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09/26/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of September 26, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson, Excused Todd Cramer Robert Geiger, Mayor Protem Rita Diienno, Carolyn Powers Ron Rider Rick Wyatt, Excused ALSO PRESENT: Planning Director Long-Woods, Public Works Director Abed, Acting Police Chief Duncan, City Clerk Etgen, Deputy Clerk Merlino and City Attorney Combs. 6:30 P.M. CALL TO ORDER Fred DePee led the audience and Council in the Pledge of Allegiance. Council Members Excused from Council Meeting Council Member Geiger, seconded by Council Member Powers, moved to excuse Council Members Clauson and Wyatt from this Council Meeting. APPROVAL OF AGENDA Council Member Diienno requested the following changes to the agenda: • The following Consent Agenda Items moved to Business Items o SE. Adoption of Resolution No. 027 Authorizing Mayor to Sign Lovell Street No Protest Agreement o SF. Adoption of Resolution No. 028-05 Authorizing Mayor to Sign Sherman Avenue No Protest Agreement o SG. Authorization for Mayor to Sign School Resource Officer Agreement • Business Item "6A -Discussion -Council Member Compensation", moved to after the Executive Session • Added to Business Item, Discussion of 50' Circles within Minimum Lot Sizes; • Added to Executive Session, discussion on Personnel Issues Council Member Rider requested adding to Business Items, discussion regarding a letter submitted by Melode' Sapp dated September 16, 2005. PRESENTATIONS Paul Chasco, Association of Washington Cities-Equity Check Minutes of September 26, 2005 Page 2 of 7 Paul Chasco was happy to report that there will be no property liability insurance rate increase for 2006. Mr. Chasco presented the City with a check in the amount of $14,872.00 for excess reserve funds shared by risk pool members for 1996 and 1997. Kitsap County-Bethel Corridor Randy Casteel, Director of Kitsap County Public Works, presented an update on the Bethel Road Corridor Plan. Mr. Casteel commented the road design is 90% completed, with the initial phase of construction to begin in early 2009 and roadwork to be completed in 2010. Randy Young, representing Henderson, Young and Company, discussed cost estimates and potential financial strategies for this project. Mr. Young noted the Revenue Sharing Interlocal Agreement between the City and County requires the development of an agreement to address these issues. Mr. Casteel and Mr. Young asked for a special work session to discuss the Bethel Corridor Plan. Mayor Abel advised staff would work with Council to set up a joint meeting. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Kathy Hall, representing Port Orchard Chamber of Commerce, distributed the "Port Orchard Walking Tour" brochure and discussed the new project wherein twenty-four business owners have agreed to place bronze plaques on their storefronts identifying their business address. Richard A. Brown, local realtor, urged the Council to move forward with the Bethel Corridor Plan. CONSENT AGENDA Council Member Rider moved and Council Member Geiger seconded a motion approving the Consent Agenda as modified. Upon vote, motion carried unanimously. A. Approval of Claim Warrants B. Approval of Council Meeting Minutes of September 12, 2005 C. Approval of Council Study Session Minutes of September 15, 2005 D. Authorization for Mayor to Sign Supplemental Agreement No. 3 with Berger/Abam for Bay Street Pedestrian Path E. Adoption of Resolution 027 OS Authorizing pqayor to Sign Lovell Street No Protest Agreement -Moved to Business Item F. Adoption of Resolution 028 OS Authorizing ~qayor to Sign Sherman Street No Protest Agreement -Moved to Business Item G. Authorization for pqayor to Sign School Resource Officer Agreement-Moved to Business Item Minutes of September 26, 2005 Page 3 of 7 H. Authorization for Mayor to Sign Grant Application with Department of Community, Trade and Economic Development for Funding for Westnet Narcotics Task Force (Duncan) I. Adoption of Resolution 029-05 Authorizing the Mayor to Sign Consent to Transfer Agreement with DMJM Harris for Entrance Contracts for Wastewater Treatment Facility BUSINESS ITEMS South Kitsap/Port Orchard Sub Area Plan James Weaver, Kitsap County, Project Manager for the Port Orchard Sub Area Plan, discussed the two deliverable documents "Development and Population Allocation Report" and the "Scoping Report." As part of the City and County's Memorandum of Agreement these two documents had to be submitted to the City to complete Phase 1. The City will contribute $60,000 for Phase 2. Council Member Geiger moved and Council Member Powers seconded a motion to approve the "Development and Population Allocation Report" and the "Scoping Report" for the South Kitsap/Port Orchard Sub Area Plan as submitted and release funding to Kitsap County allocated for the Phase 1 development of the Plan. Upon vote, motion carried unanimously. Council Member Diienno moved and Council Member Powers seconded a motion to adopt Resolution No. 026-05 authorizing the Mayor to sign the Interlocal Agreement between Kitsap County and the City of Port Orchard regarding cost sharing for the joint sub-area planning process for development of the South Kitsap/Port Orchard Urban Growth Area. Upon vote, motion carried unanimously. Authorization for Mayor to Sign the Annapolis Water District Inter-tie Contract with PACE Engineering (Continued from September 12. 2005 Council Meeting) City Attorney Combs advised this agreement would not interfere with current agreements with other jurisdictions, nor would it obligate the City to provide water to Annapolis Water District, if the City does not have the ability to do so. Upon vote, the motion as stated at the meeting of September 12, 2005, authorizing the Mayor to sign a contract with PACE Engineering to design the Annapolis Water Inter-Tie for a total amount not to exceed $20,000, carried unanimously. Authorization for Mayor to Sign Change Order No. 10 for the Wastewater Treatment Facility Council Member Cramer moved and Council Member Rider seconded a motion to authorize the Mayor to sign Change Order No. 10 for the Wastewater Minutes of September 26, 2005 Page 4 of 7 Treatment Facility in an amount of $71,778.69 plus Washington State sales tax. Upon vote/ motion carried unanimously. Adoption of Resolution No. 027-05 Authorizing the Mayor to Sign lovell Street No Protest Agreement Council Member Dilenno moved and Council Member Cramer seconded a motion to adopt Resolution 027-05 approving the No Protest Agreement and modifying the lovell Street No Protest Agreement by deleting Sections C and D of the Agreement. City Attorney Combs asked to discuss this matter in Executive Session. Council Member Diienno moved and Council Member Cramer seconded a motion to table the motion. Upon vote/ motion carried unanimously. Adoption of Resolution No. 028-05 Authorizing the Mayor to Sign Sherman Street No Protest Agreement. Public Works Director Abed reported the No Protest Agreement is necessary in order to hook up the property owners on Sherman Street to City sewer because their septic system had failed and the Health Department would not authorize a new septic system. City Attorney Combs explained it is not a good practice to tap into a force main, however the City could allow this property owner to do so, agreeing to future LID improvement costs in the neighborhood. Council Member Diienno moved and Council Member Rider seconded a motion to authorize the Mayor to sign the No Protest Agreement for future local Improvement Districts (LID's) along Sherman Avenue. Upon vote/ motion carried unanimously. Authorization for Mayor to Sign School Resource Officer Agreement. Council Member Dilenno questioned why the City was being reimbursed only 75% of the officer's salary. The Mayor advised that this position only works for the School District during the school year, and is free to work for the City the remainder of the time. Council Member Powers moved and Council Member Geiger seconded a motion authorizing the Mayor to sign a contract with the South Kitsap School District for salary and benefit reimbursement of the School Resource Officer for the years 2005 through 2006. Upon vote/ motion carried unanimously. Discussion Regarding Letter Dated September 16, 2005 as Submitted by Melode' Sapp Council Member Rider expressed a concern about a letter from Melode Sapp asking Council and Planning Commission members to step down from their respected Minutes of September 26, 2005 Page 5 of 7 positions, due to a possible conflict of interest. Mayor Abel advised she has drafted a letter to Mrs. Sapp regarding this matter. Council Member Diienno questioned the fact that Ms. Sapp sits on the Lodging Tax Advisory Committee for the Chamber of Commerce. Mayor Abel advised that other staff members from the Chamber of Commerce usually sit on the Lodging Tax Advisory Committee. Discussion of the 50-foot Circles City Planner Long-Woods asked for clarification concerning the 50-foot circle and minimum square footage in a R4.5 designation. Council proposed the square footage could not be more than 6,000 sq. ft., but not less than 4,000 sq. ft. Ms. Long-Woods also advised