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07/25/2005 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson City of Port Orchard Council Meeting Minutes Regular Meeting of July 25, 2005 Todd Cramer, Excused Robert Geiger, Mayor Protem Rita Diienno Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Public Works Director Abed, Treasurer Tompkins, City Clerk Etgen, Planning Director Long-Woods, and City Attorney Combs. 6:30 P.M. CALL TO ORDER Glennis Gehring led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA • The Mayor added a presentation to the agenda. • Business Item "Passage of Ordinance 017-05 Temporary Vendors" was moved to the first item for discussion on the Business agenda. • Business Item "Authorization for Mayor to Sign Consultant Agreement with Berger/Abam Engineers for the Tremont Street Widening Project" was continued to the next Council meeting. PRESENTATION Mayor Abel presented a plaque to Council from the Mustangs on the Waterfront organization in appreciation of Council's support of the organization and the annual waterfront car show. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Vivian Henderson, citizen, was advised public comment would be taken during the discussion for the business item regarding temporary vendors. PUBLIC HEARING Six-vear Transportation Improvement Program Public Works Director Abed reported State law requires a six-year prioritization of road projects. The proposed project list was developed by assessing transportation needs within the City, and constrained by budgetary allowances. Mr. Abed noted that Council has been successful in obtaining regional, State and Federal funding through the efforts of Council Members and the Kitsap Regional Coordinating Council (KRCC). A majority of funding for the highest priority project on the list, Tremont Street, was obtained Minutes of July 25, 2005 Page 2 of 8 through outside funding sources. The Bay Street Pedestrian Path that connects the sidewalk along the shore is close to moving forward with negotiations with the Department of Ecology and Tribe.· Pottery Street improvements near the junior high school are also moving forward. Mr. Abed reported on-going maintenance project prioritization is based on road classification of conditions for overlay, patching and crack sealing, and is implemented on an annual basis to preserve and extend the life of streets and alleys in the City. Sidewalks are reviewed and brought up to ADA compliance standards as they are improved. Improvements to Bay Street and the downtown area could include underground power and improvements to sidewalks and drainage. Mr. Abed reviewed projects on the list, noting specifically the Sidney Street overlay and widening of Pottery Street. Several projects in the 4th through 6th year are tied to federal funding. A traffic count on roadways was used in creating the prioritization. Residential and community streets are not classified by the National Highway System and do not normally qualify for Federal or State funding, so alternative methods of funding are required, such as through the formation of a Local Improvement District (LID) or with impact or mitigation fees. The Mayor opened the public hearing to public testimony at 6:39 p.m. Patrick Lucas, resident, advised Council to budget funding for road projects. He pointed out that no improvements had been made to Goldenrod Street for 27 years until recently. He questioned why citizens should be burdened with paying for an LID when property taxes were just increased. Mr. Lucas commented there were a lot of low income and elderly residents in Port Orchard. Kristine Sanders, resident, reported she has complained about Flower Street for 11 years and it is still not listed on the plan. She stated there is funding for residential projects, it just has to be found. She stated funding was to be put aside by Developer Chuck Childress for Goldenrod and Flower, and yet neither street was listed on the plan; and that citizens could not continue to pay for the damage done by additional development without increasing taxes. She stated the Growth Management Act requires a City to revise Comprehensive Plan zoning designations if the City can't maintain roads, and asked if the Council would be revising zoning accordingly. Dousithee Chamberlain, resident, thanked the Council for referring him to Mr. Lucas for assistance with his roadway issues. Patrick Lucas questioned why the Mayor had not protested when voting on the KRCC budget allocation for road funding. With no one wishing to present further testimony, the Mayor closed the Public Hearing to public testimony at 6:48 p.m. Minutes of July 25, 2005 Page 3 of 8 In response to a question from Council Member Clauson, Mr. Abed reported funding sources must be available for the projects placed on the Six-Year Transportation Improvement Project, regardless of whether the sources are local, State or