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09/22/2003 - Regular - MinutesPort Orchard, Washington Minutes of September 22, 2003 Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30 p.m. at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Powers, and Cramer. Councilman Rider excused. Staff present: Police Chief Townsend, City Engineer Curies, City Planner Wenman, Court Administrator Hunt, Deputy Clerk Merlino, City Clerk Etgen and City Attorney Jacoby. Call to order Councilman Cramer led the audience and Council in the Pledge of Allegiance. Audience Comments Mayor Weatherill asked for audience comments for items not listed on this agenda. No comments were received at this time. New Business Good Neighbor Awards Mayor Weatherill presented the 2003 Summer Good Neighbor Awards. Recipients Theodore and Ora Bakker accepted the Residential Category Award, for their residence located at 310 Sidney Avenue. Donna Means, on behalf of Stafford Suites, located at 1761 Pottery Avenue, accepted the Commercial Category Award. These awards are to recognize the contribution of individuals and businesses that enhance the aesthetic quality of their neighborhood. Public Hearing: Appeal of Staff Determination Regarding Cloise & Mike Construction Business Located at 914 Bay Street (Continued from August 25, 2003) City Attorney Jacoby presented a staff report and recommended Council approve Resolution No. 2043 which was reviewed by Cloise & Mike Construction's attorney. City Attorney Jacoby advised Resolution No. 2043 clearly represents testimony and exhibits presented at the August 25, 2003 City Council meeting. On motion by Councilman Geiger, seconded by Councilman Clauson, Council adopted Resolution No. 2043 regarding Cloise & Mike Construction's appeal to overturn a notice and order for the abatement of an unsafe or unlawful condition. Solid Waste Advisory Committee Update Kim Abel, representing the Solid Waste Advisory Board, presented a handout outlining the new Kitsap County Recycling Program. Ms. Abel advised the new recycling program now allows residents to recycle cardboard, phone books, paper that is un-coated, and all plastics. Due to the success of the recycling program residents will be experiencing a September 22, 2003 Page 2 of 6 lower recycling rate. The new rates will decrease from $2.65 per month to $2.24 per month. Ms. Abel also discussed the successful Furniture Amnesty Program and the Code Enforcement Voucher Program. Ms. Abel informed the Council, that Kitsap County landfills will now recycle television and computer screens for a nominal fee. Mayor Weatherill and Council thanked Ms. Abel for her presentation. Approval of Interlocal Telecommunications Agreement with the Public Utility District No. 1 of Kitsap County. Councilman Clauson presented a staff report advising the Telecommunications Interlocal Agreement with the PUD had been previously approved by the City Council and forwarded to the PUD for their signature. However, the PUD Commissioners had deleted paragraph 1.8K, page 22, stating the Commissioners would rather work with the City Engineer on a case-by-case basis rather than having one procedure cover all excavations. On September 9, 2003 the Telecommunication Committee and the PUD Board came to an agreement that put paragraph 1.8K back into the agreement, and added the following sentence to the end of the paragraph as follows: "When the PUD adds new conduit, the City will not dictate what type of underground construction the PUDwill use." On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to sign the revised Interlocal Agreement with the Kitsap County PUD. Clarification of Council's Intent Regarding the Mandatory State Assessment for Infraction Penalties/Fines Set by POMC. Deborah Hunt, Port Orchard Court Administrator, requested clarification regarding the Mandatory State Assessments for Infraction Penalties/Fines. Court Administrator Hunt commented these fines are for non-criminal infractions, such as code enforcement, animal control issues and public nuisances. Ms. Hunt asked the City Council, per the Administrative Office of the Courts' recommendation, if it was Council's intent that the mandatory state assessments be included in the penalties/fines as set forth in the Municipal Code or if it was their intent that the mandatory assessments be added to the penalties/fines as set forth in the Municipal Code. The Court cannot waive or suspend any part of the state assessments. Rita Di!enno, presented a handout expressing her concern with the potential changes being discussed, and asked that the Council continue the current policy until such time as an appropriate committee has reviewed the change in state law. City Attorney Jacoby advised he has reviewed the legislative issues and is comfortable with the recommendations presented by the Municipal Court. September 22, 2003 Page 3 of 6 Councilwoman Powers moved to recommend that the mandatory assessments be added to the base penalties in accordance with State Law, seconded by Councilman Clauson. Councilwoman Powers amended motion to authorize the City Council to review the Municipal Code fines related to these penalties, seconded by Councilman Geiger. Council unanimously approved original motion as amended to recommend that the mandatory assessments be added to the base penalties in accordance with State Law and review the Municipal Code fines related to these penalties. Appeal of POMC 7.12.090-Animal Ownership Restrictions On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved variance of POMC 7.12.090 allowing Susan & Mike Steuermann to keep five dogs at their residence located at 1252 Sherman Avenue with the condition that the variance is only for the lifetime of Ren & Chui and is not transferable to any other animal. Consent Agenda On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved the consent agenda as follows: A. Minutes of the September 8, 2003 Council Meeting B. Approval of Claim Warrants #39825-39899 in the amount of $103,859.77 C. Authorization for the Mayor to sign Interlocal Agreement Between Kitsap County and the City of Port Orchard for the Liquid