currently there are no minimum width requirements in the Zoning Code, and indicated this may be hard to enforce and could become a design problem. Councilmember Dilenno suggested until the City had approved the Comprehensive Plan Amendments, the City could use a 40-foot width minimum. City Attorney Combs cautioned the Council when they make changes to the zoning ordinance, a simple change could also make a difference in another section of the code. Planning Commission Chair, Gil Michael, proposed the Planning Commission hold a public meeting on these issues and forward a recommendation to the Council. RECESS Mayor Abel called for a recess at 7:57 p.m. EXECUTIVE SESSION Council reconvened at 8:02 p.m., immediately going into executive session for 45 minutes to discuss potential litigation and personnel issues. Council reconvened into regular session at 8:53 p.m. Adoption of Resolution No. 027-05 Authorizing the Mayor to Sign Lovell Street No Protest Agreement (Continued) Council Member Diienno moved and Council Member Geiger seconded a motion to take the matter of the Lovell Street No Protest Agreement off the table. Upon vote, motion carried unanimously. Council Member Geiger moved and Council Member Cramer seconded a motion to continue this matter to the meeting of October 10, 2005. Upon vote, motion carried unanimously. Council Member Rider advised Public Works Director Abed that he could proceed to work with the parties on this matter. Minutes of September 26, 2005 Page 6 of 7 Discussion -Council Member Compensation Council directed staff to prepare the Ordinance as drafted and place on the October 10, 2005 Council meeting agenda. COUNCIL/STAFF REPORTS Mayor Abel reminded Council about the Joint Study Session scheduled with the Planning Commission for Monday, October 3, 2005 at 6:30 p.m. Public Works Director Abed reported the new Assistant City Engineer would begin work on Friday, September 30th. He is negotiating with a potential employee for the Building Inspector position. Mr. Abed invited Council to attend the Tremont Street widening project informational meeting scheduled for October 18th at 6:30 p.m. City Attorney Combs reported he would bring the County Campus Overlay District outline to Council for consideration on October 10, 2005. Council Member Powers reported the Structural Engineer evaluating the Marquee should have a report to Council by October 10th or 11th. Reconsideration of Motion from September 12, 2005 Council Meeting Regarding Marquee-Lodging Tax Fund Dedication Council Member Diienno expressed a concern about the motion Council made at the September 12, 2005 meeting wherein Lodging Tax Advisory Funds were dedicated for future years without being presented to the Lodging Tax Committee. City Attorney Combs concurred that this Council could not obligate future Lodging Tax funds for future council members. Council Member Diienno moved and Council Member Rider seconded a motion to reconsider the motion regarding the Marquee and Lodging Tax Funds. Council Member Geiger moved and Council Member Powers seconded a motion to table the matter. Upon vote, motion failed with Council Members Diienno, Cramer and Rider casting dissenting votes, and Council Members Geiger and Powers casting affirmative votes. Upon vote, the motion to reconsider passed with Council Members Diienno, Cramer and Rider casting affirmative votes, and Council Members Geiger and Powers casting dissenting votes. The motion now on the floor from September 12, 2005 for consideration: Council Member Powers moved and Council Member Wyatt seconded a motion to allocate $35,000 each year out of the hotel/motel tax revenue to pay for anticipated debt for improvements to the Marquee. Minutes of September 26, 2005 Page 7 of 7 Council Member Cramer moved and Council Member Powers seconded a motion to amend the motion to direct the Mayor to prepare a request for lodging Tax Advisory Funds in the amount of $35,000 for improvements to the Marquee by Thursday of this week and submit it to the lodging Tax Advisory Board. Upon vote, the amendment carried unanimously. Upon vote, the amended motion to direct the Mayor to prepare a request for Lodging Tax Advisory Funds in the amount of $35,000 for improvements to the Marquee by Thursday of this week and submit it to the Lodging Tax Advisory Board carried unanimously. The following committee meetings were set during the Council meeting: Street, Alley & Storm Water-October 10, 2005, 5:00 p.m.-City Hall Sewer Advisory Committee-October 20, 2005, 6:30 p.m.-Karcher Creek ADJOURNMENT At 9:20 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor