Loading...
10/10/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 10, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: Rita Diienno John Clauson Todd Cramer Robert Geiger, Mayor Protem Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Planning Director Long-Woods, Public Works Director Abed, Police Chief Townsend, Treasurer Kristine Tompkins, Deputy City Clerk Merlino, Kathy Woodside, Code Enforcement, and City Attorney Combs. 6:30 P.M. CALL TO ORDER Fran Olin led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Mayor Abel requested that Consent Item SD -"Authorization for Mayor to Sign Interlocal Agreement with Department of Emergency Management" be moved to business. Council Member Geiger requested that Consent Item SC -"Passage of Ordinance No. 020-05 Council Salaries", be moved to business. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Jerry Arnett, 288 Goldenrod read the City's Comprehensive Plan, "Maintain an Awareness of Private Property Rights." Mr. Arnett also expressed a concern with the approval of the Gazebo plat, stating the Council granted approval of this project prematurely. Mr. Arnett further stated his property and the adjacent properties were surveyed, however the surveys have not been recorded, as required by the conditions of approval. Fred Chang, 319 Sidney Avenue, expressed a concern with the agenda item regarding Council salary increases. He asked that the Mayor's salary be reviewed further and possibly compensated as a full time employee. Minutes of October 10, 2005 Page 2 of 7 PUBLIC HEARING Appeal Regarding Notice and Order for the Abatement of an Unsafe or Unlawful Condition at 1700 lincoln Avenue. Kathy Woodside, Code Enforcement Officer presented an appeal submitted by Brian Wilson on behalf of Tacoma-Pierce Properties, LLC, for property located at 1700 Lincoln Avenue, regarding a "Notice and Order for the Abatement of an Unsafe or Unlawful Condition." Code Enforcement Officer Woodside advised the Notice and Order was sent to Tacoma Pierce Properties in an attempt to have a commercial vehicle removed from this site. The commercial vehicle, with a weight of 12,000 gross, was found at the residential apartment complex unregistered and inoperable at the time. After repeated attempts to have the commercial vehicle removed the "Notice and Order for the Abatement of an Unsafe or Unlawful Condition" was sent. Code Enforcement Officer Woodside referred to Port Orchard Municipal Code 10.13.020 "Parking of Commercial Vehicles Prohibited" and reported the current zoning of the apartment complex is R20 and boarded by Commercial (Town Square Mall) and Community Facilities (National Guard Armory). Code Enforcement Officer Woodside advised this vehicle has been parked at this location for approximately 10 years. When the ordinance was adopted, the ordinance had a non-conforming use variance, which would grant vehicles 120 days from the date of the adoption to comply. Mr. Wilson submitted his appeal request to the City Clerk's Office on September 17, 2005 and asked that his appeal be heard by the City Council. Code Enforcement Officer Woodside further stated the vehicle has since been moved to another location on site and it appears the vehicle is currently being used as a storage facility. City Attorney Combs asked that the Staff Reports of October 10, 2005 and September 19, 2005 and the eight attachments become official parts of this record. Mayor Abel confirmed these items would become part of the record. Brian Wilson addressed the Council and stated he purchased the property two years ago and the vehicle was part of the purchase. Mr. Wilson further commented this apartment complex is mostly comprised of fully furnished apartments; therefore they are always looking for additional storage. The vehicle in question has traditionally been used as a storage facility. Mr. Wilson stated the vehicle has been in the same location for approximately 10 years, in a spot bordering the National Guard Armory and the Towne Square Mall. Mr. Wilson further commented the commercial business of this complex needs this vehicle to manage the property. Mr. Wilson advised this vehicle is not an eyesore with the neighbors, does not block any views, and has not received any complaints from the tenants. In conclusion, Mr. Wilson stated this may not be a conforming use in City regulations, however it is not an unsafe situation and asked for a variance to utilize this vehicle as storage, as it has been used for the last ten years. Council Member Geiger suggested that possibly a small room would be better than a vehicle for storage purposes. Mr. Wilson agreed, however due to his finances this Minutes of October 10, 2005 Page 3 of 7 situation has worked the best. He further advised he is not creating a junkyard, as this vehicle does have a purpose. Council Member Powers asked if he researched other alternatives. Mr. Wilson stated he rented a storage unit, however it does not have enough space and is inconvenient to his needs. Council Member Rider asked if the vehicle could be moved to other locations. Mr. Wilson advised the vehicle has been moved to another location. Council Member Rider asked if the vehicle could be screened from view. Mr. Wilson advised this could be a solution. Council Member Rider asked what his timelines are for other options. Mr. Wilson advised he is currently working