01/26/2004 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
Robert Geiger
Rita Dilenno
Carolyn Powers
Ron Rider
Rick Wyatt, Protem Mayor
CITY OF PORT ORCHARD
City Council Minutes
CITY HALL • 216 Prospect Street, Port Orchard, W A 98366
(360) 876-4407 • FAX (360) 895-9029
January 26, 2004
ALSO PRESENT: Police Chief Townsend, City Planner Wenman, City Engineer Curies, Deputy
Clerk Merlino, City Clerk Etgen and City Attorney Combs.
CALL TO ORDER
Ron Rice, member of the audience, led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
On motion by Councilmember Rider, seconded by Councilmember Geiger, Council
approved the Agenda with the following revisions:
•!• Add to Consent Agenda -Approval of Resolution No. 2052 Authorizing an
Inter-Fund Transfer Between the 1984 Water-Sewer Revenue Bond Fund and
the Wastewater Treatment Facility Expansion Fund
•!• Remove from Business Items and send to the Street Committee, Review of RV
Exemption for George and Jayne Strader-531 Perry Avenue
•!• Remove from Consent Agenda and Place on Business items:
o Request to Place in City Right-of-Way Port Orchard Yacht Club Banner
o Authorize RH2 to Perform Constructability Review of Plans and
Specifications for the Wastewater Treatment Facility Expansion
Project.
AUDIENCE COMMENTS
Mayor Abel asked for audience comments for items not listed on this agenda.
Ron Rice, 369 Sedgwick Road, congratulated the City on the formation of Port Orchard
Revitalization Team (P.O.R.T.), which will help with the economic redevelopment of the
downtown and waterfront area. Mr. Rice emphasized the importance of a business-friendly City
January 26, 2004
Page 2 of 6
and hoped this would be one of the outcomes of this committee. Mr. Rice also asked to attend
the Water/Sewer Committee meeting and the Street Committee meeting.
Vivian Henderson, representative of Kitsap Alliance of Property Owners (KAPO) distributed a
complimentary book to the Council entitled "The Vanishing Automobile and Other Urban Myths."
Mr. Henderson urged the Council to read this book and cautioned the City against any Smart
Growth ideas.
Fred Karakas, downtown business owner located at 744 Bay Street, expressed a concern with the
formation of the Port Orchard Revitalization Team Committee, (P.O.R.T), due to the fact that this
committee may be too large to become an effective decision making body.
PUBLIC HEARING
Application for a Home Occupation/Conditional Use Permit as Submitted by David Z.
Levine, D.O.
City Attorney Combs advised this is a Quasi-Judicial Hearing and asked if the City Council had any
ex parte contact with any individuals regarding this issue prior to this Public Hearing and if the
City Council had any reason why they could not render an impartial decision on this matter. The
City Council gave no comments. City Attorney asked the audience if they see any reason why the
City Council cannot render an impartial decision. No comments were received from the audience.
City Planner Wenman presented the staff report and outlined on a map where the proposed site
is located. City Planner Wenman advised that the applicant, Dr. David Z. Levine is requesting to
utilize the existing residential site for a home occupation as a private medical practice on an
interim basis. The site is located at 1396 Cedar Canyon Place. Mr. Wenman commented further
the proposed use as a Home Occupation is authorized as a conditional use in a RS Zone and the
Comprehensive Plan Designation is Medium Density Residential. City Planner further advised the
Planning Commission did make a recommendation of denial, stating the proposed use, as a
medical office, is not compatible with the character and appearance of the neighborhood.
At this time, Mayor Abel opened the Public Hearing and asked if anyone had any comments either
for or against the proposed Home Occupation/Conditional Use Permit, as submitted by David Z.
Levine, D.O.
Gary Douthit, 1392 Cedar Canyon Place, spoke in opposition to the Home Occupation/Conditional
Use Permit, expressing a concern with limited parking in the area and setting precedence for
these types of permits within a residential neighborhood.
Martin Diienno, 1003 Hull Avenue, asked if this residence in on the City sewer system. Mr.
Dilenno was advised this residence is on the City sewer system.
At this time, Mayor Abel called for further audience comments either for or against the
proposed Home Occupation/Conditional Use Permit. As no further comments were received,
January 26, 2004
Page 3 of 6
Mayor Abel closed the public input portion of the Public Hearing and referred this matter to
Council for their consideration.
On motion by Councilmember Rider, seconded by Councilmember Wyatt, Council
denied the Home Occupation/Conditional Use Permit as submitted by David Z. Levine,
D.O., for the residence located at 1396 Cedar Canyon Place and adopted Planning
Commission Resolution No. 343-03 with Findings and Conditions as their own.
CONSENT AGENDA
On motion by Councilmember Clauson, seconded by Councilmember Rider, Council
approved the Consent Agenda as follows:
A. Minutes of the January 12, 2004 City Council Meeting
B. Approval of Claim Warrants #40550-40658 in the amount of $210,186.36
C. Authorization for the Mayor to Sign Interlocal Agreement with Fire District Regarding
Police Patrol Boat
D. Authorization to Surplus Seized Property-Police Department
F. Cost Proposals Regarding McCormick Woods Septic Tank Maintenance
G. RV Exemption Applications for L.L. Hetrick, James and Kathy Garcia, and Larry Howse
BUSINESS ITEMS
Award of Bid -Joint Wastewater Treatment Facility Expansion Phase I
City Engineer reported seven bids were received with the required bid bond, as follows:
Strider Construction $1,330,800
IMCO Construction $1,353,380
Northwest Cascade $1,409,528
Rognlin's Inc. $1,546,200
Stan Palmer Construction $1,560,980
Condon-Johnson $1,797,750
Interwest Construction $1,909,300
ENGINEER'S ESTIMATE $1,471,727
On motion by Councilmember Clauson, seconded by Councilmember Powers, Council
accepted the bidding for the Joint Wastewater Treatment Facility Expansion Phase I
and awarded the contract to the lowest bidder, Strider Construction in the amount of
$1,330,800.
Kitsap Countvwide Planning Policies-Resolution No. 2048
On motion by Councilmember Clauson, seconded by Councilmember Rider, Council
removed from table for further deliberation proposed Resolution No 2048 ratifying
only Element B of the Countywide Planning Policies.
Ron Rice, 369 Sedgwick Road, questioned Councilmember Clauson's ability to vote on this item,
due to his representation of Kitsap Transit on the Puget Sound Regional Council Board.
January 26, 2004
Page 4 of 6
Councilmember Clauson advised he sits on the Transportation Operators Committee, however
does not sit on any governing board or decision-making board for Kitsap Transit.
Mayor Abel restated the current motion on the floor, which is to adopt Resolution No. 2048
ratifying only Element B of the Kitsap County Countywide Planning Polices.
After much discussion, Councilmember Wyatt, seconded by Councilmember Rider,
moved to close debate on proposed Resolution No. 2048. Motion passed with 5
affirmative votes and 2 dissenting votes. Councilmembers Powers and Geiger cast
the two dissenting votes.
At 8:25 PM Mayor Abel called for a 7-minute recess with meeting resuming at 8:32 PM.
Kitsap County Commissioner Patricia Lent clarified for the record, that KRCC is requesting that all
cities ratify the policies, before they are presented to the Puget Sound Regional Council for final
adoption.
Council approved the original motion as amended to adopt Resolution No. 2048
ratifying only Element B of the Kitsap County Countywide Planning Policies. Motion
passed with 4 assenting votes and 3 dissenting votes. Councilmembers Clauson,
Powers and Geiger cast the dissenting votes.
Authorization for the Mayor to Sign Memorandum of Understanding Regarding Puget
Sound Law Enforcement Information Exchange (LinX)
Police Chief Townsend advised the purpose of the Memorandum of Understanding is to develop
an information sharing system between law enforcement agencies within the Puget Sound region.
On motion by Councilmember Cramer, seconded by Councilmember Powers, Council
authorized the Mayor to sign the Memorandum of Understanding among the Naval
Criminal Investigative Service and Participating Federal, State, and Local Agencies for
an Information Sharing Initiative Known as the Puget Sound Law Enforcement
Information Exchange (LinX).
Request to Place in Citv Right-of-Way Port Orchard Yacht Club Banner
On motion by Councilmember Wyatt, seconded by Councilmember Clauson, Council
authorized placement of the Port Orchard Yacht Club rummage sale banner in the City
right-of-way located in the vicinity of 201 Bay Street, starting the first week in March
2004, until the annual rummage sale on April 3, 2004.
Authorize RH2 to Perform Constructabilitv Review of Plans and Specifications for the
WWTF Expansion project.
City Engineer Curies advised that the City has retained RH2 Engineers to design the expansion of
the Wastewater Treatment Facility, which is estimated to cost between $12 and $13 million for
the construction contract. The Sewer Advisory Committee recommends that the City pay to have
an extra review, which may minimize change orders.
January 26, 2004
Page 5 of 6
On motion by Councilmember Clauson, seconded by Councilmember Wyatt, Council
authorized amending the design contract with RH2 to have the firm perform a
constructability review of the plans and specifications of the Wastewater Treatment
Facility Expansion Project.
COUNCIL/MAYOR & STAFF REPORTS
Street Committee
Councilmember Wyatt reported the Public Works street sander is currently inoperable and
approximately 20 years old. Council member Wyatt further advised repairs to the sander would be
approximately $2,000 to $3,000 and replacement would be approximately $7.000.
On motion by Councilmember Wyatt, seconded by Councilmember Geiger, Council
authorized the City Engineer to purchase a new Public Work Department street
sander in an amount not to exceed 7,000.
Mayor's Report
Mayor Abel advised that she has stepped down as the City's Solid Waste Advisory Committee
representative and appointed Stephanie Bailey as the new Committee representative.
Mayor Abel confirmed February 28, 2004 between 8:00AM and 2:00 PM, as the date and time for
the Council/Mayor retreat, with the location to be announced. Mayor Abel asked the Council to
submit discussion items to her for preparation of the agenda.
Mayor Abel reported that Fred Crumley, AWC Loss Control Specialist, sent a letter of
congratulations and a certificate to City Engineer Curies and the Public Works Department for
their 2003 Loss Control Visit which marked an improvement in documented evidence in the form
of checklists, work logs, maintenance records, and other paperwork that are essential elements in
the efficient management of the City Public Works Department.
Council Committee Assignments
Councilman Geiger, senior member of the Council Committee Assignment, recommended that the
Preliminary Committee Assignments, which were recommended by the Council Committee
Assignment Committee on January 14, 2004 be adopted on an interim basis.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council moved to
continue this meeting to January 27, 2004, at 7:30 PM with no action taken on
January 27, 2004. Motion failed with 3 assenting votes and 4 dissenting votes.
Councilmembers Wyatt, Dilenno, Rider and Cramer casting the dissenting votes.
ADJOURNMENT
At 10:40 p.m. Mayor Abel adjourned the City Council meeting.
January 26, 2004
Page 6 of 6
Michelle Merlino, Deputy City Clerk KIM E. ABEL, MAYOR