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01/08/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 8, 2013 1. CALLTOORDERANDROLLCALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tern Jerry Childs and Councilmembers Fred Chang, John Clauson, Rob Putaansuu, Carolyn Powers, and Cindy Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Police Chief Townsend, Public Works Director Dorsey, Deputy City Clerk Fernandez, and City Attorney Jacoby were also present. Excused: Councilmember Jim Colebank A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Mark Trenary came in a month ago asking questions about the copier contracts, and has not received an answer. City Clerk Rinearson said she sent her response to the Finance Committee earlier that evening and will provide a response to him upon the Committee's review. In addition, she requested Mr. Trenary to leave his contact information. Councilmember Childs MOVED and Councilmember Chang seconded the motion to excuse Councilmember Colebank from the January 8, 2013, Council meeting. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. 3.APPROVALOFAGENDA Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion approving the Agenda, as written. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrant Nos. 58745 through 58829 totaling $133,484.87 and December Payroll Warrants Nos.144915 through 144962 in the amount of $575,306.80 B. Approval of December 11, 2012, Council Meeting Minutes C. Approval of Amendment No. 1 to Contract No. 002-09, Authorizing the Mayor to Execute an Inter-local Agreement with CENCOM for Emergency Services D. Approval of Public Event Application: Cub Scout Day Camp Minutes of January 8, 2013 Page 2 ofg Councilmember Clauson MOVED and Councilmember Lucarelli seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. 5· PRESENTATION A. Council Holiday Good Neighbor Awards Councilmember Clauson announced Ridgemont Nursing home as the recipient of the Holiday Good Neighbor Award for Best Business. Councilmember Lucarelli presented the Best Residence award to Mr. & Mrs. Harris. Councilmember Childs presented the Best Neighborhood award to the residents of Fantail Place at the Ridge. Councilmember Lucarelli MOVED and Councilmember Clauson second the motion to add Business Item 7E authorizing a pet license exemption to have more than three licensed animals. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Appointment of Mayor Pro-Tempore City Clerk Rinearson presented the staff report, noting according to RCW 35.23.191 the City Council at their first meeting of each calendar year shall appoint a Mayor Pro-Tempore from the current Councilmembers. RCW 35.23.191 reads: City council --Mayor pro tempore. The members of the city council, at their first meeting each calendar year and thereafter whenever a vacancy occurs in the office of mayor pro-tempore, shall elect from among their number a mayor pro-tempore, who shall hold office at the pleasure of the council and in case of the absence of the mayor, perform the duties of mayor except that he or she shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of mayor, the city council at their next regular meeting shall elect from among their number a mayor, who shall serve until a mayor is elected and certified at the next municipal election. The mayor and the mayor pro-tempore shall have the power to administer oaths and affirmations, take affidavits and certify them. The mayor or the mayor pro-tempore when acting as mayor shall sign all conveyances made by the city and all instruments which require the seal of the city. Minutes of January 8, 2013 Page 3 of9 Councilmember Powers MOVED and Councilmember Putaansuu seconded the motion to elect Councilmember Fred Chang as the Mayor Pro Tern for 2013. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. B. Approval of Contract No. 021-13, Authorizing the Mayor to Execute a Contract with BHC Consultants, LLC for Sanitary Sewer Work Associated with the Cedar Heights Sidewalk Project Public Works Director Dorsey presented the staff report, noting BHC Consultants LLC, listed on the City of Port Orchard's 2013 Professional Services Roster, have been working steadily over the past few years on project-by-project sanitary sewer capacity analysis for proposed private developments located within the City's Joint Planning Area (JPA.) As an outcome of those project-by-project analyses, and in conjunction with the City of Port Orchard's 2009 Comprehensive Sanitary Sewer Plan Update, the need to extend the 2011 Pottery Avenue Sanitary Sewer Force Main and to site a future sanitary sewer pump station as part of the Cedar Heights Sidewalk Project became evident. The BHC PS&E will become Add Alternate Bid Item No.1 to the federally funded Cedar Heights Sidewalk Project in coordination with ExcelTech prepared PS&E. The 2013 Budget includes funding for both the design and the construction of the identified sanitary sewer improvements required. BHC Consultant, LLC has provided a proposal of $38,ooo for these services. Councilmember Putaansuu said the reason for action now is not to put a force main and a lift station in two or three years after we have repaved the streets and put in new sidewalks. This is being proactive. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to execute a contract with BHC Consultants, LLC in an amount not to exceed $38,ooo, for the design and Add Alternate Bid Item #1 to the federally funded Cedar Heights Sidewalk Project. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. C. Approval of Contract No. 022-13, Authorizing the Mayor to Execute a Contract with KPFF Consulting Engineers for the 2013 Lund Avenue Bridge Program Development Public Works Director Dorsey presented the staff report, noting KPFF Consulting Engineers, listed on the City of Port Orchard's 2013 Professional Services Roster, have provided a Scope and Fee proposal for the development of the FHW A required Bridge Program for the Lund Avenue Bridge (Structure ID: 08477200), annexed into the City in 2012. In review of Kitsap County files, no formal bridge inspection (i.e., FHWA National Bridge Inspection) will be required until 2014, therefore the work plan for 2013 will be to Minutes of January 8, 2013 Page4ofg 1) create a Bridge Program in compliance with FHW A criteria and 2) develop a scope of work and cost estimate for required 2014 activities. In response to Councilmember Clauson, Public Works Dorsey said this is the City's first bridge. The Mitchell and Blackjack Creek bridges are the Department of Transportation's responsibility. Kitsap County had been managing the bridge, but after the annexation they gave it to the City. He requested that the County continue maintenance, and they declined. Mayor Matthes thanked Public Works Director Dorsey for thinking outside the box and first trying to get the County to continue maintenance of the bridge. In response to Councilmember Childs, Public Works Director said you can do normal visual inspections every other year, and the alternating years an "A Bid" inspection is required, which is a much more intensive inspection. The City will have to do an A-Bid inspection in 2014. This year the City will be setting up a program and getting a maintenance program in place. The other piece will be to determine what needs to be done in 2014, and what the cost will be in order to incorporate it into the 2014 budget. In response to Councilmember Chang, Public Works Director Dorsey said the County did share the amount they spent on maintenance. There is funding in the 2013 budget based on that analysis. Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to execute a contract with KPFF Consulting Engineers in an amount not to exceed $17,000 for the 2013 development of a Bridge Program and to establish a scope of work and cost estimate for required 2014 activities. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. D. Approval of Contract No. 023-13, Authorizing the Mayor to Execute a Contract with NL Olson & Associates for Segment No. 5 Bay Street Pedestrian Pathway Project Construction Services Public Works Director Dorsey presented the staff report, noting NL Olson & Associates, Inc., listed on the City of Port Orchard's 2013 Professional Services Roster, is the Engineer-of- Record for the Bay Street Pedestrian Pathway Project and is currently providing Segment #2 Construction Services (Staking & Construction Administration) for the City and the Port of Bremerton. NL Olson & Associates, Inc. has now submitted a proposal for the Segment #5 Construction Phase Services (Segment #5 Bid Ready PS&E, Staking & Construction Administration) in the amount no to exceed $13,000. As a reminder, Segment #5 of the Bay Street Pedestrian Pathway Project is the multi-modal trail segment associated with Westbay Center, using non-federal funding and donated easements. Minutes of January 8, 2013 Page 5 of9 Councilmember Lucarelli announced a potential conflict and recused herself from the meeting at 7:33 p.m. In response to Councilmember Powers, Public Works Dorsey said Segment V is the Westbay Center piece, which is the segment from the east side of Blackjack Creek to the east edge of Westbay Center as it heads north from the light at Kentucky Fried Chicken. It is that piece that fronts Westbay Center on the waterside. Staff is working with Bob Hampton on the donated easement agreement. This is funded by the remaining money from the State's Jobs Bill Grant. The other portion of that funding is being used to backfill the Segment II piece. The plan is to have by June 30, 2013, both Segment II and Segment V constructed. In response to Councilmember Clauson, Public Works Director Dorsey said Segment IV has a pedestrian bridge that would go over Blackjack Bridge. When the original estimate was done, the hope was we could fund the bridge abutment as part of the sidewalk. Once we got the actual bids for Segment II, the City's portion was higher than early estimated, due to the increase cost of concrete and steel. With the amount of money we are using to backfill Segment II, there is enough money at this point with the engineer's estimate and contingency we can do the design and base construction. We are going to do the bridge abutment as an add alternate. Councilmember Childs MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to execute a contract with NL Olson & Associates, Inc. in an amount not to exceed $13,000 for the Bay Street Pedestrian Pathway Project (Segment #5) Bid Ready PS&E, Staking & Construction Administration. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. Councilmember Lucarelli was recused. Councilmember Lucarelli returned to the Council Meeting at 7:37 p.m. E. Authorizing Pet License Exemption to Have More Than Three Licensed Animals City Clerk Rinearson presented the staff report, noting on Monday, January 7, 2013, the City Clerk's office received a request for a pet license variance from Mr. & Mrs. Ruiz to have their four cats and two dogs licensed within the City. Mr. & Mrs. Ruiz are moving to Port Orchard from San Antonio, Texas; and are asking for a variance for three of their animals. All animals have been spayed/neutered and micro chipped. The four cats are indoor-only. The Ruiz's have already secured a three year lease agreement at 246 Gazebo Street in Port Orchard. Port Orchard Municipal Code (POMC) 7.12.090, allows a pet owner to seek a pet license variance from the City Council to allow additional pets outside the restriction of allowing only three (3) licensed pets, dogs or cats or a combination thereof, at a single-family Minutes of January 8, 2013 Page 6 of9 residence inside City limits. Should the Council approve this variance; it will be relayed to the requestor that this exemption is not transferable. In response to Councilmember Putaansuu, City Attorney said by approving this variance, the City Council is granting the property owners the right to maintain the four cats and two dogs provided they meet all of the Council's requirements. In response to Councilmember Childs, Councilmember Lucarelli stated two of the animals are elderly, and the Ruiz's do not plan on replacing the animals until they are below the three animal limit. They are asking that we allow the animals to live out their lives. City Attorney Jacoby said in the event that an animal passes away, there is not an automatic right to replace the animals. City Clerk Rinearson said that each animal is licensed individually, and they will put the exemption on the oldest animals first. · Councilmember Lucarelli said the pet owners have had to put a $3,000 pet deposit on the rental, and they are doing their due diligence to be responsible. She feels they are doing a good job of taking care ofbusiness. Councilmember Chang said he would support the variance. Councilmember questioned what the reasons were for limiting residents to three animals. The Council might want to consider the limit of three animals at a Work Study Session. There is no process in place for this variance. Other zoning variances have a process of notifying neighbors. In this case it sounds like the animals are elderly and four of them are kept indoors. We may want to think of a process for these variances. He thinks that it is great that these pet owners are doing their homework; they could have just moved in and not licensed any of their animals. They should be commended for being responsible. Councilmember Putaansuu said he is concerned about the effect it would have on the neighbors. We do need to address it. He commends the owners for doing the right thing. His point is why does the City have this ordinance, if we are not going to enforce it. City Attorney Jacoby mentioned that four of the animals are indoor cats and there are two dogs that could be outdoors. If they only had two outdoor dogs, they would not need a variance and no one would need to be notified. He understands Councilmember Putaansuu' s concern and the future need to amend the ordinance to require notice to the neighbors, it seems like this instance would not need it for the two outdoor animals. In response to Councilmember Clauson, City Attorney Jacoby said the Council could condition the variance, making it clear that the variance was for four indoor cats. Minutes of January 8, 2013 Page 70f9 In response to Councilmember Clauson, City Clerk Rinearson said we could request the microchip numbers with their application. Councilmember Powers clarified the pet owners wrote in their letter that they did not expect the variance to be in perpetuity. Councilmember Lucarelli MOVED and Councilmember Childs seconded the motion to authorize the City Clerk to grant a pet license variance to Mr. & Mrs. Ruiz for their three remaining animals and for her to comply with all other regulations and licensing requirements of Port Orchard Municipal Code Title VII. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. 8. COMMI'ITEE REPORTS Councilmember Clauson reported the Finance Committee will meet Thursday, January 10, 2013, at the Pancake House at 7:30 a.m. Councilmember Childs reported the January Economic Development/Tourism Committee meeting is cancelled and the next meeting is scheduled for February 13, at 3:30 p.m. Councilmember Putaansuu reported Friday, January 11, 2013, there is a Utility Committee ---- Meeting and noted the letters for the Step Conversions went out before Christmas. We are going to hold two public meetings at City Hall, the first being January 23, 2013, at 6:oo p.m., the second date is to be determined. Citizens that are affected will receive notices. The purpose of the meeting is to inform property owners of what they are doing and why, and to share with them the successes of the previously converted homes. Councilmember Putaansuu asked for clarification on the status from the presentation given by Mike Warnett for the benches to be placed on the Bay Street Pedestrian Pathway. Councilmember Childs said he remembered the Council liked the style of bench and color, but would have to come back to the Council when they were ready to install them. Councilmember Chang said there was a specific place they wanted to put the improvement, but the conversation was more about the origin of the steel used in the benches instead of the design of the benches. Public Works Director Dorsey said there are two criteria that have to be met if the City wants to have their selected bench qualify for Federal funds. One is there has to be a public process and the bench has to meet the "Buy America" standards. From the information received from Leader International, he does not feel comfortable it can be achieved. The Leadership Kitsap team is working with the Port of Bremerton for the location of the bench and the other amenities as part of Segment II construction. They were coming to the City to Minutes of January 8, 2013 Page 8 ofg get approval of the bench they wanted to use. The Council said they liked the bench. It does not meet Buy America model, but most of these benches will be donated or the City could use local funds to get the benches in place. Leadership Kitsap was going to move ahead with the bench and the City was going to adopt the bench as the standard for the project. The Planning Department was not given any direction to put that in their 2013 docket. The logo on the benches can be retrofitted, they are inset with screws. Councilmember Clauson said he supports using the Leader International bench. Councilmember Lucarelli said that more benches may be donated as a memorial bench. It is the Council's consensus that Mr. Warnett should move forward with the project. Councilmember Putaansuu brought up the email regarding the County Commissioners considering a sales tax measure for mental health. The City has been asked to pass a resolution in support of the tax increase. Does Council want this on Work Study for discussion or have it as part of the next Council Meeting? Councilmember Clauson clarified with City Attorney Jacoby that this is not a ballot issue, and it is the County Commissioner's authority to implement the additional1j1o of a percent increase. Typically before the City would take a position, the public would be invited to speak for and against the proposition. City Attorney Jacoby said the RCW is specific to ballot procedures, and they are not mandated by law to follow it for this instance. Councilmember Chang said the County discussion is scheduled for January 28, 2013. In response to Councilmember Powers, Councilmember Clauson said the tax increase would be county-wide, including City taxpayers. Councilmember Clauson said the City needs to hold a Public Hearing for the January 22, 2013, Council Meeting. Councilmember Powers said the Public Properties Committee meeting was canceled for today, and the next meeting is on February 12, 2013, at Moondogs Too at 8:oo a.m. KRCC Transpol Committee is Friday, January 11, 2013, in Bremerton at the Kitsap Transit Board Meeting Room. 9· MAYOR'S REPORT No report was given. 10. REPORT OF DEPARTMENT DIRECfORS Minutes of January 8, 2013 Page 9 ofg Public Works Director Dorsey reported Well9 is moving along and the work is supposed to wrap up by the end of March; the boat ramp is being worked on during low tides; Bay Street Segment II is mobilizing this week on the easterly end of the parking area; staff is working on a traffic control plan and Will be sending out notices to all residences in area of Seattle Street and Rockwell for 60-90 days the westbound lane of Bay Street that runs from Rockwell and Harrison will be coned off for construction; and staff is working on getting the Dekalb Pier Project, Cedar Heights and Segment V under contract in the next few months. 11. CITIZENS COMMENTS Kathy Michael asked for clarification from Public Works Director Dorsey on the future road closure that will happen on Bay Street. 12. EXECUfiVE SESSION No executive session held. 13. ADJOURNMENT At 8:05p.m. Mayor Matthes adjourned the meeting. ~· l?t~