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10/24/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 24, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Rita Diienno Robert Geiger, Mayor Protem Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Planning Director Long-Woods, Public Works Director Abed, Treasurer Tompkins, City Clerk Etgen, Deputy Clerk Merlino and City Attorney Combs. 6:30 P.M. CALL TO ORDER AI Mahaney, the chairman of Fathoms 0' Fun, led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Council Member Powers requested Consent Agenda Item "Approval of Council Study Session Minutes of October 3, 2005" be moved to Business. Council Member Diienno requested moving Business Item "Approval of Recommendation by Lodging Tax Advisory Committee for Distribution of 2005/2006 Hotel-Motel Tax Funds" to the second item on the Business. Mayor Abel added a personnel matter to the Executive Session. AUDIENCE COMMENTS Dousithee Chamberlin, resident, presented the Mayor with a bill for a survey that was performed on his and neighboring properties. PUBLIC HEARING Anticipated 2006 City Budget Revenue Sources Treasurer Tompkins reviewed the statutory property tax levy rates and how the rates have decreased with the one percent levy limit. Currently the City's levy rate is approximately $1.80. She reported the City expects an increase of $35,397 in property taxes levied and an increase of $46)51)66 in assessed value for 2006. Payable taxes reflect a one percent increase to date for a total of $9,870 with new construction of $25,527. 79.23 percent of the City's budgeted revenues in 2005 were generated by taxes and in 2006 are projected to be 78.66%. Other revenue sources include licenses and permits; state-shared revenues such as grants and boat registration fees; charges Minutes of October 24, 2005 Page 2 of 6 for services such as land-use, plan review, court probation and law enforcement services; fines and forfeits and miscellaneous fees such as interest earnings and parking fees. Projected 2006 property tax revenues are at 22.05 percent, and sales tax at 53.92 percent. Sales tax collection through September 2005 has increased by approximately $216,000 over the same time period in 2004. Treasurer Tompkins commented this information would be available on the City's web page for citizens to review. The Finance Committee has scheduled meetings in November to review the proposed budget, and a draft of the property tax ordinance was presented to the Council for action at the next regular council meeting. With no one responding to the Mayor's call for public testimony, the public hearing was closed. CONSENT AGENDA Council Member Powers moved and Council Member Wyatt seconded a motion approving the Consent Agenda as modified. Upon vote, motion carried unanimously. A. Approval of Claim Warrants #644267-44357 in the amount of $190,568.16 B. Approval of Council Study Session ~~inutes of October 3, :2005 Moved to Business Items C. Approval of Council Meeting Minutes of October 10, 2005 D. Award of Well #10 Bid to Holt Drilling E. Passage of Ordinance No. 021-05 Amending the 2005 Budget and Authorizing Transfer of Funds Relating to the WWTF Construction F. Passage of Ordinance No. 020-05 Council Salaries BUSINESS ITEMS Approval of Council Study Session Minutes of October 3, 2005 Council Member Powers moved and Council Member Geiger seconded a motion to correct a clerical error in the Council Study Session Minutes of October 3, 2005 and further moved to approve the minutes as corrected. Upon vote, motion carried unanimously. Presentation and Discussion of Marquee Structural Analysis Paul Prochaska, representing CTS Engineers, discussed in detail the analysis performed on the structural system of the marquee along with the recommended immediate, near and long-term repairs, maintenance and projected costs. He clarified that due to the possible need for non-standard material size of the replacement lumber he could not guarantee exact costs. Additionally, because sections of the marquee could not be easily evaluated, there is the potential for more extensive repair than initially included in his report. Minutes of October 24, 2005 Page 3 of 6 Mr. Prochaska noted that he had developed snow-load capacity figures with the assistance of the City's Building Inspector, and that the round and square poles should be able to sustain a normal snow load this winter. He stated, however, that he was unable to view the steal channels connected to the round poles, and did not know what condition they were in. Mr. Prochaska recommended that if the picket structure is removed, signs be attached to the fascia of the marquee roof with support struts to the metal decking at non- jointed sections of the deck. Council Member Clauson expressed his desire to delay any action in response to the report for thirty days because of the possibility of a group of investors buying some of the downtown buildings in the near future, as reported on in a recent newspaper article. Council Member Clauson moved and Council Member Wyatt seconded a motion to accept the CTS Structural Analysis Report, but delay any further implementation for 30 days. Council Member Diienno asked if the City could recoup expenditures on the marquee from future building owners, and about the City's liability in placing this project on hold an additional 30 days. City Attorney Combs advised he would need more information about the City's relationship with building owners regarding the marquee to evaluate whether expenditures on the marquee could be collected from the building owners, and that future developers would potentially have development agreements with the City that addressed the marquee. City Attorney Combs stated Mr. Prochaska would give Council his best guess about the condition of the marquee, and that Council would have to use the information to evaluate how quickly the issue should be addressed. Mr. Prochaska stated if there were an earthquake or strong wind that parts of the marquee would become dislodged and could be the cause of injury, and to avoid the possibility, immediate repairs should be made. Council Member Cramer expressed a concern about Council Member Clauson making the motion and the appearance of fairness because of his relationship with a prospective investor in the potential downtown project. City Attorney Combs reported he had advised Council Member Clauson in an earlier discussion that because the investor is a brother and not immediate family member, and because Council Member Clauson did not have a financial interest in the project, that participation by him in Council decisions or discussion about this issue would not be in violation of the law. Upon vote, motion carried unanimously with Council Member Clauson declining to vote. Minutes of October 24, 2005 Page 4 of 6 Aooroval of Recommendation by lodging Tax Advisory Committee for Distribution of 2005/2006 Hotel-Motel Tax Funds As member of the Lodging Tax Advisory Committee, Grant Griffin, Executive Director, Kitsap Peninsula Visitor and Convention Bureau discus sed in depth the distribution process of the Hotel/Motel tax funds. Mr. Grant advised $151, 934.00 was requested by eight organizations. Mr. Griffin further commented the City's anticipated Hotel/Motel Tax Revenue for 2006 is $86,000. Council Member Dilenno moved and Council Member Rider seconded a motion to approve the Committee's recommendation for allocation of Hotel/Motel Tax. Council Member Clauson moved and Council Member Wyatt seconded a motion to table the matter. Upon vote, motion carried with Council Members Clauson, Wyatt, Geiger, Powers, and Rider voting in the affirmative and Council Members Cramer and Diienno casting dissenting votes. Authorization for Mavor to Sign Change Order No. 11 for Joint Wastewater Treatment Facilitv Council Member Dilenno moved and Council Member Rider seconded a motion to authorize the Mayor to Sign Change Order No. 11 for a total of $130,542.99 plus local sales tax. Upon vote, motion passed unanimously. Approval of Request for Comprehensive Design Plan-Sign Permit for Dairy Queen Kathy Woodside, Code Enforcement Officer, reported Ronald 0. Baxter, President of Equity Properties, Inc. DBA Dairy Queen, submitted an application for a "Comprehensive Design Plan" Permit, for his business located at 211 Bravo Terrace. The City's Sign Code does not address the size and location of multiple signs for a drive through restaurant, and therefore a comprehensive sign plan must be reviewed and approved by the City Council. The permit will allow the use of signs to be located in the drive through area. Council Member Clauson moved and Council Member Powers seconded a motion to approve the "Comprehensive Design Plan" Permit for the Dairy Queen located at 211 Bravo Terrace. Ms. Woodside advised the signs meet Code requirements; however the height variance will be addressed at a Planning Commission meeting. Upon vote, motion carried unanimously Ad Hoc Committee Appointments with the Citv of Bremerton Mayor Abel reported the City Attorney has reviewed the legal documents related to planning issues with the City of Bremerton as requested by Council Member Wyatt, and Minutes of October 24, 2005 Page 5 of 6 requested Council identify the Council Members who will serve on the Ad Hoc Committee. Council Member Dilenno moved and Council Member Rider seconded a motion to appoint all the Council Members to the City's Ad Hoc Committee with the City of Bremerton. Council Member Clauson moved and Council Member Wyatt seconded a motion to table the appointment of the Ad Hoc Committee until after the election. Upon vote, motion carried with Council Members Clauson, Wyatt, Geiger, Powers, and Rider voting in the affirmative and Council Members Cramer and Diienno casting dissenting votes. Adoption of Resolution No. 030-05 Speed Reduction on Bay Street from SR16 to MP 2.01 Council Member Powers moved and Council Member Wyatt seconded a motion to adopted Resolution No. 030-05 modifying the speed limit on Bay Street between milepost 0.00 to 2.01 from 50 miles per hour to 45 miles per hour. Upon vote, motion carried unanimously. Discussion of City Policy and Practice -Private Development Found in a Public Right of Way Public Works Director Abed reported the Street Committee discussed this issue and recommended the Council adopt policies and practices relating to private developments found in public right-of-ways. He commented there are numerous survey discrepancies throughout the City, and in some cases buildings are encroaching on City right-of-way as much as 20 feet. City Attorney Combs advised the burden is on the applicant to identify their property, and Public Works Director Abed proposed surveys be performed by the applicant upfront to alleviate future discrepancies. Council concurred that all property owners must provide the City with a survey of their property when requesting land use actions to prevent any future discrepancies. Public Works Director Maher and the Street Committee will continue to discuss this issue. Discussion -Political Signs in Public Right of Way Council Member Diienno expressed a concern that some City Council candidates are not abiding by the City's Sign Ordinance. Councilmember Diienno specifically addressed a political sign that is on the marquee. Council Member Clauson moved and Council Member Wyatt seconded a motion to table this matter. Upon vote, motion carried with Council Members Clauson, Wyatt, Geiger, and Powers voting in the affirmative and Council Members Cramer, Rider and Diienno casting dissenting votes. Minutes of October 24, 2005 Page 6 of 6 Discussion -Economic Development Plan Implementation Council Member Diienno moved and Council Member Cramer seconded a motion to table this matter. Upon vote, motion carried unanimously. RECESS Mayor Abel called for a recess at 8:18p.m. EXECUTIVE SESSION Council reconvened at 8:23 p.m., immediately going into executive session to discuss potential litigation and a personnel matter. Council reconvened into regular session at 8:56 p.m. COUNCIL/STAFF REPORTS Public Works Director Abed reported the bid for Well 10 had been awarded to Holt Drilling. Pace Engineering is working on the Comprehensive Water Plan, and will be presented to Council in December. Council Member Clauson reported a Festival of Chimes and Light Committee meeting will be held on October 26th, and a Finance Committee on the 28th at 8:00 a.m. Council Member Powers requested new staff be introduced at a Council meeting in the future. Council Member Powers asked Mr. Abed to check into maintenance issues at the Paul Powers Community Park, including a tree branch on the walkway into the park and a broken basketball hoop rim. Council Member Cramer stated several citizens had complained about the lack of advertising about the Fall Cleanup dates. Council Member Wyatt stated a local retired undersheriff had volunteered to donate an original map of Sidney to the City; Council Member Powers will contact the gentleman about the possible donation. ADJOURNMENT At 9:09 p.m. Mayor Abel adjourned the meeting. ~~ Michelle Merlino, Deputy City Clerk Kim E. Abel, Mayor