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03/12/2013 - Regular - Minutes' City of Port Orchard Council Meeting Minutes Regular Meeting of March 12, 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, Rob Putaansuu, Carolyn Powers, Jim Colebank, and Cindy Lucarelli, were present and constituted a quorum. Public Works Director Dorsey, Acting Development Director Bonsell, Deputy City Clerk Fernandez, Associate Planner Haro and City Attorney Jacoby were also present. Excused: Councilmember Clauson A. Pledge of Allegiance Tom Bonsell, Acting Planning Director, led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3.APPROVALOFAGENDA The following item was added to the Consent Agenda: • Excusal of Councllmember Clauson The following item was added to Business Items: • Approval of 2013 Port Orchard Shoreline Master Program Update Required Changes Councilmember Powers MOVED and Councllmember Putaansuu seconded the motion approving the Agenda, as amended. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 59235 through 59334 totaling $320,333.13; February Payroll Checks Nos. 145011 through 145059 in the amount of $512,018.85, and Treasurer's Checkbook in the amount of $2,042,475.86. B. Approval of February 26, 2013, Council Meeting Minutes C. Setting Meeting for a Work Study Session to March 19, 2013, at 7:00p.m. at City Hall D. Approval of Public Event Applications: -Kitsap Mustang Club -Fathoms 0' Fun -Kitsap Regional Farmers Market Association Minutes of March 12, 2013 Page 2 of7 E. Authorize the Purchase from West Hills Chrysler Jeep Dodge for a 2013 Ram Public Works Truck F. Excusal of Councilmember Clauson Councilmember Childs MOVED and Councilmember Chang seconded the motion approving the Consent Agenda, as amended. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 5· PRESENTATION A. Proclamation: National Brain Injury Awareness Month Mayor Matthes presented the proclamation to Ms. Suzanne Griffin who thanked the Mayor and Council for their continued support. In addition, she spoke regarding brain injury awareness. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Approval of 2013 Port Orchard Shoreline Master Program Update Required Changes Associate Planner Haro presented the staff report, noting since 2009 Planning staff has been working with the Department of Ecology, citizens, the Planning Commission, Tribes, and other local governments to prepare the required Shoreline Master Program update. On June 12, 2012, City Council unanimously recommended approval of Resolution No. 009-12, directing staff to forward the Shoreline Master Program document for approval to the Department of Ecology. On January 11, 2013, Mayor Matthes received a letter, dated January 7, 2013, granting conditional approval to the Shoreline Master Program update. The approval was conditional upon making 14 required changes that were outlined in a matrix attached to the letter. The Mayor sent a letter to the Acting Director of the Department of Ecology on February 1, 2013, asking for more time so that Council could be consulted as to the desired course of action. Minutes of March 12, 2013 Page 3 of7 On February 19, 2013, at the City Council Work study session, Council directed staff to make the required changes and submit them for approval at a regular Council Meeting. The purpose of this business item is to approve the required changes, and direct the Mayor to respond to the Department of Ecology with the approved course of action. An ordinance will be brought forward at the second March meeting to formally approve the Shoreline Master Program. The SMP will go into effect fourteen (14) days after Ecology acknowledges the notice from the Mayor that the changes have been approved by Council. Upon advice of the City Attorney, the changes must be formally approved by a motion of the City Council City Attorney Jacoby added that his goal was to have the Department of Ecology approve the Shoreline Master Program before formally adopting an ordinance. The Department of Ecology has indicated they would like a letter from the Mayor indicating that the City accepts the changes that Ecology has recommended as discussed at last month's Work Study session. They will issue a final letter of approval at which point staff will bring the Master Shoreline Program to the Council for adoption. In response to Councilmember Childs, Associate Planner Haro reviewed a few areas that would be impacted by the changes to the Shoreline Master Program and discussed that mitigation would be an option for the few property owners who are impacted. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve the required changes to the 2013 Port Orchard Shoreline Master Program Update, and direct the Mayor to notify the Department of Ecology that required changes have been accepted, so final approval and acceptance can occur. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. B. Approval of February 19, 2013, Work Study Session Meeting Minutes Councilmember Powers MOVED and Councilmember Colebank seconded the motion to approve the February 19, 2013, Work Study Session Meeting Minutes. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. C. Approval of Contract No. 034-13, Authorizing the Mayor to Execute an Agreement with KCB for the Library Asbestos Abatement Public Works Director Dorsey presented the staff report, noting on January 17, 2013, the City of Port Orchard Public Works Department issued a Request for Proposal to three companies listed on the 2013 Public Works Small Works Roster. Two bids were received prior to the February 14, 2013, "revised" proposal deadline. The KCB bid was determined to be the lowest responsible bid at $20,986 (tax included). Since both bids received exceeded the 2013 allocated budget authority of $2o,ooo, Kitsap Regional Library (KRL) Minutes of March 12, 2013 Page4of7 has agreed to fund the difference between the final KCB project invoice and the 2013 budget amount of $2o,ooo. In response to Councilmember Putaansuu, Public Works Director Dorsey said he has an e- mail on file from Sue Whitford, Kitsap Regional Library, which states the library will commit up to $25,000 for cost overruns. Councilmember Lucarelli MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Contract No. 034-13, with KCB for the 2013 Library Asbestos Abatement project in the amount of $20,986, with the understanding that KRL has agreed to fund the difference between the final KCB project invoice and the 2013 budget amount of $20,000. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. D. Approval of Contract No. 035-13, Authorizing the Mayor to Execute a Contract with Hemley Septic Tank Cleaning, Inc. to Pump Solids from the Port Orchard Marina Lift Station Public Works Director Dorsey presented the staff report, noting on February 25,2013, the City of Port Orchard Public Works Department issued a Request for Proposal to three companies listed on the 2013 Public Works Small Works Roster. Two bids were received prior to the February 28, 2013, deadline. The Remley Septic Tank Cleaning, Inc. bid was determined to be the lowest responsible bid at $3,040.80 (including applicable State sales tax). In response to Councilmember Putaansuu, Public Works Director Dorsey said this is something the City has not traditionally pumped. This is years of build up; it is a massive clump of debris. The contractor can pump it out and dispose of it legally. This is not a routine maintenance. Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to execute Contract No. 035-13, with Remley Septic Tank Cleaning, Inc. to pump solids from the Port Orchard Marina Lift Station in the amount not to exceed $3,040.80 (including applicable State sales tax) with the contract completion date of April go, 2013. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. E. Approval of Supplement No. 3 to Contract No. 014-07, Authorizing the Mayor to Execute a Local Area Agreement (LAA) with Washington State Department of Transportation for Cedar Heights Public Works Director Dorsey presented the staff report, noting in 2005 the City of Port Orchard received Federal Highway Administration (FHW A) funding to install sidewalks on Minutes of March 12, 2013 Page 5 of7 the west side of Pottery Avenue in front of Cedar Heights Junior High School. Since then, staff has redesigned the project after bids in early 2008 came in high and staff became aware of some design changes that needed to take place. Staff completed the redesign this month and is ready to bid this project again. The project has Department of Ecology funding for part of the stormwater design, sewer funding for the future force main and FHWA Funds for the sidewalks and a portion of the stormwater. Staff has also been working with the South Kitsap School District to minimize the impacts to the school and address School District issues in the area. Construction is planned for this summer with completion of the sidewalks prior to the start of school and completion of the stormwater pieces prior to the end of October. Councilmember Putaansuu thanked staff for getting this contract finally amended. Councilmember Chang announced a potential conflict as he is a Department of Transportation employee for Business Items 7E and 7F; however, he does not stand to gain financially from this contract. There were no voiced objections to his voting on these matters. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to sign Local Agency Agreement Supplement No. 3 to Contract No. 014-07, for Cedar Heights Junior High Sidewalks to obligate funding for construction. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. F. Approval of Supplement No. 1 to Contract No. oo6-o6, Authorizing the Mayor to Execute a Local Area Agreement (LAA) with Washington State Department of Transportation for Bay Street Pedestrian Path Public Works Director Dorsey presented the staff report, noting in 2006 the City of Port Orchard received Federal Highway Administration (FHW A) funding to install curb, sidewalk, bike lane, and guardrail along one mile of Bay Street. Staff completed the design of the pathway in late 2012 using the previously obligated federal funding. The funding to be obligated with this supplement, $423,590, is to procure the necessary right-of-way for future construction. The City will need to secure several easements to allow for the future construction to occur and will utilize this funding to hire a firm to negotiate the easements and necessary right-of-way on the City's behalf. Councilmember Childs MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to sign Local Agency Agreement Supplement No. 1 to Contract No. oo6-o6, for Bay Street Pedestrian Pathway to obligate funding for the right-of-way phase of this project. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 8. COMMI'ITEE REPORTS Minutes of March 12,2013 Page 6 of7 Councilmember Putaansuu reported the Finance Committee meeting has been cancelled for tomorrow; the Utility Committee meeting is Friday morning; and the Sewer Advisory Committee meeting is April17, 2013. Councilmember Childs reported the Economic Development/Tourism Committee meeting is tomorrow at 3:30p.m. at City Hall; and the Waterfront Subcommittee is March 25, 2013, at Shari's. Councilmember Chang reported that a Lodging Tax Advisory Committee will be appointed in the next couple months and welcomes suggestions on how to streamline the process. Councilmember Powers reported the next Public Property Committee is scheduled for Tuesday, April16, 2013, at Moondogs Too. Councilmember Chang reported at today's meeting, discussion was held on a Wi-Fi pilot program; an art donation by Mr. Hammer; and the Sidney street-end. The Sidney street-end and the Wi-Fi program will be discussed at next week's Work Study. 9· MAYOR'S REPORT The Mayor Matthes reported on the following: • He received a postcard commending Public Works Director Dorsey and Public Works Employee Dennis Muldrow on how it is a pleasure to walk into a clean Active Club building. • The City has free DVDs of the two presentations given by Roger Brooks in the Clerk's Office. • Town Hall Meeting is scheduled for Thursday, March 14, 6:30 p.m. to 8:30p.m. to. REPORT OF DEPARTMENT DIRECfORS Public Works Director Dorsey reported: • Bay Street Segment 2 is moving along nicely. • Bay Street Segment 5 & Dekalb Pier -staff has been working with the contractor to establish lay down areas, and hopes they will be able to get started next week. • Well No. 9 should be completed by the end of June. • Tremont-working hard on getting the final design to DOT, and continues to work with PSRC and DOT to leverage possible funding. I \ I I I I Acting Development Director Bonsell reported: Minutes of March 12,2013 Page 7 of7 • The department is getting a steady stream of permits coming in and turning them around in a respectable time. • McCormick Village Park -beginning the preliminary stage of developing an RFP to get some work done on this project. 11. CITIZENS COMMENTS Gil Michael recalled that the City has stated in the past that the downtown merchants would be included in a public process on the Sidney street end design. He asked if this would still happen. 12. EXECUTIVE SESSION At 7:48 p.m., Mayor Matthes recessed the meeting for a 19-minute executive session regarding personnel matters in accordance with RCW 42.30.110(1)(g). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:07p.m. Mayor Matthes reconvened Council back into regular session . 13. ADJOURNMENT r Matthes adjourned the meeting. ,1/rn ~e~ Timothy C. Ma es, Mayor