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03/08/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 8, 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, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Tom Saunders led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3· APPROVALOFAGENDA The following item was removed from the Consent Agenda and placed under Business Items: • Approval of Public Event Applications: Mustangs on the Waterfront Saints Car Club Cruz Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 55157 through 55259 in the amount of $274,634-46; January's Payroll Warrant Nos. 143645 through 143700 in the amount of $541,837.64; and Treasurer's check book in the amount of $1,909,621.65. B. Approval of the February 15, 2011, Work Study Session Meeting Minutes C. Setting Meeting for a Work Study Session to March 15, 2011, at 7:00p.m. at City Hall D. l.tppro'<'fri of Publie Event Applieations: Mustangs on the Waterfront Saints Car Club Cruz Minutes of March 8, 2011 Page 2 of8 Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Presentation: 2011 South Kitsap High School Grad Night The presentation was not held. B. Proclamation: Kiwanis Children's Cancer Cure Month Mayor Coppola read the Kiwanis Children's Cancer Cure Month Proclamation into the record; and Councilmember Powers presented the Proclamation to Mr. Tom Saunders and Mr. Roy Meyers who thanked the Council for their support and shared that in the next three years Kiwanis will be attempting to raise $soo,ooo for children cancer research. 6. PUBLIC HEARING A. 2011 Capital Facilities Plan Update Public Works Dorsey presented the staff report, noting this business item pertains to an amendment to the Capital Facilities Element ofthe 2008 Comprehensive Plan, as amended, to include a new Appendix F entitled Capital Improvement Program 2011 -2016, which identifies existing and future project needs for maintenance, repair, and construction of Capital Facilities projects for a six-year period. This amendment is occurring in conjunction with the review and approval of the 2011 Budget, pursuant to RCW 36.70A.130(2)(a). The affected properties are either City owned buildings, structures, infrastructure, or City owned right-of-ways. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:10p.m. 7· BUSINESS ITEMS A. Approval of the February 15, 2011, Joint Work Study Session with Port of Bremerton Meeting Minutes Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve the February 15, 2011, Joint Work Study Session with the Port of Bremerton meeting minutes. Upon vote, the motion passed with five affirmative votes and two abstaining votes. Councilmember Chang and Powers cast the two abstaining votes. Minutes of March 8, 2011 Page 3 of8 B. Approval of the February 22, 2011, Council Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the February 22, 2011, Council meeting minutes. Upon vote, the motion passed with six affirmative votes and one abstaining vote. Councilmember Chang cast the abstaining vote. At 7:12 p.m. Mayor Coppola recessed the meeting for a 17-minute executive session regarding potential litigation in accordance with RCW 42.30.110(b). City Attorney Jacoby, Public Works Director Dorsey, City Treasurer Martin, and Development Director Weaver were invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 7:29 p.m. Mayor Coppola reconvened the Council meeting back into regular session. C. Adoption of Ordinance No. 003-11, Approving the 2011 Capital Facilities Plan Councilmember Olin MOVED and Councilmember Clauson seconded the motion to table Ordinance No. 003-11, approving the 2011 Capital Facilities Plan. Upon vote, the motion to table passed unanimously. D. Approval of Contract No. 034-11, Authorizing the Mayor to Execute the Memorandum of Agreement with the Port of Bremerton for Waterfront Parking Allocation/Control Public Works Director Dorsey presented the staff report, noting on February 13, 1996, the City of Port Orchard (City) and the Port of Bremerton (Port) entered into a Memorandum of Understanding (MOU) concerning the allocation and control of waterfront parking. On March 9, 2010, after having met with the Port at the August 13, 2009, Public Properties Committee meeting, the City Council voted to approve Contract No. 015-10, being the Temporary Memorandum of Agreement (MOA) between the City of Port Orchard and the Port of Bremerton Concerning the Allocation and Control of Parking on Waterfront Property, with one modification. That modification was the removal of Condition No. 5, which related to a provision maintaining 8 parking spaces near the Port's Waterfront Park as 4-hour parking stalls. At the February 15, 2011, Council Work Study Session, in conjunction with the current Bay Street Pedestrian Pathway Project design, the future Marina Park Expansion Project and the future Waterfront Master Plan, the City and the Minutes of March 8, 2011 Page4 of8 Port met to further discuss resolution to this matter. Both the City and the Port have agreed to the revised terms and conditions outlined in the updated Memorandum of Agreement (MOA) concerning the Allocation and Control of Parking on Waterfront Property. In response to Councilmember Olin, Public Works Director Dorsey indicated that festivals and events occurring on the waterfront would not be impacted by the terms agreed to in the Memorandum of Agreement. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve Contract No. C034-11, authorizing the Mayor to execute the Memorandum of Agreement with the Port of Bremerton regarding the allocation and control of the parking on waterfront property, to be effective April4, 2011. Upon vote, the motion passed unanimously. E. Approval of Public Event Applications for Mustangs on the Waterfront and the Saints Car Club Cruz 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. The Kitsap Mustang Club and Saints Car Club have submitted their applications for their public events to use a portion of the City's parking lots and right-of-ways. City Departments, as well as the Fire Department, have reviewed the applications and have submitted their recommendations and/or comments. Councilmember Olin explained that he had this item moved to business in case the preceding item caused disruption to the organizations that organize festivals and events on the waterfront. He favored approval of the public event application. Councilmember Olin MOVED and Councilmember Clauson seconded the motion to approve the public event applications for the Kitsap Mustang Club and Saints Car Club and allow them to hold their public events using a portion of the City's parking lots and right-of-ways. Upon vote, the motion passed unanimously. F. Approval of Change Order No. 4 to Contract No. 007-09, with Pacific Air Control, Inc. for the 2011 HV AC System Upgrades Public Works Director Dorsey presented the staff report, noting the City's HV AC system(s) were in very poor condition due to neglect and lack of understanding of the system prior to the City contracting with Pacific Air Control, Inc., whom has worked very hard to bring the system into workable condition; and to identify needed upgrades. Pacific Air Control, Inc. has prepared a list of needed repairs and/or upgrades and a budget of $69,848.26 for a complete reliable control DDC system. Minutes of March 8, 2011 Page 5 of8 Councilmember Colebank MOVED and Councilmember Powers seconded the motion to authorize the Mayor to execute Change Order No. 4 to Contract No. 007-09, with Pacific Air Control, Inc. for the 2011 HV AC System upgrades in an amount not to exceed $70,000. Upon vote, the motion passed unanimously. G. Approval of Contract No. 035-11, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County for Transfer Development Rights Grant Funding in 2011 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 agreement was an lnterlocal Agreement, directing the Port Orchard Planning Department to work in collaboration with the Kitsap County Department of Community Development to pursue and analyze a potential TDR credit transfer analysis as part of the 2011 Department work program. The attached agreement has been reviewed by the City Attorney for an lnterlocal with Kitsap County, in establishing Kitsap County as a sub-consultant to the City for a potential maximum of $23,750 in pass through Grant funding, including a scope of work and deliverables for the TDR grant work. Councilmember Powers MOVED and Councilmember Chang seconded the motion to approve Contract No. 035-11, authorizing the Mayor to execute an Interlocal Agreement with Kitsap County regarding Transfer Development Rights Grant Funding in 2011. Upon vote, the motion passed unanimously. H. Meeting with Initiating Parties Regarding Notice of Intent to Petition for McCormick East 2 Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on August 05, 2010, to annex two parcels totaling approximately 109.88 acres, 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 City Council initially met regarding these parcels on August 24, 2010 and again on September 14, 2010. The Planning Department visited the ten parcels in question, and mailed a letter with a Notice of Intent form. Two of the property owners returned signed Notices of Intent. The two parcels (tax parcel nos. 102301-3-017-2001 and 102301-3-021-2005) are located west of Glenwood Road SW, and north of McCormick Woods Drive SW, in portions of Section 10, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington. These parcels were not Minutes of March 8, 2011 Page 6 of8 considered previously and tonight's meeting is to resume consideration of the submitted and signed Notices of Intent. In order to create a logical boundary, without islands left in Kitsap County, the recommended boundary for the proposed annexation is to include the other five parcels. The two parcels represent 27.13% of the area total valuation. 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. These two parcels are part of a strip of seven parcels, stretching east to west, which are developed for single family residential use. They are located just to the south of the Washburn-Grant-Crother Annexation area (annexed May 09, 2009), and to the north of the McCormick East annexation, which is currently being processed by the Boundary Review Board. RCW 35.13.125 requires the 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. Councilmember Chang MOVED and Councilmember Childs seconded the motion to accept the proposed annexation geographic boundary to include the seven parcels depicted on the McCormick East 2 Annexation Map as listed in the staff report and depicted on the McCormick East 2 Annexation 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 passed unanimously. 8. CITIZENS COMMENTS There were no citizen comments. 9· COMMITTEE REPORTS Councilmember Olin reported the Pubic Property Committee meeting was canceled due to lack of items on the agenda. Councilmember Childs reported the Economic Development Tourism Committee meeting will be held on Wednesday, March 9, 2011 at 5:30p.m. at City Hall. Councilmember Clauson reported the Finance Committee met and the sales tax revenue is slightly higher than what was budgeted; and the Committee will be putting together a recommendation regarding the Bethel annexation impact on the City. Councilmember Chang reported the Lodging Tax Committee met regarding the $30,000 extra funds and the Committee has decided to open the application process for organizations to apply to receive some of the additional funds as it relates to tourism within the City. 10. MAYOR'S REPORT The Mayor Coppola reported on the following: Minutes of March 8, 2011 Page 7of8 • Met with Port of Bremerton CEO, Cary Bozeman, regarding mutual issues; • Announced that Safe Boats has signed a lease extension with the Port of Bremerton; • Testified in Olympia regarding the planning commission bill; • Met with Wave Broadband regarding Public Utilities District; • Met with the Finance Committee; • Met with Prepaid Legal Services regarding offering their services to City employees; • Attended the Ridgemont Terrace Ribbon Cutting Ceremony with City Clerk Kirkpatrick and Councilmember Powers; • Met with legislators and the City's lobbyist in Olympia; • Met with the City Attorney and business owner regarding the Medical Marijuana Dispensaries Moratorium; • Participated in a conference call with the City's lobbyist; • Met with a citizen who received a subpoena through our courts; • Attended the Puget Sound Regional Council conference; • Met with the Kitsap Sun Publisher over various issues; and • Attended the Kitsap Transit Personnel Policy Board meeting. 11. REPORT OF DEPARTMENT DIRECTORS Development Director Weaver reported the kick-off meeting regarding the City-wide Parks Plan is underway and they are still looking for participants; and the City has started receiving petitions equaling 16.5% of the 6o% required to annex the remainder of the Bethel Corridor. 12. EXECUTIVE SESSION At 8:oo p.m. Mayor Coppola recessed the meeting for a 70-minute executive session regarding potential litigation in accordance with RCW 42.30.110(b). City Attorney Jacoby, Public Works Director Dorsey, and Development Director Weaver were invited to attend a portion of the executive session and the Mayor announced that no action would be taken as a result of the executive session. At 8:34p.m. Development Director Weaver left the Executive Session and meeting. At 8:43 p.m. Mayor Coppola and Councilmember Colebank left the Executive Session and meeting. Minutes of March 8, 2011 Page 8 of8 At 9 :10p.m. Mayor Pro Tempore Clauson reconvened the Council meeting back into regular session. 13. ADJOURNMENT ore Clauson adjourned the mee~ing. --~ _...__...-0- "·· ..-/.-· ''''"'""'''' ,,,''oORT Qd'',,, ,•'(...(. t •• • ••'TC.L.', ,., ...)'·· nob. 'T.. ,, J'~ ··o~r 'l,q)..• .'-?.A{-:. .. "'.,. .ott\.-~-:. ~~~·!!II...., '~·"""-;. -~·~ ~. ~ = ·""'sEAL · = . : o• : ~-·~= -·--= • ....'V.~ ~&'!~·~ ;c,e~;:u.~w- /