07/26/2004 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
Robert Geiger
Rita Diienno
Carolyn Powers
Ron Rider
City of Port Orchard
Council Meeting Minutes
Regular Meeting of July 26, 2004
Rick Wyatt, Mayor Protem
ALSO PRESENT: Treasurer Kristine Tompkins, City Clerk Etgen, Police Chief
Townsend, and Assistant City Attorney Jacoby.
6:30 P.M. CALL TO ORDER
Patty Emmert led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
Consent Agenda Items A, C, D, and E were moved to Business in order for Council
Members Diienno and Powers to abstain from voting for or against these items; the
items were all action taken at the last Council meeting that neither of them attended.
Council Member Rider requested Consent Items F, I, and L be moved to Business.
Council Member Cramer requested Consent Item H be moved to Business.
Council Member Geiger moved and Council Member Clauson seconded a
motion to move Consent Items A, C, D, E, F, H, I and L to Business. Motion
carried with Council Members Clauson, Geiger, Powers and Rider casting
affirmative votes.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Scott Hlinka, owner of the Harborside Bar & Grill presented written material to Council
regarding the Mayor and Police Chief's recommendation to the Washington State Liquor
Control Board to deny a liquor license. Blanton (Robert) Beau, Michael Gonzales
Samantha Thumma expressed her concerns about the Harborside patrons being over-
served and discussed some of the negative activity she has witnessed while the bar has
been in operation.
Minutes of July 26, 2004
Page 2 of 6
Council Member Cramer moved and Council Member Diienno seconded a
motion to add an agenda item to the August 9, 2004 meeting to allow
citizens to comment further on the Council's stance regarding a liquor license
for the Harborside Grill. Upon vote, motion carried with Council Member
Rider abstaining from the vote because of his ownership of the building the
Harborside resides in. Council Members Diienno, Geiger and Cramer cast
affirmative votes, along with Mayor Abel, who broke the tie vote.
A recess was taken at 7:05p.m., and Council reconvened at 7:15p.m.
CONSENT AGENDA
Councilmember Diienno moved and Councilmember Wyatt seconded a motion
approving the Consent Agenda as modified. Motion carried.
A. Approval ef ~qeetin§ ~qinutes ef the July 12, 200~ City Council ~qeeting (To
Business)
B. Approval of Claim Warrants Nos. 41645-41735 in the Amount of $299,849.37
C. Passage ef Oreinance Ne. 19~9 Autheri~ing the Leora Park Re:cene (To Business)
D. Aeeptien ef Resolution PJe. 2081 Amending Leora Park Plat (To Business)
E. Aeeptien ef Resolution Ne. 2082 Autl9ori~ing Relinquisl9ment of Aneersonweod
Easement (To Business)
F. Autl9eri~atien fer ~qa·;er te Sign Contract witl9 Rll2 fer Construction Aerninistratien
ef Pl9ase 2 El<pansien ef t19e 'Nastewater Treatment Facility (To Business)
G. Authorization of Advertising Bids for Signal Modification at Sidney and Tremont
H. Adeptien ef Resolution Ne. 2079 and Autheri~ing ~qayer te Sign A§reernent witl9
Kitsap ane Ol·;rnpic Bank Casl9 ~qana§ement (Ternpkins) (To Business)
I. Aeeptien ef Resolution Ne. 2080 Autl9eri~atien fer Assistant City En§ineer te si§n
Ecele§y's ~qentl91y Discl9ar§e ~qeniterin§ Report (To Business)
J. Authorization to Surplus City Street Sander
K. Approval of Amendment to Contract with Parametrix for Bay Street/Frederick
Avenue Crosswalk
l. Accept Offer to Purc19ase tl9e ParleNeed Let (To Business)
M. Modify the Amount of the Final Change Order to Bay Street/Frederick Avenue
Intersection Improvement
BUSINESS ITEMS
Approval of Meeting Minutes of the July 12. 2004 City Council Meeting
Council Member Geiger moved and Council Member Clauson seconded a
motion to approve the meeting minutes of July 12, 2004. Upon vote, motion
carried, with Council Members Diienno and Powers abstaining.
Minutes of July 26, 2004
Page 3 of 6
Passage of Ordinance No. 1949 Authorizing the Leora Park Rezone
Council Member Clauson moved and Council Member Wyatt seconded a motion
to pass Ordinance No. 1949 authorizing the rezone of Leora Park. Upon vote,
motion carried with Council Members Diienno and Powers abstaining.
Adoption of Resolution No. 2081 Amending Leora Park Plat
Council Member Clauson moved and Council Member Wyatt seconded a motion
to adopt Resolution No. 2081 amending the Leora Park Plat. Upon vote, motion
carried with Council Members Diienno and Powers abstaining.
Adoption of Resolution No. 2082 Authorizing Relinquishment of
Andersonwood Easement
Council Member Clauson moved and Council Member Wyatt seconded a motion to
adopt Resolution No. 2082 authorizing the relinquishment of the Andersonwood
easement. Upon vote, motion carried with Council Members Diienno and Powers
abstaining.
Authorization for Mayor to Sign Contract with RH2 for Construction
Administration of Phase 2 Expansion of the Wastewater Treatment Facility
Council Member Cramer moved and Council Member Dilenno seconded a motion to
deny authorization for the Mayor to sign a contract with RH2 for the construction
administration of Phase 2 of the expansion of the Wastewater Treatment Facility.
Council Member Cramer questioned the cost of the proposed administrative contract.
Council Member Rider had many questions regarding specifics of the contract and
proposed work, along with questioning why RH2 did not want to guarantee their work
in the event of the possibility of the building calling for different building plans. Paul
Gilligan, RH2, answered some of Council's questions, and stated their administrative
overhead costs were estimated to run between 7 and 10 percent. Council Member
Dilenno questioned whether the City Engineer could provide contract oversight for the
project, or several individual contractors or employees for the price.
Council Member Dilenno moved and Council Member Wyatt seconded a motion to
continue the matter to the meeting of August 9, 2004. Upon vote, motion carried
with Council Members Cramer, Diienno, Rider and Wyatt casting affirmative votes.
Adoption of Resolution No. 2079 and Authorizing Mayor to Sign Agreement
with Kitsap and Olympic Bank Cash Management
Council Member Cramer moved and Council Member Rider seconded a motion to
adopt Resolution 2079 and authorize the Mayor to sign an agreement with Kitsap
and Olympic Bank Cash Management, along with direction to staff to implement a
system whereby citizens can pay City bills by credit card.
Minutes of July 26, 2004
Page 4 of 6
Council Member Clauson moved and Council Member Geiger seconded a motion to
amend the main motion to add the increase in costs from accepting credit cards to
utility costs when a review of utility rates is performed. Upon vote, amendment
failed with Council Members Cramer, Powers, Rider and Wyatt casting dissenting
votes.
Council Member Powers moved and Council Member Geiger seconded a motion to
table the motion. Motion carried with Council Members Geiger, Powers, Clauson
and Rider casting affirmative votes.
Adoption of Resolution No. 2080 Authorization for Assistant City Engineer to
sign Ecology's Monthly Discharge Monitoring Report
Council Member Geiger moved and Council Member Clauson seconded a motion to
adopt Resolution No. 2080 authorizing the Assistant City Engineer to sign the
Ecology Monthly Discharge Monitoring Report.
Council Member Wyatt moved and Council Member Dilenno seconded a motion to
amend the main motion to include the proviso that the authorization would transfer
back to the City Engineer when the position is filled. Upon vote, amendment carried
with Council Members Cramer, Diienno, Geiger, Rider and Wyatt casting affirmative
votes.
Upon vote, amended motion carried.
Accept Offer to Purchase the Parkwood Lot
Council Member Rider noted that the submitted bid was beyond the proposed due date, and
asked whether the bidder was still willing to extend the offer for the Parkwood Lot. The Mayor
stated staff had indicated the bidder was still interested.
Council Member Rider moved and Council Member Dilenno seconded a motion to
accept the offer from Points West, Inc. (dba American Dream Homes) in the amount
of $15,000 for the Parkwood lot. Motion carried.
A recess was taken at 8:40p.m. Council reconvened at 8:50p.m.
Approval of Living in an RV at 235 Caseco Lane on a Temporary Basis
Council Member Rider moved and Council Member Cramer seconded a motion to
approve the permit to live in an RV at 235 Caseco Lane on a temporary basis.
Council Member Wyatt moved and Council Member Cramer seconded an amendment
to the motion modifying Condition No. 1 of the permit to read, "The permit will
expire on January 26, 2005 unless the City staff voids and nullifies the permit due to
violation of one or more of the following conditions." Upon vote, amendment
carried.
Minutes of July 26, 2004
Page 5 of 6
Upon vote, amended motion carried
Discussion Regarding Salary for Newly Created Position of City Planner
Council Member Clauson expressed the need to have consistency with salary survey
information. Council directed staff to provide salary information based on the 2001
Salary Survey at the next Council meeting.
Council Member Diienno moved and Council Member Geiger seconded a
motion to continue the matter to the meeting of August gth. Motion carried.
Discussion Regarding Interim Positions of Director of Planning and Public
Works Director/Citv Engineer
Council discussed the necessity of having an Interim Public Works Director/City
Engineer until a permanent replacement is found for the current Public Works
Director/City Engineer who has resigned as of August 9, 2004. The Mayor will bring
back additional information to the Council at the next meeting.
COUNCIL/MAYOR & STAFF REPORT
The following committee meetings were set either during or immediately after the
Council meeting:
Finance, Insurance & Negotiations-September 1, 2004, 7:30 a.m. -City Hall
Sewer Advisory Committee-August 17, 2004, 6:00p.m.-Karcher Creek
Streets, Alleys & Storm Water Committee-August 5, 2004, 7:30 a.m. -City Hall
Economic Development Committee -July 27, 2004, 7:00 p.m. -City Hall and
August 3, 2004, 6:30 p.m. -City Hall (with PORT and EDAW)
Public Property Committee-August 11, 2004, 7:30 a.m. -JA Michaels
Growth Management Committee-July 29, 2004, 7:30a.m.-Myhre's
Meeting Continuation Past Adjournment Time
Council Member Rider moved and Council Member Cramer seconded a
motion to extend the Council meeting for an additional 15 minutes past the
9:30 p.m. adjournment time. Motion carried.
Council Member Cramer reported on the Economic Development Committee's earlier
meetings and future meetings with the Port Orchard Revitalization Team (PORT) and
EDAW.
Council Member Rider advised that the Sewer Advisory Committee was working on the
possibility of expanding into Gorst.
Minutes of July 26, 2004
Page 6 of 6
Council Member Geiger discussed the Growth Management Committee's work with the
County regarding the County's parking lots and temporary use permits. Council
Member Diienno questioned why the Committee had continued to work with the
County after Council's resolution regarding the temporary use permits.
Council Member Diienno moved and Council Member Cramer seconded a
motion to direct the Growth Management Committee to carry out Council's
directives with the earlier passage of Resolution 2070 authorizing
conditional temporary use permits for the County.
After further discussion by Council about the issue, Council Member Powers tendered
her resignation from the Growth Management Committee.
Upon vote, motion carried with Council Members Cramer, Diienno, Rider and
Wyatt casting affirmative votes.
ADJOURNMENT
At 9:48 p.m. Mayor Abel adjourned the meeting.
Carol Etgen, City Cl rk Kim E. Abel, Mayor