Federal in nature. Council Member Clauson questioned whether it was Mr. Abed's opinion that the prioritization needed to be revised; Mr. Abed responded the draft was based on last year's progress on programs on the list and traffic counts, and that he felt the projects were properly prioritized. He noted that there was Federal funding available for the Pottery Street project, and local funding for Fireweed. Mr. Abed clarified that LID funding could be used for major road improvements, sidewalks, drainage, street lighting, and placement of underground utilities. Resurfacing of roads falls under annual street maintenance projects. Council Member Clauson acknowledged Council Member Powers' work in obtaining funding for the Tremont Street widening project. Council Member Diienno emphasized the importance of reviewing the traffic counts in order to understand the prioritization list. She pointed out what appeared to be a typographical error in the location description for Project No. 7. Mr. Abed confirmed the plan has to be in place by August 1, 2005. Council Member Diienno emphasized the need to move Project No. 12, the Arnold Creek Crossing improvements, to a higher spot on the list. Problems at the area include the need to shore up the edge of the road, add a fog line, repair a hole in the road in front of the bus stop, repair the sewer line, and repair of the culvert. Mr. Abed reported there is no funding for the project until the 4th to 6th year when Federal funding will be available. He stated the culvert could be fixed immediately along with minor repair work. Council Member Clauson agreed the concern needed to be addressed, but noted there were several jurisdictions responsible for the area, including the County. Council Member Diienno stated Kitsap Transit also needed to be involved, and that funding would be more available if the parties present a collaborative front. Council Member Wyatt agreed with Council Member Diienno's desire to move the item up on the list. Council Member Diienno proposed moving Project No. 12 into the place of Project No. 3, and move the other projects down on the list. In response to a question by Council Member Geiger as to whether Project No. 4 would cover streets such as Flower Meadows, Mr. Abed responded no funding was available this year. Mr. Abed reported that Goldenrod had been striped and a stop bar had been installed at the stop sign. A speed hump had also been installed recently. Council Member Rider stated the Council has to take all City roads into consideration, and like individual property owner decisions about prioritizing budgeting household projects, the Council has to prioritize road projects in the City, using traffic counts and road usage as a way to make the determination as to the areas with the most need. Minutes of July 25, 2005 Page 4 of 8 Council Member Diienno moved and Council Member Wyatt seconded a motion to adopt Resolution No. 018-05 adopting the Six-Year Transportation Improvement Plan, moving Project No. 12 to Priority No. 3 on the list, moving all other projects down the list, and correcting the description of Project No.7. Upon vote, motion carried unanimously. CONSENT AGENDA Councilmember Rider moved and Councilmember Geiger seconded a motion approving the Consent Agenda. Motion carried unanimously. A. Approval of the Minutes of the June 20, 2005 City Council Workshop B. Approval of the Minutes of the June 17, 2005 City Council Joint Meeting with the City of Bremerton C. Approval of the Minutes of the July 6, 2005 City Council Joint Meeting with the County Commissioners D. Approval of the Minutes of July 11, 2005 Council Meeting E. Approval of Claim Warrants #43758-43846 in the amount of $78,552.59 F. Adoption of Resolution 019-05 Authorization to Surplus Office Furniture BUSINESS ITEMS Passage of Ordinance 017-05 Temporary Vendors Council Member Clauson advised he had been contacted by local businesses expressing concern over out-of-town businesses coming into the City for weekend sales events and taking a fair amount of business away from local businesses. He stressed businesses such as the Farmers Market need to be protected. Vivian Henderson, Kitsap Alliance of Property Owners and Patrick Lucas, resident, expressed concern over the lack of the ability for the public to have input about the issue. Francis Marsh, Glennis Gehring and Grace Lee asked several questions about the ordinance, and agreed there was not enough public input allowed for Council to pass the ordinance tonight. Craig Quisenberry, Bay Ford, and Van Vlist expressed support for passage of the ordinance. Council Member Clauson moved and Council Member Wyatt seconded a motion that the ordinance be moved into the Finance Committee to hold a public meeting to take further input about the ordinance. Council Member Diienno moved and Council Member Powers seconded an amendment to the motion that the ordinance come back