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03/28/2005 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer City of Port Orchard Council Meeting Minutes Regular Meeting of March 28, 2005 Robert Geiger, Mayor Protem Rita Dilenno Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, City Clerk Etgen, Police Chief Townsend, and City Attorney Combs. 6:30 P.M. CALL TO ORDER Annette Stewart, Port Orchard Planning Commissioner, led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Staff requested Council add an item regarding an extension of the cable television contract to the agenda, however Council requested the item be placed on the next agenda in order to have time to study it. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA None. PUBLIC HEARING CARA Land Annexation Ms. Long-Woods reported the Boundary Review Board had given their approval to this proposed annexation in February of 2005, and that this public hearing was part of the required annexation process. Mayor Abel opened the public hearing to public testimony. With no one coming forward to testify, the public hearing was closed to further public testimony. CONSENT AGENDA Council member Dilen no moved and Council member Wyatt seconded a motion to approve the Consent Agenda. Upon vote, motion carried unanimously. A. Minutes of the March 14, 2005 City Council Meeting B. Approval of Claim Warrants 43054-43116 in the amount of $881,868.32 Minutes of March 28, 2005 Page 2 of 6 C. Accept Proposal from D-Square Energy Systems, Inc. for Replacement of McCormick Woods Generator · BUSINESS ITEMS Adoption of Ordinance 005-05 Annexing Two Parcels Commonly Known as the CARA Land Annexation Council Member Clauson moved and Council Member Diienno seconded a motion to pass Ordinance No. 005-05 annexing property commonly known as the CARA Land Annexation as described in Exhibit A, an attachment to Ordinance No. 005-05. Upon vote, motion carried unanimously. Designation of Official City Newspaper Council Member Powers moved and Council Member Rider seconded a motion directing staff to prepare an ordinance designating the Port Orchard Independent as the City's official newspaper for approval at the next meeting. Upon vote, motion carried unanimously. Authorization for Mayor to Sign Contract for Interim Building Inspector Public Works Director Abed noted the Building Inspector position has been moved back into Public Works, and that the individual holding the position had given notice, so it would be necessary to hire someone on an interim basis to perform building inspections. Council Member Powers moved and Council Member Geiger seconded a motion to authorize the Mayor to sign a contract for an Interim Building Inspector not to exceed payment of $34.72 an hour for up to a maximum of 40 hours per week. Upon vote, motion carried. Approval of Building Official/Inspector Services ILA with Kitsap County Planning Director Long-Woods reported that the Interlocal Agreement with the County has been held up due to changes in staffing at the County's Department of Community Development. Council Member Powers moved and Council Member Diienno seconded a motion to continue the matter to the next Council meeting. Upon vote, motion carried. Review and Action of Projects 1-7 of the Economic Development Plan as Submitted by EDAW Council Member Cramer reported the Economic Development Committee has recommended Council adopt Projects 1-7 from the EDAW Report in order to move forward with discussions in committee about implementation of the recommendations contained in the Report. Minutes of March 28, 2005 Page 3 of 6 Council Member Rider moved and Council Member Cramer seconded a motion to adopt Project No. 1 regarding additional signage and refer it to the Street Committee for development of an Action Plan that will be brought back to the full Council for consideration. Upon vote, motion carried unanimously. Council Member Cramer moved and Council Member DiIenno seconded a motion to adopt Project No. 2 regarding historic building markers and refer it to the Economic Development Committee for development of an Action Plan that will be brought back to the full Council for consideration. Upon vote, motion carried unanimously. Council Member DiIenno moved and Council Member Wyatt seconded a motion to adopt Project No. 3 regarding city sculptures and murals and refer it to the Public Property Committee for development of an Action Plan that will be brought back to the full Council for consideration. Upon vote, motion carried unanimously. Council Member Cramer moved and Council Member DiIenno seconded a motion to adopt Project No. 4 regarding environmental and educational signage and refer it to the Public Property Committee for development of an Action Plan that will be brought back to the full Council for consideration. Upon vote, motion carried unanimously. Council Member Cramer moved and Council Member Wyatt seconded a motion to adopt Project No. 5 regarding Bay Street enhancement and encouragement of second story usage and refer it to the Economic Development Committee for development of an Action Plan that will be brought back to the full Council for consideration. Upon vote, motion carried unanimously. Council Member Rider moved and Council Member DiIenno seconded a motion to adopt Project No. 6 regarding underground utilities in the downtown corridor and refer it to the Utilities Committee for development of an Action Plan in coordination with the Street Committee, which will be brought back to full Council for consideration. Upon vote, motion carried unanimously. Council Member Geiger moved and Council Member Clauson seconded a motion to not adopt Project No. 7 as outlined in the EDAW Report, but rather support the improvement and repair of the marquee and refer it to the Street Committee for development of an Action Plan that will be brought back to the full Council for consideration. Council Member Rider spoke against the motion, stating that three consultants had presented recommendations prior to the hiring of a consultant, and all had unanimously Minutes of March 28, 2005 Page 4 of 6 agreed that one of best things to do for downtown would be to remove the marquee. He stated it was his understanding that a majority of the building owners downtown want the marquee removed. Council Member Geiger countered by stating there were no facts to back up the statement that a majority of business owners wanted the removal of the marquee. Upon vote, motion failed with Council Members Powers, Clauson and Geiger casting affirmative votes, and Council Members Rider, Wyatt, Diienno and Cramer casting dissenting votes. Council Member Rider moved and Council Member Wyatt seconded a motion to adopt Project No. 7 regarding the phased removal of the marquee and refer it to the Street Committee for development of an Action Plan that will be brought back to the full Council for consideration. There was further discussion by Council about the Port Orchard Revitalization Team (PORT) meetings, who attended the PORT meetings, and how conclusions have been drawn about the desire of building owners to remove the marquee. Council Member Clauson moved and Council Member Powers seconded a motion to amend the main motion to direct the Street Committee to conduct a survey of downtown property owners to determine their opinion of whether or not the marquee should be repaired or removed. Upon vote, motion failed with Council Members Clauson, Geiger and Powers casting affirmative votes, and Council Members Diienno, Cramer, Rider and Wyatt casting dissenting votes. Upon vote, the main motion passed, with Council Members Cramer, Wyatt, Diienno and Rider casting affirmative votes, and Council Members Powers, Clauson and Geiger casting dissenting votes. Approval of Change Order 3 for WWTF-Pease & Sons Council Member Wyatt moved and Council Member Dilenno seconded motion sign Change Order No. 3 for the JWWTF Upgrade Phase II. Upon vote, motion carried unanimously. Authorization of Payment to RH2 Engineer for Overage Amount Created by Additional Time Spent on Construction Management of the WWTF Council Member Diienno moved and Council Member Geiger seconded a motion to pay RH2 Engineers to cover the overage created by the additional time spent on construction management. Upon vote, motion carried unanimously. Authorization for Mayor to Sign Agreement with Panhallegon Associates Consulting Engineers for the Comprehensive Water System Plan Minutes of March 28, 2005 Page 5 of 6 Council Member Powers moved and Council Member Geiger seconded a motion to authorize the Mayor to sign a contract with Panhallegon Associates Consulting Engineers to provide the Comprehensive Water System Plan. Upon vote, motion carried unanimously. RECESS Council recessed at 8:17p.m., reconvening into regular session at 8:33p.m. Discussion -Government Overlay District Planning Director Long-Woods reviewed the Master Site Plan process for the County's Campus Overlay District with Council. After a great deal of discussion and questions, Kitsap County Commissioner Patty Lent suggested a joint workshop to discuss the issue. Council Member Clauson moved and Council Member Dilenno seconded a motion to move the discussion about the County Campus Overlay District to a joint workshop with the County Commissioners. Upon vote, motion carried unanimously. Discussion -Sewer Rates Alan Lobdell provided Council with a proposal to raise sewer rates on new and existing accounts in order to pay for the Sewer Treatment Plant construction. Council Member Cramer moved and Council Member Dilenno seconded a motion to continue the discussion on this issue to the next regular Council meeting. Upon vote, motion carried unanimously. Meeting Continuation Past Adjournment Time Council Member Wyatt moved and Council Member Rider seconded a motion to extend the Council meeting for an additional 15 minutes past the 9:30 p.m. adjournment time. Upon vote, motion carried with Council Members Powers, Wyatt; Dilenno, Cramer and Rider casting affirmative votes, and Council Members Geiger and Clauson casting dissenting votes. Discussion on McCormick Water Agreement Modification Request Council Member Dilenno moved and Council Member Cramer seconded a motion to set aside any further discussion about amending the existing water agreement with McCormick Woods Golf Course permanently. Council Member Dilenno stated she had discovered that the Intertie Agreement with the City of Bremerton does not allow for water rights assignment without the consent of the Mayor of Bremerton and Port Orchard. She also expressed concerns about providing valuable water rights to an entity outside the City limits of Port Orchard. City Attorney Combs clarified that the business was asking for a permanent water source, not a water right. Minutes of March 28, 2005 Page 6 of 6 Upon vote, motion carried with Council Members Cramer, Diienno, Rider and Wyatt casting affirmative votes, and Council Members Clauson, Powers and Geiger casting dissenting votes. Discussion -Status of Council Assignments Council Member Cramer moved and Council Member Wyatt seconded a motion to move the discussion of this issue to the next Council meeting. Upon vote, motion carried unanimously. EXCUSE OF COUNCIL MEMBER ABSENCE Council Member Rider moved and Council Member Wyatt seconded a motion to excuse Council Member Cramer from the April 25, 2005 Council meeting. Upon vote, motion carried unanimously. COUNCIL/MAYOR & STAFF REPORT Public Works Director Abed reported he would like to discuss Change Order authorization with Council in the near future. The following committee meetings were set either during or immediately after the Council meeting: Finance, Insurance & Negotiations -April 7, 2005, 7:30 a.m. and April 8, 2005, 9:00-9:15a.m. (start time)-City Hall Utilities Committee-April 18, 2005, 6:30 p.m.-City Hall Growth Management Committee-April 21, 2005, 7:30 a.m. -JA Michaels Ad Hoc Committee-April 8, 2005, 7:30 a.m. -JA Michaels ADJOURNMENT At 9:43 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor