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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. L&JiliJy~J--4> Michelle Merlino, Deputy City Clerk KIM E. ABEL, MAYOR