02/13/2006 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of February 13, 2006
PRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Fred Chang
Robert Geiger
Rita Diienno
Tye Moore
Carolyn Powers, Mayor Protem
Rick Wyatt
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, City
Attorney Combs and Administrative Secretary Boltz.
6:32 P.M. CALL TO ORDER
Chief Wayne Senter, South Kitsap Fire and Rescue, led the audience and Council in the
Pledge of Allegiance.
APPROVAL OF AGENDA
Mayor Abel noted that she has appointed Jill Boltz as Acting Deputy Clerk for this City
Council meeting.
Council Member Wyatt moved the Executive Session after the Consent Agenda.
Council Member Powers added "Authorization for the Mayor to Sign Professional
Services Contract with CTS Engineers for Marquee Design, Remedies and Near-tern
Repairs" to the first Business Item.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Dousithee Chamberlain, 2205 Sidney Avenue, referred to a construction project
adjacent to his property. There are signs, which are blocking his driveway, and he is
also concerned about the removal of a fence, trees and survey stakes from his
property. Mr. Chamberlain submitted into record pictures of his property. Mr.
Chamberlain also asked when the debris from a recent automobile accident would be
cleaned from the street in front of his home. Mayor Abel advised she will review his
questions and concerns and offered that Mr. Chamberlain should be sure to work with
the Code Enforcement Officer.
Jerry Arnett, 288 Goldenrod, addressed Ordinance 002-06, which abolished the 1984
Water-Sewer Revenue Bond Fund that funded the Utility Local Improvement District
(ULID) #1. Mr. Arnett read and submitted questions relative to the formation and
Minutes of February 13, 2006
Page 2 of 7
abolishment of ULID # 1. Mayor Abel advised the appropriate staff would respond to his
questions.
Patrick Lucas, 232 Goldenrod Street reported he submitted a letter in support of the
Port Orchard Police Department and their outstanding contribution to the citizens of
Port Orchard.
Bryan Petro, representing Washington State Realtors distributed to Council a summary
of several Senate and House Bills that are currently before the legislators, relating to
affordable housing; housing tax incentives; allowing attached and detached housing;
timely review of permits; and short plat averaging. Mr. Petro urged the Council to call
their legislators and lobby their support for these Senate and House Bills.
PUBLIC HEARING
Shoreline Development Permit (SOP 66-05) Located at 1662 Bay Street
Planning Director Long-Woods presented the staff report regarding an application for a
Shoreline Substantial Development Permit to allow for the remodel and expansion of an
existing single-family residence located within 200 feet of Sinclair Inlet (1662 Bay
Street). The applicant is requesting the removal of an existing 6' by 12' section of an
existing house and adding a 22' by 24' shop with a partially covered roof deck, a 14' by
15' master bedroom addition with a 4' by 15' balcony deck and replace an existing 260'
deck on the north side of the house. Planning Director Long-Woods advised that the
Planning Commission recommended approval of the Shoreline Permit subject to
conditions.
City Attorney Combs reminded Council that while they normally operate in a legislative
capacity, during this Public Hearing the Council is acting as a quasi-judicial body. City
Attorney Combs further advised it is required that the Council be fair and impartial with
no conflict of interest or appearance of fairness violations. City Attorney Combs asked if
any Council Member had any ex-parte contact with anyone regarding this application
outside of this public hearing.
Council Member Moore stated that during canvassing for his Council position he did
speak with Mr. Schiele, but did not recall that it was directly related to the project. City
Attorney Combs thanked Council Member Moore for disclosing the information; however
this information would not preclude him from participating in this Public Hearing. No
other Council Member responded in the affirmative to this question.
City Attorney Combs further asked the Council if anyone had any interest in this
property or entity working on this project, should this application be approved. No
response was received from any Council Member.
City Attorney Combs asked if there were any members of the public that had reason to
believe that any Council Member had a conflict of interest. No response was received.
Minutes of February 13, 2006
Page 3 of 7
At 7:00 p.m., Mayor Abel opened the Public Hearing for public testimony.
Gerald Schiele, applicant at 1662 Bay Street, spoke in support of this application and
requested Councils approval.
Kathy Lipka, 2505 S. Flower Avenue, spoke in opposition to the project stating that the
shortened shoreline setback distance will have an impact on the wildlife in Sinclair Inlet.
Gil Michael, 228 Seattle Avenue, spoke in favor of the project and commended Mr.
Schiele on this project and clarified that Bay Street runs between the project and the
Inlet and any impact would be negligible.
Patrick Lucas, 232 Goldenrod Street, spoke in opposition to the project and disagreed
with Mr. Michael, reiterating the same concerns that this project could impact the
wildlife within Sinclair Inlet.
At 7:07 p.m. Mayor Abel closed the Public Hearing.
Planning Director Long-Woods clarified Sinclair Inlet does not have a 200-foot buffer,
however this property is within 200 feet of Sinclair Inlet, which triggers the Shoreline
review process. Planning Director Long-Woods further reported this project is well
within the Shoreline Management Act's minimum requirements.
Council Member Powers moved and Council Member Diienno seconded a
motion to adopt Planning Commission Resolution No. 01-06 as their own
authorizing the Shoreline Substantial Development Permit (SOP 66-05) for
1662 Bay Street.
Council Member Powers questioned Mr. Schiele's use of the shop. Mr. Schiele explained
that the shop would be used for storage and woodworking.
At 7:11 p.m. Mayor Abel reopened the Public Hearing for further public testimony.
At 7:12 p.m. Mayor Abel closed the Public Hearing.
Council Member Chang asked for clarification of the setback requirements. Planning
Director Long-Woods reported the minimum set back requirements on a City right of
way is 25 feet for a single-family residence, and this application according to the City's
zoning code exceeds the requirements.
Upon vote_, motion passed unanimously.
PUBLIC HEARING
Minutes of February 13, 2006
Page 4 of 7
The Pros and Cons of the Proposed South Kitsap Fire and Rescue Temporary
Levy Lid Lift Ballot Measure Scheduled for Voter Decision in May 2006-An
Opportunity for the Public to Comment.
Fire Chief Wayne Senter, South Kitsap Fire and Rescue, discussed the temporary levy lid
lift ballot measure, which is scheduled for a voter decision on May 16, 2006. Fire Chief
Senter advised this temporary levy lid lift will help the district meet the increasing
demands for service from the rapidly growing community. If approved, the measure
will add nine Firefighter/Emergency Medical Technicians. Fire Chief Senter further
advised passing this measure will allow the district to provide the dollars to match a
federal grant, which would help, pay for the nine firefighters/EMT. The levy would
authorize a temporary increase in the levy rate by increasing the amount the district
levies in property taxes by $.14 per $1,000 valuation for six years. The levy would
expire in 2013.
Council Member Dilenno asked if the $.14 over the six years equal the $900,000 needed
to hire the nine firefighters/EMT's or is the $.14 greater than the $900,000? Fire Chief
Senter advised the $900,000 is a fixed amount. Fire Chief Senter further clarified the
Commissioners have through their Resolution agreed to take only what is necessary to
maintain the nine firefighters.
Council Member Powers asked what impact this temporary lid levy lift would have on
insurance purposes for the citizens of Port Orchard. Fire Chief Senter advised the City
currently has a Fire Insurance Rating of a Class 4 and with this levy it could still be
maintained.
Patrick Lucas, 232 Goldenrod Street, spoke in support of the temporary levy lid lift.
Sally Santana, 2250 Sidney Avenue, also spoke in support of the temporary levy lid lift
and commended Fire Chief Wayne Senter on this plan.
Kathy Lipka, 2505 South Flower Avenue, asked Council to support this temporary levy
lid lift.
Council Member Diienno moved and Council Member Wyatt seconded a
motion to continue this Public Hearing to the next meeting that would allow
for re-notification with the appropriate title and proposition number. Upon
vote, motion carried unanimously.
CONSENT AGENDA
Council Member Clauson moved and Council Member Wyatt seconded a
motion approving the Consent Agenda. Upon vote, motion carried
unanimously.
A. Approval of Claim Warrants #44936-45060 in the amount of $1,006,357.96 and
January 2006 Payroll Warrants #139577 -139635 and Direct Deposits in the
Amount of $329,161.93.
Minutes of February 13, 2006
Page 5 of 7
B. Passage of Ordinance No. 003-06-2005 budget adjustment ordinance
C. Adoption of Resolution No. 005-06 adopting the 2006 standard specifications for
road, bridge and municipal construction.
At 8:21 p.m. Mayor Abel called for a 5-minute recess.
EXECUTIVE SESSION
At 8:26 pm, Council went into Executive Session for 15 minutes to discuss potential
litigation and personnel issues.
At 8:41 p.m. Mayor Abel extended the Executive Session for an additional 15-minutes.
At 9:00 p.m. Mayor Abel reconvened the Council meeting into regular session.
BUSINESS ITEMS
Authorization for the Mayor to Sign Professional Services Contract with CTS
Engineers for Marquee Design, Remedies and Near-Term Repairs
Public Works Director Abed advised at the end of last year, the consultant completed
his report and presented his recommendation to the City Council. The Council at that
time, decided to defer any action on repairs, due to interest from potential developers
in purchasing downtown buildings. Since then, the Public Property Committee took on
this issue and decided to recommend the implementation of both immediate remedies
and the near-term repairs. The Public Property Committee recommends retaining the
services of the engineering firm, CTS, to prepare the design and specifications for the
work, for $24,930.00. The Public Property Committee further recommends that the
marquee be repainted after the completion of the repairs. Public Works Director Abed
commented the City budget allocated $50,000, which would cover the engineering and
part of the construction. The remainder could be assigned from the City budget.
Council Member Dilenno moved and Council Member Moore seconded a
motion to authorize the Mayor to sign the CTS Engineers Inc. Professional
Services Contract to prepare the design drawings and specifications for
immediate remedies and near-term repairs on the marquee for a total
amount not to exceed $24,983.00 plus applicable sales tax.
Council Member Chang voiced a concerned with spending 50°/o of the allocated funds
for the design phase of the marquee. Council Member Chang further commented the
remaining budgeted amount would not be sufficient for the final repairs to the
marquee.
Upon vote, motion passed with 6 affirmative votes and one dissenting vote.
Council Member Chang cast the dissenting vote.
Minutes of February 13, 2006
Page 6 of 7
Minutes of the January 23, 2006 Citv Council Meeting
Council Member Clauson moved and Council Member Wyatt seconded a
motion to approve the minutes of the January 23, 2006 City Council Meeting.
Upon vote, motion passed unanimously.
Designation of Spring Clean-up week
Public Works Director presented staff report and requested Spring Clean-Up Week be
designated the week of April 3-7, 2006.
Council expressed a concern with the dates of April 3-7, 2006, as being too early in the
year for Spring Clean-Up. Mayor Abel advised alternate dates will be studied to see if
perhaps, Spring Clean-Up can be scheduled in May 2006 and incorporated after a
holiday.
Adoption of Resolution No. 003-06 Repealing Resolution No. 2095 and
Establishing Certain Employee Benefits for Non-Union Represented
Employees Classified as FLSA Not Exempt
Council Member Geiger moved and Council Member Wyatt seconded a motion
to adopt Resolution No. 003-06 repealing Resolution No. 2095 and
establishing certain employee benefits for non-union represented employees
classified as FLSA not exempt. Upon vote, motion passed unanimously.
Adoption of Resolution No. 004-06 Repealing Resolution No. 2096 and
Establishing Certain Employees Benefits for Non-Union Represented
Employees Classified as FLSA Executive Exempt
Council Member Clauson moved and Council Member Dilenno seconded a
motion to adopt Resolution No. 004-06 repealing Resolution No. 2096 and
establishing certain employees benefits for non-union represented
employees classified as FLSA Executive Exempt. Upon vote, motion passed
unanimously.
Authorization for Mayor to Sign Contract with Rovang Fong & Associates for
Legal Representation of Indigent Persons
Council Member Clauson moved and Council Member Wyatt seconded a
motion to authorize the Mayor to sign the 2006-2008 contract with Rovang
Fong and Associates for legal representation of indigent persons in Port
Orchard's Municipal Court. Upon vote, motion passed unanimously.
Discussion -Council Meeting Time
Council Member Clauson moved and Council Member Geiger seconded a
motion to request that a draft of an ordinance amending Ordinance No. 1931
and reestablishing the meeting time of the City Council from 7:00 p.m. to
10:00 p.m. If the meeting continues past 10:00 p.m. a majority of the City
Council must concur. Upon vote, motion passed unanimously.
Minutes of February 13, 2006
Page 7 of 7
Authorization for Mayor to Sign Settlement Agreement re Verhelst, et al. vs
Citv of Port Orchard and Shin
Council Member Chang moved and Council Member Clauson seconded a
motion to authorize the Mayor to sign the settlement agreement in the
litigation known as Verhelst vs. City of Port Orchard. Upon vote, motion
passed unanimously.
COUNCIL/MAYOR & STAFF REPORT
Mayor Abel announced there is a Public Hearing scheduled March 6, 2006 at 6:30 p.m.
in the Council Chambers regarding the Critical Areas Ordinance.
The following committee meetings were set during the Council meeting:
Utilities Committee-February 15, 2006, 6:30 p.m. -Council Conference Room
Finance Committee-February 17, 2006, 7:30a.m., Myhre's
Public Property Committee-March 3, 2006, 7:30a.m., J.A. Michaels.
Street Committee -February 23, 2006, 7:00 p.m. Council Conference Room
Council discussed the formation of the City/City/County Committee.
Council Member Diienno moved and Council Member Moore seconded a
motion to extend the Council Meeting to allow for further discussion. Upon
vote, motion carried unanimously.
Mayor Abel advised she will contact the City of Bremerton Council president and
confirm the City of Port Orchard would like to discuss with them the sewer systems in
the Gorst area and water systems in the Anderson Hill area.
ADJOURNMENT
At 9:40p.m. Mayor Abel adjourned the meeting.
Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor