o,ooo, which is part of the admission tax funds. He noted the Committee agreed that those funds would be spent on Active Club playground improvements. Councilmember Clauson reported the Finance Committee met and the August sales tax revenue has slowed down and has been soft since April, and the Committee would continue to monitor the sales tax. Councilmember Chang reported the Hotel/Motel Lodging Tax has meet twice and heard from 11 applicants seeking funds for 2012; and he would be bringing the Committee's recommendations to the September 20, 2011, Work Study Session for Council consideration and/ or direction. Councilmember Putaansuu announced the Utilities Committee meeting would be held on Friday, October 7, 2011, at 7:30 a.m. at MoonDogs. 9· MAYOR'S REPORT The Mayor Coppola reported on the following: • Read a letter from a business appreciating a number of employees for their dedicated work; • Attended Kitsap Economic Development Alliance meeting regarding two people who are looking for a site for a manufacturing business; • Serviced as the MC for the Elvis concert by on by the Concerts by the Bay; • Spoke at a benefit regarding the Susan G. Koman foundation; • Attended CENCOM Policy Board work study; • Met with the City Clerk's office regarding the Mayor's, Council, and Clerk's budget; • Attended the Housing Kitsap Finance Committee meeting; • Met with Larry Eyer and Mike Botkins regarding the progress on the new Kitsap Community Recourses facility in South Kitsap; • Had a photo opportunity with JB the elf regarding the Jingle Bell Run; • Participated in a conference call with the City's lobbyist and City Clerk; • Serviced as an Auctioneer at the South Kitsap Skate Park Association fundraising event; • Attended the Fathoms O'Fun concert featuring the band Magic Carpet Ride; • Met with City Attorney regarding various issues; • Atte n de d the Boa rd of Health meeting; • Attended the Housing Kit sap board m eeting; Min utes of Septemb er 13 , 2011 Page 9 of 9 • Atte nded the ca ndidate's intervi ew with t he Kit sap Sun; • Atte nded the 26th Di strict Democrats r egarding running fo r re -election; • Met with Bob Meadows with the Port Orcha rd Inde pen dent regarding various iss ues; • Met the Amy Lill a rd from Washington Film Works regarding a possible fil ming of a TV ser ies in the City; • Attended the Po1t Orcha rd Chamber lunch eon; • Met with the Regional Man age r of Wave Ca ble r ega rding rece nt out age issues a n d impact ed caused to loc al business es ; • Service d as a judge in the Fa rmers Ma rket Great Tom at o Tast e Off; • Attend ed the 911 La b or Day Memorial Dedication Grou nd Breakin g event; • Attend ed the Flag Pol e Dedication a nd Flag Racing at t h e Pe ni n sula Su baru; • Met with a few citize n s rega rding a number of issues; and • Attended the Kitsap Reg ional Coo rdinating Coun cil Executive Co mmittee m ee ting rega rd ing the settled issu e on the County-wide Pla nning Po li cy. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Di rector Dorsey rem inded the Cou ncil if t hey h ave an y changes and/ or recommendation s to the resolution relating t o the pa rking t o please provide them t o st aff prior t o the September 20, 2011, work study sessio n in order that st aff wo uld b e prep ar ed . City Cl erk Ki rkpatrick announce d the AWC 's Kit sap region al a nnual b reakfast was sl at ed for Tuesd ay, December 13, 2011; and if they wi sh to attend t o l et the City Cler k's office know; a nd presented De puty Cl e rk Rin earson with he r d es ign ation of a Ce rtified Municipal Clerk; who tha nked the Co uncil a nd Mayor for their co ntinued s upport of staff edu cat ion. 11. CITIZENS COMMENTS Th ere wer e n o citi zen comments. 12. ADJOURNMENT Coppola a dj o urned the meeting.