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09/25/2006 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of September 25, 2006 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Dilenno Tye Moore Carolyn Powers, Mayor Protem Rick Wyatt ALSO PRESENT: Public Works Director Abed, Planning Director Long -Woods, Police Chief Townsend, Interim City Clerk Merlino, Interim Deputy Clerk Boltz and Assistant City Attorney Forbes and City Attorney Combs. 7:00 P.M. CALL TO ORDER John Poppe led the audience and Council in the Pledge of Allegiance. PRESENTATION John Poppe, Plant Manager gave an update on the construction and improvements at the Joint Wastewater Treatment Facility. Included in the discussion was the use of Class A biosolids at the Pope and Talbot Tree farm and slope revegetation at Port Orchard Sand and Gravel. Mr. Poppe also provided information on working with the Veterans Home to utilize the methane gas to heat the laundry as well as the dechlorination program. APPROVAL OF AGENDA Mayor Abel asked that Business Item 6-F be moved to the October 9, 2006 Council Agenda. Council Member Chang asked to remove Consent Agenda Items: ® 5-B(a) Adoption of Resolution No. 035-06 Approving Preliminary Plat/PRD (SUBDIV 05-02) ® 5-C(c) Passage of Ordinance No. 020-06 for Herstad Property Minutes of September 25, 2006 Page 2 of 7 AUDIENCE COMMENTS Pat Waters spoke regarding Brown, Rice, Krueger Property Comprehensive Plan Amendment and Annexation and questioned whether there is an Ordinance that requires a Comprehensive Plan amendment prior to annexation and whether it is possible for the Council to waive the SEPA fee regarding 4801 Glenwood Road. Council Member Dilenno suggested having Mr. Waters attend the next Growth Management Committee meeting 7:00p.m. Wednesday, September 27tn CONSENT AGENDA Council Member Clauson moved and Council Member Chang second a motion approving the Consent Agenda as amended. Upon vote, motion carried unanimously. A. Approval of Claim Warrant Nos. 46268 - 46333 in the amount of $122,651.11. B. Approval of the Preliminary Plat/PRD (SUBDIV 05-02) and Rezone (R-1156) for Horstman Heights (Long -Woods) 05-02) Moved to Business b. Passage of Ordinance No. 017-06 Approving Rezone (R-1156) C. Approval of 2005 Comprehensive Plan Amendments (Long -Wood) a. Passage of Ordinance No. 018-06 for Coppola Property b. Passage of Ordinance No. 019-06 for Rice, Brown, Krueger Properties Moved to Business C. Authorization for Mayor to Sign Union Contracts a. Teamsters Local 589 with Police Officers (Townsend) b. Teamsters Local 589 with Police Sergeants (Townsend) E. Authorization for Mayor to Sign No Protest Agreement for the Lystad Short Plat, S- 1134 (Abed) F. Authorization for Mayor to Sign Real Property Lease Agreement Renewal with KeyBank National Assoc. (Merlino) G. Authorization for Mayor to Sign Real Property Lease Agreement Renewal with Ron Ness (Merlino) H. Passage of Ordinance No. 021-06 Approved the Site Specific Rezone (R-1057-A1), Lowes (Long -Woods) BUSINESS 1 1 for ,, Minutes of September 25, 2006 Page 3 of 7 Council Member Chang questioned the Councils final decision on the street frontage improvements on Horstman Road. Public Works Director Abed clarified that the Council decided that instead of providing frontage improvements along Horstman Road the applicant would sign a No Protest Agreement. Council Member Clauson moved and Council Member Wyatt seconded a motion to adopt Resolution No. 035-06 approving the Preliminary Plat/PRD (SUBDIV 05-02) for Horstman Height. Upon vote, motion carried unanimously. Approval of 2006 Comprehensive Plan Amendments - Passage of Ordinance No. 020-06 for Herstad Property Council Member Chang questioned the City Attorney whether or not there is a concern for spot zoning in the City. Assistant City Attorney advised that spot zoning is considered when a zone is created is arbitrary and done in particular to benefit one person and not in the greater good of the community. Council Member Dilenno moved and Council Member Clauson seconded a motion to pass Ordinance No. 020-06 for Herstad Property. Upon vote motion passed with five affirmative votes and two dissenting votes Council Members Chang and Powers cast the two dissenting votes Discussion — Use of Facility Construction Fees to Pay Joint Wastewater Facility Debt in Future Years Council Member Clauson spoke on two issues, which were discussed at the Sewer Advisory Committee. First Issue: The City and District have taken a portion of connection fees and set them aside for expansion, which results in latecomers paying a fair share of the plant and expansion. With construction being complete, there has been discussion whether or not the City and the District should use the same practice of putting money away for future expansion or use the funds to pay down the debt of the recent expansion. The Committee recommended that the jurisdictions should use the connection fees to pay down the debt. Second issue: If fees are used to pay down the debt how do they equal it between the District and City? The Finance Committee recommended that a portion of the connection fees be used to pay down the debt and that a 50/50 split be used. Minutes of September 25, 2006 Page 4 of 7 Council Member Clauson moved and Council Member Powers seconded a motion to concur with the Finance Committee's recommendation to use the portion of the connection fees to pay down the debt of the Joint Wastewater Treatment Facility. Council Member Dilenno spoke against the motion and encouraged more work on this matter. Council Member Chang spoke against the motion due to the low interest rate and the potential of putting the money into a bank CD. Council Member Dilenno moved and Council Member Clauson seconded a motion to continue this discussion to the next meeting. Upon vote, motion passed unanimously. Discussion — Marquee Ron Rider, 919 Prospect Street, commented that a group of investors and building owners are waiting for the outcome of the Downtown Overlay District and do not want the marquee to dictate the design of the building. Mr. Rider questioned the expenditure of replacing the marquee. Mr. Rider stated he does not want the marquee in its current state or renovated in front of his building. Howard Minor suggested finishing the work that has been started and repaint the structures that were there before the marquee and encouraged the building owners to paint or enliven their properties. Rudy Swenson submitted and read his letter regarding the marquee. Mr. Swenson added that he has had mixed feeling about the marquee over the past 17 years. Council Member Chang moved and Council Member Moore seconded a motion to authorize the demolition of the marquee and to bring the contract with Puget Sound Energy for a new lighting system in this area back to Council. Council Member Dilenno spoke in favor of the motion and thanked the Council for the work that has been done in reference to the Downtown Overlay District (DOD) and read portions of the draft DOD. Council Member Dilenno added that she would like the vision of the DOD to drive the outcome of the marquee and reiterated the desire to get the opinion of the building owners. Council Member Dilenno concluded that $400,000 is a lot of money and cannot in good conscience spend the money on the marquee that continues to block the ability for economic development. Minutes of September 25, 2006 Page 5 of 7 Council Member Powers stated that the marquee has been blamed for a lot of apathy by the property owners. Heard from a lot of people in the community that they didn't like the pickets and the color but wanted the covered walkway. Council Member Wyatt stated that he has heard all of the comments for keeping and for removing the marquee and spoke in opposition of the motion that with the picket fence gone and a color change, the enhancement will encourage business owners and property owners. Council Member Chang amended the motion and Council Member Moore seconded the amendment to allow the individual property owners the ability to maintain that portion of the marquee at their own expense for the frontage of their building along Bay Street. Council Member Clauson questioned whether the people who want it removed would pay their portion to have it removed. Upon vote, original motion as amended failed Council Members Powers, Geiger, Wyatt and Clauson casting the four dissenting votes and Council Members DiLenno, Chang and Moore cast the three affirmative votes Council Member Clauson stated that he would vote against the motion and is concerned with the implication that it would hinder the development or growth of downtown area. Council Member Wyatt stated that the City Council has proven to Port Orchard citizens that by building City Hall on Bay Street the City is committed to improving downtown. Upon vote, amendment failed, Council Members Powers, Geiger, Wyatt and Clauson casting the four dissenting votes and Council Member Difenno, Chang and Moore cast the three affirmative votes Council Member Wyatt moved and Council Member Clauson seconded a motion to authorize the Mayor to repair the marquee by replacing the existing round posts with the GLU-LAM posts and additional repairs including bronzing of the light standards. Council Member Chang amended the motion and Council Member Moore seconded the amendment that the repairs not exceed $436,928.00. Council Member Clauson pointed out that this figure does not include sales tax and other repairs associated with the project. Minutes of September 25, 2006 Page 6 of 7 Upon vote amendment failed with three affirmative votes and four dissenting votes Council Members Powers, Geiger, Wyatt and Clauson casting the four dissenting votes Council Member Chang amended the original motion and Council Member Moore seconded the amendment that the marquee repairs not exceed $500,000. Upon vote, amended motion failed with three affirmative votes and four dissenting votes Council Members Powers, Geiger, Wyatt and Clauson casting the four dissenting votes Council Member Dilenno amended the motion and Council Member Moore seconded the amendment that the marquee repairs not exceed one million dollars. Upon vote, amendmentpassed unanimously, Upon vote, original motion as amended passed with four affirmative votes and three dissenting votes Council Members Moore, Chang and Dilenno casting the three dissenting votes At 9:35 p.m. Mayor Abel called for a 5-minute recess. At 9:40 p.m. Mayor Abel reconvened the meeting. Authorization for Mayor to Sign a Contract with PACE Engineering for the Water Rate Study Council Member Dilenno moved and Council Member Moore seconded a motion to authorize the Mayor to sign a contract with PACE Engineering for the Water Rate Study for a total amount not to exceed 9,800 plus sales tax. Council Member Geiger stated that he is looking at the expenditure of $10,000 and feels the Committee should do the rate study. Upon vote, motion failed with three affirmative votes and four dissenting votes Council Members Powers, Geiger, Wyatt and Clauson cast the dissenting votes Council Member Dilenno amended the motion and Council Member Chang seconded the amendment to authorize the Utility Committee to perform a Water rate study. Upon vote, amended motion passed unanimously. Authorization for the Mayor to Sign Contract with Consultant for Stormwater Management Plan. Minutes of September 25, 2006 Page 7of7 Council Member Moore moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign the contract with the consultant for the Stormwater Management Plan. Upon vote, motion passed unanimously. Authorization for Mayor to Sign Change Order No. 3 for Well No. 10 Council Member Clauson moved and Council Member Wyatt seconded the motion to authorize the Mayor to Sign Change Order No. 3 for Well No. 10 in an amount not to exceed $45,981.24, price includes applicable sales tax. Upon vote, motion passed unanimously. 1 • • ' •- .• • -• • I, 4JI-UC �- j Jill I to im Deputy Irk Kim E. Abel, Mayor or -- > s vi o � N S � O