04/26/2004 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer -Excused
Robert Geiger
Rita Diienno
Carolyn Powers
Ron Rider
Rick Wyatt, Mayor Protem
CITY OF PORT ORCHARD
City Council Minutes
CITY HALL • 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
April 26, 2004
ALSO PRESENT: City Planner Wenman, City Engineer Curies, Deputy Clerk Merlino, City Clerk
Etgen, and City Attorney Jacoby.
6:30 p.m. CALL TO ORDER
Denise Thomson, a member of the Port Orchard Revitalization Team (PORT), led the audience
and Council in the Pledge of Allegiance.
PRESENTATIONS
Keith Folkerts Regarding Groundwater Management Program
Keith Folkert, representing Kitsap County Public Works, presented an update on the
Groundwater Management Program. Mr. Folkerts reported approximately one year from now
the planning process will end and the watershed plan will be due, and at that time, Port
Orchard will have to vote on the final plan. Mr. Folkerts commented the purpose of plan is to
find the best way to manage local groundwater resources; work with ecology for issuance of
water rights; and manage water resources for people, fish and wildlife. In conclusion, Mr.
Folkerts discussed the present timeline, indicating the program is currently in phase 3 of the
process, which is writing the plan, and sometime in spring 2005 the final plan will be presented
for adoption.
Darryl Piercy -Update on the Kitsap Transit Ferry Terminal Project
Darryl Piercy, Land Use Planner representing Kitsap Transit, presented modified plans for the
Kitsap Transit Ferry Terminal Project, as follows:
~ The steel gangway has been modified;
>-Provisions for better shelter are included in the plan;
~ and the plan design have become more environmentally friendly.
April 26, 2004
Page 2 of 6
Mr. Piercy stated permit approval by the Corp of Engineers is scheduled for June 2004. Mr.
Piercy also reported that the Port Orchard Revitalization Team (PORT) asked that no major
construction commence during peak boating season. Mr. Piercy advised Kitsap Transit has
taken this into consideration and construction will commence after peak boating season, which
will be sometime in mid September.
APPROVAL OF AGENDA
Councilmember Diienno moved and Councilmember Wyatt seconded a motion to
approve the Agenda with the following revisions:
•:• Remove from Consent Agenda and Place on Business Items:
o Ga. Approval of the April 12, 2004 City Council meeting minutes
Motion carried unanimously.
AUDIENCE COMMENTS
Brian Petro representing the Port Orchard Chamber of Commerce reminded the audience and
Council of the May 1, 2004 Seagull Calling Contest
CONSENT AGENDA
Councilmember Clauson moved and Councilmember Wyatt seconded a motion to
approve the Consent Agenda as modified:
B. Approval of Claim Warrants #41117-41207-in the amount of $289,240.80
C. Award of Bid -Old Clifton Road Paving Contract-Apri119, 2004 at 4:00 p.m.
D. Authorization for the Mayor to Sign an Agreement for the RV Dump Station
E. Approval of Resolution No. 2068 relating to a Petition to Vacate a portion of
City Right-of-Way within an alley Referred to as Central Addition to Sidney,
Replat
Motion carried unanimously.
BUSINESS ITEM
Councilmember Dilenno moved and Councilmember Rider seconded a motion to
continue the approval of the April 12, 2004 City Council minutes to allow for the
addition of more complete committee reports. Motion carried unanimously.
Continued Discussion on the Identification of Locally Designated "Centers of Growth"
Recommendation by the Growth Management Committee
Rob Wenman, City Planner, discussed proposed Resolution No. 2067 which identifies the three
centers of growth for future planning purposes. Mr. Wenman advised that the City Council, at
their April 12, 2004 City Council meeting, had asked the Growth Management Committee to
review the boundaries of the proposed centers of growth. Mr. Wenman reported that the Growth
Management Committee had reviewed the revisions and recommended that Resolution No. 2067
be approved and that the City recognize the prescribed centers and forward them onto KRCC for
adoption.
April 26, 2004
Page 3 of 6
Councilmember Diienno moved and Councilmember Powers seconded a motion to
approve Resolution No. 2067 identifying three centers of growth for future planning
efforts.
Council member Powers requested the Centers Map be date stamped for future reference.
Councilmember Clauson commented the City has just developed the City's Transportation Plan
and within that plan the widening of Tremont Avenue from the Port Orchard Boulevard to SR16
has been approved. In conjunction with this comment, Councilmember Clauson further
commented the purpose of identifying the "Centers of Growth" is to secure federal funding for
roadway improvements, therefore Councilmember Clauson requested the map border for the
"Tremont Avenue Employment/Community Services Center" be extended to include Port Orchard
Boulevard.
Councilmember Geiger moved and Councilmember Clauson seconded a motion to
amend the motion to approve Resolution No. 2067 by revising, page 2, Item B the
"Tremont Avenue Employment/Community Services Center" to read as follows: " ...
south to Lippert Drive, east to Pettef}' A·.·enl:le Port Orchard Boulevard, north to
include Group Health Cooperative Clinic, .... " and to further amend the Centers Map
indicating the boundary revision. Motion as amended carried unanimously.
Upon vote, Council unanimously approved the motion as amended to revise page 2,
Item B the "Tremont Avenue Employment/Community Services Center" to read as
follows: " ... south to Lippert Drive, east to Pettef}' JtNeRI:Ie Port Orchard Boulevard,
north to include Group Health Cooperative Clinic, " and to further amend the
Centers Map indicating the boundary revision.
Authorization to Remove Contaminated Soil at the Wastewater Treatment Facility
City Engineer Curies presented an update on the staff report. City Engineer Curies reported the
consultant had made an error in calculating the estimated cost in the removal and replacement of
the contaminated soil at the Joint Wastewater Treatment Facility. The contractor had submitted a
figure of $57,145, however the estimated cost is approximately $27,000.
Councilmember Clauson moved and Councilmember Wyatt seconded a motion to
authorize the removal of approximately 1,900 cubic yards of petroleum-contaminated
soil at the Wastewater Treatment Facility. Motion carried unanimously.
Mayor Abel advised Council this is a Change Order and asked how the Council wanted to proceed
in the future concerning Change Orders being approved prior to Council action. Mayor Abel
further advised there are options that the Council can consider and asked the City Attorney to
brief the Council on these options.
City Attorney Jacoby advised of the following options.
April 26, 2004
Page 4 of 6
~ The project would have to stop and wait for Council approval at the next meeting, before
the contractor could commence with their work schedule. This could cost the City
considerable amount of dollars, if it is a large project, such as the Wastewater Treatment
Facility Expansion Project, or
~ The Public Works Director could tell the contractor to proceed with the work, advising the
contractor he will recommend approval of this Change Order at the next Council meeting.
City Attorney Jacoby told Council that the City would be obligated to pay for change orders
implemented by contractors if they were told by the Public Works Director to proceed with the
work and that the Public Works Director would take the recommendation for approval of the
change order to Council at the next regular meeting
Council member Dilenno reluctantly advised she was uncomfortable at this time making a decision
to allow the City Engineer to proceed with Change Orders before final approval by the Council.
Council member Dilenno asked for more time to study this issue.
The majority of the Council concurred that City Engineer Curies should have the ability to proceed
with the project and recommend approval on behalf of the City Council and bring the
recommendation back to the Council for their final approval.
Councilmember Clauson moved, and Councilmember Wyatt seconded a motion
specifying that when change orders on public works projects arise and the City
Engineer determines that immediate action is required to keep the project on
schedule and avoid unnecessary expense, that the City Engineer is authorized to
advise the contractor that if they proceed with the change order, then the City
Engineer will make a strong recommendation to Council to approve the change
order at the next Council meeting. Motion passed with 5 affirmative votes and one
dissenting vote. Councilmember Dilenno cast the dissenting vote.
Reoort from Port Orchard Revitalization Team CPORD and Economic Development
Committee (EDC) Regarding Recommended Consultant and Authorization to
Negotiate Contracts and Recommend Consultant
Members of the PORT Committee interviewing team advised the Council four individuals had been
interviewed on Wednesday, April 21, 2004, for the consultant position that will address economic
development of the Port Orchard downtown area. The Committee recommended the consultant
EDAW for this project.
Councilmember Clauson moved and Councilmember Dilenno seconded a motion to
authorize the Public Works Director to negotiate a Scope of Work and a Contract with
EDAW for the economic development of downtown Port Orchard.
April 26, 2004
Page 5 of 6
Authorize Funding for Archaeological Work at the Wastewater Treatment Facility
City Engineer Curies advised during the excavation at the Joint Wastewater Treatment Facility,
the contractor unearthed a skeleton. It has been determined that the remains were Native
American. The City is now required to hire an archaeologist who shall examine the discovery site.
City Engineer Curies recommended that the Public Works Department continue working with the
archaeologist, Western Shore Heritage Services, while the new contract and scope of work is
being prepared.
Councilmember Clauson moved and Councilmember Powers seconded a motion to
authorize the City Engineer to select an archaeologist to assist the City in fulfilling its
State-mandated responsibilities for an archaeological discovery at the Joint
Wastewater Facility and to begin working with the archaeologist to recover any
human remains.
COMMITTEE REPORTS
Councilmember Geiger reported the Finance Committee is currently reviewing the cable
company franchise agreement for future negotiations.
Councilmember Di!enno presented the following report from the Growth Management
Committee:
'Y A request that the historical tree ordinance be placed on the May 10, 2004 City Council
agenda for discussion.
'Y A request that the Planning Commission review the language within the Comprehensive
Plan as it relates to number of units per acre and minimum lot size.
'Y A request that the Street Committee review the right-of-way parking that may exist on
Kendall Avenue and Austin Street (configured for angle parking) as it relates to the
County Master Plan.
'Y A request that all comments concerning the Countywide Planning Policies be
consolidated and provided to KRCC and Mayor for final adoption. Mayor Abel has
agreed to forward the Council's comments at the next KRCC Policy Board meeting.
Councilmember Clauson reported the Water/Sewer Committee is discussing the insurance
coverage of the Sewer Treatment Plan, due to the fact that both Karcher Creek Sewer District
and the City are both covering this facility.
MAYOR'S REPORT
Mayor Abel reported she placed the Interlocal Agreement between Kitsap County and the City
of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo concerning
allocation of Senate House Bill 2060 regarding surcharge funds to very low-income housing
projects in Kitsap County and its incorporated cities on the May 10, 2004 City Council meeting
agenda.
STAFF REPORTS
April 26, 2004
Page 6 of 6
City Planner Wenman advised a special Planning Commission meeting is scheduled for May 3,
2004 to allow for continued discussion on:
~ A rezone at the South Kitsap Boulevard and Pottery Avenue, known as the Berg
Rezone, and
~ Further discussion on the standards for the Government Overlay District.
City Attorney Jacoby reported on a sealed bid that was received on the foreclosed property
located in the Parkwood area. City Attorney Jacoby advised a recommendation would be
presented to the Council at the next meeting regarding the disposition of this property.
ADJOURNMENT
At 8:21 p.m. Mayor Abel adjourned the City Council meeting.
LD0-~L.f&c }1luL-Q~,
Michelle Merlino, Deputy City Clerk KIM E. ABEL, MAYOR