on turning the apartments into condominium properties. However he has no other options for the vehicle, except to ask the Council for a variance and possibly put a screen around the vehicle or construct a shed. At 6:51 p.m., there was no further testimony; the Mayor closed the appeal hearing. Mayor Abel advised this is not a public hearing, so no public testimony will be allowed. City Attorney Combs advised this hearing would have been more appropriately heard at the Municipal Court, due to its civil infraction nature, however because staff chose to issue an order for abatement, the Council must hear this appeal. City Attorney Combs commented that for an appeal to succeed, the applicant should indicate a mistake or error had occurred by City Staff either in law or facts. City Attorney Combs reported that Mr. Wilson has agreed with the facts as presented by City staff. City Attorney further advised this is not a violation of the zoning code, but a violation of the parking code. A variance cannot be allowed for the parking code. Council Member Powers asked what the City could do at this time. City Attorney Combs advised nothing at this time, since this is a violation of the parking code; he has to comply with this ordinance, which was created for good reasons. Council Member Clauson moved and Council Member Wyatt seconded a motion to deny the appeal of the "Notice and Order for the Abatement of Unsafe or Unlawful Conditions" at 1700 Lincoln Avenue, regarding the removal of a Commercial vehicle, and adopt a resolution at the next regular scheduled Council meeting. Motion carried unanimously. Council Member Powers asked for further clarification about when Council action would become effective. City Attorney Combs advised the vehicle would need to be removed immediately from the premises, as fines could be assessed daily. Minutes of October 10, 2005 Page 4 of 7 CONSENT AGENDA Council Member Powers moved and Council Member Geiger seconded a motion approving the Consent Agenda as modified. Motion carried unanimously. A. Approval of Claim Warrants #44174-44353 in the amount of $1,069,650.48 and September 2005 Payroll Warrants #139324-139384 and Direct Deposits in the Amount of $321,103.85 B. Approval of September 26, 2005 Minutes, as corrected and presented C Passage of Ordinance No. 020 05 Council Salaries Moved to Business D. Authorization for ~qayor to Sign Interlocal Agreement 'Nith Department of Emergency ~qanagement Moved to Business E. Authorization for Mayor to Sign Professional Services Agreement with Cheryl Nickerson Regarding Audio/Visual Equipment BUSINESS ITEMS Authorization for Mayor to Sign Interlocal Agreement with Department of Emergency Management Mayor Abel advised she noted after carefully reading the Interlocal Agreement that the agreement calls for a resolution to be adopted by the City Council. Council Member Clauson moved and Council Member Geiger seconded a motion to authorize the Mayor to sign the Updated Interlocal Agreement for Emergency Management Services and authorize City Staff to prepare an Emergency Ordinance repealing the existing Ordinance and make it effective immediately and prepare a resolution adopting the Interlocal Agreement for the next Council meeting. Motion carried unanimously. Passage of Ordinance No. 020-05 Council Salaries Council Member Geiger moved and Council Member Wyatt seconded a motion to freeze the Council salaries at the 2005 level and repeal Port Orchard Municipal Code Section 2.60.020 Annual Adjustment. Council Member Diienno spoke against the motion as it stands, not wanting to freeze at the 2005 level. Council Member Diienno suggested keeping the proposed 2005 and 2008 levels and dropping the 2006 and 2007 levels, creating an equal raise for all positions on a certain date. Upon vote, motion carried with Council Members Clauson, Wyatt, Geiger, Powers, Rider and Cramer voting in the affirmative and Council Member Diienno casting a dissenting vote. First Reading of Ordinance Amending the 2005 Budget & Authorizing Transfer of Funds Relating to the WWTF Construction City Treasurer Tompkins reported on the amendment to the 2005 Budget and commented on how the Wastewater Treatment Facility Project has moved at a faster Minutes of October 10, 2005 Page 5 of 7 pace than expected, putting the project ahead of schedule. The money that Karcher Creek Sewer District and the City have saved for matching funds needs to be transferred into the Wastewater Treatment Facility Expansion Fund now to make payments on the construction expenses. The City Treasurer advised because this ordinance pertains to money, this is the first reading of the ordinance and the adoption of the ordinance would be at the next Council meeting. Council Member Clauson moved and Council Member Powers seconded a motion to direct staff to place an ordinance amending the 2005 budget and transferring money from the Water-Sewer Cumulative Reserve Fund and the 1984 Water-Sewer Revenue Bond Fund to the Wastewater Treatment Facility Expansion Fund on the October 24, 2005 Council consent agenda. Motion carried unanimously. Adoption of Resolution No. 027-05 Authorizing the Mayor to Sign Lovell Street No Protest Agreement Public Works Director Abed reported the Lovell Street property was annexed into the City without any development conditions. Mr. Cryder, builder for the project, elected to install