to a regularly scheduled Council meeting to consider the final recommendation of the Finance Committee. Upon vote, motion carried unanimously. Upon vote, the amended motion to move the temporary vendor ordinance into the Finance Committee to schedule a public meeting to take input and make a recommendation about the ordinance to the full Council at a regular Council meeting, passed unanimously. Minutes of July 25, 2005 Page 5 of 8 Adoption of Resolution 018-05 Six-year Transportation Improvement Program This item was dealt with during the Public Hearing at the beginning of the meeting. Authorization for Mayor to Sign Consultant Agreement with Berger/Abam Engineers for the Tremont Street Widening Proiect This item was removed and will be considered on the August 8, 2005 agenda. Passage of Ordinance 016-05 Flood Damage Prevention Public Works Director Abed reported on the need to revise the existing flood damage prevention ordinance to comply with current legal standards. Council Members asked that a current City-limits map to be attached to the Ordinance. Council Member Geiger moved and Council Member Clauson seconded a motion to pass Ordinance No. 016-05 amending Port Orchard Municipal Code Chapter 15.38 regarding Flood Damage Prevention, to include a current City limits map. Council Member Diienno moved and Council Member Powers seconded an amendment to the motion to change Section 4, Subsection 15.38.340(2ii), second paragraph to strike "may be excluded" and to read: "Work done on structures to comply with existing health, sanitary or safety codes or to structures identified as historic places shall not be included in the 50 percent." Upon vote, motion carried unanimously. Upon vote, the amended motion to pass Ordinance No. 016-05 amending Port Orchard Municipal Code Chapter 15.38 regarding Flood Damage Prevention, to include a current City limits map and to change Section 4, Subsection 15.38.340(2ii}, second paragraph to strike "may be excluded" and to read: "Work done on structures to comply with existing health, sanitary or safety codes or to structures identified as historic places shall not be included in the 50 percent" passed unanimously. Approval of Public Event Application -Rock Around the Block Council Member Diienno moved and Council Member Wyatt seconded a motion to approve the "Rock Around the Block" August 13, 2005 Public Event Application and modifying the start time from 2:30 PM to 3:30 PM. Upon vote, motion carried unanimously. Discussion -Hotel/Motel Funding Update Treasurer Tompkins reported $35,629 collected in Lodging Taxes for the first half of 2005. Those funds and some carryover funds have been paid out with two groups not collecting funding as of this date -the City for the cleaning of restrooms and the Festival of Chimes and Lights. Ms. Tompkins projects approximately $87,000 will be collected in 2005 in Lodging Taxes. Minutes of July 25, 2005 Page 6 of 8 Ms. Tompkins reported the City Attorney recommends the adoption of a resolution and the passage of an ordinance in order to transition the Committee out of the City to a private organization, if this is what Council chooses to do. The resolution would transition the committee to an outside organization, and the ordinance would abolish the City's Festival of Chimes and Lights Committee that was originally created by ordinance. In response to a question about whether the brick project would be transferred to another organization along with Chimes and Lights, Ms. Tompkins responded that it would cost a minimum of $400 to have a company engrave the bricks on-site, and Council could decide whether to keep the brick project in-house or let another organization take over. Council Member Powers expressed a concern about the bricks being on public property and the need to consider that in any agreement with another organization. Council Member Clauson stated the chair of Fathoms of Fun had indicated they would be willing to take over the Festival, but asked if the City would be willing to handle the Festival for one more year to provide a transition period. Council Member Clauson expressed a hope that the City would continue to be involved and work with organizations such as Wave Cable who have assisted with electrical connections to providing lighting for the Festival. Council Member Rider expressed concern about turning the Festival over to Fathoms of Fun at this time because of the group's lack of organization. Council Member Dilenno moved and Council Member Rider seconded a motion to direct staff to prepare the appropriate mechanism to bring the banking account for Festival of Chimes and Lights in-house and bring it to Council for consideration. Council Member Clauson moved and Council Member Powers seconded an amendment to the motion that if the City later moves the Festival to an outside organization that the current funds in the account would be available to the outside