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05/29/2001 - Regular - MinutesPort Orchard, Washington May 29,2001 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 P.M. at City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Powers, Van Zee, and Stansbery. Staff present: Police Chief Townsend, Deputy Clerk Merlino, City Planner Wenman, City Engineer Curies, City Treasurer Tompkins, City Attorney Combs, and City Clerk Parks. Councilman Van Zee 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. Fire Chief Brown presented a recommendation and proposal to the City Council to annex the City of Port Orchard into Fire District No. 7. Fire Chief Brown presented an overview of the past history between the city and District No. 7 and recognized the strong relationship between the two entities and encouraged the city to make this relationship permanent through an annexation. Fire Chief Brown addressed the benefits to the city, such as a potential gain of approximately $88,000 per year in revenue; a potential lowered ISO insurance service rating due to accreditation; the Fire District would be responsible for the EMS levy; cooperation between Kitsap County Sheriffs and Police Department; public education uniformity; improved use of equipment and facilities; and the annexation would prepare Port Orchard for continual growth and ease into the Urban Growth areas. Fire Chief Brown stated the Council has some choices to make, such as: • The city remain status quo and not annex at this time; • If the city chooses to annex - o Will the city ask the citizens to approve an increase in the levy rate, as allowed by RCW 52.05.081 o If the city chooses to go for a levy increase the citizens of Port Orchard need to know what the city will do with the additional revenue; • The Council must evaluate the community needs, possibly by conducting a survey of the Port Orchard citizens; and • Council must establish a plan on how they will proceed with this proposed annexation. Fire Chief Brown presented recommendations by the Fire District: • Place this issue on the November ballot; • Make this a public safety issue; • Use the additional revenues for additional police officers. In conclusion Fire Chief Brown encouraged the city to support this annexation. Councilman Clauson recommended and received concurrence from the full City Council to place this matter on the June 11, 2001 city council agenda, to allow the citizens of Port Orchard an opportunity to address this issue with the City Council and staff. May 29,2001 Page 2 of4 Kim Abel, 338 Goldenrod and representing the League of Women Voters, requested the city support a community forum on gambling to help educate the citizens of Port Orchard on what gambling issues can be regulated. Ms. Abel noted the forum needs to allow both sides of the issue be heard and discussed. Ms. Abel also asked for help in funding and allow BKAT tape this open forum. In conclusion Ms. Abel suggested the city place a moratorium on any new gambling establishments until a formal decision can be made. Kathy Michael, 228 Seattle Avenue, expressed a concern with gambling issues and supported Kim Abel's recommendation for a public forum and a moratorium on any new gambling establishments. Ron Rider, 919 Prospect Street, indicated to Council he is not totally against gambling, however did express a concern with a gambling establishment coming to Port Orchard and selling food and beverage, just like his business, and a casino having the opportunity to subsidize their cost of food and beverage with gambling revenues. Ron Boehme, Director of Youth With A Mission, agreed with issues raised by Kathy Michael and Kim Abel and expressed a deep concern with the youth in Port Orchard and the influence gambling would have upon them. Mr. Boehme is very opposed to any gambling within Port Orchard. At this time of the meeting, City Attorney Combs cautioned the audience and Council an application for a gambling establishment will be presented to the City and the City Council will be sitting as a quasi judicial body, therefore the Council can not hear any testimony regarding the proposed application prior to the Public Hearing. Attorney Combs again warning the audience and Council to only speak on the generic issues of gambling. Rick Best, representing First Christian Church in Port Orchard, also spoke against gambling within Port Orchard and encouraged the city to place a moratorium on any new gambling establishments. Ben Terry, 4900 Prairie Court, spoke in opposition to any gambling issues and would like to see the city remain a family oriented town and encouraged the city to stop gambling within the city limits. Ernie Shram, resident of South Kitsap, suggested the citizens of Port Orchard and the City Council petition state government and the Supreme Court to not legalize gambling within this community. Dean Rappley, expressed a concern with the children of our community and the effects gambling will have on them. Marna Snow, questioned why the city leaders would allow gambling within our community and voiced a concern about the unsavory people that gambling may attract to Port Orchard. Katherine Chase, 6373 Grandview Drive, is new to the area and would like Port Orchard to remain the beautiful town it is and urged Council to not allow gambling in Port Orchard. Linda Terry, spoke against gambling and stated this could be potentially devastating to Port Orchard. At this time, Mayor Weatherill asked Kim Abel to bring suggested dates for an open public forum regarding gambling issues back to the June 11, 2001 Council meeting. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized an expenditure of up to $500.00 to provide for the BKAT presentation for the open public forum regarding gambling issues. May 29, 2001 Page 3 of4 On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the City Attorney to prepare a draft ordinance to establish a 6-month moratorium on any new gambling applications. At 8:55 PM Mayor called for a 1 0-minute recess with meeting reconvening at 9:05 PM. City Engineer Curies reported on bid opening held May 24, 2001 at 4:00 PM regarding the Sidewalk Repair Project. Two bids were received with the required bid bonds: Ace Paving $24,164.15 $18,339.00 Alternate bid for residential sidewalk demolition $3,450.00 Admiral C Ross Contractor $9,375.00 ENGINEER'S ESTIMATE $24,355.00 $5,000.00 City Engineer Curies recommended awarding the contract to the lowest bidder Admiral C Ross in the amount of $18,339.00 and reject the alternate bids for the residential sidewalk demolition. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council accepted the bids and awarded the contract for the sidewalk repair project to the lowest bidder, Admiral C. Ross, in the amount of $18,339.00 and rejected the alternative bid for the residential sidewalk demolition. Councilman Morrison, seconded by Councilman Wyatt approved the consent agenda items as follows with item #c approval of Fireworks Stand applications removed for separate consideration: a. Minutes of the following City Council meeting: (1) May 14. 2001 regular city council meeting (2) May 16, 2001 Town Hall meeting regarding proposed governance center b. Claim warrants numbered 35038-35705 in the amount of $180,599.50. d. Request following items be declared as surplus to the needs of the city and authorize disposal in the best interest of the city: Evinrude outboard motor, serial #J0015338 and Force outboard motor, serial #OE117306 (police department), Zenith Systen 3 Television, Serial #7702204 BOQ NSA and Sharp VHS VCR 1 0-Function, wireless remote (Municipal Court). e. Request for the Mayor's signature on the Cooperative Purchasing Agreement of Police Records Management System. f. Proposed Ordinance No. 1820 regarding amending Condition No. 1 of the Preliminary Planned Unit Development of Olney Business Center Phase II, as submitted by the City of Port Orchard (Public Hearing 5/14/01) g. Proposed Resolution No. 1936 approving installation of a sign on public right-of-way located at 2497 Bethel Avenue (Debbie Waldron and Darlene Piper, owners) h. Proposed Resolution No. 1937 approving the encroachment of a commercial/monument sign 13 inches onto the Sedgwick Road right of way -located at 369 Sedgwick Road, Ron Rice applicant On motion by Councilman Morrison, seconded by Councilman Wyatt, Council moved to approve the following fireworks stand applications for the year 2001 with the following condition -if the Department of Emergency Management declares county emergency condition, based on the extreme fire conditions, then all firework stand permits shall be revoked: (1) Rochelle's Fine Fabrics-South Kitsap Mall Parking Lot (2) Calvin Baines -Hi Joy Bowl (3) Goldwing Road Riders WAO-Albertsons Parking Lot-1434 Olney Ave ( 4) Muster Team -Thriftway parking Lot-1415 Olney Ave. May 29, 2001 Page 4 of4 On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized staff to prepare a letter to Kitsap PUD expressing a strong interest in having the fiber optic lines extended to Port Orchard city hall. Fred Chang, 319 Seattle Avenue, suggested the city and Kitsap County share the cost of extending fiber optic lines into Port Orchard. On motion by Councilman Stansbery, seconded by Councilman Wyatt, Council approved the expenditure of $110.02 for police officers training session held May 16, 2001. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council approved the expenditure of $250.00 to allow the eight planning commission members, City Engineer, City Planner and Associate Planner have a joint lunch mini-retreat to discuss the city's expectations of the Planning Commission. On motion by Councilman Van Zee, seconded by Councilman Stansbery, Council authorized the City Engineer to accept a grant with the Department of Ecology on Shoreline Inventory. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the city to pursue the Public Works Trust Fund applications. At 10:07 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 10:17 PM At 1 0:17 PM Mayor Weatherill adjourned Council into Executive Session for 1 hour and then extended it an additional 20 minutes to discuss pending litigation and labor negotiations. ~edCouncilintoregular;e;:d ~eme:g. Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR