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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