a 20-foot paved access road with off-site drainage. Mr. Abed further commented the individual lots have limited requirements for future frontage improvements, Mr. Cryder agreed to sign a "no protest" agreement requiring participation in any future Local Improvement Districts (LID's). Council Member Diienno moved and Council Member Powers seconded a motion to authorize the Mayor to sign the No Protest Agreement for any future Local Improvements District (LID's) along Lovell Street and adopted Resolution No. 027-05 authorizing the No Protest Agreement. Motion carried unanimously. Discussion -Electrical Supply for Christmas Tree lights Public Works Director Abed reported in the past the City has had to use City Hall's electrical circuit to provide power to the City's Holiday tree on an annual basis. However due to the heavy load on the circuits, it has caused them to become overloaded. Mr. Abed advised City staff reviewed the situation and received a bid proposal to install a separate electrical drop for the City's Holiday tree in the amount of $5,000. This proposal was reviewed by the Finance Committee and moved to Council for final decision. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize the City Engineer to proceed with the installation of the proposed electrical drop for the City's Holiday tree for a total cost not to exceed $5,000 plus sales tax. Motion carried unanimously. Minutes of October 10, 2005 Page 6 of 7 Discussion -Potential Projects for Legislative Capital Financing Request. Mayor Abel asked for the Council's confirmation of the five top potential projects for Legislative Capital Financing Requests. Council Member Diienno asked if the Council could review the priorities further and bring them back at the next meeting. Mayor Abel advised she had promised the State she would have comments to them as soon as possible, so time is very critical. Council Member Powers expressed a concern with the City's Legislative Financing requests presented at the KRCC Legislative Dinner and suggested having a separate meeting with the State Legislature and present the City's priorities at that time. She also asked to review the KRCC 2006 Legislative Priorities. RECESS Mayor Abel called a recess at 7:41 p.m. in order for the Council to review the KRCC 2006 Legislative Priorities. Council reconvened into regular session at 7:55 p.m. Council Member Clauson moved and Council Member Wyatt seconded a motion to approve the list as presented by the KRCC 2006 Legislative Priorities as presented. Mayor Abel advised she would bring Council Member Powers questions about the Passenger Only Ferries Task Force up at the next KRCC meeting. Upon vote, motion carried with Council Members Clauson, Wyatt, Geiger, Powers, Rider and Cramer voting in the affirmative and Council Member Dilenno casting the dissenting vote. EXECUTIVE SESSION -For the Purposes of Discussing Potential litigation Council went into executive session at 8:11 p.m. for the purposes of discussing potential litigation and reconvened into regular session at 8:44 p.m., with no action taken. COUNCIL/MAYOR & STAFF REPORT The following meetings were set at the Council meeting: Festival of Chimes and Lights Committee-October 11, 2005, 6:00 p.m., City Hall Finance Committee-October 19, 2005, 6:00 p.m., City Hall Street Committee-October 13, 2005, 7:30 a.m., City Hall Deputy Clerk Merlino reported on the Health Promotion Event, scheduled for October 15, 2005 at Central Park. This event is in conjunction with AWC's Walk Across Washington. The City has sponsored a three mile walk segment and currently has 50 participates registered for this event. City Attorney Combs reported the Government Use Master Plan Overlay regulations are currently in draft format. Planning Director Long-Woods will be reviewing the document Minutes of October 10, 2005 Page 7 of 7 this week and the complete draft will be presented to the full Council at the next scheduled Council meeting. Police Chief Townsend thanked the Mayor and Council for allowing him to attend the Police FBI Academy the past three months. Police Chief Townsend advised it was a good experience and he will present Council with more details at a later date. Public Works Director Abed advised the Building Inspector and Assistant City Engineer positions have been filled. Mr. Abed also reminded the Council of the meeting regarding the Tremont Street Widening Project on Tuesday, October 18th at 6:30 p.m. and invited all the Council to participate. Mr. Abed also reported on his future meeting with the Franciscan Developers, who plan on developing a multiple use facility, in the vicinity of the Sidney/Sedgwick Area. Mayor Abel distributed to the Council the first issue from the Wet Apple Publishing Co, called the West Sound Home and Garden magazine and reported the City received a Certificate of Appreciation from the soldiers of Company C, 1st Battalion, 303'd National Guard Armory, thanking the City for their support during Operation Iraqi Freedom and continued dedication. City Attorney Combs clarified, the motion to authorize the Mayor to sign the Lovell Street No Protest Agreement, also included the adoption of Resolution No. 027-05. The Council concurred with the clarification. ADJOURNMENT At 9:03 p.m. Mayor Abel adjourned the meeting. Lyx~~A£QQ.r OLv'LQ---H Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor