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05/30/2006 - Regular - MinutesCity of Port Orchard Council Meeting Minutes of May 30, 2006 Continued from Regular Council Meeting of May 22, 2006 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Dilenno Tye Moore Carolyn Powers, Mayor Protem Rick Wyatt ALSO PRESENT: Public Works Director Abed, City Clerk Etgen, Deputy Clerk Merlino, Planning Director Long-Woods, and City Attorney Combs. 7:00 P.M. CALL TO ORDER DeDe Teeters led the audience and Council in the Pledge of Allegiance. BUSINESS ITEMS Scheduling of Meetings: Council Member Wyatt advised he will be in attendance at the June 26, 2006 meeting and withdrew his excused absence. The Council set June 12, 2006 after the regular scheduled City Council Meeting a study session regarding the South Kitsap Urban Growth Area Report. The City Council canceled the June 8, 2006 study session regarding the Downtown Overlay District, due to a conflict in meeting schedule. Adoption of Resolution No. 018-06 setting the Date for Public Hearing of Vacation of Right of Way Council Member Geiger reported that there is a possibility that a portion of this proposed right-of-way could be donated to the City, and asked that this Street Vacation be reviewed further. Council Member Geiger also expressed a concern with some of the language in proposed Resolution No. 018-06 may not be correct. Council Member Clauson moved and Council Member Geiger seconded a motion to deny Resolution No. 018-06 as presented. Upon vote, motion carried unanimously. Minutes of May 30, 2006 Page 2 of 5 Approval of Hotel/Motel Special Proiect Requests Council Member Wyatt moved and Council Member Clauson seconded a motion to approve three requests as recommended by the Hotel/Motel Special Project Requests as follows: Concerts by the Bay-Kitsap County Parks and Recreation Restroom Maintenance and Repair-City of Port Orchard Festival of Chimes and Lights-City of Port Orchard Upon vote/ motion passed unanimously. $5,000.00 $2,000.00 $8,000.00 Authorization for Mayor to Sign Project Design Agreement with Puget Sound Energy for Underground Conversion Along Bay Street Council Member Clauson moved and Council Member Powers seconded a motion to authorize the Mayor to sign the Project Design Agreement with Puget Sound Energy substantially in the form hereto, subject to review and approval by the City Attorney. Motion approved with 6 affirmative votes and one abstention. Council Member Diienno arrived after discussion and abstained from voting. Discussion -Government Use Master Plan Overlay District Design Specifications City Attorney Combs presented Council with the updated version dated April 6, 2006 of the Government Use Master Plan Overly District Design Specifications. Mr. Combs advised this document has gone through the CfED review and is consistent with the City's Comprehensive Plan review. Mr. Combs asked for direction from the Council regarding the provisions for a Hearing Examiner as well as the inclusion of "Design Standards." Council Member Clauson moved and Council Member Powers seconded a motion to direct staff to put the Government Use Master Plan Overlay District Design Specifications into correct format and brought back for a Council Public Hearing to include proposed "Design Standards". Upon vote/ motion passed unanimously. Discussion -suspension of Sewer Bill Public Works Director Abed presented the staff report regarding modifications to Port Orchard Municipal Code 13.04.090 relating to discontinuation of sewer charges. Mr. Abed reported the Utility Committee has agreed to grant a property owner the suspension of their sewer billing on a temporary basis if they comply with a series of requirements. Council Member Wyatt moved and Council Member Clauson seconded a motion to have the Utilities Committee review suggestions and recommendations by the City Attorney relating to the suspension of City sewer services. Upon vote/ motion passed unanimously. Minutes of May 30, 2006 Page 3 of 5 Discussion -Annexation by Utility Districts Council Member Chang asked for clarification of on the boundaries of the Utility Districts. Public Works Director Abed advised the Utility District, such as Annapolis Water District may provide service within their service area and an Urban Growth Boundary, as long as it has been agreed upon by all parties. Annapolis Water District provides the City with notification of these utility annexations, since the City an adjacent utility provider. Mr. Abed further advised these annexation notifications are viewed by the office as well as Planning Director Long-Woods. If there are any comments, they are forwarded to the City Clerk, who compiles the responses and forwards them to Annapolis Water District. Council Member Powers asked for copies of all staff comments to Annapolis Water District. Council Member Clauson asked for copies all the utility service area agreements for Councils review. Discussion -Regarding Hearings Examiner Position Council Member Clauson asked that the City consider a Hearings Examiner for all land use issues. Council Member Clauson advised he and Council Member Wyatt have drafted an Ordinance for Council's review. The Council concurred with having Council Members Clauson and Wyatt draft an Ordinance regarding a Hearings Examiner Board. The proposed draft would be reviewed by the City Attorney, presented to City Council for their review then to Planning Commission for their review and recommendation and back to City Council for adoption. Discussion -Policy Regarding Televising City Council Meetings Council Member Clauson asked if Council wanted to move forward to televising the City Council Meeting. Council Member Clauson further cautioned the Council on the potential of Council and public comments becoming a "grandstanding opportunity". Council Member Chang moved and Council Member Dilenno seconded a motion to have staff prepare a draft policy regarding televising City Council Meetings. Council Member Powers amended motion and Council Member Clauson seconded the amendment to have the Finance Committee review the draft policy and then present draft policy to the full Council. Upon vote/ amended motion passed unanimously. Original motion as presented and amended passed unanimously. Minutes of May 30, 2006 Page 4 of 5 Award of Bid for Downtown Marquee Repair and Authorize the Mayor to Sign Contract with TEC Construction Public Works Director Abed reported four bids were received and opened on May 26, 2006. After reviewing the four bids, Mr. Abed reported the lowest bidder was TEC construction in the amount of $112,078.00. Mr. Abed reference checks were performed on TEC Construction, since they have not in the past worked for the City. Mr. Abed advised all references were contacted advised of excellent recommendations. Council Member Clauson moved and Council Member Powers seconded a motion to authorize the Mayor to sign the contract with TEC Construction to perform the Marquee repairs in accordance with CTS design drawings for a total amount not to exceed $112,078.00, plus Washington State sales tax. Ron Rider expressed a concern with more additional costs the City has incurred so far on the downtown marquee. Rudy Swenson asked what the original cost of the marquee was, what is the current value of the marquee on the City's insurance policy and if he could get a copy of the City insurance policy. Mr. Swenson also asked, "What is the true cash value of the marquee"? City Clerk Etgen responded is part of a large risk management pool and the marquee not listed separately or identified with a dollar amount in the City's policy. Mayor Abel advised Mr. Swenson the City Treasurer may have the original cost of the marquee, through the fixed assets accounts. Brenda Kruse thanked the City for moving forward with this project. Richard Brown concurred with Brenda Kruse, however commented the City needs to also move forward with annexations and with the development of the Comprehensive Plan. Gil Michael also concurred with Ms. Kruse and Mr. Brown and also recommended the City move forward with a Hearings Examiner. Mr. Michael commented further the marquee needs to be removed and does not believe the $112,000 spend will make the marquee better. Mr. Michael recommended the Council approve a portion of the bid approval and allow the volunteers to remove the pickets. Pat Carson commented he is not sure if fixing the marquee is the best use of City funds. He also expressed a concern with the City awarding this contract to the lowest bidder. Fred Olin advised the Council a downtown business owner has agreed to remove the pickets himself and feels the City will be wasting the $112,000.00 on this project. Minutes of May 30, 2006 Page 5 of 5 Council Members Dilenno and Moore advised they are not in support of spending additional funds on the marquee, however due to safety issues, this project must proceed. Council Member Chang amended the motion and Council Member Dilenno seconded the amendment to remove from the bid proposal the portion of the contract that allows the contractor to remove the pickets from the marquee and allowing the downtown merchants 15 days to provide the City with signed Hold Harmless Agreements and allow them to remove the pickets on the marquee. Upon vote, motion failed with 3 affirmative voters and four dissenting votes. Council Members Clauson, Wyatt, Geiger and Powers cast the four dissenting votes. Original motion as presented passed with 5 affirmative votes and two dissenting votes. Council Members Chang and Diienno cast the two dissenting votes. Mayor Abel called for a 5 minute recess at 9:40 p.m. Executive Session At 9:45 p.m. council went into Executive Session for 10 minutes to discuss labor negotiations. At 9:55 p.m. Mayor reconvened meeting into regular session. Public Works Director asked for Councils direction regarding the LIS System. Council Member Clauson asked to put this item into the Finance Committee for more details and review. Council Member Dilenno advised of a Street Committee meeting scheduled for May 31, 2006 at 7:00 p.m. at City Hall. ADJOURNMENT At 10:00 p.m. Mayor Abel adjourned the meeting. \ 0 --·1\t~~-AtP.Qg_< r}~ ~ Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor