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10/11/2016 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 11,2016 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Donlin Present Councilmember Lucarelli Present Mayor Pro-Tem Clauson Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, City Treasurer Martin, Community Development Director Bond, City Attorney Cates, City Clerk Rinearson, and Deputy City Clerk Floyd were also present. A. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Donlin, seconded by Councilmember Chang, to have Sharron King be allowed to make a presentation tonight. The motion carried. MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS Minutes of October 11, 2016 Page 2 of 7 Nick Whittleton voiced his concerns with the Shoreline Master Program ordinance adoption and financial feasibility of development. 4. CONSENT AGENDA A. Approval of Check Nos. 67567 through 67683 totaling $449,208.85; September Electronic Payment Dates 9/1/2016 through 9/30/2016 totaling $226,707.68; and Bi-Weekly Payroll including Check Nos. 147218 through 147234 totaling $273,287.07. B. Adoption of a Resolution Approving the Call Back Hours of Information Technology (IT) Personnel (Resolution No. 070-16) C. Adoption of a Resolution Accepting a Dedication of Land and Executing a Deed of Dedication to Accept Property and a Boundary Line Adjustment (Resolution No. 071-16) D. Approval of a Contract with NW Management Consulting, Inc. for an Update of Non- Represented Salary Program (Contract No. 082-16) E. Approval of Baldwin Relocation Assistance Voucher in Association with the Passow Property Purchase (Parcel #15) for the Bay Street Pedestrian Pathway Project MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION A. Fathoms O' Fun Festival, Inc. 2017 Carnival Sharron King and Helen Jensen with Fathoms O' Fun Festival Inc. discussed bringing back the carnival in 2017 for the Fathoms O' Fun Festival Inc. 50th anniversary and asked for Council support. Proceeds from carnival will go directly into the fireworks show fund. At 7:12 p.m., Mayor Putaansuu recessed the meeting for 10 minutes regarding Collective Bargaining discussions pursuant to RCW 42.30.140(4). City Attorney Cates was invited to attend. Mayor Putaansuu stated there might be possible action. At 7:22 p.m., Mayor Putaansuu reconvened the Council back into regular session. MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, to approve the Collective Bargaining agreement between the City and the Port Orchard Police Guild retroactive from January 1, 2016, to December 31, 2018, representing the Patrol Officers. The motion carried. Minutes of October 11, 2016 Page 3 of 7 MOTION: By Councilmember Ashby, seconded by Councilmember Diener, to approve the Collective Bargaining agreement between the City and the Police Guild retroactive from January 1, 2016, to December 31, 2018 representing the Sergeant Employees. The motion carried. 6. PUBLIC HEARING A. Public Hearing on Revenue Sources Current Expense Budget 2017-2018 and Satisfying the Requirements of RCW 84.55.120 City Treasurer Martin gave a presentation on the City's 2017/2018 revenue sources. Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 7:53 p.m. B. Public Hearing on Vacating a Portion of City Right-of-way Commonly known as Smith Street At 7:57 p.m., Mayor Putaansuu opening the public hearing. David Brice and Julie Helberg noted their objection to the street vacation. Alan Wallace with Williams, Kastner & Gibbs, PLLC, urged the Council to deny the vacation for both practical and legal reasons. He provided examples and a letter outlining why it should be denied. Leslie Hassett, Tadina Crouch, Jennifer Richardson, and Tim Matthes voiced their concerns with Council approving the street vacation, which included trying to keep the street quaint; wildlife access; building more houses in the small space; and increased traffic. David Preston stated he is the one requesting the street vacation. He understands the concerns brought forward. He is willing to work with David and Julie and will give them additional footage. He is not interested in building three shacks in that location. At 8:34 p.m., Mayor Putaansuu closed the public hearing. 7. BUSINESS ITEMS A. Adoption of an Ordinance Accepting the Petition to Vacate a Portion of City Right-of-Way Commonly Known as Smith Street Minutes of October 11, 2016 Page 4 of 7 City Attorney Cates noted due to the legal issues Mr. Wallace brought forward during the public hearing, she recommended Council not take action until she is able to review them and bring back for discussion. MOTION: By Councilmember Clauson, seconded by Councilmember Donlin, to table this item until the October 25, 2016, Council meeting. City Attorney Cates, said she may need to have an executive session regarding potential litigation upon reviewing Mr. Wallace's' letter. Councilmember Diener asked if there is value in going to work study for some of the questions that are not privileged be answered, and then move this discussion to November. AMENDED MOTION: By Councilmember Clauson, seconded by Councilmember Donlin, to move this to the November 8, 2016, Council meeting, and also add to the October 18, 2016, Work Study meeting for discussion. The motion carried. B. Adoption of Ordinance No. 031-16 Approving the Amendments to the 2013 Shoreline Master Program Regarding the Redevelopment of Shoreline Properties, and Minor Clarifications and Corrections MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to approve Ordinance No. 031-16. The motion carried. (Ordinance No. 031-16) C. Adoption of a Resolution Approving a Contract with Tom Herstad Building Design, Inc for the 720 Prospect Street Design Project MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a Resolution approving a contract with Tom Herstad Building Design, Inc. for the 720 Prospect Street Design Project in an amount not to exceed $5,000. The motion carried. (Resolution No. 072-16) D. Approval of Change Order No. 2 to Contract No. 002-16 with PND Engineers, Inc. for the 2016 DeKalb Pier Phase 2 Construction Administration Minutes of October 11, 2016 Page 5 of 7 MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to authorize the Mayor to execute Change Order No. 2 to Contract No. 002-16 with PND Engineers, Inc. in the amount not to exceed $12,000 for the Dekalb Pier - Phase 2 Project Bid Support, Construction Administration & Construction Observation. The motion carried. E. Approval of Change Order No. 3 to Contract No. 024-16 with Rice Fergus Miller for City Hall Cost Alternatives MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to approve Change Order No. 3 to Contract No. 024-16 with Rice Fergus Miller for City Hall Cost Alternatives. The motion carried. F. Approval of a Revised Job Description for the Public Works Permit Clerk MOTION: By Councilmember Cucciardi, seconded by Councilmember Donlin, to approve the public works permit clerk job description to replace the previous public works clerk job description. The motion carried. G. Approval of September 20,2016, Council Work Study Session Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the minutes from September 20, 2016 work study. The motion carried. Councilmember Diener abstained. H. Approval of September 27,2016, Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the September 27, 2016, Council meeting minutes. The motion carried. Councilmember Ashby abstained. I. Discussion: AWC's 2017 Legislative Session City Priorities Mayor Putaansuu received a list of 2017 legislative session priorities, and asked Council if they were in support of the list. Minutes of October 11, 2016 Page 6 of 7 MOTION: By Councilmember Clauson, seconded by Councilmember Donlin, to authorize the Mayor to communicate with our lobbyist to support these items listed on the AWC Legislative Agenda. The motion carried. 8. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported the Finance Committee is scheduled to meet October 13th at 7pm. Councilmember Ashby reported on the October 10th Economic Development and Tourism Committee. The next meeting is scheduled for November 14th at 9am. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet October 17th at 9am. The Sewer Advisory Committee is scheduled to meet October 19th, 6:30pm at West Sound Utility District. The Chimes and Lights Committee is scheduled to meet on October 17th at 3:30pm. Councilmember Diener reported the Land Use Committee is scheduled to meet October 19th at 7:30am. Councilmember Chang reported the Lodging Tax Advisory Committee is scheduled to meet October 17th at 5:00pm. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • 737 Bay Street updates; • New City website is up and running; • Meeting with Mansour Samadpour on development; • The KRCC legislative reception is November 10th; • October Newsletter; • Update on wayfinding signs; • Walking map for downtown; and • The Homeless Committee is scheduled for Tuesday, October 18that 4pm, and the Development Regulations Committee is also scheduled for Tuesday, October 18th at 2pm. 10. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported on this week's selection jury for the Transportation Improvement Board. Minutes of October 11, 2016 Page 7 of 7 City Treasurer Martin thanked the council for their attention during the revenue sources hearing, and explained the Implicit Price Deflator. City Clerk Rinearson reported on Mailchimp, which is free software that will streamline City information to the public. 11. CITIZENS COMMENTS Bobbie Stewart reported on the successful Ladies Night Out event. Gerry Harmon said when she was driving on Smith Street she saw a large buck. Also, if they need to take of their property, the City should have to take care of theirs. 12. EXECUTIVE SESSION An Executive Session was held earlier in the meeting. 13. ADJOURNMENT Brandy Rinearson, CMC, City Clerk Robert Putaansuu, Mayor -XV y\\\\\Ullllf CITY OF PORT ORCHARD City Clerk 216 Prospect Street, Port Orchard, WA 98366 Voice: (360) 876-4407 • Fax: (360) 895-9029 citvclerkPcitvofportorchard.us www.cityofportorchard.us TO: FROM: DATE: REGARDING: MEMORANDUM File Jenine Floyd, Deputy City Clerk jf" October 25, 2016 Language Change to Minutes of Regular Council Meeting Beginning with the October 11, 2016, Council Meeting minutes, the following changes have been made to help with the efficiency of transcribing minutes: Approval of Bi-Wookly Check Nos. 67567 through 67682 totaling $449,208.85; September Electronic Payment Dates 9/1/2016 through 9/30/2016 totaling $226,707.68; and Bi-Weekly Payroll including Check Nos. 147218 through 147234 totaling $273,287.07.