04/25/2005 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
City of Port Orchard
Council Meeting Minutes
Regular Meeting of April 25, 2005
Todd Cramer, Excused
Robert Geiger, Mayor Protem
Rita Diienno
Carolyn Powers
Ron Rider
Rick Wyatt
ALSO PRESENT: Treasurer Tompkins, Planning Director Long-Woods, City Clerk
Etgen, Public Works Director Abed, Police Chief Townsend, and City Attorney Combs.
6:30P.M. CALL TO ORDER
Fred Depee led the audience and Council in the Pledge of Allegiance.
APPROVALOFAGENPA
Council Member Rider requested wording on the business item regarding use of sales
tax for the law enforcement initiative be modified to indicate Council was directing use
of the sales tax if the ballot measure passed, and not support of the ballot measure one
way or another.
Council Member Clauson added an agenda item to discuss parking at the Courthouse
for Kitsap County employees.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Fred Depee, representing the Citizens Advisory Group working on the County Sub-area
Plan advised Council the group needed: Council's definition of what "reasonable
measures" need to be applied; a vision statement; and to identify the appropriate study
area.
CONSENT AGENDA
Councilmember Rider moved and Councilmember Clauson seconded a motion
approving the Consent Agenda. Upon vote, motion carried unanimously.
A. Minutes of the April 11, 2005 City Council Meeting
B. Approval of Claim Warrants 43295-43377 in the amount of $912,791.03
C. Adoption of Resolution No. 010-05 Designating a Shoreline Administrator
D. Authorization to Surplus Firearms
E. Passage of Ordinance No. 008-05 -Street Vacation as Submitted by James Hall
Minutes of April 25, 2005
Page 2 of 4
BUSINESS ITEMS
Adoption of Joint Resolution Supporting WRIA 15 Planning Effort
Keith Folkerts of the Kitsap County Natural Resources Office presented a Joint
Resolution to Council for their individual signatures if they each so chose, representing
an affirmation and pledge for each of the parties to work together on water resource
planning. The signing parties on the agreement were Kitsap, Mason, Pierce and King
Counties, the four tribes, five cities and water purveyors.
Adoption of Resolution 012-05-SUP 1081-A Cingular Wireless Monopole
Council Member Powers reported although she was not present for the April 11, 2005
hearing, she did review the videotape of the meeting and was prepared to vote on the
adoption of the Resolution.
Planning Director Long-Woods reported the Washington Department of Fish and Wildlife
identified the need for a permit to remove the parrots from the monopole. This
information had been relayed after the public hearing. The permit is required because
of the parrots having bred in the wild, and would be the responsibility of the property
owner or applicant.
Ms. Long-Woods identified two changes in the resolution. One change involves the
need to obtain the permit from Department of Fish and Wildlife to remove the parrots,
prior to the issuance of the building permit and demolition permit. The second change
involved a scrivener's error in the permitted decibel levels; it will be changed to 45 from
5 as listed on the draft resolution.
Council Member Geiger moved and Council Member Wyatt seconded a motion
to adopt Resolution 012-05 amending Special Use Permit No. SUP1081-AI,
and adding the additional condition that the parrots living on the monopole
are removed in accordance with the Washington State Department of Fish
and Wildlife requirements.
Council Member Rider stated he would abstain from voting, as he did not review the
videotape of the public hearing.
Upon vote, motion carried with Council Member Rider abstaining.
Adoption of Resolution 011-05 Directing Funding of the Law and Justice
Sales Tax Ballot Measure
Police Chief Townsend advised council that the Law and Justice Sales Tax Ballot
Measure, if passed, would create a law enforcement sales tax of .15%. Funds
generated by the sales tax would be disbursed to law enforcement services in Kitsap
County. 40 percent of the funds generated would go to cities on a per capita basis,
according to law. The Chief estimated approximately $176,000 would be generated
annually, and the funds cannot be used to supplant existing programs or positions.
Minutes of April 25, 2005
Page 3 of 4
Council Member Clauson moved and Council Member Powers seconded a
motion to adopt Resolution No. 011-05 establishing direction for the use of
sales tax funds collected by the passage of the Law and Justice Sales Tax
ballot measure.
The Chief stated he would follow up by working with the community this summer to
determine how to spend the funds, and come back to Council with a specific funding
directive recommendation.
Upon vote, motion carried unanimously.
Authorization for Mayor to Sign Change Order No. 1 with Strider Construction
Public Works Director Abed requested Council authorize the payment of an undisputed
amount owed to Strider Construction as the result of a change order in the amount of
$97,738.43 plus local taxes.
Council Member Rider moved and Council Member Diienno seconded a
motion to approve Change Order No. 1 with Strider Construction for
$97,738.43 plus local taxes. Upon vote, motion carried unanimously.
Study Session -South Kitsap Urban Growth Area Planning
Planning Director Long-Woods reviewed options for determining urban growth
boundaries with Council.
RECESS
Council recessed at 8:11p.m., reconvening into regular session at 8:19p.m.
Study Session -Sewer Rate Study
Public Works Director Abed and Treasurer Tompkins reviewed options with Council for
consideration of a sewer rate and connection fee increase.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to proceed with a public workshop to be followed by a public hearing
on May 23•d, with attorney review of the proposed rate structures, and
keeping the rates as low as possible. Upon vote, motion carried
unanimously.
Discussion -Parking for County Employees
Council Member Clauson stated he felt there had been too many conditions placed on
the County's Temporary Use Permit for parking at the Courthouse, and that
construction made it difficult for the public and employees to park.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to authorize the Mayor and staff to negotiate a temporary agreement
with the County to allow utilization of parking lots during the construction of
the Courthouse.
Minutes of April 25, 2005
Page 4 of 4
Council Members Rider and Dilenno expressed concern about the County's previous
inability to comply with Council requirements for providing storm water management
and proper buffers in parking lots for the community around the Courthouse. Council
Member Rider additionally expressed concern about granting privileges to the County
that may not be granted to a developer.
Meeting Continuation Past Adiournment Time
Council Member Geiger moved and Council Member Clauson seconded a
motion to extend the Council meeting past the 9:30 p.m. adjournment time
to allow for finalizing discussion on this issue. Upon vote, motion carried
with Council Members Clauson, Wyatt, Geiger and Powers casting affirmative
votes, and Council Members Diienno and Rider casting dissenting votes.
Council Member Dilenno moved and Council Member Rider seconded a
motion to amend the motion to limit the agreement to no more than the two
parking lots at Division and Sidney and Austin and Taylor Streets.
Council Members Rider and Dilenno expressed concern about the ability to hold the
County responsible for following the conditions of the temporary use permits.
Upon vote, motion to amend failed with Council Members Dilenno and Rider
casting affirmative votes and Council Members Clauson, Wyatt, Geiger and
Powers casting dissenting votes.
Upon vote, the main motion to authorize the Mayor and staff to negotiate a
temporary agreement with the County to allow utilization of parking lots
during the construction of the Courthouse passed with Council Members
Clauson, Wyatt, Geiger and Powers casting affirmative votes, and Council
Members Diienno and Rider casting dissenting votes.
ADJOURNMENT
At 9:33 p.m. Mayor Abel adjourned the meeting.
Kim E. Abel, Mayor