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12/22/1997 - Regular - MinutesPort Orchard, Washington December 22, 1997 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, Geiger, Powers, Van Zee and Grable. Councilman Wyatt excused. Staff present: Police Chief Mathews, City Treasurer Tompkins, City Planner Gross, Fire Chief Snow, City Clerk Parks, Deputy Clerk Merlino, and City Attorney Hanson. Councilman Clauson led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. Fred Hill, owner of Hall-n-Son Automotive 512 Bay Street, expressed a concern with parking in the commercial area of the 500 block of Bay Street. This matter is being reviewed by the Street Committee. Robert Palmquest, AGI Technologies, discussed the Port Orchard Wellhead Protection study. Mr. Palmquest distributed a handout depicting the requirements necessary for protecting the drinking water from contamination and recommended the City establish an Ordinance adopting a Wellhead Protection Plan. Kathy Dickerson, Kitsap County PUD #1, demonstrated through a slide presentation the Water Guardian Program, which specifically addressed the need to protect the area around the well from contamination. Mayor Weatherill called for a 10 minutes recess with meeting reconvening at 8:30 PM. On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Resolution No. 1793 approving the reclassification of the Assistant City Treasurer position and establishing step systems for the positions of City Planner; Building Inspector; Associate Planner; Assistant City Treasurer and Parking Enforcement Officer. City Attorney Hanson responded to the Council's request for clarification on "What constitutes a school zone". Ms. Hanson stated her legal opinion is that for a school zone speed limit to be enforceable it needs to have a marked crosswalk and a speed limit sign posted. After much discussion, Councilman Clauson moved to authorize the City Attorney, City Engineer and Police Chief to identify the areas within the City which need to be designated as a 20 MPH zone, seconded by Councilman Morrison and carried. On motion by Councilwoman Powers, seconded by Councilman Morrison, Council approved the following Consent Agenda items with items 5d, 5j, 5k, 5u, 5x 5aa removed for further review and: a. Minutes of the following Council meetings: (1) December 8, 1997 regular meeting (2) December 10, 1997 Zoning Code Public Hearing b. Approval of Claim Warrants Number 27947-28034 in the amount of $137,230.37. December 22, 1997 Page 2 of 5 C. Proposed Ordinance No. 1693 allowing a modification to the site plan specifically due to a technical error regarding the building square footage for property located at 1761 Pottery Avenue to allow the development of a 60 unit assisted living facility, commonly known as Stafford Suites. e. Proposed Ordinance No. 1695 closing the By -Pass Debt Reserve Fund and authorizing transfer of cash balance of said fund to Street Fund. Proposed Ordinance No. 1696 amending the budget for the year 1997; ordering appropriation of funds and authorizing a budgetary transfer. g. Proposed Resolution No. 1794 repealing Resolution No. 1783 and establishing regulations and fees relating to parking. (Addition to Section Vll — providing for Lot 6) h Application for Public Event — Mustangs on the Waterfront, August 2, 1998 Application for Public Event — The Cruz '98, August 9, 1998 Proposed Ordinance No. 1697 establishing the Fire Authority for the City; providing for the appointment thereof; and designating the duties and responsibilities thereof. M. Proposed Ordinance No. 1698 repealing Ordinance Nos. 1678, 1638,1278, and 1111 and also establishing the 1994 Uniform Fire Codes. n. Proposed Ordinance No. 1699 repealing Ordinance Nos. 1141 and 1275 and providing for the installation of fire hydrants and mains supplying water for fire protection and requiring submission of plans prior to commencement of construction. o. Proposed Ordinance No. 1700 repealing Ordinance No. 1615 and adopting definitions and regulations for mobile homes and recreational vehicles within the city limits. P. Proposed Ordinance No. 1701 repealing Ordinance No. 1665 and adopting general business licensing, describing the process for business license application, review, approval and appeals, defining violations and providing penalties. q. Proposed Ordinance No. 1702 repealing Ordinance No. 1619 and providing for the short plat and subdivision ordinance to decriminalize violations of established rules, regulations and procedures. Proposed Ordinance No. 1703 repealing Ordinance No. 1636 and adopting the 1994 Uniform Building Code and fees and modifications. S. Proposed Ordinance No. 1704 repealing Ordinance No. 1570 establishing a Civil Service Commission to serve police personnel. December 22, 1997 Page 3 of 5 t. Proposed Ordinance No. 1705 repealing Ordinance No. 1325 and establishing fire lanes, providing for enforcement, and establishing penalties. U. Proposed Ordinance No. 1706 repealing Ordinance No. 692, 878 and 1233 and providing for the regulation of the sale of safe and sane fireworks and providing for licenses and penalties. V. Proposed Ordinance No. 1707 repealing Ordinance No. 1683 and establishing regulations providing for the control, management, maintenance and use of public and private water and sewer systems and providing rates for connection and use of such systems. W. Proposed Ordinance No. 1708 repealing Ordinance No. 1457 and prohibiting smoking in certain city buildings with penalties. y. Proposed Ordinance No. 1710 repealing Ordinance Nos. 372, 614, 822, 974, and 921 relating to powers, duties, and appointment of the Fire Chief; Registry of Firemen's attendance; enrollment of firemen under Chapter 41.23 RCW provisions for payment of necessary fees. Z. Proposed Resolution No. 1795 repealing Resolution No. 1767A and adopting road standards. Councilman Clauson referred to Consent Agenda Item 5d (Proposed Resolution No. 1694 amending the salary schedule for employees of the City for the year 1997) and asked City Treasurer for clarification. Ms. Tompkins informed Council members that traditionally the annual salary ordinance is presented at the last meeting of the year. This allows all wage adjustments within the year to be included in the required annual salary ordinance. Because labor negotiation with public work and uniformed police unions have not been ratified proposed Resolution No. 1694 only include 10/1/97 COLA adjustments for Uniformed Fire personnel. After clarification by City Treasurer, Councilman Clauson, seconded by Councilman Morrison, moved to adopted Resolution No. 1694 amending the salary schedule for employees of the City for the year 1997. Motion unanimously passed with 6 ayes. Councilman Van Zee requested more information on Items 5j and 5k. (Authorization for Mayor Weatherill to sign the 1997-1998 Strata Communication Maintenance Agreement for police two- way radio equipment and the Agreement with Taxtools (Microflex, Inc.) for Business License Software and software support.) Staff advised Councilman Van Zee that the Council had by general consent approved use of Microflex Taxtools software for implementation of the Business license Program (April 14,1997). Unfortunately, Microflex inadvertently did not submit the License Agreement at that time. The Taxtools License Agreement before Council is for the period April 1997 — April 1998 and the annual renewal will only be applicable if the City continues use of this software program after the first year of service. Police Chief Mathews explained the Strata Communications Maintenance Service Agreement is for Police radio communication equipment. This will replace the Motorola Maintenance Service Agreement that is no longer available. Generally the prices remain commensurate with last year's December 22, 1997 Page 4 of 5 service agreement, however additional equipment has been added to the Agreement so there may be some price differential on the total monthly charge. On motion by Councilman Van Zee, seconded by Councilwoman Powers, Council authorized Mayor Weatherill to sign the following agreements: 1. 1998-1999 Strata Communications Maintenance Service Agreement for service on police two-way radio equipment. 2. Agreement with Taxtools (Microflex, Inc.) for Business License Software and the software support for service commencing April 1997. Consent Agenda Items u, x and as are proposed ordinances or resolutions which need additional review and will be resubmitted at the January 13, 1998 Council meeting. On motion by Councilman Clauson, seconded by Councilman Morrison, Council excused Councilman Van Zee from the January 26, 1998 Council meeting. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council approved the expenditure of $8,214.00 to Art Anderson and Associates for the rebid phase of the new city hall project. Mayor Weatherill displayed the 1997 Commute Trip Reduction Goal Achievement Award that was presented to the City of Port Orchard and City Clerk Parks from Kitsap Transit Board of Commissioners. This award is to recognize outstanding efforts to reduce air pollution and traffic congestion by reducing the number of single -occupant vehicle employee commute trips. Mayor Weatherill presented a plaque to Councilman Grable in recognition for his leadership and attendance on the City Council for the past 16 years. City Clerk Parks advised Council the Public Defender Contract between the City and Case Law Office Inc., P.S. will expire on December 31, 1997. On motion by Councilman Morrison, seconded by Councilman Clauson, Council extended the contract between the City and Case Law Office Inc., P.S. an additional 60 days. Council designated January 15, 1998 as a joint study session with the Port of Bremerton regarding Sidney Landing, downtown development and possible sanitary sewer service to the airport. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council declared as surplus two Fire Department vehicles (1966 Ford Fire Engine (License 00765D Engine E32) and 1960 Ford Rooney (License 00761 D-Hazmat 31) and miscellaneous Fire Department equipment (Attachment "A") and authorized the City Engineer to dispose of the items in the best interest of the City. Items will be transferred to Fire Station #3 on Mitchell Avenue, interested fire service agencies will be invited to inspect the equipment and then sold in lots to the highest bidders. What is not sold in this manner can be auctioned at Stokes Auction. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Police Chief to submit a grant application to the Washington State Parks and Recreation Commission to fund the purchase of a water police boat in the approximate amount of $37,851.00 December 22, 1997 Page 5 of 5 with the City's local share being $11,700. Motion passed with 5 ayes and 1 nay. Councilman Van Zee voting nay. On behalf of the City Engineer, the City Planner introduced a staff recommendation that the City request the Washington State Department of Transportation (WSDOT) reduce the speed limit on SR166 from Kitsap Marine (new western city limit boundary) easterly to the existing 35 MPH zone. After much discussion, Council requested this matter be held over until WSDOT data requested by the City Engineer is received. Mayor Weatherill adjourned Council into Executive Session to discuss a personnel issue for 10 minutes. Mayor Weatherill reconvened Council into regular session at 10:15 PM On motion by Councilman Morrison, seconded by Councilman Clauson, Council concurred with Mayor Weatherill's reappointment of Martin Mittet as the Municipal Court Judge for an additional four-year term expiring on December 31, 2001. Councilman Geiger moved to allow Fire Chief Snow and Deputy Fire Marshall Wernet to carry-over all excess accrued vacation leave over the allowable 240 vacation hours, seconded by Councilwoman Powers. Vote resulted in a tie with 3 ayes and 3 nays. Motion was approved when Mayor Weatherill broke the tie vote by voting aye. Councilmembers Grable, Powers and Geiger voted in the affirmative. This waiver was granted due to the transition of the Fire Department. Meeting adjourned at 10:30 P.M. Michelle Merlino, Deputy Clerk LESLIE J. ,THERILL, MAYOR MY 18 ld 32 27 6 December 22, 1997 Attachment "A" Surplus Equipment Listing for the Port Orchard Fire Department Item Bunker Coats Bunker Boots (2 pr. - Size 8) (2 pr. — Size 11) Uniform Shirts Uniform Pants White Uniform Shirts City Inventory Number(s) 76-2, 85-406, 86-249, 86-250, 86-253, 86, 256, 87-920, 87-929, 87-930, 88-127, 89- 031 89-401, 89-402, 89-404, 90-401, 90- 403, 91-501, 91-507.