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07/09/2007 - Regular - MinutesPRESENT: City of Port Orchard Council Meeting Minutes Regular Meeting of July 9, 2007 Kim E. Abel, Mayor Council Members: Mayor Pro-tem Wyatt, Chang, Clauson, Dilenno, Geiger, Putaansuu, and Powers ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Chief of Police Townsend, City Clerk Merlino, Deputy Clerk Kirkpatrick, and Assistant City Attorney Forbes. 7:00 P.M. CALL TO ORDER Mr. Ron Bates led the audience and Council in the Pledge of Allegiance. PUBLIC HEARING Six-Year Transportation Improvement Program Public Works Director Abed presented the staff report and explained that the City has transportation needs that included upgrading its street and pedestrian facilities and providing maintenance activities on its streets and sidewalks. Federal and State funding is available on a very competitive basis; however, because the Transportation Improvement Program (TIP) is constrained by City funding, the City will look at innovative ways of funding transportation shortfalls including the formation of Local Improvement Districts (LIDs) in which residents agree to tax themselves to do the necessary improvements. Mr. Abed also provided a street inventory, which listed street roadway conditions from worst to best. On June 26, 2007, the Street Committee reviewed the TIP plan and is recommending the Council approve the TIP plan. At 7:09 p.m. Mayor Abel opened the Public Hearing. Mr. Jeremy McNeil, Manager of Port Orchard Marina asked for clarification of where the Bay Street pedestrian pathway would extend. Public Works Director Abed clarified that the Bay Street pedestrian pathway would extend easterly. Mr. Gil Michael, 228 Seattle, expressed concern that Prospect Alley was not included in the current TIP list. Public Works Director Abed explained that the Minutes of July 9, 2007 2 of 7 TIP list contained City streets only and that alleyways were contained on a separate list. Mr. Ron Bates inquired as to the amount of funds spent improving the marquee and sidewalks, and voiced concern with spending additional City funds to continue improving Bay Street, which he felt was a "bottomless pit." He urged the Council to look towards future development that would draw in residents to living within City limits. There were no further public comments. At 7:16 p.m. Mayor Abel closed the Public Hearing. Public Works Director Maher clarified that the Council previously set the TIP priority assignments, and the Council could reassign the projects prior to adopting Resolution No. 017-07. Hazard Mitigation Grant Program Public Works Director Abed presented the staff report and explained this would allow public comment on the development of the proposal for the Perry Avenue project as well as authorizing submittal of the grant application to the State of Washington Emergency Management Division Hazard Mitigation Grant Program. The Perry Avenue project will evaluate and stabilize the slope adjacent to Perry Avenue, with portions of Perry Avenue being repaired and/or replaced, and provide necessary drainage and roadway improvements. The total requested grant amount is $1.1 million with the City contributory match of 25% of the total cost or approximately $275,000. In response to Council Member Geiger, Mr. Abed explained that the City's contributory match of 25% was for engineering, design, and construction. At 7:23 p.m. Mayor Abel opened the Public Hearing and closed the Public hearing at 7:24p.m. due to no public comments. Council Member Geiger moved and Council Member Clauson seconded a motion to authorize the City Engineer to submit a Hazard Mitigation Grant Application to repair failed slopes for a total amount of $1.1 million. Upon vote, motion passed unanimously. APPROVAL OF AGENDA The following items were added to Business: • Ten minute executive session regarding real estate issues • Discussion of Baccalaureate funding request • Discussion of MVET and Transportation Benefit District Discussion Minutes of July 9, 2007 3 of 7 • Discussion of Proposed Amendments to Waste Water Treatment Plant's budget The following Consent Item was removed from the Consent Agenda and placed into Business: • Adoption of Ordinance No. 018-07 Vacating a portion of S.W. Wilkins Drive AUDIENCE COMMENTS No audience comments were received. CONSENT AGENDA Council Member Powers moved and Council Member Wyatt seconded a motion to approve the consent agenda as amended. Upon vote, motion passed with five affirmative votes and one abstaining vote. Council Member Clauson cast the abstaining vote due to nonattendance at the June 25, 2007 Council meeting. A. Approval of Claim Warrants #47975 through 48061 totaling $354,708.23 and June Payroll Warrants #140822-140820 and Direct Deposits in the amount of $528,718.67. B. Minutes of the June 25, 2007, City Council Meeting BUSINESS ITEMS Adoption of Resolution No. 016-07 Repealing Resolution No. 003-06 and Establishing Certain Benefits for Non-Representative Employees City Clerk Merlino presented the staff report and explained that currently, non- represented employees must wait one year in order to use accrued vacation leave, which has been a deterrent when hiring non-represented employees. The Finance Committee reviewed the proposed changes and felt the City would be more competitive in allowing non-represented employees to use vacation leave as it was accrued, with departmental approval. After a brief discussion, the Council directed staff to revise the resolution to read that all non-represented employees would be able to use accrued vacation leave upon employment with the City, retroactive one year from adoption of Resolution No. 016-07. Adoption of Ordinance No. 018-07 Vacating a portion of S.W. Wilkins Drive The City Attorney advised that additional documents were needed and asked that this item be removed and brought forward at the July 23, 2007 meeting. Minutes of July 9, 2007 4 of 7 Council confirmation of Appointments to the Animal Appeal Board Council Member Putaansuu moved and Council Member Clauson seconded a motion to confirm the Mayor's appointment of Dr. Christman, Councilmember Wyatt, and lorraine Olsen to the Animal Appeal Board. Upon vote, motion passed unanimously. Approval of the Final Parking Plan for the Port Orchard Railway Marina Expansion Project Planning Director Long-Woods presented the staff report and explained that one of the SEPA mitigation measures required Council approval of the final parking plan for the Railway Marina Expansion Project. Further, she explained that this issue would require additional discussion. The proposed project expanded moorage slips from 38 to 58 and removed the railway and other conditions required by SEPA. Most of the work has been done and approved. Staff received a revised plan within the last 24 hours, but had not reviewed or discussed that plan. However, Mr. McNeil was available to answer Council's questions in relation to the approval of the temporary occupancy request. Assistant City Attorney Forbes clarified that on page 5, item 2(b) of Resolution No. 2057, there was a provision that required the applicant to complete certain items prior to receiving an occupancy permit. She further explained that the only issue before the Council at this point was approval to grant temporary occupancy to the applicant. All other issues would come before the Council at their July 23, 2007 meeting. Mr. Jeremy McNeil, owner of Port Orchard Railway and Marina, provided a short power point presentation, which outlined the parking plan for approval by the Council. Council Member Clauson moved and Council Member Wyatt seconded a motion to interpret Section 1, paragraph 2(b )(v) of Resolution No. 2057 authorizing a temporary occupancy permit to the applicant, Port Orchard Railway Marina, llC. Upon vote, motion passed unanimously. Approval of Application Regarding Removal of Significant Trees located at Forest Song Development Planning Director, Joanne Long-Woods presented the staff report and noted that the zoning ordinance required that the removal of all significant trees of 18" in caliper or greater shall be replaced at a ratio of 3:1 and the removal of trees 36" or greater be approved by City Council before removal. The trees are located in the right-of-way and footprint of the development. The applicant has submitted a site plan to remove 10 significant trees of 36" and greater in diameter and has identified where the trees were located and would submit the final landscaping Minutes of July 9, 2007 5 of 7 plan, including the 3:1 tree replacement plan, during the clearing/grading/excavation permitting process. Mr. William M. Palmer, Land Use Planning Consultant for Oakridge Homes, reviewed the need for the removal of the trees and explained, they are proposing to plant approximately 315 trees, which will be planted as part of the subdivision development. Ms. Jeri Harmon inquired as to the purpose of the significant tree ordinance if it wasn't to protect existing trees. Mr. Palmer clarified there would be a tree buffer in the ravine. Mr. Palmer further explained that while they tried to develop around the existing trees on the land, it wasn't always feasible due to various issues like exposing the root system, which could cause downed trees during severe weather. Council Member Wyatt moved and Council Member Clauson seconded a motion to approve the request to remove 10 trees greater than 36 inches in diameter at the site of the previously approved Forest Song Preliminary Plat/PRO and directed staff to draft a resolution for the next regularly scheduled meeting. Upon vote, motion passed unanimously. Authorization for Mayor to Sign McCormick Woods Reimbursement Agreement Public Works Director Abed presented the staff report and explained City staff has been working with Mr. Doug Skrobut, President of McCormick Land Company, for some time to structure an agreement for project reimbursement costs for building a future water reservoir. The developer agreed to build the reservoir to the City's specifications as long as the City agrees to reimburse the developer the costs to build said reservoir. The reservoir will then become part of the City's future infrastructure. Council Member Clauson provided a brief history on the City's previous Letter of Commitment outlining the City's responsibility to provide water and become the service area provider. The proposed reservoir would meet the City's prior commitment, and would improve the City's overall water system infrastructure. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign the reimbursement agreement with McCormick land Development to construct the new City Reservoir in McCormick Woods Subdivision. Upon vote, motion passed unanimously. Minutes of July 9, 2007 6 of 7 Authorization for Mayor to Sign Agreement with Caseco for Sidewalk Repair Project on North Side of Bay Street Public Works Director Abed presented the staff report and explained the Council had agreed to contract with Sierra Stone to overlay the sidewalk on the north side of Bay Street. Additionally, the Public Property Committee had asked City staff to investigate the cost to install a brick inlay to match the existing brick located on the far eastern side of the walk and to repair damaged curbing. On June 20, 2007, the Public Property Committee recommended the Council approve the Caseco proposal. Council Member Clauson moved and Council Member Powers seconded a motion to authorize the Mayor to sign the Construction Contract with Caseco to install brick inlay and to replace damaged curbing along the north side of Bay Street from Frederick Street to Harrison Street for a total amount not to exceed $78,000. Upon vote, motion passed unanimously. Adoption of Resolution 017-07 Six-Year Transportation Improvement Program for the Years 2008-2013 Council Member Dilenno moved and Council Member Geiger seconded a motion to adopt Resolution No. 017-07 Six-Year Transportation Improvement Program for the Years 2008-2013. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Council Member Chang cast the dissenting vote. After a five-minute break, Mayor Abel reconvened the meeting at 9:25 p.m. Discussion: Franchise Utilities Undergrounding Ordinance Public Works Director Abed presented the staff report and noted the effect of the new Chapter 12.16 of the Port Orchard Municipal Code Undergrounding of Utilities. Council Member Dilenno suggested language revisions to 12.16.060 to read, "may only grant an exception to the requirement if the following items are met." Council Member Diienno moved and Council Member Putaansuu seconded a motion to authorize staff to prepare an enabling ordinance and bring to a future Council meeting for action. Upon vote, motion passed unanimously. Minutes of July 9, 2007 7 of 7 Discussion: Wi-Fi in City Hall The Council discussed the benefits of having Wi-Fi within City Hall, noting concerns of costs, competing with local businesses, and interference with local residences. Council Member Powers moved and Council Member Wyatt seconded the motion to have staff discuss with Wavecable free wireless internet areas within the downtown area. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Council Members Chang and Diienno cast the dissenting votes. Council/Mayor Staff Report Council Member Powers requested the MVET and Transportation discussion be moved to the July 23, 2007 meeting. Council Member Clauson reported on the unexpected rise in disposal costs for sludge as the North Kitsap facility was not an approved sludge disposal site. The Joint Waste Water Treatment Facility has to haul to the Centralia facility and disposal costs to date are $98,000, with an estimated additional cost of $88,000 to $100,000 for the remainder of the year. They are looking at options to get the North Kitsap facility rated a Class B; however, it would take some time to obtain DOE approval. He asked that the item be placed on the July 23, 2007 agenda for further discussion. Council Member Clauson moved and Council Member Diienno seconded the motion to authorize the Mayor to donate $500 from her training budget to the Baccalaureate Task Force to conduct a study on the need for a four-year college in Kitsap County. Upon vote, the motion passed unanimously. Council Member Powers moved and Council Member Clauson seconded the motion to extend the meeting an additional ten minutes. Upon vote motion passed unanimously. At 9:57 p.m. the Council moved into a 10-minute executive session for the purpose of discussing real estate issues. ADJOURNMENT At 10:07 p.m. Mayor Abel adjourned the meeting. ~hrt_ ?.hcL Patricia J. irkpatrick, Deputy City Clerk Kim E. Abel, Mayor