11/13/2006 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Fred Chang
Robert Geiger
Rita Diienno
Carolyn Powers, Mayor Protem
Rick Wyatt
City of Port Orchard
Council Meeting Minutes
Regular Meeting of November 13, 2006
ALSO PRESENT: Public Works Director Abed, Interim City Clerk Merlino, City
Treasurer Tompkins, Assistant City Attorney Forbes.
7:00 P.M. CALL TO ORDER
Bek Ashby led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
The following Consent items were added to Business:
• 6C. Minutes of the October 30, 2006 Downtown Overlay District Meeting
• 6D. Passage of Property Tax Levy Ordinance No. 022-06
• 6E. Authorization for the Mayor to sign the Kitsap County Jail Agreement
• 6F. Authorization for the Mayor to sign the Kitsap County Parking
• agreement
• 6H. Authorization for Mayor to Sign Humane Society 2007 Contract Renewal
• 6J. Authorization for Bethel Avenue Roundabout Expenditure
The following Business Item was removed from the agenda:
• 7A. Discussion: Marquee expenditures
Added to Business Item 7B. "Discussion: Process for Council Vacancy" discussion
regarding filling the vacancy for Council Committees and Council Committee Chairs.
AUDIENCE COMMENTS
Jerry Arnett, 288 Goldenrod, read into record an excerpt from the 1995 Port Orchard
Comprehensive Plan, "Maintain an Awareness of Property Rights". Mr. Arnett expressed
a concern that Goldenrod Street, South Flower Avenue and Gazebo Street have been
Minutes of November 13, 2006
Page 2 of 8
violated and asked why this has happened and what can be done. Mayor Abel advised
she will be happy to meet with Mr. Arnett and help direct his question to the
appropriate department for clarification.
Patrick Lucas, 232 Goldenrod Street, thanked the City council for Phase 1 development
and asked when the City was going to start Phase 2 as it relates to widening the
streets, street lighting and storm drainage.
PUBLIC HEARINGS
Hazard Mitigation Grant Program
Public Works Director Abed reviewed and presented the staff report regarding the
Hazard Mitigation Grant Program. Mr. Abed advised this grant program is to inform the
public and allow for public comments. The program also allows for input on the
development of the proposal for the Perry Avenue project, as well as authorizing
submittal of the grant. The Perry Avenue project will evaluate and stabilize the slope
adjacent to Perry Avenue. The Hazard Mitigation Grant will address slope failure
below Perry Avenue and the necessary drainage and roadway improvements to Perry
Avenue. The City's match is 25% of the total cost of $1,100,00 or $275,000.
Mr. Abed further advised of the adoption of the Resolution within the application,
designating himself and Jay Cookson, Public Works Foreman as the contact officials for
the State Emergency Management Division.
At 7:17 p.m. Mayor Abel opened the Public Hearing for audience comments and then
closed the Public Hearing due to no audience comments.
Council Member Powers moved and Council Member Wyatt seconded the
motion to authorize the City Engineer to submit a Hazard Mitigation Grant to
repair failed slopes for a total amount of $1.1 million and authorization for
the adoption of Section 5, designating Public Works Director Maher Abed and
Public Works Foreman Jay Cookson the contact officials for the State
Emergency Management Division. Upon vote, motion passed unanimously.
CONSENT AGENDA
Council Member Clauson moved and Council Member Powers seconded the
motion approving the Consent Agenda as amended. Upon vote, motion
passed unanimously.
A. Approval of Claim Warrant Nos. #46502-46653 in the amount of $410,283.76
and October Payroll Warrant Nos. #140214-140265 in the amount of
$338,324.90
B. Minutes of the October 23, 2006 City Council Meeting
Minutes of November 13, 2006
Page 3 of 8
c.
D.
E.
F.
G.
H.
I.
J.
~~inutes of the October 30, 2006 Dovvnto>ovn Overlay District ~~eeting
Moved to Business
Passage of Property Tax Levy Ordinance No. 022 06 Moved to Business
Authorization for the ~~ayor to sign the Kitsap County Jail Agreement
Moved to Business
Authorization for the ~~ayor to sign the Kitsap County Parking
Enforcement Contract Moved to Business
Approval of Resolution No. 043-06 Salary Steps and Job Description for
Police Commander (Townsend)
Authorization for ~~ayor to Sign Humane Society 2007 Contract Rene>oval
Moved to Business
Approval of Festival of Lights and Chimes Public Event Application and
Firework Display Permit (Merlino)
Authorization for Bethel Avenue Roundabout Expenditure Moved to
Business
Minutes of the October 30, 2006 Downtown Overlay District Meeting
Council Member Chang moved and Council Member Clauson seconded the
motion to approve the minutes of October 30, 2006 Downtown Overlay
District Meeting. Upon vote, motion passed with five affirmative votes and
one abstention. Council Member Diienno abstained from voting, due to her
non-attendance at the October 30, 2006 meeting.
Passage of Property Tax levy Ordinance No. 022-06
Council Member Chang moved and Council Member Clauson seconded the
motion to adopt Ordinance No. 022-06 to set the property tax levy and the
amount of property taxes to be raised for the budget year of 2007. Upon
vote, motion passed unanimously.
Authorization for Mayor to Sign the Kitsap County Jail Agreement
Council Member Chang moved and Council Member Geiger seconded the
motion to authorize the Mayor to sign the Jail Agreement between Kitsap
County and the City of Port Orchard. Upon vote, motion passed
unanimously.
Authorization for the Mayor to Sign the Kitsap County Parking Enforcement
Contract
Council Member Geiger moved and Council Member Wyatt seconded the
motion to authorize the Mayor to sign the Addendum to the Parking
Enforcement Contract with Kitsap County. Upon vote, motion passed
unanimously.
Minutes of November 13, 2006
Page 4 of 8
Authorization for the Mayor to Sign the Kitsap Humane Society 2007
Contract Renewal
Council Member Geiger moved and Council Member Dilenno seconded the
motion to authorize the Mayor to sign the 2007
Contract with the Kitsap Humane Society. Upon vote, motion passed
unanimously.
Authorization for Bethel Avenue Roundabout Expenditure
Council Member Clauson advised an expenditure of $6,000 is being requested by the
Port Orchard Rotary to complete the beautification of the Bethel Avenue Roundabout.
The $6,000 will help provide some additional funding for the water feature lighting,
basic underground wiring and irrigation for a landscaping.
Council Member Clauson moved and Council Member Wyatt seconded the
motion to authorize the expenditure of $6,000 for the completion of the
Bethel Avenue Roundabout. Upon vote, motion passed unanimously.
BUSINESS ITEMS:
Discussion: Process for Council Vacancy
Council started discussion regarding the vacancy of the Council Committee seats and
Committee Chairs.
Council Member Clauson volunteered to chair the 2006 Festival of Lights and Chimes
Committee.
Council Member Geiger moved and Council Member Powers seconded the
motion to appoint Council Member Clauson as the chair of the 2006 Festival
of lights and Chimes Committee. Upon vote, motion passed unanimously.
Council Member Geiger volunteered to chair the Utilities Committee.
Council Member Clauson moved and Council Member Chang seconded the
motion to appoint Council Member Geiger as the chair of the Utilities
Committee. Upon vote, motion passed unanimously.
City Attorney Forbes advised the Council of RCW 42.30.010 which states that the
Council can meet in an executive session to discuss the qualification of potential Council
candidates, however all interviews must be held in a public forum. Ms. Forbes further
advised the council as a whole must make the final determination.
Minutes of November 13, 2006
Page 5 of 8
Council Member Powers moved and Council Member Wyatt seconded the
motion to establish an Ad Hoc Committee to review "letters of Interest" and
to bring a recommendation to the full Council at their earliest possible time.
Council Member Geiger amended the motion and Council Member Clauson
seconded the amendment to have each Council Member submit two
interview questions to the City Clerk's office.
Council Member Dilenno further amended the motion and Council Member
Clauson seconded the second amendment to schedule an Executive Session
at the 2007 Budget Public Hearing on December 4, 2006 to review
qualifications of the potential Council candidates.
Upon vote, the twice amended motion passed unanimously.
Council Member Clauson moved and Council Member Geiger seconded the
motion to appoint Council Member Chang to the Council Ad Hoc Committee.
Upon vote, motion passed unanimously.
Council Member Wyatt moved and Council Member Powers seconded the
motion to appoint Council Member Clauson to the Council Ad Hoc Committee.
Upon vote, motion passed unanimously.
Council Member Chang moved and Council Member Clauson seconded the
motion to appoint Council Member Powers to the Council Ad Hoc Committee.
Upon vote, motion passed unanimously.
Adoption of Resolution No. 044-06 Kitsap Transit Boundary Adjustment
Dick Hayes speaking on behalf of Kitsap Transit, advised that the Council is being asked
to:
• Either be included in the boundaries of the Kitsap County Public Transportation
Benefit Area, or
• opt out of these proposed boundaries.
Mr. Hayes illustrated on a map the new boundaries which include the current and
proposed urban growth boundaries.
Council Member Clauson disclosed for the audience that he is an employee of Kitsap
Transit and has no vested interest in the decision before the council this evening.
Council Member Clauson moved and Council Member Wyatt seconded the
motion to authorize the City to adopt Resolution No. 044-06 confirming the
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City's desire to be included in the boundaries of the Kitsap County Public
Transportation Benefit Area. Upon vote, motion passed unanimously.
Request for RV Parking Exemption
Council Member Clauson moved and Council Member Wyatt
seconded a motion to authorize the City Engineer to reject the exemption
request as submitted by Rhonda Jones to park her RV at 713 DeKalb Street.
Council Member Chang expressed a concern with denying this exemption. Council
Member Chang did not believe it would cause any further inconvenience to the
neighborhood if the RV remained in this location a few more months.
Upon vote, motion passed five affirmative votes and one dissenting vote.
Council Member Chang cast the dissenting vote.
Adoption of Ordinance No. 023-06 Pre-Annexation Agreement and Utilitv
Policy
Council Member Clauson moved and Council Member Chang seconded a
motion to authorize passage of Ordinance No. 023-06 amending Port Orchard
Municipal Code 13.04 to require a waiver of protest of annexation in
exchange of water or sewer service outside the City limits and to implement
previous code interpretation.
Council Member Clauson amended the motion and Council Member Chang
seconded the amendment to add November 1, 2006 as the date the current
water extension fees shall be effective. Upon vote, motion as amended
passed unanimously.
At 9:07 Mayor Abel called for a 5 minute recess, with meeting reconvening at 9:12p.m.
Council Member Geiger moved and Council Member Dilenno seconded the
motion amending the original motion to modify the language in Chapter
13.04.040 (1)(a) so that the subsection identifies a date and time when the
ERU's would be benchmarked and to bring this proposed ordinance with the
amendments back to the Council for review. Upon vote, amended motion
tied with Council Members Clauson, Wyatt and Powers casting the three
dissenting votes and Council Members Dilen no, Chang and Geiger casting the
three affirmative votes. Motion failed due to the tied vote.
Upon vote, original motion as amended passed unanimously.
Minutes of November 13, 2006
Page 7 of 8
COUNCIL/MAYOR & STAFF REPORT
Interim City Clerk Merlino reported on the "Letters of Interest" that have been received
as of this date for the vacant Council seat.
Public Works Director Abed reported on the repairs to the marquee, and presented an
update on the development of the Well No. 10 project. Mr. Abed also reported on the
Stormwater Plan.
City Treasurer Tompkins advised the State Auditor is finishing up the 2005 annual audit
and she is happy to report there appears to be "no findings" for the City.
Council Member Clauson updated the Council on the completion of the Finance
Committee's review of the 2007 City budget. Council Member Clauson advised of the
Karcher Creek Sewer District request to use a City vehicle to shuttle their employees to
visit the site in North Kitsap where the biosolids are being disposed.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to allow Karcher Creek Sewer District employees the use of a City
vehicle, with Karcher Creek Sewer District covering the cost of operating the
vehicle and upon approval and acceptance with the City's insurance carrier,
Association of Washington Cities. Upon vote, motion passed unanimously.
Council Member Diienno advised the Street Committee is recommending surveying
Pliska Lane to determine the property lines between private property and city property.
Council Member Geiger moved and Council Member Dilenno seconded the
motion to survey the intersection of Plisko Lane and Mitchell Avenue.
Council Member Wyatt amended the motion and Council Member Powers
seconded the amendment to include all of Plisko lane in the Survey and place
this item in the 2007 budget. Upon vote, amended motion passed
unanimously.
Council Member Chang moved and Council Member Wyatt seconded the
motion to extend the Council meeting an additional five minutes. Upon vote,
motion passed unanimously.
Council Member Powers asked for more information regarding the Parks Plan Survey.
Council Member Geiger moved and Council Member Powers seconded a
motion to extend the Council meeting an additional 5 minutes. Upon vote,
motion passed unanimously.
Minutes of November 13, 2006
Page 8 of 8
EXECUTIVE SESSION: At 10:10 p.m. Mayor Abel adjourned the Council into
Executive Session for 5 minutes to discuss potential litigation.
At 10:15 p.m. Mayor Abel reconvened the Council meeting into regular session.
ADJOURNMENT
At 10:15 p.m. Mayor Abel adjourned the meeting.
Michelle Merlino, Interim City Clerk Kim E. Abel, Mayor