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