organization. Upon vote, motion carried unanimously. Upon vote, the motion directing staff to prepare the appropriate mechanism to bring the banking account for Festival of Chimes and Lights in-house and bring it to Council for consideration, with the understanding that if the City later moves the Festival to an outside organization that the current funds in the account would be available to the outside organization, carried unanimously. RECESS Council recessed at 8:29 p.m., reconvening into regular session at 8:39 p.m. Minutes of July 25, 2005 Page 7 of 8 Discussion -Appointment of Ad Hoc Committee for Urban Growth Planning Discussions with Citv of Bremerton Council Member Dilenno moved and Council Member Rider seconded a motion to continue the discussion regarding the appointment of an Ad Hoc Committee for Urban Growth Planning Discussions with the City of Bremerton to the Council meeting of August 8, 2005 in order for all Council Members to be present to discuss the issue. Upon vote, motion carried unanimously. Discussion -50-foot Circle Site limitation Planning Director Long-Woods reported the 50-foot circle site limitation was originally laid out in the Zoning Ordinance to be applied to the Planned Residential Development standards. In 2003, a request was filed by Team 4 Engineering to identify and assign minimum lot sizes for all zones for single-family detached home development. In response to staff interpretations of the Code, the applicant appealed the determination to Council. The Council voted to uphold the findings of staff by Resolution 2038 regarding the 50-foot circle requirement in the PRD and determined that the 50- foot circle should also applied to all lots for development of single-family detached housing. City Attorney Combs and Ms. Long-Woods explained that changing the Council's previous direction would require a legislative process, including public hearings, similar to revising the Comprehensive Plan. Planning Commissioner Gil Michael and Mark Kuhlman, Developer, spoke for removing the "bubble" requirement. Patrick Lucas spoke for not changing the requirement. Reed Muller explained his interpretation of why the "bubble" was adopted. Council Member Dilenno moved and Council Member Rider seconded a motion to have the Planning Commission revisit the interpretations about the 50-foot bubble in Resolution No. 2038 with the specific intent of removing the 50-foot bubble and square footage requirement to be replaced with a more accurate figure as quickly as possible. Upon vote, motion carried unanimously. Approval of Salary Adjustment-Building Inspector Public Works Director Abed explained the challenges he has experienced in obtaining qualified candidates for the vacant Building Inspector position and requested Council consider modifying the salary, based on one of several salary surveys presented to Council. Council Member Diienno moved and Council Member Rider seconded a motion to modify the current monthly salary range for Building Inspector of $3,511 to $4,298 to $3,700 to $4,500. Minutes of July 25, 2005 Page 8 of 8 CONTINUATION OF MEETING PAST ADJOURNMENT TIME Council Member Wyatt moved and Council Member Clauson seconded a motion to extend the adjournment time past 9:30 p.m. in order to continue the current discussion. Council Member Dilenno moved and Council Member Rider seconded an amendment to the motion to include the Executive Session in the meeting extension. Upon vote, the amendment carried unanimously. Upon vote, the amended motion to extend the meeting adjournment time past 9:30 p.m. for continuation of the current discussion and the Executive Session passed unanimously. Continuation -Approval of Salary Adjustment-Building Inspector Council Member Diienno and Rider agreed to modify the motion to adopt the salary as outlined in the Peninsula City comparables, excluding Shelton, to a range of $3,521 to $4,408. Upon vote, motion failed with Council Members Diienno, Powers and Rider voting in the affirmative and Council Members Clauson, Geiger and Wyatt casting dissenting votes. Council Member Clauson moved and Council Member Wyatt seconded a motion to adopt the salary schedule of the 2001 salary survey comparables of $3,651 to $4,407 for the Building Inspector. Upon vote, motion carried with Council Members Clauson, Diienno, Geiger, Powers and Wyatt voting in the affirmative, and Council Member Rider casting a dissenting vote. COUNCIL MEMBER ABSENCE EXCUSED Council Member Diienno moved and Council Member Powers seconded a motion to excuse Council Member Cramer's absence from this meeting due to a work assignment. Upon vote, motion carried unanimously. EXECUTIVE SESSION Council moved into executive session at 9:42 p.m. for the purposes of discussion pending litigation, and reconvened into regular session at 10:08 p.m. ADJOURNMENT At 10:08 p.m. Mayor Abel adjourned the meeting. Carol Etge , ity Cl rk Kim E. Abel, Mayor