Loading...
02/26/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of February 26, 2013 1. CALLTOORDERANDROLLCALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tern Fred Chang and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Carolyn Powers, Jim Colebank, 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. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Don Ryan announced the Port Orchard Market is a go and should be in construction in the next 10-14 days. He urged the Council to find a way to fund the foot ferries. Of the arterials we have to get people into the City, the foot ferry is an important link. It is a vital concern to the business owners of Port Orchard. He referred to a recent Anthony Bourdain show on the Travel Channel when he visited the Melrose Market in Capital Hill. He talked about the market bringing the community together, and it is an attraction for out of town guests. We cannot get tourists into our City if the ferries are not running. Bek Ashby announced, on behalf of the PO Chamber of Commerce, the Shop Kitsap First program will be at McLendon's Hardware store on May 4, 2013, at 7:30a.m. during the Customer Appreciation Day serving pancakes. She encouraged the Council and Mayor to join them again at this event, as they have done in prior years. Eric Mattheson, Wisteria Lane owner, spoke in support of funding the foot ferries. Kf Arthur, local realtor who is active with POBSA and the Chamber of Commerce, said it is difficult to sell homes when the foot ferry is not a reliable source of travel. The ferries are a vital corridor to our community and impact our growth and revitalization. John Strasinger, Bay Street Bistro owner, said the foot ferries are needed for a vibrant downtown core. We need people to come in from the other urban areas. People from Seattle ride the ferry to Bainbridge Island for meals and drinks. He supports looking at extending Friday and Saturday night service over Sundays, but would like to see all days funded. Shelly Wilkerson, Crazy Lady on Bay Street Gallery, said people cannot stay and enjoy what merchants have to offer because the ferry service ends early. When the Art Walk starts in May, in conjunction with Bremerton, it is necessary to have the ferries running. People in Minutes of February 26, 2013 Page 2 ofg Bremerton typically don't show up until 7:00 p.m. If there is a trade off, she would prefer later Friday and Saturday service over Sunday service. 3.APPROVALOFAGENDA Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrant Nos. 59158 through 59234 totaling $156,630-456 B. Adoption of Ordinance No. 004-13, Repealing Port Orchard Municipal Code 2.26 "Library" C. Approval of Public Event Applications: -Fathoms 0' Fun Summer Festival Craft and Vendor Show -Fathoms 0' Fun Festival by the Bay Councilmember Colebank MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Development Agreement/Donation of Public Access Easement for Westbay Center Public Works Director Dorsey presented the staff report, noting over the past several years, City of Port Orchard staff and Mr. Bob Hampton, Owner of Westbay Center located at 1305 Bay Street, have been negotiating the terms and conditions of a Development Agreement for the future redevelopment of Westbay Center, thereby vesting current City development regulations for the term of the Agreement. A development agreement is a contract between a local jurisdiction and a property owner and is expressly authorized by state law, Chapter 36.70B RCW. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. Mr. Hampton has agreed to donate a beach access easement to the City as part of this transaction. RCW 36. 70B.2oo provides that a City shall only approve a development agreement following a Public Hearing. Mayor Matthes opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:11p.m. 7· BUSINESS ITEMS Minutes of February 26, 2013 Page 3 ofg A. Approval of Contract No. 030-13, Authorizing the Mayor to Execute a Development Agreement/Donation of Public Access Easement for Westbay Center Public Works Director Dorsey presented the staff report, noting over the past several years, City of Port Orchard Staff and Mr. Bob Hampton, Owner of Westbay Center located at 1305 Bay Street, have been negotiating the Terms and Conditions of a Development Agreement for the future redevelopment of Westbay Center, thereby vesting current City development regulations for the term of the Agreement. A development agreement is a contract between a local jurisdiction and a property owner and is expressly authorized by state law, Chapter 36.70B RCW. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. Mr. Hampton has agreed to donate a beach access easement to the City as part of this transaction. A Noticed Public Hearing was held earlier this evening on this matter. Councilmember Clauson publicly thanked Mr. Hampton for this donation. Councilmember Putaansuu also thanked Mr. Hampton for his donation, and Public Works Director Dorsey and City Attorney Jacoby for their work on this. Councilmember Powers thanked everyone who helped make this become a reality. Councilmember Clauson MOVED and Councilmember Powers seconded the motion to approve and authorize the Mayor to execute, on behalf of the City, the Westbay Center Development Agreement and Beach Access Easement. Upon vote, the motion passed unanimously. B. Approval of Contract No. 033-13, Authorizing the Mayor to Execute a Pedestrian Access Easement with Westbay Management for Segment 5 of the Bay Street Pedestrian Pathway Project Public Works Director said he recommends the Council approve and authorize the Mayor to execute, on behalf of the City, the Pedestrian Access Easement agreement with Westbay Management relating to segment 5 of the Bay Street Pedestrian Pathway Project. Mayor Pro-Tern Chang said that area has been overlooked by parts of the City. He was recently at Slaughter County and it was great watching people walking by on the waterfront. The citizens are waiting for this path. He thanked Mr. Hampton. Minutes of February 26, 2013 Page4of9 Councilmember Childs commended Mr. Hampton for providing a great example for other citizens to see and emulate. This project is going to be fantastic. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to approve and authorize the Mayor to execute Contract No. 033-13, on behalf of the City, the Pedestrian Access Easement agreement with Westbay Management relating to Segment 5 of the Bay Street Pedestrian Pathway Project. Upon vote, the motion passed unanimously. C. Approval of February 12, 2013, Council Meeting Minutes Councilmember Childs MOVED and Councilmember Lucarelli seconded the motion to approve the February 12, 2013, Council meeting minutes. Upon vote, the motion passed unanimously. Councilmember Clauson abstained. D. Approval of Contract No. 031-13, Authorizing the Mayor to Execute an Agreement with MVG, LLC for the Construction of the DeKalb Street Pier Phase 1 Improvements Public Works .Director Dorsey presented the staff report, noting a Notice to Bidders/Invitation to Bid was published on January 28, 2013. By February 15, 2013, the City received seven (7) bids (see Bid Tab Summary). Upon review by City staff, it was determined that MVG, LLC was the lowest responsible bidder at $411,365 (applicable taxes included). The project generally consists of repairs to the existing timber pier cross- bracing, replacement of pier decking and railing, interim repairs to the existing float system and uplands improvements including but not limited to new access ramp, replacement of the curb, gutter and sidewalks, landscaping and lighting upgrades. In response to Councilmember Colebank, Public Works Director Dorsey said when they look at projects; there is ~tate law that dictates bidding requirements based on the project size. Due to the size of this project, the City is compelled to go out to bid. He utilized the Builder's Exchange, Commerce, and newspapers for public advertisement. The City received the bids and qualifies them. Bids must have a bid bond and provide documentation that they are going to pay prevailing wage. The bids are qualified at the bid opening with the City Clerk. Then the bids are tabulated to look for anomalies. This contract was the second lowest bid. The first lowest bid was $6o,ooo lower and was asked to recheck their numbers. The bidder were given time to provide a response, which they did after realizing a math error. Once the lowest responsible bid is determined, staff checks with the Department of Transportation and looked to see if they are on the debarment list, if not the at that point we are required to award the bid to the contractor. Councilmember Lucarelli MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to execute Contract 031-13, with MVG, LLC in Minutes of February 26, 2013 Page 5 of9 an amount not to exceed $411,365 for the construction of the Phase 1 DeKalb Pier Improvement Project. Upon vote, the motion passed unanimously. , E. Approval of Contract No. 032-13, Authorizing the Mayor to Execute an Agreement with MVG, LLC for the Construction of Segment #5 of the Bay Street Pedestrian Pathway Project Public Works Director Dorsey presented the staff report, noting a Notice to Bidders/Invitation to Bid was published on January 28, 2013. By February 15, 2013, the City received twelve (12) bids (see Bid Tab Summary). Upon review by City staff, it was determined that MVG, LLC was the lowest responsible bidder at $322,036.50 (applicable taxes included) and including Bid Alternate #1 (easterly pedestrian pathway bridge abutment). The City will construct the 700-ft multi-modal Segment #5 of the overall Bay Street Pedestrian Pathway Project (along Westbay Center shoreline frontage) using State funding and donated easements. It is anticipated that the State funding will cover the Segment #2 additional costs, the Segment #5 Base Bid, and the Segment #5 Bid Alternate #1. Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Contract No. 032-13, with MVG, LLC in an amount not to exceed $322,036.50 for the construction of Segment #5 of the Bay Street Pedestrian Pathway Project, including Bid Alternate #1. Upon vote, the motion passed unanimously. F. Approval of Change Order No. 13 to Contract No. 002-05, Authorizing the Mayor Pro-Tern to Execute a Change Order with Berger/ Abam Engineers for the Tremont Street Widening Project Public Works Director Dorsey presented the staff report, noting the current Tremont Street Widening Project (STPUS-66o(?04)) status is as follows: Right-of-Way Certification Environmental ECS/NEPA Plans, Specs & Estimate Complete Complete 98% Complete WSDOT Highway & Local Programs has determined that the project is currently deemed "Shovel Ready /Ready to Go" with regards to the potential funding opportunity associated with 2013 WSDOT /PSRC Obligation Delivery Targets. The purpose for this change order is to utilize the remaining FHWA design (PE) funding to complete the remaining plan review, Quality Assurance/Quality Control and utility coordination effort without PS&E quality compromise. Minutes of February 26, 2013 Page6 of9 Councilmember Chang announced a potential conflict as he is a Department of Transportation employee; however, he does not stand to gain financially from this contract. There were no voiced objections to his voting on this matter. Councilmember Colebank said he will abstain from this vote in accordance with previous votes regarding Tremont. City Attorney Jacoby clarified that Councilmember Colebank and the Mayor can listen in and/or vote, since the right-of-way certification is 100 percent complete. Councilmember Colebank said he will not abstain. Councilmember .Putaansuu MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor Pro-Tern to execute Change Order No. 13 to Contract No. 002-05, with Berger/Abam in an amount not to exceed $46,044 for 100% completion of the Tremont Street Widening PS&E. Upon vote, the motion passed unanimously. G. Authorizing Pet License Exemption to Have More Than Three Licensed Animals City Clerk Rinearson presented the staff report, noting on February 19, 2013, the City Clerk's office received a request for a pet license variance from Ms. Wilson to have her three cats and three dogs licensed within the City. Ms. Wilson moved to 2566 SW Siskin Circle in Port Orchard from Arizona; and is asking for a variance for three of her animals. All animals have been spayed/neutered, micro-chipped, and registered with AKC Car. The three cats are indoor-only, and Ms. Wilson's neighbors and landlord know about her pets. 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 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 Clerk Rinearson said the property owner had contacted her neighbors regarding her having six animals. Councilmember Putaansuu would like a form completed by the pet owner granting the neighbor's approval of the variance prior to bringing forward to Council. Councilmember Lucarelli thanked Ms. Wilson for going through the process of requesting a variance. Councilmember Colebank MOVED and Councilmember Lucarelli seconded the motion to authorize the City Clerk to grant a pet license variance to Ms. Wilson for her three remaining animals and for her to comply with all other regulations and licensing requirements of Port Orchard Municipal Code Title 7. Upon vote, the motion passed unanimously. 8. COMMI'ITEE REPORTS Minutes of February 26, 2013 Page 70f9 • Councilmember Clauson said the minutes from the last Finance Committee Meeting have been distributed and the next meeting is scheduled for March 13, 2013, at 7:30 a.m. • Councilmember Childs: o Reported the next Economic Development/Tourism Committee meeting is scheduled for March 13, 2013, at 3:30 p.m. at City Hall. o Gave some background information on the foot ferries • How it was cut from Kitsap Transit's budget and how the City ended up partnering with the City of Bremerton and the Port of Bremerton to fund it with lodging tax money. • He doesn't believe the $6,6oo will cover the full cost of Sundays, and there are no additional moneys in the fund to transfer over if a shortfall occurs. • The 2013 budget was very difficult, and he does not know where additional funds would come from to fund the ferry for Friday and Saturday evening service. • Mayor Pro-Tern Chang said with the $6,6oo allocated to the ferries this year, if the hours of service were calculated and multiplied by the cost, he feels we should be able to fund the evening service in lieu of the Sunday service if we can get our partners to agree to the change. • Clerk Rinearson has been working on that project to see what the partners are willing to do. o Reported that the first Waterfront Vision Subcommittee was held. They discussed how to put together a master plan that will give business owners the plan for developing on the waterfront. Town Hall meetings will need to be held to get public input. Memorial Day festivities would be great for a ribbon cutting and celebration for the work at the park. The next meeting is scheduled for March 25, 2013, at 7:30 a.m. at Shari's. • Councilmember Putaansuu reported the Utility Committee meeting is changed to March 15, 2013. They recently had a couple of public meetings regarding the step system conversion. He also reported the next Sewer Advisory Committee meeting is April17, 2013, at City Hall. • Councilmember Powers reported the Public Property Committee meeting is scheduled for March 12, 2013. The last meeting focused on what to do about the "roundabout" by the library. Mark will give a presentation at the next meeting. • Councilmember Colebank read his report on the Puget Sound Regional Council Transportation Policy Board meeting on February 14, 2013; KRCC Transportation Policy Board; and the Peninsula Regional Transportation Planning Organization Meeting. 9· MAYOR'S REPORT The Mayor Matthes reported on the following: Minutes of February 26, 2013 PageS ofg • Ribbon Cutting of the Water Street Boat Launch on February 27,2013 at g:oo a.m. • The first Town Hall Meeting for 2013 is scheduled for March 14, 2013, at City Hall. • The City website is revamped, please visit to see the changes and give us your feedback www.cityofportorchard. us. 10. REPORT OF DEPARTMENT DIRECTORS ) • Public Works Director Dorsey said Well No. 9 will be completed in early April; Segment No. 2 is under construction; Segment No. 5 will be under construction shortly; Cedar Heights project will be in June. • City Attorney Jacoby said the actions taken at tonight's meeting were a huge step for the future of the City. He commended Public Works Director and said he is one of the best. • City Clerk Rinearson said the tomorrow's ribbon cutting has been properly noticed, so all Councilmembers are able to attend. · 11. CITIZENS COMMENTS Mary Phelps wanted to know how Tremont was to be widened. Public Works Director briefly explained the project to her and that he is trying to take advantage of current PSRC funding. Don Ryan thanked Councilmember Childs for the history of the foot ferry funding and how it related to Lodging Tax Advisory Committee (LTAC). He served on LTAC this year, and misunderstood the allocations for being additional to the previous year's funds. He feels we can ask for a little bit of funding from different organizations to help fully fund the ferries. He also reported that Jerry McDonald has lined up a concierge tour for March 20, 2013. He mentioned the foot ferry schedule is not in the Adventure Map, because it does not run during peak tourism times. Mayor Matthes commented that if we can launch the evening ferries, the riderl;lhip might be better than the Sunday service, which would reduce the amount of money that would be paid for the service. Councilmember Childs said lack of marketing probably played a role in low ridership. We will need to do a better job getting the word out that the ferry has additional runs. Councilmember Powers gave a report on the KRCC meeting held earlier that day. The consultant gave a full report, and she has managed to juggle funds around to keep running the TransPol and Technical Committees. She also gave thanks to the previous Councils and Minutes of February 26, 2013 Page 9 of9 Mayors who through the years have put a lot of time, effort, vision, and money towards the projects that are now coming to fruition. She thanked Mr. Hampton for helping make the Bay Street Pedestrian Pathway a reality. She also recognized the Port Orchard Bay Street Association (POBSA) for being a dynamic, hard-working group with a lot of vision. They are coming up with a lot of ideas for Port Orchard and how to fund it. She encouraged everyone to give a hand to everybody who is involved in all of these projects . Bob Hampton acknowledged Councilmember Clauson for approaching him five years ago for the project. He appreciated the steadfastness of the Council. He also acknowledged Public Works Director Dorsey and City Attorney Jacoby, stating it was a pleasure working with them, and they displayed the utmost amount of integrity and transparency in making this partnership possible . He said the project is tremendous to the City and vital to the potential of this town. Gil Michael recalled when he came to this town 18 years ago and one of the first documents he read was Kasprisin' s Waterfront Plan for downtown. He is especially proud of getting the eastern abutment to the bridge. It is the key to finish the plan. He also said there is funding available for the ferries without going to the non -profits, who are already stretched thin. He asked the LTAC Chair to talk with the City Treasurer about the cash carryover from 2012 . He asked the Finance Committee to go over the budget to find the funds for the ferries. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT At 8:22p.m. Mayor Matthes adjourned the meeting. --:;L_~CI#~ Timothy C,';tthes, Mayor