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.