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10/22/2001 - Regular - Minutes• • Port Orchard, Washington October 22, 2001 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 P.M. in City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee, and Stansbery. Staff present: Police Chief Townsend, Deputy Clerk Merlino, City Treasurer Tompkins, City Plan net· Wen man, City Engineer Curies, City Attorney Combs, and City Clerk Parks. Councilman Morrison led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this meeting's agenda. No response was received at this time. City Engineer Curies introduced the proposed Grant of Easement and Road Maintenance Agreement between several property owners including the City of Port Orchard for property within the McCormick Woods Reservoir Site. The proposed easement would address an existing encroachment and will not have an adverse impact to the city or affect the city's water system. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the Mayor to sign the Grant of Easement and Road Maintenance Agreement between Gary L. Ebert, Jackie L. Ebert, Landon J. Brazier, Marjorie G. Brazier, Jean Y. Silver and the City of Port Orchard. This easement provides for an existing access road, which encroaches on the city's McCormick Woods Reservoir Site. Mayor Weatherill opened the 7:35 PM Public Hearing regarding anticipated 2002 City Budget Revenue Sources, as required by Chapter 251, Laws of State of Washington, 1995. City Treasurer Tompkins presented staff report on anticipated 2002 City Budget Revenue Sources. The presentation highlighted Current Expense and Street Funds, which are supported primarily by property taxes and sales tax. The total projected 2002 budget will be $5,728,875, which includes property lax projections in the amount of $1.400,000 for the Current Expense and Street Funds. Mayor Weatherill called for public input from the audience regarding the anticipated 2002 City Budget Revenue Sources. As no comments were received, Mayor Weatherill closed the Public Hearing. (Ordinance setting the 2002 Property Taxes will be presented for Council consideration at the November 13, 2001 meeting.) Mayor Weatherill introduced proposed Ordinance No. 1835 amending POMC 9.30.050 relating to types of nuisances. This ordinance adds a subsection prohibiting grass or weeds exceeding twelve inches in height. Ron Rider, 919 Prospect Alley, spoke against the proposed ordinance stating this ordinance will become more of a problem for the residents who are trying to maintain their property and find it impossible to keep vegetation down. Ron Rice, 369 Sedgwick Road, also spoke in opposition to the ordinance informing the Council this ordinance appears to be creating a potential selective enforcement issue and expressed a concern with the impact to his 5 acres of commercial property. On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Ordinance No. 1835 deleting item (5)(c), which would have exempted "Undeveloped property owned by the City of Port Orchard." Motion passed with 6 ayes and 1 nay. Councilman Geiger voting nay. • • October 22, 2001 Page 2 of 3 Mary McClure representing Kitsap Regional Coordinating Council, presented KRCC's proposed priorities Legislative Agenda for 2002. Ms. McClure highlighted some of the proposed issues for discussion: ./ Water: Growing Communities; Infrastructure and Storage Facilities ./ Transportation: Stable ferry funding; Tacoma Narrows Bridge ./ Unfunded Mandates: Endangered Species Act ./ Telecommunication services ./ Growth Management Act Ms. McClure asked the Council for any suggestions before the proposed agenda is finalized in November 2001and their continued support. At 8:30PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:40PM. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council removed from table, proposed Resolution No. 1940 expressing the Council's intent to increase the annual tax levy, if the City of Port Orchard is annexed into Kitsap County Fire Protection District No. 7, until it has been detenmined when the city could consider implementing an increase of the annual tax levy and also until the issue of the annexation into the Fire District has been resolved. City Attorney informed the Mayor and Council, Kitsap County legal counsel has given the legal opinion that, the City of Port Orchard cannot consider increasing the tax levy rate until the Fire District can assess and collect taxes from within the city limits, which will be the fall of 2002 for the 2003 tax levy. No further action was taken on proposed Resolution No. 1940. Councilman Van Zee, Chair Growth Management Committee, requested the proposal to revise the city's tree ordinance to provide for protection of old growth trees, be removed from the agenda. Councilman Van Zee staled this item has been taken care of by city staff as they work with developers. No further action is needed. On motion by Councilman Stansbery, seconded by Councilman Geiger, Council approved consent agenda items as follows: a. Minutes of the October 8, 2001 regular City Council meeting b. Claim warrants numbered 35898-35970 in the amount of $131,955.59. c. Resolution No. 1953 amending Resolution No. 1194 and Special Use Permit No. 0007 for the offices located at 608 Sidney Avenue. d. Authorization to reschedule the December 24, 2001 regular City Council meeting to December 26, 2001. On motion by Councilman Van Zee, seconded by Councilman Stansbery, Council excused Councilwoman Powers from the November 26, 2001 regular City Council meeting. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council authorized the city to utilize Occupational Medical of Kitsap County (OMAK) as the office that will provide the Commercial Drivers License (COL) exams (as required per Public Works Labor Agreement Article 8.7) for city public works employees at a cost of $60.00 each. If an employee elects to not go to the OMAK office and gets their COL medical certification from their personal physician, the city would reimburse up to a maximum of $60.00. Motion passed unanimously. • • October 22, 2001 Page 3 of 3 On motion by Councilman Morrison, seconded by Councilman Clauson, Council approved Application for Public Event, submitted by Phil McCormick, representing Rewind Music and Coffee Co. and Bay Street Association for the 3"' Annual Pumpkin Patch on Saturday, October 27, 2001 from 11:00 am to 4:00 pm located on Frederick Street. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized Soroptimist International of Port Orchard permission to place A-board signs advertising their annual fundraiser (Holly Daze) from October 29, 2001 to November 2, 2001 at the following locations: • Tremont Street/Pottery Avenue • Tremont Street/Port Orchard Boulevard • Bay Street (by Holiday Inn Express) • Sidney Avenue (by Givens Community Center) The signs will put up in the morning and removed in the evening.