Only Decant Station D. Resolution No. 2042 Exempting Kitsap County from the City's View Protection Ordinance E. Authorization for the Mayor to sign Employment Agreement with Randy Ernst F. Surplus of the following two seized vehicles from the Port Orchard Police Department (1) 1992 Chevrolet Astra Van -VIN # 1GBEL19WXNB191128; (2) 1993 Honda Civic VIN # JMEG8640PS041851 Reports Councilman Geiger reported the Finance Committee reviewed two position title changes. These title changes would better reflect the type of work each position performs. On motion by Councilman Geiger, seconded by Councilman Wyatt, Council changed the title "City Engineer/Superintendent of Public Works/Assistant to the Mayor" to "Public Works Director/City Engineer and also changed "Public Works Secretary/Technician" to "Public Works Office Manager." Councilman Morrison reported the Street Committee reviewed the ordinance concerning the parking and storage of boats and RV's in City right-of-way. Councilman Morrison September 22, 2003 Page 4 of 6 commented that the purpose of the ordinance is to enhance safety and to improve the appearance of the neighborhoods. Councilman Morrison advised that the Street Committee recommends no changes to the ordinance at this time; however the ordinance does allow the City Council to approve exceptions. The Street Committee recommended the exceptions be outlined in a resolution and that staff be directed to prepare a resolution outlining the following exceptions: • Narrow roads should not be further constrained by boats and RV's. The road width of an access road is 28 feet and the Council should restrict boats and RV's from parking on access roads and paved areas less than 28 feet. • A boat and RV permanently parked on the street affects the entire neighborhood. Neighbor consideration should be accounted for and the application should have a supporting petition signed by the neighbors. • Parking of boats and RV's can affect sight distance and access to mail boxes, stairs, or driveways. • The neighbors may object less to a new boats/RV than to a boat/RV-refurbishing project. Councilman Morrison further advised the Street Committee recommended staff to prepare an amendment to the Residential Parking Pass Program to reflect the following changes: • Update the zoning terminology; • Stop commercial trucks, boats, RV's, and trailers from getting passes; • Revoke passes from cars which are inoperable on the street; • Revoke passes from cars which appear to be in long-term storage on the street; • Create a temporary Construction Parking Permit for residential areas. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the City Engineer to seek a professional opinion concerning the safety of certain trees within City right-of-ways. Councilman Morrison reported that the Street Committee reviewed the tax title strip along Sherman Avenue, south of Fireweed. The Committee recommends that since the land is not needed for utilities or a public road, the City should not seek ownership from the County at this time. The Council concurred with the recommendation of the Street Committee. Councilman Morrison advised that the Street Committee discussed the deterioration of the Bay Street Marquee and recommended the vertical elements along the south side of the marquee be removed. Councilman Morrison moved to authorize the City's Public Works Department to remove the vertical elements along the south side of the marquee, seconded by Councilman September 22, 2003 Page 5 of 6 Powers. Motion failed with 1 aye and 5 nays. Council members Clauson, Wyatt, Geiger, Cramer and Powers casting the dissenting votes. Councilman Clauson advised the Water/Sewer Committee discussed the replacement of the telemetry system. The design has been completed and the installation is ready to begin. The cost would be $192,207.00 plus tax, and Technical Systems, Inc would complete the work. On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the City Engineer to continue with the replacement of the telemetry system. Councilman Clauson reported the Water/Sewer Committee recommends the City accept a contract addendum for the Port Orchard Boulevard Sewer Main Re-Design. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the Mayor to sign contract addendum with Carollo Enigneers to make the needed design modifications at a cost of $8,082.00. Councilwoman Powers asked for Council's concurrence on allowing the Chamber of Commerce -Tourism Group meet in the City Council's Chambers on a regular basis. The City Council concurred with Councilwoman Powers request. Mayor Weatherill thanked Melode' Sapp from the Port Orchard Chamber of Commerce for presenting each Councilmember with a video on South Kitsap and Port Orchard. Mayor Weatherill congratulated the Chamber of Commerce for an outstanding video and representation of Port Orchard. Mel ode' Sapp thanked the City and Council and advised this video is a result of the City's Hotel/Motel tax monies. In conclusion Ms. Sapp commented the Chamber is looking forward to sending the video to many cities and towns to encourage tourism. The following Council Committee meetings were set: Sewer Advisory Committee September 29, 2003 7:30p.m. at City Hall or October 1, 2003 7:30 p.m. at City Hall Street Committee October 2, 2003 7:30am., Myhre's Public Property Committee September 29,2003 6:00p.m. at City Hall Festival of Chimes and Lights Committee October 1, 2003 6:30 p.m. at City Hall September 22, 2003 Page 6 of 6 City Engineer Curies reported on the replacement of the Port Orchard Library's furnace. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the City Engineer to proceed with contracting with Air Masters to replace the existing furnace at the Port Orchard Library with a new HVAC system at a cost of $10,384, plus sales tax. At 9:00p.m., Mayor Weatherill adjourned Council into Executive Session for 20 minutes and extended it an additional 15 minutes to discuss potential litigation and personnel issues. At 9:35 p.m. Mayor Weatherill reconvened the meeting and immediately adjourned the meeting. ''-{\L_~~ Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR