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03/14/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 14, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger, Mayor Protem Rita Diienno Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Treasurer Kristine Tompkins, City Clerk Etgen, Police Chief Townsend, Planning Director Long-Woods, City Attorney Combs and incoming Public Works Director/City Engineer Abed. 6:30 P.M. CALL TO ORDER Mallory Jackson led the audience and Council in the Pledge of Allegiance. PRESENTATION Keith Folkerts Regarding WRIA 15 Plan Keith Folkerts, Kitsap County Department of Community Development, updated the Council on the Water Resource Inventory Area Planning Committee's progress. He stated they have had five public meetings, and once consensus on the plan by all initiating parties is reached, the Plan will be brought to the counties for approval. Mr. Folkerts provided a copy of the Draft Plan and listing of agreed-upon and disputed items to Council for their review. APPROVAL OF AGENDA Council Member Diienno requested a Business Item be added to discuss communications between Mayor, staff, and the Council. An executive session to discuss labor relation issues was added to the agenda. Business Item A, "Approval of Building Official/Inspector Services ILA with Kitsap County" was moved to the end of Business, after the executive session. Council Member Clauson stated it was his intent to pull the tabled motion regarding banking documents off the table at some point in the meeting. Minutes of March 14, 2005 Page 2 of 6 Council Member Geiger moved and Council Member Clauson seconded a motion to excuse Council Member Powers from the meeting of February 28, 2005. Upon vote/ motion carried unanimously. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA None. CONSENT AGENDA Councilmember Diienno moved and Councilmember Wyatt seconded a motion approving the Consent Agenda. Upon vote/ motion carried unanimously. A. Minutes of the February 28, 2005 City Council Meeting B. Approval of Claim Warrants #43054-43116 in the amount of $881,868.32 and February 2005 Payroll Warrants #138876-138934 and Direct Deposits in the Amount of $304,008.88. C. Authorize Mayor to Sign Information Technology Primary Purchase Agreement with AOC D. Adoption of Resolution No. 008-05 Setting the Date for a Public Hearing to Consider a Street Vacation Request for Right-of-Way at 900 Sroufe Street E. Adoption of Ordinance No. 004-05 Amending POMC By Adding a New Chapter Entitled "Urinating in Public" BUSINESS ITEMS Authorization for Mayor to Sign Agreement with Wave Cable to provide Point- to-Point (VLAN) Cable Modem Circuit Between City Hall and the Public Works Shop Treasurer Tompkins reported staff had contacted both Qwest and Wave Broadband about providing a connection between City Hall and the shop for e-mail and Internet computer services, and Wave Broadband was the least expensive. Council Member Clauson moved and Council Member Diienno seconded a motion to authorize the Mayor to sign the Customer Agreement for Point-to- Point (VLAN) Cable Modem Circuit between the City and Wave Broadband. Upon vote/ motion carried unanimously. Passage of Ordinance No. 003-05 Modifying Port Orchard Municipal Code Sections 7.10.010(19) and 7.04.020, and Adding a New Section 7.04.21 Relating to Animals Council Member Diienno moved and Council Member Cramer seconded a motion to pass Ordinance No. 003-05 modifying the Port Orchard Municipal Minutes of March 14, 2005 Page 3 of 6 Code Section 7.10.010{19) and 7.04.020 and adding a new Section 7.04.21 relating to animals. Speaking in favor of her motion, Council Member Dilenno noted there had been significant problems with feral cats in various neighborhoods throughout the City, and that in one instance there were 80 cats being fed by one individual. Animal Control suggested revisions to the Code in order to tighten their ability to control the problem. Council Member Geiger questioned whether the ordinance was necessary, and Council Member Clauson expressed his opinion that the ordinance language was too broad in scope. Upon vote, motion carried, with Council Members Diienno, Wyatt, Powers, Cramer and Rider casting affirmative votes, and Council Members Clauson and Geiger casting dissenting votes. Discussion and Approval of 2005 Applications for Public Events Council Member Dilenno moved and Council Member Wyatt seconded a motion to approve the following Public Event Applications with conditions as noted on the staff report {attached): Farmers Market, Mustangs on the Waterfront, The Cruz 2005, Fathoms of Fun Festival Carnival, and the Fathoms of Fun Festival Parade. Upon vote, motion carried unanimously. Discussion -Port of Bremerton Parking Space Trade Proposal Council Member Dilenno stated the Street Committee had received a request from the Marina Customer Service Manager for the Port of Bremerton to exchange 15 prime City paid parking spots for 19 more distant Port of Bremerton parking spaces, and she wanted Council input before going back to the Committee for discussion. She reported the Port of Bremerton is leasing some of their spaces to non-marina tenants for less than the City currently charges for a monthly pass. Council Members expressed the viewpoint that they would like to see merchants and their employees receive more parking before exchanging spaces with the Port of Bremerton, and that moving all the City paid parking to one end of the parking lot would create an inconvenience for the merchants. Street Committee will meet with the Port of Bremerton to inform them of the Council's decision. Discussion -Developer's Agreement for Small Lot Detached in R20 Zone City Attorney Combs reported he had spoken with the representative from Oakridge Homes who had expressed interest in Council using his proposed development as an example for R20 detached single housing. The builder understands moving forward with submitting an application for the development will depend on Council approval of Minutes of March 14, 2005 Page 4 of 6 regulations and a development agreement. City Attorney Combs stated he had reviewed the Comprehensive Land Use Plan, and this type of detached single-family housing is permitted, although the Zoning Code may have to be changed during the process. Council Member Dilenno stated she was concerned after reviewing tapes of the last meeting that staff still hasn't addressed R4.5, after Council spent over an hour discussing it at the last meeting. She requested a summary of Council comments by the next Council meeting. Council Member Dilenno stated the final ordinance should reflect changes to all sections of the Zoning Code, but that it should not be written until it is fully explored. Council Member Dilenno moved and Council Member Wyatt seconded a motion that all items from the last Council meeting be pulled together and brought back to Council for review. Upon vote, motion carried with Council Members Clauson, Cramer, Power~ Diienno, Wyatt and Rider casting affirmative votes, and Council Member Geiger casting a dissenting vote. Discussion re Council/Mayor Communication Council Member Dilenno moved and Council Member Cramer seconded a motion that Council receive minutes from the Planning Commission meetings, and that Department Head provide monthly reports to Council. Upon vote, motion carried unanimously. RECESS Council recessed at 7:32 p.m., irnrnediately going into executive session at 7:35 p.m. to discuss personnel issues. Council reconvened into regular session at 8:08 p.m. Approval of Building Official/Inspector Services ILA with Kitsap County Council Member Diienno moved and Council Member Cramer seconded a motion to continue the item of approval of the Building Official/Inspector Services Interlocal Agreement with Kitsap County to the Council meeting of March 28, 2005. Upon vote, motion carried unanimously. Adoption of Resolution No. 2079 and Authorizing Mayor to Sign Agreement with Kitsap and Olympic Bank Cash Management Council Member Clauson moved and Council Member Rider seconded a motion take the tabled item regarding the adoption of a Resolution and Authorizing the Mayor to Sign an Agreement with Kitsap and Olympic Cash Management off the table. Upon vote, motion carried with Council Members Powers, Clauson, Diienno, Wyatt, Geiger and Rider casting affirmative votes, and Council Member Cramer casting a dissenting vote. Minutes of March 14, 2005 Page 5 of 6 The motion as brought off the table: Council Member Cramer moved and Council Member Rider seconded a motion to adopt Resolution 2079 and authorize the Mayor to sign an agreement with Kitsap and Olympic Bank Cash Management, along with direction to staff to implement a system whereby citizens can pay City bills by credit cards. Council Member Clauson reported this item had been tabled in order for staff to work towards accepting credit cards as payment for City bills, but that the motion tied up paperwork which would allow the City to sign up for an updated banking process allowing for employee direct deposit. The old system, he stated, would be discontinued before the next Council meeting, so it is imperative the agreement is signed. Council Members expressed their desire to have the automated payment system proposal come back from Finance Department to them by the end of April. Council Member Dilenno moved and Council Member Rider seconded a motion to strike the word "credit card" from the motion and insert the words "automated payment system" in their place. Council Member Powers expressed concern about the adoption of Resolution 2079, which is now 009-05. The City Attorney explained it was a "scrivener's error" which could simply be corrected in the minutes. Council Member Powers noted that the Resolution gave the Mayor authority to execute any future banking agreements with Kitsap Bank. Upon vote, the amendment carried with Council Members Powers, Diienno, Rider and Wyatt casting affirmative votes, and Council Members Cramer, Clauson and Geiger casting dissenting votes. Council Member Clauson moved and Council Member Dilenno seconded a motion to amend the motion to strike the wording "and any future Kitsap Bank agreements and documents needed to conduct the banking business of the City of Port Orchard" from the "Hereby Resolved" paragraph in the Resolution, and to include the requirement of staff developing and bringing back to Council for authorization an automated payment system. Upon vote, motion carried unanimously. Upon vote, the motion to adopt Resolution 009-05, striking the wording "and any future Kitsap Bank agreements and documents needed to conduct the banking business of the City of Port Orchard" from the "Hereby Resolved" paragraph in the Resolution, and to require staff to develop and bring back to Council for authorization an automated payment system and authorizing the Mayor to sign an agreement with Kitsap and Olympic Bank Cash Management passed unanimously. Minutes of March 14, 2005 Page 6 of 6 COUNCIL/MAYOR & STAFF REPORT The following committee meetings were set during the Council meeting: Finance, Insurance & Negotiations -March 18, 2005, 7:30 a.m., and March 23, 2005, 7:00 p.m. -City Hall Sewer Advisory Committee-March 16, 2005, 6:30 p.m. -Karcher Creek Streets, Alleys & Storm Water Committee-March 18, 2005, 9:00 a.m. -City Hall Economic Development Committee-March 17, 2005, 7:00p.m.-City Hall Mayor Abel introduced the new Public Works Director/City Engineer, Maher Abed, to Council. Mr. Abed will begin working for the City on March 21, 2005. Council Member Diienno reported Administrative Assistant Jill Boltz is working on getting the hotel/motel agreements together. Council Member Clauson stated he would have more information on the Festival of Chimes and Lights banking account, and whether it would be taken over by an outside entity before the contract is signed. Council Member Geiger moved and Council Member Clauson seconded a motion to excuse Council Member Powers from the meeting of April 11, 2005. Upon vote, motion carried unanimously. Council Member Cramer moved and Council Member Wyatt seconded a motion excuse Council Member Rider from the meeting of April 11, 2005. Upon vote, motion carried unanimously. ADJOURNMENT At 8:39 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor CITY OF PORT ORCHARD CITY HALL • 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. 6-D Meeting Date: March 14, 2005 Discussion and Approval of 2005 Subject: Application for Public Events Prepared by: Michelle Merlino Summarv: Each year several organizations request permission to either close certain City streets or request the use of City parking lots. As of this date five organizations have submitted their Applications for Public Events. City departments as well as the Fire Department have reviewed each of these applications and submitted their recommendations and/or comments. On Tuesday, March gth, the Street Committee reviewed the applications and recommends discussion by the full council prior to approval. The street Committee reviewed the applications for public events and recommend approval to the full council with the following requests for follow-up and consideration/conditioning. 1. Farmers Market: Notice to the market that we are currently working with the Port of Bremerton on a possible agreement to exchange parking by the Marina Park. If we do the exchange we may work with the Market to move east further toward the park. We don't expect any reduction in available area. Regarding answer #5, all vendors must be informed in writing that their parking must be south of Bay street, and not allowed on Bay or in the downtown parking lots. In their answer to #8, did they mean access to the Port of Bremerton's parking described above? 2. Mustangs on the waterfront: Question #7; no answer given. How will they provide for parking if they are using the parking lots and have no shuttle service? This question needs to be resolved. If specific shuttle service is not warranted, then special signage to the Armory/SK mall and bus service may be warranted. This will depend on how busy the show will be. 3. The Cruz 2005: Please have them relocate the sani-can away from JJ's outside dining to a less aromatically sensitive location. Question #3, they indicate self-policing w/o traffic control. As demonstrated last year, due to their great success, traffic control needs to be provided. Please have AI review and advise. Question #2: last year as the cars spread east down Bay toward Seattle, some show cars were not parked at enough angle so there was not adequate room for the fire lane. For several hours there was less than 12 feet of passage. Please include in their approval that they must insure the unobstructed width of 20 feet is maintained, and that this is communicated to the participants. 4. FOFF Carnival: Last year although they had the requisite fire lanes, some of the carnival staff parked their cars/trucks adjacent to the carnival and blocked the fire/bus lane. Please specify in their approval this notation and that the lane must be maintained as open passage. 5. FOFF Parade: Questions 5 and 12 don't jive. They indicate participant parking will be handled as identified in #2, which is Port Orchard Blvd. Yet Question 12 states that participants won't park of PO Blvd (which in fact they have not been allow to do in the past). Perhaps in question #2 they didn't finish their thoughts for the dispersal areas and participant parking. All applicants should receive the fire dept response as a part of their approval letter. Motion for consideration: I move to approve the following Applications for Public Event as submitted by Fathoms 0' Fun for their Parade and Carnival; The Cruz "2005"; Mustangs on the Waterfront; Farmers Market. Alternatives: Deny Application or Approve with Conditions. Attachments: Applications for Public Event for Fathoms 0' Fun Parade and Carnival; The Cruz "2005"; Mustangs on the Waterfront; and Farmers Market.