02/09/2004 - 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
FEBRUARY 9, 2004
ALSO PRESENT: Police Chief Townsend, City Planner Wenman, City Engineer Curies, Deputy
Clerk Merlino, and City Attorney Combs.
CALL TO ORDER
Linda Wyatt member of the audience, led the audience and Council in the Pledge of Allegiance.
PRESENTATION
Mayor Abel presented Councilmember Rick Wyatt with a name badge to wear as he represents
the City as Mayor Protem for the year 2004.
APPROVAL OF AGENDA
On motion by Councilmember Dilenno, seconded by Council member Cramer, Council
approved the Agenda with the following revisions:
•!• Remove from Consent Agenda and Place on Business items:
o Proposed Ordinance No. 1929 Regarding Discharging of Firearms
o Approval for Landscaping Wall at 533 Tracy Avenue
o Authorize Proposal from Nicholson Drilling for Well #9 Pump
o Authorize Mayor to Sign Contract for 6 Monitoring Wells at 514 Bay
Street
o Award of Bid -Storage Building Project
•!• Remove from Agenda Public Hearing Regarding Appeal of the Denial of the
Pawnbroker's License
AUDIENCE COMMENTS
Mayor Abel asked for audience comments for items not listed on this agenda. No comments
were received at this time.
CONSENT AGENDA
February 9, 2004
Page 2 of 6
On motion by Councilmember Geiger, seconded by Councilmember Wyatt, Council
approved the Consent Agenda as follows:
A. Minutes of the January 26, 2004 City Council Meeting
B. Approval of Claim Warrants #40659-40755 in the amount of $138,168.38 and January
2004 Payroll Warrants #137960-138035 and Direct Deposits in the Amount of
$452,269.69.
D. Approval of Application for Public Event-Cruz 2004
F. Review of RV Exemption-Strader-531 Avenue
H. Surplus Two Automobiles-1992 and 1994 Chevrolet Caprice
BUSINESS ITEMS
Proposed Resolution No. 2053 Regarding Denial of David Z. Levine. D.O. Home
Occupation/Conditional Use Permit 012-03 and Reguest for Reconsideration
Dr. David Levine addressed Council by apologized for missing the Public Hearing which was held
January 26, 2004. Dr. Levine asked Council for reconsideration on his denial to allow him an
opportunity to present his comments concerning the Home Occupation/Conditional Use Permit.
The property is located at 1396 Cedar Canyon Place.
On motion by Councilmember Wyatt, seconded by Councilmember Geiger, Council
moved to allow reconsideration of Council action taken on January 26, 2004
regarding the denial of Dr. David Levine's Home Occupation/Conditional Use Permit
No. 012-03. Motion passed with 4 assenting votes and 3 dissenting votes.
Councilmembers Clauson, Wyatt, Geiger and Powers cast the 4 assenting votes.
Dr. Levine asked that Councilmember Diienno step down from the council table and refrain from
any discussion or voting on this issue. Dr. Levine commented that Council member Dilenno was a
member of the Planning Commission when the Planning Commission denied his application.
City Attorney Jacoby responded that attendance at a public meeting did not preclude
Councilmembers from taking action at a Public Hearing. Mr. Jacoby asked if the City Council had
any reason why they could not render an impartial decision on this matter. The City Council gave
no comments.
On motion by Councilmember Wyatt, seconded by Councilmember Geiger, Council
moved to continue and reopen this Public Hearing on March 8, 2004 to allow for
public notification regarding the Home Occupation/Conditional Use Permit No. 012-
03 as submitted by Dr. David Z. Levine. Motion passed with 7 affirmative votes.
Temporary Use Permits for Kitsap Countv Residential Properties
Caroline Siems, spoke on behalf of Malcom Fleming, Kitsap County Administrator, requesting the
City approve 10 temporary use permits for the following properties as follows:
802 Sidney Avenue; 810 Sidney Avenue; 818 Sidney Avenue; 614 Taylor
Street; 620 Taylor Street; 706 Taylor Street; 809 Austin Avenue; 815 Austin
Avenue; 819 Austin Avenue; 807 Cline Avenue.
February 9, 2004
Page 3 of 6
Ms. Siems commented delaying the approval of these Temporary Use Permits would create major
problems for the County's planned construction of the new administration building.
Councilmember Rider, seconded by Councilmember Cramer, moved to place the
request for 10 Temporary Use Permits into the Growth Management Committee for
further review.
Councilmember Powers amended motion requesting recommendation by the Growth
Management Committee be submitted to the City Council at the next meeting,
February 23, 2004, seconded by Councilmember Clauson. Motion failed with 3
assenting votes and 4 dissenting votes. Councilmembers Cramer, Dilenno, Wyatt and
Rider cast the four dissenting votes.
Original motion, as presented, to place the request for 10 Temporary Use Permits into
the Growth Management Committee for further review, passed with 6 assenting
votes and 1 dissenting vote. Councilmembers Wyatt, Dilenno, Geiger, Powers, Rider
and Cramer cast the 6 assenting votes.
Proposed Ordinance No. 1930 Regarding Special Meetings
City Attorney Jacoby presented revisions to Municipal Code Section 2.04.030, which governs
special meetings of the City Council. The amendment to the Municipal Code would adopt notice
procedures as set forth in the Open Public Meetings Act.
Councilmember Dilenno moved to adopt Ordinance No. 1930 amending Chapter 2.04
of the Municipal Code regarding special meetings of the City Council, seconded by
Councilmember Clauson.
Councilmember Wyatt, seconded by Councilmember Dilenno moved to amend
proposed Ordinance No. 1930 to read as follows:
Special meetings may be called by the Mayor or by a majoritv of" the
Councilmembers by written notice as provided in RCW 42.30.080. No
ordinances shall be passed or contract let or entered into, or bill for the
payment of money allowed at any special meeting.
Original motion as amended passed unanimously.
Proposed Resolution No. 2054 Ratifying Element "B" of the Kitsap Countywide
Planning Policies
On motion by Councilmember Dilenno, seconded by Council member Cramer, Council
ratified the revisions to Element "B" of the Kitsap Countywide Planning Policies.
Motion passed unanimously with 7 ayes.
Discharging Firearms Ordinance
February 9, 2004
Page 4 of 6
Police Chief Townsend advised recently Section 9 of the POMC regarding Public Peace, Morals and
Safety has been revamped and inadvertently the ordinance regarding discharging firearms in the
City was dropped. This proposed ordinance would make it illegal to discharge firearms within the
City limits.
Councilmember Cramer moved to approve Ordinance No. 1929 regarding the
discharge of firearms and air guns, seconded by Councilmember Clauson.
Councilmember Clauson, seconded by Councilmember Geiger moved to amend
proposed Ordinance No. 1929, Section 2 to read as follows:
It is unlawful for any person to point or shoot an air gun at any person or
the property of another, or to aim or discharge such weapon in the
direction of a person or the residence of another, while within such
range and with the intent to cause or inflict injury to the person or
damage to the property of another.
Original motion as amended passed unanimously.
Aporoval of Landscaping Wall at 533 Tracy Avenue
Councilmember Dilenno moved to allow the landscape wall at 533 Tracy Avenue
North to remain in the public right-of-way, subject to a future review of the matter if
the wall proves to interfere with traffic, seconded by Council member Geiger.
Councilmember Dilenno amended motion to read as follows, allow the landscape wall
at 533 Tracy Avenue north to remain in the public right-of-way, subject to a future
review and recision. Removal of the wall will be at the exoense of the orooerty owner
located at 533 TracyAvenue North, seconded by Councilmember Rider.
Original motion as amended, passed unanimously allowing the landscape wall at 533
Tracy Avenue north to remain in the public right-of-way, subject to a future review
and recision. Removal of the wall will be at the expense of the property owner
located at 533 Tracy Avenue North.
Authorize Proposal from Nicholson Drilling for Well #9 Pump
On motion by Councilmember Cramer, seconded by Councilmember Wyatt, Council
directed the City Engineer to rebid and readvertise in a broader area for Well #9
Pump. Motion passed unanimously.
Authorize Mayor to Sign Contract for Six Monitoring Wells at 514 Bay Street
On motion by Councilmember Clauson, seconded by Councilmember Geiger, Council
authorized the Mayor to sign contract with EMS Consultants to establish six
monitoring wells at 514 Bay Street, not to exceed the cost of $18,813.60 and to have
the consultants prepare the necessary data collection. Motion passed with 5
assenting votes and 2 dissenting votes. Councilmembers Cramer and Wyatt cast the
two dissenting votes.
Award of Bid -Storage Building Project
February 9, 2004
Page 5 of 6
On motion by Councilmember Geiger, seconded by Councilmember Clauson, Council
accepted the bidding of the Storage Building and awarded the contract to the lowest
bidder, Town and Country Post Frame Building for the contract price of $21,699 plus
tax, subject to approval of the City Attorney.
COUNCIL/MAYOR & STAFF REPORTS
Growth Management Committee
Committee Chair, Councilmember Diienno, reported the Committee discussed appealing the 2003
Countywide Planning Policies which were adopted on December 15, 2003, however due to a
limited time frame for the appeal process, the committee does not recommend doing anything
more on this issue at this time. The Growth Management Committee will continue to study future
changes to the Countywide Planning Policies.
Councilmember Diienno further advised the Committee is currently looking at drafting a policy
Resolution to guide the Mayor or altemate at the KRCC meetings. The purpose of the resolution
is to ensure that the City Council's interests are represented at the KRCC meetings. The next
Growth Management Committee is scheduled for February 17, 2004-4:30 p.m. at City Hall.
Economic Development Committee
Committee Chair, Councilmember Rider, reported the Port Orchard Revitalization Team (PORT)
met on January 27, 2004 and February 4, 2004. The first meeting was an introduction and
welcome by the Mayor to the many community members. City Engineer Curies discussed the
grant request and process. The second meeting involved many activities, such as slide show and
background of Port Orchard, presentation of Kitsap Transit Planned Port Orchard Intermodal
Terminal and discussion of future meetings. The next scheduled meetings for the Port Orchard
Revitalization Team (PORT) are scheduled at followed:
February 10, 2004 6:30 p.m. City Hall
February 12, 2004 6:30 p.m. City Hall
February 18, 2004 6:30 p.m. City Hall
February 24, 2004 6:30 p.m. City Hall
Public Property Committee
Committee Chair, Council member Powers, gave a brief update on the indoor police range project.
The committee will continue to explore all options for the indoor range.
Mayor's Report
Mayor Abel advised the City Council's retreat is scheduled for February 28, 2004 from 8:00 a.m.
to 2:00 p.m. Mayor Abel asked for Council's concurrence on where the retreat should be held
and if a facilitator should be hired. Upon City Council concurrence, the Council decided not to hire
a facilitator and to schedule the retreat at City Hall.
February 9, 2004
Page 6 of 6
Mayor Abel distributed the new KRCC handbooks, which identify the following:
·:· An overview of KRCC
•!• The Policy Board Members
•!• KRCC Role and Work Program
•!• Transportation Committee
•!• Other KRCC Committees
•!• Legislative Agenda
•!• Financial outline
•!• KRCC By Laws and Interlocal Agreement
•!• Revenue Sharing Interlocal Agreement
•!• Kitsap Countywide Planning Policies.
Planning Department
City Planner Wen man reported staff is currently working on the Government Overlay District, with
revisions that will be presented to the Planning Commission.
City Council set March 1, 2004 at 7:30 p.m. as Special Workshop Meeting to discuss package two
of the Revisions to the Countywide Planning Policies.
Engineering Department
City Engineer Curies reported the City will start the process to hire a full time planner to help in
the development of the UGA Sub-Area Planning Process. After much discussion by the Council, it
was determined to have the City Engineer look at the cost for hiring a consultant to develop the
documentation to support the development of the UGA Sub-Area Planning Process and also start
the procedure to hire a full time planner.
ADJOURNMENT
At 10:20 p.m. Mayor Abel adjourned the City Council meeting.
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Michelle Merlino, Deputy City Clerk KIM E. ABEL, MAYOR