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12/13/2004 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of December 13, 2004 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger Rita Diienno carolyn Powers Ron Rider Rick Wyatt, Mayor Protem ALSO PRESENT: Interim Public Works Director Alan Lobdell, Planning Director Joanne Long-Woods, Treasurer Kristine Tompkins, City Clerk Carol Etgen, Police Chief Alan Townsend, City Attorney Loren Combs and Assistant City Attorney Greg Jacoby. 6:30P.M. CALL TO ORDER Mr. David Hedger led the audience and Council in the Pledge of Allegiance. JOINT MEETING WITH KITSAP COUNTY COMMISSIONERS );> Presentation Regarding Sub Area Plan Cindy Baker, Director of Kitsap County's Department of Community Development, stated they were in the midst of changes in personnel and would come back at the first regular meeting in January to give Council and the Commissioners a full report. She noted the land capacity analysis data should be available by then, also. RECESS The Council recessed at 6:38p.m., reconvening at 6:41 p.m. APPROVAL OF AGENDA Council Member Powers requested Consent Item No. A be moved to Business. Council Member Wyatt requested Consent Item Nos. H and L be moved to Business. Mayor Abel added an executive session to the meeting to discuss potential litigation and labor negotiation issues. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Vivian Henderson, citizen, questioned why the County is not making use of the parking lots that currently exist. Minutes of December 13, 2004 Page 2 of 7 Betty Pilling, citizen, commented on downtown parking, providing suggestions about the situation for businesses and tourists. She also addressed the fact that she felt tourism is not addressed appropriately in the budget, and reported on the Lewis and Clark exhibit in downtown Port Orchard. Patrick Lucas, citizen, asked for an update on televising the City Council meetings. Richard Brown, citizen, reported the City Council of Sequim has a historian who reports at the beginning of each meeting, and requested Port Orchard's Council consider the same proce~. Randy Jones, citizen, stated the Thoreau, a foot ferry no longer in use that has sunk, is being pickled in the cold salt water. He stated it is not a large vessel and suggested putting it between the dock and the Port on blocks. Betty Pilling noted she was interested in putting in a park on the other side of Blackjack Creek. PUBLIC HEARING The Pros and Cons of the Proposed School Levy Ballot Measure Scheduled for Voter Decision in February 2005 -An Opportunity for the Public to Comment Jim Civilla, South Kitsap School Supporters, stated that this is not a new tax, but rather a replacement levy that expires at the end of 2005. This levy with matching funds makes up 18 percent of the School District's budget. Mr. Civilla commented that good schools enhance a community. Christopher Lemke, citizen, gave Council written information on the background of the levy efforts. He stated they do not receive matching federal funding when a local levy fails. Dave Hedger, citizen, stated school levies are barometer of how people feel about their community, and he feels South Kitsap is moving forward. Bill Crawford, citizen, thanked the Council for considering this matter. Dick Peterson, citizen, reminded Council that they endorsed the levy issue four years ago, and requested they do so again. Kirsten Hawkins, student, reported the support a community gives to its school helps students through to college. Mayor Abel closed the public hearing to further public testimony. Minutes of December 13, 2004 Page 3 of 7 Council Member Clauson moved and Council Member Powers seconded a motion to direct staff to bring a resolution in support of the February 2005 School District Levy to Council at the next regular meeting. Council Member Diienno moved and Council Member Wyatt seconded a motion to table the matter to allow time for Council to review the information provided by Mr. Lemke. Upon vote, motion carried with Council Members Cramer, Wyatt Diienno and Rider casting affirmative votes, and Council Members Clauson, Geiger and Powers casting dissenting votes. CONSENT AGENDA Councilmember Dilenno moved and Councilmember Wyatt seconded a motion approving the Consent Agenda as modified. Motion carried unanimously. A. ~4iAu&:s sf tl'le Nevefflber 8, 200-q aAd Nevefflber 22, 2001 City CeuAcil ~4eetiAgs aAe Nevefflber 1, 200<1 S13ecial '.A.'orle;l9o13 JoiAt ~4eetiAg Moved to Business B. Approval of Claim Warrants #42394-42492 in the amount of $411,790.17 and November 2004 Payroll Warrants #138681-138731 and Direct Deposits in the amount of $308,822.31. C. Authorization for Mayor to Accept Proposal from The Doctors Clinic for DOT/CDL Licensing Exams D. Adoption of Resolution No. 3000 -Authorization to Increase Cash in Office for Court E. Authorization for Mayor to Sign Addendum to Contract with Yakima County Jail for Incarceration of Prisoners F. Approval of Kitsap Regional Coordinating Council 2004 Dues Overage Expense G. Approval of Salary Range for Public Works Director/City Engineer H. AutAerizatioR for ~4ayer to SigA 2005 CoRtract with LereA Cofflbs for City AttorAe't SeFI>·ices -Moved to Business I. Passage of Ordinance No. 1961 Establishing the Employment Position of Public Service Officer-Court Security/Police Support and Providing a Wage Rate J. Authorization for the Mayor to Sign Kitsap County Jail Agreement Extension K. Authorization to Surplus Excess Computer Equipment L. Autl9erizatieA fur PIJa·ter to SigA CeAtFact witA EAtFaRCo EAgiAeers fur EvaluatieR ef Was&: Water TreatffleAt PlaRt PlaRs aRd Sj'lecificatieAs -Moved to Business BUSINESS ITEMS Acceptance of Downtown Port Orchard Revitalization Plan Jill Sterrett, EDAW, presented the Port Orchard Downtown Economic Development Plan to Council. Minutes of December 13, 2004 Page 4 of 7 Council Member Clauson moved and Council Member Diienno seconded a motion that the item be tabled in order to review the plan further. Upon vote, motion carried unanimously. First Reading of Ordinance No. 1961 -2004 Budget Appropriation No discussion by Council. Passage of Ordinance No. 1958 -Adopting the 2005 Budget Treasurer Tompkins noted Council had received a revised copy of the ordinance that added one revenue source to balance out appropriations as discussed in previous meetings. Council Member Clauson moved and Council Member Wyatt seconded a motion to pass Ordinance No. 1958. Upon vote, motion carried unanimously. Approval of Installation of Speed Hump on Goldenrod Street Interim Public Works Director Lobdell stated all requirements of Resolution No. 1935 for establishing a speed hump have been met, the Street Committee has reviewed the matter, and it is now before Council for approval. Council Member Diienno moved and Council Member Wyatt seconded a motion to have Public Works install a speed hump along with the necessary signage between South Flower and Sidney Avenue. Patrick Lucas, citizen, thanked the Street Department and staff for the work they had done on this project. He stated the neighbors believed only one speed hump would not provide a deterrent to speeding drivers, and requested two be put in at distances of three to four feet apart. Upon vote, motion carried unanimously. Passage of Ordinance No. 1959 Relating to Parking Enforcement Police Chief Townsend stated the proposed changes in Ordinance No. 1959 move parking enforcement duties and personnel from the City Engineer's Office to the Police Department. Assistant City Attorney Jacoby noted that Section 6 should be eliminated from the draft Ordinance, because it refers to amendments not being made to Chapter 10.12. Council Member Clauson moved and Council Member Powersseconded a motion to direct staff to modify the ordinance deleting Section 6, and bring it back to Council on the consent agenda at the next meeting. Upon vote, motion carried unanimously. Minutes of December 13, 2004 Page 5 of 7 Discussion of McCormick Land Comoany Water Agreement/Transfer to New Golf Course Owner (Continued from Meeting of November 22. 2004} Council Member Rider voiced concerns about the request to modify the water agreement, including: where the water would come from, what rates would be charged, and what guarantee would be in place that the water would be used if a treatment facility is built by the City. He stated the City needs water for it's own growth, and noted the McCormick Woods area is outside the City's urban growth area. Council Member Rider expressed his opinion that the agreement should not be at the expense of citizens and beneficial to the golf course owner alone. Council Member Dilenno and Council Member Cramer echoed Council Member Rider's comments, stating the water resource is too valuable to negotiate away at this point. Council Member Dilenno stated she was not aware of the City having any other permanent agreements of this nature, and was uncomfortable considering a permanent agreement with the current agreement already covering an additional eight years. Council Member Cramer questioned whether this agreement was being proposed to simply allow for a land sale for private gain. Doug Skrobutt, representative of McCormick Woods Golf Course, stated the agreement would be beneficial to both parties and that there would be a fixed obligation on the part of the golf course in the agreement to use the City's water. Mr. Skrobutt reported the golf course has spent $96,000 of $120,000 in negotiation of this matter so far. Council Member Clauson noted that the $2,000,000 Intertie Project with Bremerton would provide service to Port Orchard homes in the area. Additionally, he stated, the City would receive credit for re-use of the water by the golf course, and the building of a new treatment facility would provide reduce costs to pump effluent out of the area. Council Member Rider moved and Council Member Clauson seconded a motion that the matter be moved to the Utility Committee to address at a meeting with the City Attorney present. Council Member Dilenno moved and Council Member Rider seconded a motion to amend the main motion to have Council discuss the matter in a workshop setting before the Utility Committee considers the matter. Motion carried with Council Members Dilenno, Wyatt, Rider, Cramer and Powers casting affirmative votes, and Council Members Clauson and Geiger casting dissenting votes. Upon vote, the motion to move the discussion of McCormick Land Company Water Agreement/Transfer with the new golf course owner to a workshop by the full Council carried unanimously. Minutes of December 13, 2004 Page 6 of 7 Minutes of the November 8, 2004 and November 22, 2004 Citv Council Meetings and November 1, 2004 Soecial Workshop Joint Meeting Council Member Powers moved and Council Member Dilenno seconded a motion to approve the November 8, 2004 minutes as amended. Motion carried unanimously. Council Member Powers moved and Council Member Dilenno seconded a motion to approve the November 1, 2004 meeting minutes. Motion carried unanimously. The minutes of November 22, 2004, were not included in Council's packet, and will be brought to Council for approval at the next regular Council Meeting. RECESS Council recessed at 8:33 p.m., reconvening at 8:40 p.m. EXECUTIVE SESSION Council moved into executive session to discuss potential litigation [RCW 42.30.110 (l)(i)(A) and (B)] and labor negotiation issues at 8:40 p.m., reconvening into regular session at 9:28 p.m. MEETING CONTINUATION PAST ADJOURNMENT TIME Council Member Cramer moved and Council Member Diienno seconded a motion to extend the adjournment time of the meeting to 9:40 p.m. Motion carried with Council Members Cramer, Rider, Powers and Oilenno casting affirmative votes, and Council Members Clauson, Geiger and Wyatt casting dissenting votes, Authorization for Mayor to Sign 2005 Contract with Loren Combs for City Attorney Services Council Member Dilenno moved and Council Member Cramer seconded a motion to continue this matter to the next regular Council Meeting in order to allow time for the Mayor to work with the City Attorney on extension of the current contract through January of 2005. Motion carried unanimously. Authorization for Mayor to Sign Contract with Entranco Engineers for Evaluation of Waste Water Treatment Plant Plans and Specifications Council Member Powers moved and Council Member Cramer seconded a motion to authorize the Mayor to sign a contract with Entranco Engineers for Minutes of December 13, 2004 Page 7 of 7 evaluation of the Waste Water Treatment Plant plans and specifications. Motion carried unanimously. COUNCIL/MAYOR & STAFF REPORT Council Member Wyatt moved and Council Member Diienno seconded a motion to excuse Council Member Cramer from the regular Council Meeting of December 27, 2004. Motion carried unanimously. Council Member Geiger reported the Growth Management Committee has been meeting with Mr. Lucas and neighbors to address their concerns about street, sidewalk and safety issues. They will continue to meet. Planning Director Long-Woods requested a meeting by the Growth Management Committee to discuss Comprehensive Plan amendments, an annexation request, and a nine-lot short plat issue. Interim Public Works Director Alan Lobdell stated it would be imperative for the Sewer Advisory Committee to meet regarding setting water/sewer rates in the near future. Council Member Powers moved and Council Member Diienno seconded a motion to excuse Council Member Rider from the regular Council Meeting of January 10, 2005. Motion carried unanimously. The following committee meetings were set during the Council meeting: Sewer Advisory Committee-December 15, 2004, 6:30 p.m. -Karcher Creek Public Property Committee-January 12, 2005, 7:30 a.m. -JA Michaels Growth Management Committee-December 22, 2004, 7:30a.m.-Myhre's Christmas Light Judging-December 22, 2004-6:30 p.m. -Leave from City Hall ADJOURNMENT At 9:43p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor