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08/27/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 27, 2013 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, Rob Putaansuu, Carolyn Powers, and Cindy Lucarelli were present and constituted a quorum. City Clerk Rinearson, Public Works Director Dorsey, Development Director Bond, Office Assistant II Floyd, and City Attorney Jacoby were also present. Absent: Councilmember Clauson A. Pledge of Allegiance City Treasurer Allen Martin led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Alissa Whittleton stated when you go to the organizational chart of the City, there is a big bold box labeled citizens. She noted a Councilmember was speaking at an outside function of the proposition no. 1 ballot measure; and questions the transparency of the Council. She further mentioned that the public does not have enough opportunity to speak to the Council at their regular Council and study session meetings. 3.APPROVALOFAGENDA Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 60246 through 60302 totaling $352,464.92; B. Adoption of Resolution No. 018-13, with Webcheck, Inc. for Final Utility Billing and Lien Information Access C. Approval of Contract No. 068-13, Ratifying the Mayor's Signature with the Department of Commerce for a Readiness Contract for the Bay Street Pedestrian Pathway Segment No. 4 Councilmember Powers MOVED and Councilmember Chang seconded the motion approving the Consent Agenda. Minutes of August 27, 2013 Page2 of1o Councilmemher Putaansuu MOVED and Councilmember Powers seconded the motion to excuse Councilmember Clauson from the meeting. Upon vote, the motion passed unanimously. Upon vote, the main motion as amended passed unanimously. 5· PRESENTATION A. Proclamation: Alzheimer's Awareness Month Mayor Matthes presented Chris Attilio, a volunteer with the Alzheimer's Association, with the Alzheimer's Awareness Month proclamation. 6. PUBLIC HEARING A. McCormick Woods Development Agreement Development Director Bond presented the staff report, noting GEM1, LLC approached the City in May 2013, requesting a discussion of their vested subdivision approval. The agreement seeks to ensure continuity in development standards as a result of the City's annexation of the McCormick Woods Master Planned Community and the remaining approved but unconstructed phases of the project. A Public Hearing on the proposed development agreement has been advertised and scheduled for this evening. Mayor Matthes opened the Public Hearing at 7:18 p.m. Doug Skrobut, President of the McCormick Land Company, let the council know he is available for any questions. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:19 p.m. 7· BUSINESS ITEMS A. Adoption of Resolution No. 019-13, Authorizing the Mayor to Execute Development Agreement No. 069-13, with GEM1, LLC for the McCormick Woods Plat Development Director Bond presented the staff report, noting GEM1, LLC approached the city in May 2013 requesting a discussion of their vested subdivision approval. The agreement seeks to ensure continuity in development standards as a result of the City's annexation of Minutes of August 27, 2013 Page 3 of10 the McCormick Woods Master Planned Community and the remammg approved but unconstructed phases of the project. A Public Hearing was conducted earlier. Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to adopt Resolution No. 019-13, authorizing the Mayor to execute Development Agreement No. 069-13, with GEM1, LLC for the McCormick Woods Plat. Upon vote, the motion passed unanimously. B. Approval of Contract No. 070-13, Authorizing the Mayor to Execute an Agreement with TIMJ, LLC Regarding the Sale of Surplus Real Property City Attorney Jacoby presented the staff report, noting the action requested of the City Council is to authorize the Mayor to sign the documents that are necessary to sell and convey approximately 14,000 square feet of surplus real property to ITMJ, LLC -the owners of Hi Joy Bowl. For more than 20 years, the City has leased an area of approximately 17,000 square feet to the owners of Hi Joy Bowl, at 1011 Bethel Avenue, for use as a parking lot. The lease area is located immediately north of the Hi Joy Bowl parcel and immediately south of the Bethel Roundabout. Several years ago, Hi Joy approached the City and requested that the City sell the entire lease area to Hi Joy. The City hired an engineer to determine what portion of the lease area may be required in the event Bethel Avenue and/ or the Bethel Roundabout are widened in the future. The consulting engineer determined that approximately 3,000 square feet may be required but that the balance of the lease area (approximately 14,000 square feet) would not be needed for right of way purposes. An aerial photograph is attached to this staff report with the future right of way needs superimposed over the lease area. In July, the City Council declared 14,000 of the 17,000 square feet of the lease area as surplus to the needs of the City. The City Council also directed staff to negotiate a purchase price that is equal or greater to the appraised value of the property. The City Attorney has negotiated terms of sale that are set forth in the attached Real Estate Purchase and Sale Agreement. The surplus property is appraised at $14,500. Hi Joy will pay the City the appraised value. In addition, the City incurred expenses of $3,896.85 when it hired a consulting engineer to evaluate the future right of way needs. Hi Joy will reimburse the City for the full amount of the engineer's fees. The total consideration to be paid to the City at closing is $18,396.85. It is anticipated that additional routine documents will be needed to complete the real estate transaction, e.g., execution of a statutory warranty deed, therefore the proposed motion includes authorization for the Mayor to sign additional documents in a form approved by the city attorney as are necessary to convey the surplus propertytoiTMJ. Minutes of August 27, 2013 Page4 of1o · Councilmember Powers recognized the Myers family who has kept the bowling alley going all these years. They are good citizens and good community people. Councilmember Putaansuu supports this action to sell the surplus property, and is sorry this process took so long. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute the Purchase and Sale Agreement regarding the sale of surplus property to 'ITMJ, LLC as well as such other documents in a form approved by the City Attorney as are necessary to convey said real property. Upon vote, the motion passed unanimously. C. Approval of Contract No. 071-13, Authorizing the Mayor to Execute an Agreement with 'ITMJ, LLC Regarding the Lease of Real Property City Attorney Jacoby presented the staff report, noting for over 20 years, the City has leased approximately 17,000 square feet of real property to the owners of Hi Joy Bowl for use as a parking lot. In action taken earlier tonight, the City Council approved the sale of 14,000 of the 17,000 square feet. The owners of Hi Joy Bowl have asked to lease the balance of the original lease area, which is approximately 3,000 square feet. City Attorney Jacoby has negotiated the lease agreement with input from the Mayor and City staff. The lease term is 10 years with one 10 year option. The lease rate is $0.65 per square foot; the prior lease rate was $o.2o per square foot. The lease rate is subject to automatic annual cost of living increases. In addition, the Hi Joy owners have agreed to maintain the landscape strip adjacent to and north of the lease area. Councilmember Lucarelli MOVED and Councilmember Childs seconded the motion to authorize the Mayor to execute Agreement No. 071-13, with TIMJ, LLC for the lease of City owned land to be used as a parking lot for Hi-Joy. Upon vote, the motion passed unanimously. D. Approval of Contract No. 072-13, Authorizing the Mayor to Execute a Lease with Key Peninsula JC Football for the Use of Paul Powers Park Development Director Bond presented the staff report, noting the City received a request from Kitsap Peninsula Junior College Football to lease Paul Powers Park for football practices beginning August 28, 2013, through November 1, 2013. Per Council instructions from an August 20, 2013, study session, a lease was drafted for the use of the park. Under the terms of the lease, the organization would pay $300 to the City and have use of the park between August 28, 2013, and November 1, 2013, from 4pm until gpm Monday through Friday. The organization would be responsible for park maintenance and for providing portable Minutes of August 27, 2013 Pages of1o restrooms. The lease includes a provision for the placement of a storage container for equipment and a deposit to ensure that it is removed at the conclusion of the lease. In addition, the City Clerk brought to his attention RCW 82.29.8.130 regarding excise tax paid on leases. Since this agreement is $300, it is not exempt from excise tax. If we were to lower the fee, they would not have to pay excise tax. The alternative would be to insert language into the lease which states they would have to pay that tax on top of the $300. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to authorize the Mayor to execute Lease Agreement No. 072-13, with Key Peninsula JC Football for the use of Paul Powers Park in an amount not to exceed $249. Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to designate the $249 to the recreation purposes and admissions tax. Upon vote, the motion passed unanimously. Upon vote, the main motion, as amended, passed unanimously. E. Approval of Contract No. 073-13, Authorizing the Mayor to Execute an Agreement with Caseco Associates, Inc. for the 2013 Sidney Street End Compass Rose Construction Project Public Works Director Dorsey presented the staff report, noting on July 24, 2013, the City's Public Works Department advertised for Bid the 2013 Sidney Avenue Compass Rose Construction Project using the current MRSC Small Public Works Roster. On August 16, 2013, the City received one Bid, summarized as follows: Caseco Associates, Inc. $26,900.22 Upon review by staff, it was determined that Caseco Associates, Inc. was the lowest responsible bidder with a bid of $26,900.22, but additional tax was applied that was not warranted pursuant to Department of Revenue (DOR) Rule 171. Because this error is immaterial and insubstantial (it provides no advantage to Caseco because the same sales tax rules apply to all biders), Caseco's bid may be amended to reflect the correct application of DOR Rule 171, Therefore, the amended Caseco Associates, Inc. bid will be $24,770.00. Also, given that the Exeltech Consulting, Inc. engineering design contract of $10,161.60 will be closed-out with $3,196.00 of realized savings, the total project cost will be $31,735.60. Councilmember Powers stated this will be a great enhancement to the downtown area. Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to execute Contract No. 073-13 with Caseco Minutes of August 27, 2013 Page6 of1o Associates, Inc. in an amount not to exceed $24,770.00 for the Sidney Street End Compass Rose Construction Project. Upon vote, the motion passed unanimously. 7F. Approval of Contract No. 074-13, Authorizing the Mayor to Execute an Agreement with Asphalt Patch Systems, Inc. for the 2013 Roadway Asphalt Repair Projects Public Works Director Dorsey presented the staff report, noting on August 7, 2013, the City of Port Orchard Public Works Department selected from City of Port Orchard's MRSC Small Works Roster ten contractors for the City's 2013 Roadway Asphalt Repair Projects. Three sealed bids were received prior to the 11 a.m., August 23, 2013, bid deadline. The Asphalt Patch Systems, Inc. ·bid was determined to be the lowest responsible bid at $62,564.00 for all identified project schedules (A through D). It is anticipated that all projects schedules will be completed within 2013-2014. A summary of the bids received are as follows: Asphalt Patch Systems, Inc. Northern Asphalt Lakeside Industrial $62,564.00 $66,981.50 $84,665.94 Councilmember Lucarelli MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute a Contract with Asphalt Patch Systems, Inc. for the 2013-2014 Roadway Asphalt Repair Projects in the amount of $62,564.00 with the contract term beginning August 28, 2013, and project completion within 6o working days. Upon vote, the motion passed unanimously. In response to Councilmember Chang, Public Works Director Dorsey replied some of the areas to be covered are in the downtown area; near Sidney Avenue; and the Sedgwick/Sidney area. 7G. Approval of Public Event Applications: Etta Projects and Pizza Pedal to Run City Clerk Rinearson presented the staff report, noting Pennye Nixon, with Etta Projects & South Kitsap High School Key Club, has requested permission to use City property on Saturday, September 21, 2013, for the Etta Projects; and Chloe Mosey, with Bremerton Schools Foundation, has requested permission to use City streets and right-of-ways for the Pizza Pedal to Run on Saturday, September 7, 2013. Etta Projects and the South Kitsap Key Club have partnered for several years to create forums for youth to educate on global poverty. The H20 concert will feature local artists, Minutes of August 27, 2013 Page 70f1o and there will be education games and activities. The event is open to the public at 3:00 p.m. Pizza Pedal to Run is a Walk/Run sK bridge route, or they can bike for either 3, 10, 40, 6o or 100 miles through Bremerton and Port Orchard. They are anticipating about 20 participants and the event will begin at 10:00 a.m. City Departments, Fire Department, and Kitsap Transit have reviewed the applications and have submitted their recommendations and/ or comments, which have been provided to you. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve public event applications for the Etta Projects and South Kitsap School Key Club, and the Bremerton Schools Foundation, allowing them to hold their events using a portion of the City's parking lots and/or streets. Upon vote, the motion passed unanimously. 7H. Appointment of City Council Vacancy Position No.1 City Clerk Rinearson presented the staff report, noting on July 9, 2013, Councilmember Colebank announced his resignation from the City Council effective July 31, 2013, as he will no longer be residing in the City limits. On August 9, 2013, Council interviewed 10 applicants expressing interest in the vacant position. On August 13, 2013, Council asked Jeff Cartwright, Kim Punt, and Trish Tierney for a second interview that was held on Friday, August 23, 2013. The next step is for the Council to appoint a person to the vacated seat. Councilmember Chang noted they began their discussion by agreeing that they would be able to work with any of the three finalists. They discussed their qualifications, and all three finalists had strong advocates on the Council. All three were talented and featured very impressive qualifications. He applauded Kim Punt and Trish Tierney on their extensive community service. They are great examples on how people can improve the community. He is also sensitive to the perception that the Council would have another employee of the same agency, Kitsap Transit. He has been assured that the appointee will make his decisions independently and ethically and will represent the people of Port Orchard. Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion to appoint Jeffrey Cartwright to the City Council position Number 1 to fill an unexpired term of December 31, 2015. Upon vote, the motion passed unanimously. Minutes of August 27, 2013 Page 8 of1o 71. Approval of August 9, 2013, Special Council Meeting Minutes Councilmember Chang MOVED and Councilmember Powers seconded the motion to approval the August 9, 2013, Special Council Meeting Minutes. Upon vote, the motion passed unanimously. 7J. Approval of August 13, 2013, Council Meeting Minutes Councilmember Chang MOVED and Councilmember Lucarelli seconded the motion to approve the August 13, 2013, Council Meeting Minutes. Upon vote, the motion passed unanimously. 8. COMMITTEE REPORTS Councilmember Putaansuu thanked City Treasurer Martin, stating it is encouraging to see the City treading ahead of the plan. Councilmember Childs reported the Economic Development and Tourism Committee will meet on September 18, 2013, at 3:30 p.m. at City Hall. Councilmember Putaansuu reported the Utilities Committee will meet on September 20, 2013, at 7:30 a.m., and the next Sewer Advisory Committee will meet on October 16, 2013, at 6:30 p.m. at the District Offices. Councilmember Powers reported the Public Properties Committee will meet on September 17, 2013, at 8:oo a.m. at the Hideaway Cafe. Councilmember Chang reported the Lodging Tax Advisory Committee had two meetings last week. They were scheduled to meet with 12 applicants and heard from 10. They will be meeting this coming Wednesday to discuss recommendations they will be presenting to the Council. 9· MAYOR'S REPORT Mayor Matthes reported on the following: • The next Town Hall meeting scheduled for September 12, 2013, at 6:30pm; • Read an email thanking the Public Works department for fixing the manhole cover on Rockwell Avenue; • Participated in a pie eating contest at the Kitsap County fair, received third place. The Police Chief and Mayor of Bremerton received first and second place; • Last Sunday was a car and bike show at the Christian Life Center; and Minutes of August 27, 2013 Pageg of1o • Fathoms 0' Fun will have Elvis performing on Thursday, August 29, 2013 at 6:30 p.m. at the Port Orchard waterfront, Marina Park Gazebo. Free parking and admission and hot dogs for sale. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported next Thursday September 5, 2013, at g:oo a.m. at Cedar Heights Junior High School is a ribbon cutting for the sidewalk project. We are a month ahead of schedule and under budget. We were able to receive a storm grant, and now have two of our federal projects off of the books. Thanked Assistant City Engineer Andrea Archer-Parsons for keeping track of things. City Treasurer Martin reported they have been working with the departments on the 2014 budget, and also working on the council priorities for 2014. He will be working with the Council in October. Community Development Director Bond reported the Downtown Overlay District survey is still available if anyone is interested in providing feedback and they have a full Planning Commission agenda on September 16, 2013. 11. CITIZENS COMMENTS Kim Punt thanked the council for the opportunity to interview for the position of City Councilmember. She appreciates the time it took and to ask delving questions. She is fully supportive of the decision to appointment Jeffrey Cartwright. Jenny Wilson Beard with Kitsap Peninsula JR College Football, thanked the Council for approving the contract allowing them to use Paul Powers Park and wanted to share the first game is Saturday, 6pm at the Silverdale stadium. She further mentioned they are a nonprofit organization and have been fundraising for new uniforms and transportation. Trish Tierney said it was an honor to be a part of the Council vacancy interviewing process, and congratulated Jeffrey Cartwright. Alissa Whittleton noted the upcoming Artwalk will be held Friday, September 6, 2013, from s:oo p.m. to 8:oo p.m. This is the Men's Night Out, and families are invited. They will be having a modified poker run and a fundraiser for the Boys and Girls Club. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT At 8:04p.m., Mayor Matthes adjourned the meeting. Minutes of August 27, 2013 Page 10 of10 ~c?~ Timothy C. atthes, Mayor