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01/27/2003 - Regular - MinutesPort Orchard, Washington January 27, 2003 Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger, Powers, Rider and Cramer. Staff present: Police Chief Townsend, City Planner Wenman, City Engineer Curies, City Attorney Amann, and Deputy Clerk Merlino. Councilman Rider led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. No comments were received at this time. Mayor Weatherill asked Council members Powers and Clauson to present the 2002 Holiday Good Neighbor Awards for outstanding holiday decorations for the commercial and residential categories. These awards recognize the dedication of individuals and businesses that have exhibited vibrant holiday spirit. Rosemarie Bell and Bill Philips were the first place winners for the residential 2002 Holiday Good Neighbor Award and accepted their award from Councilwoman Powers, for their home located at 806 Cline Avenue. Councilman Clauson presented the commercial category for the 2002 Holiday Good Neighbor Award to Sandy Baisden and Ray Garza representatives of the Ridgemont Terrace Convalescent Center located at 2051 Pottery Avenue. Mayor Weatherill also acknowledged the following runners-up in each of the following categories. Residential Award: 2nd Place Winner-Auddie Ward for her residence located at 1111 Garrison Avenue. 3'd Place Winner-Znette and Curt Blakeman for their residence located at 1330 Pottery Avenue. Commercial Award: 2nd Place Winner-Village Square, Sandy O'Donnell owner, for her business located at 1130 Bethel Avenue. Mayor Weatherill. also announced a new category this year-Neighborhood Award, due to the spectacular decorations displayed in various neighborhoods. This year's Neighborhood Award was presented to the residences of Goldenrod Street. Donna and Tim McCollum -117 Goldenrod Street Larry Lieseke -119 Goldenrod Street Phillip Sutter-255 Goldenrod Street Bill Palmer, Land Use Planner, and representing the South Kitsap Business Park, located in the Sidney Road-Sedgwick Road intersection area, presented a proposed Kitsap County Comprehensive Plan Amendment, which would support an expanded Port Orchard Urban Growth Area Boundary and establish Business Park and Highway Tourist Commercial Zoning. Mr. Palmer advised an application will be submitted to Kitsap County for an amendment to Kitsap County's Comprehensive Map and asked for a Letter of Support from the City to Kitsap County supporting the UGA expansion and amendments to the Comprehensive Plan. On motion by Councilman Clauson, seconded by Councilman Rider, Council directed staff to prepare a draft Letter of Support regarding the Application for Kitsap County Comprehensive Plan Amendment for property commonly known as South Sidney Business Park. This Letter of Support is to be presented at the next Council meeting for Council consideration. Bill Palmer also asked for a Letter of Water/Sewer Availability for the proposed Talmo-Tallman Annexation area, the proposed annexation is located in the Sidney/Sedgwick area. Councilman Clauson moved to authorize the Mayor to sign a Letter of Water/Sewer Availability for the proposed Talmo-Tallman Annexation area for property located in the Sidney/Sedgwick area, seconded by Councilman Rider. January 27, 2003 Page 2 of 3 Councilman Geiger moved to amend the motion, to authorize the Mayor to sign the Letter of Water/Sewer Availability, contingent upon successful annexation into the City of Port Orchard, seconded by Councilman Clauson and carried. Council approved the original motion, as amended, authorizing the Mayor to sign a Letter of Water/Sewer Availability for the proposed Talmo-Tallman Annexation area for property located in the Sidney/Sedgwick areaJ. contingent upon successful annexation into the City of Port Orchard. Motion as presented and amended passed with 7 ayes. Dave Dickson, Assistant Director Kitsap County Public Works/Utilities, updated the Council on the Kitsap County Surface and Storm Water Management Program (SSWM). Mr. Dickson presented the SSWM Program Goals as follows: • Protect life and property from storm, waste, flood or surplus surface water; • Protect water quality by preventing siltation, contamination, and erosion of the County's waterways • Protect aquifers • Provide shellfish protection • Compliance with federal and state regulations and legislation • Increase public awareness • Encourage preservation of natural drainage systems. Mr. Dickson also presented their program activities and program funding, stating approximately $4.4 million dollars per year is locally generated revenue, accumulated through a fee-based utility. The City Council and Mayor thanked Mr. Dickson for his informative presentation. On motion by Councilman Cramer, seconded by Councilman Geiger, Council approved Ordinance No. 1890 amending the City of Port Orchard Criminal Code, Title 9 of the Port Orchard Municipal Code. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Ordinance No. 1891 modifying Chapter 7.04 of the Municipal Code regarding animal control. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Ordinance No. 1892 amending Chapter 2.64 of the Port Orchard Municipal Code authorizing enforcement of the commercial vehicle ordinance by the Code Enforcement Officer. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No. 2005 amending the parking resolution regarding the Downtown Merchant Parking Pass and amending hour restrictions on both sides of the street from Austin Avenue to Cline Avenue from four hour to two hour. On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the Mayor to sign the Legal Services Agreement between the City of Port Orchard and Loren Combs and McGavick Graves, P.S. for legal services from January 1, 2003-December 31, 2004. Councilman Rider, Growth Management Chair, requested the following Old Business Items be removed from future agendas as these items will be presented to Council for their consideration at the February 10, 2003 City Council meeting. d. Review of Zoning Ordinance Significant Tree Retention Policy. (Growth Management - 8/26/02)) e. Review of Zoning Ordinance-minimum lot size. (Growth Management-8/26/02) On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved consent agenda as follows: a. Minutes of the January 13, 2003 regular City Council meeting. b. Claim warrants numbered 38482-38562 in the amount of $165,988.35. January 27, 2003 Page 3 of 3 c. Resolution No. 2004 allowing an exemption to the five-dwelling unit limitation to Caseco Lane. On motion by Councilwoman Powers, seconded by Councilman Morrison, Council moved to pay KRCC $103.00 Cost of Living increase for 2003. The amount of $3,651 budgeted for the 2003 KRCC dues assessment was based upon a September KRCC budget projection and did not include a cost of living increase. Council approval to pay the COLA increase of $103.00, which will bring the 2003 KRCC dues assessment allocation to $3,754.00. On motion by Councilman Clauson, seconded by Councilman Cramer, Council excused Councilman Rider from the February 24, 2003 and March 24, 2003 City Council meeting. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the Cruz 2003 Application for Public Event, submitted by the Saints Car Club, Sunday August 10, 2003. Location of event is on the waterfront parking lot #4 from 7:00 am -5:00 pm, subject to conditions as outlined by City Staff. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved request by the Port Orchard Yacht Club to place temporary banners on city right-of-way, in the 200 block of Bay Street on April 4, 2003 to be removed on April 6, 2003. Mayor Weatherill asked for Council's concurrence of his appointment of Stephanie Bailey to the Port Orchard Planning Commission. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council concurred with Mayor Weatherill on his appointment of Stephanie Bailey to the Port Orchard Planning Commission to fill the unexpired term of John Russell. Ms. Bailey's term will expire on December 31, 2006. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved the agreement to have McCormick Land Company assign their water right application to the City of Port Orchard, with the understanding the City would re-assign the rights back to McCormick Land Company, after the cost reimbursement effort with the Department of Ecology. The City Council set March 24, 2003 at 7:35 PM as a date and time for a Public Hearing to review the proposed rate study for water and sewer rates. On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the Mayor to sign Letter of Water/Sewer Availability with McCormick Land Company for McCormick West contingent upon one of the following conditions: • The City has the water intertie with the City of Bremerton; or • The City receives a water right increase from the Department of Ecology; or • The City acquires additional approved water rights. At 9:23 PM Mayor Weatherill adjourned the City Council meeting. Michelle Merlino, Deputy City Clerk LESLIE J.'WEATHEffiLL MAYOR