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02/14/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of February 14, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger, Mayor Protem Rita Diienno Carolyn Powers, Excused Ron Rider Rick Wyatt ALSO PRESENT: Interim Public Works Director Lobdell, Planning Director Long-Woods, City Clerk Etgen, and Assistant City Attorney Jacoby. 6:30 P.M. CALL TO ORDER Steve Slaton, Port of Bremerton, led the audience and Council in the Pledge of Allegiance. PRESENTATIONS-Steve Slaton, Update on Port of Bremerton Mr. Slaton reported on planned development at the Port Orchard marina, noting the number of boats visiting the marina and consequent economic impact for the community. He also updated Council about the planned renovations and fuel dock upgrade, along with information on plans for the Bremerton marina. APPROVAL OF AGENDA The Mayor removed Item E, Acceptance of Spring Cleanup Week, from the consent agenda for staff to reschedule the event. Council Member Diienno requested Item B, Minutes of the January 26, 2005 Joint Special Meeting with Karcher Creek Sewer District, be moved to Business. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Dick Brown, citizen, requested Council approval for a sewer hookup at his residence on Sidney and Birch. Council Member Clauson moved and Council Member Dilenno seconded a motion to approve the connection to City sewer for the residence at Sidney and Birch as requested by Mr. Brown, contingent upon the City Engineer's approval of the hookup. Upon vote, motion carried unanimously. Minutes of February 14, 2005 Page 2 of 5 William M. Palmer, citizen, requested information on when the Council may be considering the initial annexation petition he had submitted for properties at Sedgwick and Sidney. Planning Director Joanne Long-Woods reported it would come before Council on the February 28th agenda, and that Council has a 60-day timeframe to consider the initial petition. PUBLIC HEARING Second Public Hearing Regarding a Pre-Annexation Comprehensive Plan Designation/Zoning Classification Submitted by Cara Land Co., L.L.C. (Adoption of Ordinance No. 002-05-see Consent Agenda Item No. 61) Mayor Abel opened the public hearing at 6:56 p.m. With no one coming forward to testify, she closed the public hearing to testimony, noting that Council would be taking action on this matter on the consent agenda. CONSENT AGENDA Councilmember Rider moved and Councilmember Wyatt seconded a motion approving the Consent Agenda as modified. Upon vote, motion carried unanimously. 6. CONSENT AGENDA A. Minutes of the January 24, 2005 City Council Meeting B. ~1inutes of the January 26, 2005 Joint Special ~1eeting with Karcher Creek Sewer District -Moved to Business C. Approval of Claim Warrants #42752-42883 in the amount of $1,476,350.52 and January 2005 Payroll Warrants #138817-138875 and Direct Deposits in the Amount of $310,152.42. D. Adoption of Resolution No. 003-05 Awarding the Contract to Clean Out Septic Tanks in McCormick Woods E. Acceptance of Spring Cleanup Week-Removed from Agenda F. Adoption of Resolution No. 004-05 Accepting Construction of the Tremont Street and Sidney Avenue Traffic Signal Improvements G. Authorize Mayor to Sign Revision to Contract with Robinson and Noble for Water Rights Work H. Authorize Mayor to Sign Agreement for Legal Services with Cedar River Law Professionals, PLLC. I. Approval of Ordinance No. 002-05 Designating Property Industrial/Manufacturing on the City's Comprehensive Plan Map and Employment-Industrial and Office on the City's Zoning Map Relative to the CARA Land Co. Annexation. COUNCIL MEMBER ABSENCE Minutes of February 14, 2005 Page 3 of 5 Council Member Rider moved and Council Member Clauson seconded a motion to excuse Council Member Powers from the meeting. Upon vote, motion carried unanimously. BUSINESS ITEMS Minutes of the January 26, 2005 Joint Special Meeting with Karcher Creek Sewer District Council Member Diienno moved and Council Member Cramer seconded a motion to approve the special meeting minutes of January 26, 2005. Upon vote, motion carried unanimously. Council Member Clauson moved and Council Member Dilenno seconded a motion to reconsider the motion to approve the special meeting minutes of January 26, 2005. Upon vote, motion carried unanimously. Council Member Clauson moved to approve the special meeting minutes of January 26, 2005, amending them to add Council Member Powers as an attendee. Upon vote, motion carried unanimously. Adoption of Resolution No. 005-05 Authorizing the Mayor to Sign the Groundwater Monitoring Well Installation Professional Services Agreement Council Member Clauson moved and Council Member Wyatt seconded a motion to adopt Resolution No. 005-05 authorizing the Mayor to enter into a professional services contract with Howard Small of GeoScience Management, Inc. for two rounds of groundwater sampling at a cost not to exceed $9,229.00. Council Member Geiger expressed a concern about his recollection of being quoted a cost of $300 to monitor the wells. Assistant City Attorney Greg Jacoby reported the figures in the professional services contract were well within those of others he was familiar with. Upon vote, motion carried unanimously. Adoption of Resolution No. 006-05 and 007-05 Relating to Phase II of the Wastewater Treatment Plant Construction Management Council Member Rider moved and Council Member Cramer seconded a motion to adopt Resolution No. 006-05 affirming that upon full performance of Contract Amendment No. 16 with RH2, the City intends to seek future construction management services from an alternative provider. Upon vote, motion carried unanimously. Council Member Rider moved and Council Member Cramer seconded a motion to adopt Resolution No. 007-05 directing the City to hire Entranco Minutes of February 14, 2005 Page 4 of 5 Engineers, Inc. for future construction management services relating to the expansion of the WWTP and authorizing the Mayor to enter into a contract with Entranco, in a form approved by the City Attorney. Upon vote, motion carried unanimously. Council Member Clauson pointed out that that the Sewer Advisory Committee had been involved in the discussions regarding these issues and supported the action involved in adopting both resolutions. Discussion of Policy Questions regarding the Cable Television Franchise Agreement Council came to general agreement regarding several policy issues Finance Committee members requested be discussed in moving forward to negotiate the cable franchise agreement, including: to investigate the cost of broadcasting Council meetings, imposing a $10,000 non-refundable filing fee, raising the franchise fee to 5 percent, and including a discount for certain seniors and disabled persons according to Kitsap County's criteria for property tax exemption based on limited income. The Council agreed to address the imposition of an additional monthly charge for subscribers for the generation of funds for PEG and I -Net costs after receiving the information about the cost of broadcasting Council meetings. Discussion Regarding Setting Dates for Study Sessions Council asked the Mayor to set aside time on the regular meeting agendas to allow for short workshops at the end of each meeting. Tabled Matter Council Member Clauson requested Council separate the tabled item regarding Kitsap Bank documents and use of credit cards to pay City bills into two separate issues in order to dispense with a banking requirement in order for the City to continue to use an automatic payroll deposit system. He was advised by Council to take the matter off the table at a future meeting. Recess Council took a recess at 8:14p.m., reconvening into regular session at 8:20p.m. EXECUTIVE SESSION: For the Purpose of Discussing Personnel Performance Matters (RCW 42.30.110£g]) Council went into executive session at 8:20 p.m. to discuss personnel performance matters, coming back into regular session at 9:04 p.m., with no action taken. McCormick Woods Golf Course Water Agreement Council Member Cramer moved and Council Member Geiger seconded a motion to refrain from any further discussion with the McCormick Woods Golf Course and not discuss it again for three years. Minutes of February 14, 2005 Page 5 of 5 There was discussion on the taking of action on any matter during this part of the meeting. City Attorney Jacoby stated that the Mayor had informed the public prior to the Executive Session that no action would occur after return from the Executive Session. Council Members Cramer and Geiger withdrew their motion and second. COUNCIL/MAYOR & STAFF REPORT The following committee meetings were set either during the Council meeting: Finance, Insurance & Negotiations-February 17, 2005, 6:30 p.m., City Hall Sewer Advisory Committee-February 16, 2005, 6:30 p.m., Karcher Creek Streets, Alleys & Storm Water Committee -February 17, 2005, 7:30 a.m., City Hall Economic Development Committee-February 23, 2005, 7:30 p.m., City Hall Growth Management Committee-March 2, 2005, 7:30 a.m. -JA Michael's County's Request for Temporarv Use Permits Council Member Diienno expressed her desire to reiterate that the Council's policy had not changed regarding the County's request for temporary use permits for their parking lots. Mayor Abel reported the County's original request had not been acted upon, and had therefore expired. The County has resubmitted a request for parking lot provisions. The Mayor stated the County is concerned that they will be required to comply with one set of requirements for parking lots now, and that they may have to comply with new requirements in the near future when the Government Overlay District Sub Area Plan is created. Council Members Cramer and Rider agreed with Council Member Diienno, stating the original provisions for the permits should apply to the County's most recent request. Council Members Clauson and Geiger stated they felt Council was punishing both the County and citizens by their action. ADJOURNMENT At 9:30 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor