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10/26/1998 - Regular - MinutesPort Orchard, Washington October 26, 1998 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee, and Stansbery. Staff present: Police Chief Mathews, City Planner Gross, City Engineer Curies, City Treasurer Tompkins, Deputy Clerk Merlino, City Clerk Parks, City Attorney Hanson, and Fire District No. 7 Contract Representative Assistant Chief Snow. Councilman Van Zee led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. Gil Michael, 228 Seattle Avenue, discussed Council action taken at the September 28, 1998 Council meeting regarding the adoption of Resolution No. 1829 concerning affirmative action. Mr. Michael expressed a concern with the city endorsing an issue which would have an undue influence on the city voters. Mr. Michael asked to have the City Council instruct the City Attorney to review this matter and determine if the City acted within their best judgement for the city residents and if not, Mr. Michael's asked that this resolution be rescinded. Diana Heald, South Kitsap High School German teacher and Director of SK German Exchange Program (GAPP), introduced two German teachers from Tuttlingen, Germany and also a German exchange student. The teachers presented Mayor Weatherill with a letter from the Mayor of Tuttlingen, Germany in recognition of the community's exchange student programs. Also presented to Mayor Weatherill were pictures of three roundabouts within the City of Tuttlingen. Mayor Weatherill presented to the German teachers and exchange student a plaque and picture of the Port Orchard's roundabout. In appreciation for this recognition, the teachers and exchange students presented Mayor Weatherill with a $100.00 check donation for landscaping the roundabout. Mayor Weatherill presented the Good Neighbor Award for best landscaping to Red Lumsden for his commercial property located at 1333 Lloyd Parkway (RV Associates, Inc.). Gary Chrey, attorney representing Harold and Shirley Viist, discussed the proposed revisions to the draft Purchase and Sales Agreement for property located at 514 Bay Street (Public Works Shop). City Engineer Curles discussed in detail the proposed revisions which clarified specific language in the agreement and asked Council to authorize the Mayor to sign the revised agreement. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized Mayor Weatherill to sign the Purchase and Sales Agreement for property located at 514 Bay Street (Public Works Shop), contingent upon review and concurrence by the City Attorney. Mayor Weatherill opened the continued 7:35 PM Public Hearing regarding the proposed draft Sign Ordinance. City Engineer presented modifications to the proposed sign ordinance and gave a brief synopsis concerning the development of the sign ordinance. Ron Rice congratulated staff and committee on a job well done. Mr. Rice questioned the definition of video billboards and asked for clarification on several items on the proposed ordinance. City Engineer Curies responded to Mr. Rice's questions and agreed the definition for video billboards should be included in the sign ordinance. City Engineer Curies also clarified additional questions concerning political signs, variances, and nonconforming signs. October 26, 1998 Page 2 of 4 Mayor Weatherill called for additional audience comments regarding the proposed draft Sign Ordinance. As no response was received, Mayor Weatherill closed the public input portion of the Public Nearing and referred this matter to Council for their consideration. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Ordinance No. 1741 establishing standards for the structural design, placement, size and maintenance of all signs and sign structures in the city with clarifying language to be included for definition of video billboards and dimensions of a banner. Mayor Weatherill called for a 10 minute recess at 8:05 PM with meeting reconvening at 8:15 PM, Mayor Weatherill opened Public Nearing scheduled for 7:40 PM regarding anticipated 1999 City budget revenue sources, as required by Chapter 251, Laws of State of Washington, 1995. City Treasurer Tompkins presented Staff Report on anticipated 1999 City budget revenue sources. The presentation highlighted Current Expense and Street Funds which are tax supported. The 1999 Property Taxes are projected in the amount of $1,123,384 for the Current Expense and Street Funds. Mayor Weatherill called for public input from the audience regarding the anticipated 1999 City budget revenue sources. As no comments were received, Mayor Weatherill closed the Public Hearing. (Ordinance setting the 1999 Property Taxes will be presented for Council consideration at the November 9, 1998 Council meeting.) On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved Ordinance No. 1740 repealing Ordinance No. 1467 which describes employee vacations and leaves of absence and reestablish an enabling Ordinance for setting vacations and leave of absence by Labor Agreement (union employees) or City Resolution (non -union employees). On motion by Councilman Geiger, seconded by Councilwoman Powers, Council adopted Resolution No. 1830 repealing Resolution No. 1822 and reestablishing certain employee benefits for non -union represented Police Sergeant employees classified as FLSA Not Exempt. On motion by Councilman Stansbery, seconded by Councilman Wyatt, Council adopted Resolution No. 1831 repealing Resolution No. 1769 and reestablishing certain employee benefits for non -union represented employees classified as FLSA Not Exempt. On motion by Councilwoman Powers, seconded by Wyatt, Council adopted Resolution No. 1832 repealing Resolution No. 1796 by reestablishing certain employee benefits for non -union represented employees classified as FLSA Executive Exempt. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council adopted Resolution No. 1833 establishing certain employee benefits for non -union represented employees classified as Administrative FLSA Exempt or Professional FLSA Exempt. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No. 1836 authorizing an interfund loan for the Street Fund. On motion by Councilman Geiger, seconded by Councilman Wyatt, Council authorized Mayor Weatherill to sign the Eden Software Agreement for upgrades to the Payroll and Utility software which meet the Year 2000 Compliance requirements. October 26, 1998 Page 3 of 4 On motion by Councilman Morrison, seconded by Councilman Wyatt Council adopted Resolution No. 1837 fixing the date of November 23, 1998 at 7:35 PM for a public hearing on a Petition to Vacate a portion of Rockwell Avenue (adjacent to Victorian Tea Room) as submitted by Sandy and John O'Donnell. On motion by Councilman Powers, seconded by Councilman Geiger, Council approved the following Consent Agenda items as follows: a. Minutes of the October 12, 1998 regular Council meeting. Claim Warrants number 29658-29711 in the amount of $310,248.23. c. Declared miscellaneous items from the Police Department as surplus and authorized disposal, in the best interest of the City. Attachment "A" Resolution No. 1835 amending Resolution No. 1812 by modifying Condition No. 6 allowing a warning light instead of a strobe light at the top of the cellular communication tower, located at 851 Mitchell Avenue. The property owner is Lee Sebring and the applicant is Western Wireless PCS. Councilman Stansbery, Public Safety Committee, reported on a request, submitted by Teresa Cramer, 409 Givens, for a variance from POMC 7.12.090, due to the age of one dog, allowing her permission to license a 4th dog at her residence. On motion by Councilman Stansbery, seconded by Councilman Wyatt, Council allowed Teresa Cramer, 409 Givens, a variance from POMC 7.12.090, by granting her permission to license a 4" dog at her residence. This variance is only for the lifetime of the 4" dog, "Precious", City of Port Orchard Lifetime Dog License No. 1428. Councilman Wyatt, Chair of the Lodging Tax Advisory Committee, moved to consider imposing an additional 2% Hotel/Motel Lodging Tax and set December 28, 1998 as the date for consideration by the Lodging Tax Advisory Committee. This will allow the required 45-day review and comment period, seconded by Councilman Morrison and carried. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council authorized Mayor Weatherill to sign Settlement Agreement with the State of Washington Department of Natural Resources (DNR), which allows for the refunding of excess Harbor Area rental fees to the City, by the DNR, in the approximate amount of $35,764. On motion by Councilman Clauson, seconded by Morrison, Council authorized the City Engineer to prepare a contract with N.L. Olson and Associates for the design and construction administration of the Sedgwick water reservoir. On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the City Engineer to contract with Case Excavating in the amount of $15,556.00 for the site preparation of the new Public Works facility located at the Industrial Park. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the City Engineer to contract with N.0 Machinery and replace the engine in the 1983 GMC Dump Truck, in the approximate amount of $8,901. October 26, 1998 Page 4 of 4 On motion by Councilman Morrison, seconded by Councilman Stansbery, Council authorized the Port Orchard Bay Street Association to place a 25' to 30' Christmas Tree at the former fountain location on Sidney Avenue. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the City Engineer to provide staff and equipment to Cedar Heights Junior High School for the development of an Environmental Community Learning Center located on the Cedar Heights school campus. On motion by Councilman Van Zee, seconded by Councilwoman Powers, Council authorized the City Engineer to contract with C-More Pipe Services for testing and grouting sewer mains, in the approximate amount of $15,000. At 10:15 PM Mayor Weatherill adjourned Council into Executive Session to discuss a potential litigation for one minute and subsequently extended the Executive Session for an additional 34 minutes. At 10:50 PM Mayor Weatherill reconvened meeting into regular session and adjourned meeting. W(2 Michelle Merlino, Deputy Clerk LESLIE J. WEATHERILL, MAYOR October 26, 1993 Attachment "A" PORT ORCHARD POLICE AUCTION ITEMS PROPERTY # CASE # DESCRIPTION 10054 92-1753 WICKER BASKETS/POWER LINE INSULATORS 9233 92-2103 "GITANO" SPORTS BAG 12539 98-192 BAYONET WISHEATH 12744 98-1020 NYLON BAG WIMISC TOOLS 12601 98-552 UNIDEN RADAR DETECTOR 12600 98-552 "GAP" OVERNIGHT BAG 12672 98-718 SONY AM/FM CAR WIDETACHABLE FACE 12672 98-718 SENTREK CAR AMP 12672 98-718 KENWOOD AM/FM CAR CASSETTE 12673 98-718 SANYO PORTABLE CD PLAYER 12673 98-718 "LA SOUND" SUBWOOFER CROSSOVER 12673 98-718 CAR ANTENNA, BLACK, FLEXIBLE 12801 98-1296 CAR REPAIR KIT IN BLACK BAG 12212 98-2026 ROD & REEL 12211 98-2026 PLANO TACKLE BOX WITACKLE 12210 98-2026 STEARNS PFD 12208 98-2026 IGLOO COOLER BLUE & WHITE 12205 98-2026 MISC HAND TOOLS IN GREEN BASKET 12827 98-1372 ROBO GRIP PLIERS 12829 98-1372 MISC ELEC HAND TOOLS 12835 98-1372 MISC ELEC HAND TOOLS 12836 98-1372 MISC ELEC HAND TOOLS 12837 98-1372 MISC HAND TOOLS