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02/27/2006 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of February 27, 2006 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Diienno, excused Tye Moore Carolyn Powers, Mayor Protem Rick Wyatt ALSO PRESENT: Public Works Director Abed, City Clerk Etgen, Police Chief Townsend, Deputy Clerk Merlino and City Attorney Combs. 6:32 P.M. CALL TO ORDER Kathy Michaels led the audience and Council in the Pledge of Allegiance. PRESENTATION Dick Hayes, Kitsap Transit RE: Rich Passage Update Dick Hayes, Executive Director for Kitsap Transit introduced Phil Osborne, Pacific International Engineering, who presented an overview of the Rich Passage Passenger- Only Fast Ferry Study. Pacific International Engineering was asked to investigate a feasibility study for the Passenger-Only Ferry as it relates to beachfront properties. Mr. Hayes advised Kitsap Transit is going through the process to obtain approval from all affected local jurisdictions, for the environmental high speed wake testing continuum and the beach nourishment program phase. Mr. Hayes indicated the City of Bremerton is taking the lead on the approval of the environmental study. Although none of the testing will occur within the City of Port Orchard, Kitsap Transit will keep all jurisdictions up to date on the process. APPROVAL OF AGENDA Mayor Abel removed from the Consent Agenda Item -"SG. Authorization for Mayor to Sign Change Order No. 15 for the Joint Wastewater Treatment Plant -Phase II and placed it on the March 13, 2006 agenda; and removed from the agenda "SI. Authorization for Mayor to Sign Agreement with Employment Agency for Temporary Planning Assistance". Mayor Abel added an Executive Session at the end of Business Items for 40 minutes regarding pending litigation and personnel issues. Minutes of February 27, 2006 Page 2 of 6 Council Member Chang moved Business Item "6E -Discussion -Marquee Picket Removal" to first item of Business. Council Member Chang added Business Item "6F -Update on Broadcasting Council Meetings". Council Member Powers moved and Council Member Wyatt seconded a motion to excuse Council Member Diienno from this Council meeting. Upon vote, motion passed unanimously. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Patrick Lucas, 232 Goldenrod Street, complimented the City on how well the Public Works crew cleaned up after the recent storm damage and acknowledged the great job the Police Department does for the citizens of Port Orchard and asked that these comments be forwarded to the appropriate Department Heads. Dousithee Chamberlain, 2205 Sidney Avenue, reiterated the same compliments as Mr. Lucas. Jerry Arnett, 228 Goldenrod, expressed a concern that a portion of a road radius appears to be on his property. Mayor Abel advised Mr. Arnett, that at the Gazebo Plat Public Hearing the road radius was discussed and the Council agreed to allow development of the road without the full radius at this time. Ted McCammant, 449 Flower Meadows, advised he recently purchased a home in Flower Meadows and has a continual problem with water runoff entering his crawl space. Mr. McCammant expressed a concern that builders are not held responsible to the City issued building permits. Mr. McCammant asked whether the City building inspector should sign off on these inspections if there appears to be potential problems. Council Member Clauson requested the City Attorney review the procedures within the Building Department, as to how these types of issues are addressed or signed off. City Attorney Combs advised he will look into these issues, however cautioned the Council that the City is not liable for these types of issues. City Attorney Combs commented the City is not an insurer and cannot be held responsible for the poor design flaws of the builder. The City's building inspector is only responsible for making sure the builders follow state regulations. Roger Hunko, 926 Sidney Avenue, asked when the Government Use Master Plan Overlay District would be approved. Mayor Abel advised this item is on the agenda for discussion this evening. Minutes of February 27, 2006 Page 3 of 6 CONSENT AGENDA Council Member Chang moved and Council Member Clauson seconded a motion approving the Consent Agenda. Upon vote, motion carried unanimously. A. Special Meeting Minutes of the Joint City Council/Planning Commission Meeting of February 8, 2006 B. Minutes of the February 13, 2006 City Council Meeting C. Approval of Claim Warrants #45061-45128 in the amount of $140,899.27 D. Adoption of Resolution No. 007-06 Awarding Septic Tank Cleaning in McCormick Woods to Hemley's Septic Tank Cleaning E. Council Committees: i. Passage of Ordinance No. 004-06 Repealing Port Orchard Municipal Code Section 2.04.240 Regarding Council Committees ii. Adoption of Resolution No. 006-06 Regarding Council Committee Assignments F. Adoption of Resolution No. 008-06 Changing Committee Structure of Festival of Chimes and Light G. Authorization for ~4ayor to Sign Change Order No. 15 for the Joint V'Jaste 'Nater Treatment Plant Phase II Continued to March 13, 2006 H. Confirmation of Spring and Fall Cleanup Dates I. Authorization for ~4ayor to Sign Agreement vvith Employment Agency for Temporary Planning Assistance Removed from agenda BUSINESS ITEMS Discuss -Marquee Picket Removal Council Member Chang presented a recommendation to the Council, asking volunteers from the community to remove only the pickets from the publicly owned marquee, with the City drafting hold harmless agreements for the volunteers to sign. This project could be completed, while the City is waiting for design specification from CTS Engineering. Public Works Director Abed presented a cost estimate using three public works employees for two days to remove and dispose of the 1x6 pickets only, for approximately $3,000. Council Member Moore reminded Council that the recommendation by CTS Engineer for immediate remedies is the removal of all 4x4 posts, 2x4 horizontal pieces and the pickets. Council Member Moore also asked about securing the signage to the marquee after the pickets were removed. Council Member Powers expressed a concern with the potential date of this project, as it could interfere with tourism in Port Orchard. Council Member Powers spoke in favor of having volunteers remove the pickets, as long as they are supervised properly. Minutes of February 27, 2006 Page 4 of 6 Council Member Clauson discussed using volunteers vs. city staff removing the pickets, painting the marquee and a discussion of business signs on the marquee. Council Member Geiger urged the Council to follow the structural engineer's recommendations and not deviate from their plan. Council Member Wyatt expressed a concern with damage to the marquee if the pickets were removed. Council Member Powers commented the City has no way of determining what the structural engineer would charge for the picket removal and recommended the City move slow on this project, to insure the project is done professionally. The Council asked for input from the audience. Gil Michael, 228 Seattle Avenue, agreed with having either volunteers or city staff remove the pickets from the marquee. However, Mr. Michael suggested the City wait until the final drawings are submitted from the consultant, with a separate line item requesting a bid from the consultant on what their cost would be for removing the pickets from the marquee. Council Member Chang thanked the Council for this discussion. Approval of Development Deviation Authorizing a Short Plat with a 15-foot Private Road Public Works Director Abed presented his staff report, advising this item be considered by the City Council, due to the deviation from the City development standards. Norm Olson, Olson and Associates, asked the Council to approve this request to allow this project to move forward. Council Member Powers moved and Council Member Moore seconded a motion to authorize the approval of the development deviation that will allow Mr. Lystad to short plat and to provide 15 foot wide private road instead of the required 20-foot, due to site physical constraints. Upon vote, motion passed unanimously. Passage of Ordinance No. 005-06 -Amending Port Orchard Municipal Code Section 2.04.160 Relating to Voting Required by Council Member Council Member Clauson moved and Council Member Wyatt seconded a motion to approve Ordinance No. 005-06, amending Port Orchard's Municipal Code Section 2.04.160 relating to voting required by Council Members. Minutes of February 27, 2006 Page 5 of 6 Council Member Chang amended the motion and Council Member Powers seconded the amendment to change "councilman" in section 2.04.160 to "Council Member". Upon vote, amended motion passed unanimously. Council Member Clauson voiced a concern with Council Members abstaining from voting. Original motion, as amended, passed with 5 affirmative votes and one dissenting vote. Council Member Clauson cast the dissenting vote. Passage of Ordinance No. 006-05 -Amending Port Orchard Municipal Code Section 2.04.010 Regarding Meeting Time and Place Council Member Clauson moved and Council Member Chang seconded a motion to approve Ordinance No. 006-05, amending Port Orchard Municipal Code section 2.04.010 regarding City Council meeting time and place. Upon vote, motion passed unanimously. Study Session on the Revised Standards for the Government Use Master Plan Overlay District City Attorney Combs presented a brief outline of the process and development of the proposed Government Use Master Plan Overlay District. City Attorney Combs asked the Council for an in-depth discussion and review of the Overlay District. Council asked for a special study session to discuss this issue, Mayor Abel asked the Council Members to let her know when each Council Member could be available to discuss this issue, so a Council Study Session could be set. Update on Broadcasting City Council Meetings Mayor Abel advised the Finance Committee has been reviewing the Franchise Agreement with Wave Cable, and then negotiations with SKAT will be the next step, with a potential broadcast of Council meetings in May 2006. Mayor Abel called for a 5-minute recess at 8:42 p.m. EXECUTIVE SESSION At 8:47 p.m. Council went into Executive Session for 40 minutes to discuss pending litigation and personnel issues. At 9:40p.m. Mayor reconvened meeting into regular session. Council Member Wyatt moved and Council Member Moore seconded a motion to authorize the Mayor to execute the proposed agreement with Glynis Casey, with the modifications suggested by the City Attorney. There were no audience comments on the agreement. Upon vote, motion passed Minutes of February 27, 2006 Page 6 of 6 with 4 affirmative votes and 2 dissenting votes. Council Members Powers and Clauson casting the two dissenting votes. ADJOURNMENT At 9:45 Mayor Abel adjourned the meeting. Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor