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10/22/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of October 22, 2007 Council Members: Mayor Pro-Tem Wyatt, Chang, Clauson, Diienno, Geiger, Powers, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, City Treasurer Tompkins, Deputy Clerk Kirkpatrick, and Assistant City Attorney Jacoby. 7:00P.M. CALL TO ORDER Pat Vasicek led the audience and Council in the Pledge of Allegiance. PRESENTATION Exchange Students from ASPECT Foundation Exchange students from Nigeria, Ukraine, Morocco, Pakistan, and Jordan stated they were enjoying their time in America and thanked the Council and community for their support of the program. Parking Feasibility Study Pat Vasicek, Art Anderson Associates, explained they conducted a comprehensive study of traffic and parking issues within the newly created Downtown Overlay District (DOD). Their key findings are as follows: • Approximately 794 parking spaces will be required to accommodate potential minimum build-out development should the waterfront parking be removed • Approximately 1,172 parking spaces will be required to accommodate potential full build-out development should waterfront parking be removed • The above requirements would be reduced by approximately 300 parking spaces should waterfront parking not be removed • No changes in existing traffic/road configurations are necessary to ensure proper access and circulation to/within the DOD Core Zone • Improvements to roads outside the DOD are required to reduce traffic volume on Bay Street to allow it to become more pedestrian-friendly • Input from public forums and personal interviews did not provide a clear preference for parking structure locations, but the following ideas were consistently mentioned: o Waterfront parking should be reduced, concentrated or eliminated and be replaced with green space and park amenities Minutes of October 22, 2007 Page 2 of 7 o Business owners emphasized the need for higher-density development along Bay Street to make development projects viable o Traffic flow on Bay Street should be reduced to facilitate a more pedestrian-friendly downtown Mr. Vasicek concluded that: o the City should select two or three priority sites to conduct a study for a parking structure, o retail/residential/business development within the DOD be accomplished in conjunction with and adjacent to new parking structures, and o the City reduce, concentrate, or eliminate existing waterfront parking and replace it with green space and park amenities in conjunction with the construction of the selected parking structure(s) and related development. APPROVAL OF AGENDA The following was added to Business Items: • Discussion Item: Walking Path PUBLIC HEARING Treasurer Tompkins reviewed the statutory property tax levy rates and how the rates have decreased with the one percent levy limit. The City's 2008 levy rate is approximately $1.9541. The City is requesting the one percent increase plus new construction and annexations for an overall total increase of 6.1888% for 2008 property tax collections. In the last six years there has been a 99.6% increase in the City's assessed valuation. City Treasurer Tompkins provided an overview of current expense and street budgets, noting projected 2008 property tax revenues are at 27.90% of the total taxes and sales tax at 51.03%. Sales tax collection through September 2007 has increased by approximately $116,000 over the same time period in 2006. 78.79% of the City's budgeted revenues in 2007 were generated by taxes and in 2008 are projected at 76.89%. Other revenue sources included licenses and permits, state-shared revenues such as grants and boat registration fees; charges for services such as land-use, plan review, court probation and law enforcement services; fines and forfeits and miscellaneous fees such as interest and earnings and parking fees. Treasurer Tompkins commented this information would be available on the City's web page and the Finance Committee has scheduled meetings in October and 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. Minutes of October 22, 2007 Page 3 of 7 At 7:34 p.m. Mayor Abel opened the Public Hearing and closed the Public Hearing at 7:34 p.m. due to no public comments. AUDIENCE COMMENTS Mary Johnson was happy Council Member Geiger was able to attend the meeting since he had been referred to as "former Council Member" recently. CONSENT AGENDA Council Member Wyatt moved and Council Member Clauson seconded the motion approving the Consent Agenda. Upon vote, motion passed unanimously. A. Minutes of October 8, 2007 City Council Meeting B. Approval of Claim Warrants #48563 through 48637 totaling $192,920.57. C. Adoption of Resolution No. 023-07 Approving Corner Deli II -Conditional Use Permit (CUP 026-07) D. Authorization for the Mayor to Sign Professional Services Agreement for Janitorial Contract with ABM Janitorial Services E. Authorization for the Mayor to Sign Lease Agreement with Caseco Associates, Inc. F. Approval of Festival of Chimes and Lights Public Event Application G. Adoption of Ordinance No. 036-07, Amending Chapter 9.16 by Repealing Section 9.16.030 "Fighting" and Adopting a new Section 9.24.080 "Fighting in Public" EXECUTIVE SESSION: At 7:38 p.m. Mayor Abel adjourned into a 10-minute executive session regarding potential litigation and at 7:48 p.m. extended the executive session for an additional 10- minutes. BUSINESS ITEMS: Minutes of the October 2. 2007. Development Regulations Minutes Council Member Chang moved and Council Member Wyatt seconded the motion to approve the October 2, 2007, Development Regulations Minutes as presented. Upon vote, motion passed with six affirmative votes and one abstention. Council Member Putaansuu cast the abstaining vote. Continued -Authorization for the Mayor to Sign the KRCC Interlocal Agreement Mayor Abel presented the staff report, noting that for the past four months the Kitsap Regional Coordinating Council (KRCC) has been reviewing the existing Interlocal Agreement (ILA) that formed the KRCC. At the October 8, 2007 meeting, a request was made to compare the current KRCC ILA with the new proposed ILA. The new document Minutes of October 22, 2007 Page 4 of 7 incorporated what had been previously listed in the current ILA and Bylaws as well as actions required by the CPP's or delegated to the KRCC from Kitsap County. Additionally, the new document allows KRCC to operate as a separate legal entity, which provides protection for the members of KRCC, but comes with added work to purchase insurance, meet certain specified state requirements for how to keep books and contracts, how to file claims, etc. Council Member Dilenno moved and Council Member Chang seconded the motion to authorize the Mayor to sign the Kitsap Regional Coordinating Council's Interlocal Agreement. Council Members discussed the City's involvement with the KRCC's work plan and annual budget prior to its adoption by the KRCC Executive Board. Council Member Clauson amended the motion and Council Member Dilenno seconded the amendment to recommend that KRCC will hold an annual work plan and budget meeting with all Cities prior to adopting its budget. Upon vote, the motion to amend passed unanimously. Upon vote, the original motion as amended passed unanimously. Authorization for the Mayor to Sign Contract for the Decommissioning of Well No.5 Public Works Director Abed presented the staff report, noting that the City of Port Orchard is required by the Department of Ecology to decommission Well No. 5 as part of the mitigation for Well #10. The productivity of the well has deteriorated over time and its yield is no more than 5 gallons per minutes. The City has authorized a contract with Noble and Robinson to prepare the decommissioning plan, which will require perforation of the existing 10-inch casing and then the well will be sealed with neat cement placed from bottom to top. The plans and specification were prepared and put out for public bidding last month. The City received one bid from Hokkaido Drilling, Inc. in the amount of $25,656.75 and the City Engineer's estimate was $25,000. The item was reviewed and approved by the Utility Committee. Council Member Putaansuu moved and Council Member Geiger seconded the motion to authorize the Mayor to sign a contract with Hokkaido Drilling, Inc for the Decommissioning of Well No. 5 in a total amount not to exceed $25,656.75, with funds coming from the Water Sewer Cumulative Reserve Fund #403. Upon vote, the motion passed unanimously. Minutes of October 22, 2007 Page 5 of 7 Authorization for the Mayor to Sign Contract with WSDOT for Future Maintenance of Lowe's Traffic Signal Public Works Director Abed presented the staff report, noting that as part of the site development associated with the Lowe's store, the developer shall install a new traffic signal at its entrance that will be interconnected with other Washington State Department of Transportation (WSDOT) signals in the area. WSDOT staff agreed to provide future operations and maintenance to the City for the new signal. The Street Committee reviewed this request at its October 4, 2007 meeting and recommended approval of the contract. Council Member Wyatt moved and Council Member Powers seconded the motion to authorize the Mayor to sign the traffic signal maintenance and operations contract with WSDOT for an annual amount not to exceed $1,078.88. Upon vote/ the motion passed with six affirmative votes and one abstention. Council Member Chang cast the abstaining vote as he is an employee of WSDOT. Adoption of Resolution No. 024-07 Approving the Closure of Citv Hall on Monday, December 24, 2007 Mayor Abel presented the staff report, noting that Christmas Day falls on a Tuesday. Assistant City Attorney Jacoby advised that by ordinance the council could not reschedule meeting dates; however, they could cancel a meeting. He recommended the Council reconsider its October 8, 2007, motion which rescheduled the December 24th meeting to December 19th and then fail to adopt Resolution No. 022-07. Council Member Wyatt moved and Council Member Dilenno seconded the motion to reconsider the Adoption of Resolution No. 022-07, authorizing the rescheduling of the last City Council meeting in 2007 to December 19, 2007. Upon vote/ the motion to reconsider passed unanimously. Council Member Geiger moved and Council Member Powers seconded the motion to Adopt Resolution No. 022-07 authorizing the rescheduling of the last City Council meeting in 2007 to December 19, 2007. Upon vote/ the motion failed unanimously. Council Member Clauson moved and Council Member Wyatt seconded the motion to adopt Resolution No. 024-07 declaring Monday, December 24, 2007 as a City Hall closure and allow staff to either work that day, take leave without pay, or use accrued leave. Upon vote/ the motion passed unanimously. Minutes of October 22, 2007 Page 6 of 7 Council Member Diienno moved and Council Member Putaansuu seconded the motion to cancel the December 24, 2007, City Council meeting. Upon vote, the motion passed unanimously. Discussion Item: Undergrounding Utilities Public Works Director Abed presented the staff report, noting that last year the City had undertaken the effort to underground the franchise utilities within downtown and along Bay Street, however the original plan became too large in scope and cost. The City decided to downscale it to a more manageable size and to allocate some of the cost to future developments in the area. The Utilities Committee worked with Puget Sound Energy (PSE) to revise their plan to comply with the City's direction, which would result in undergrounding electrical power and possibly cable along Bank Street, Frederick and Sidney to include undergrounding the power supply to the Library and the Minor Building. PSE staff needs a 60 day notice to proceed to finalize the design and bid packet. Council Member Clauson moved and Council Member Wyatt seconded the motion to authorize the City Engineer to approve the revised Puget Sound Energy Downtown Undergrounding plans and to proceed with completing the design drawings and the engineer's estimate. Upon vote, the motion passed unanimously. Policy on Salarv Compensation Levels Council Members discussed where they wanted the City's base salary scale to be in relation to other similar comparable communities. Council Members concurred that the City's base salary scale would be the average of each position in relation to other comparable cities, which would help to retain and recruit valuable employees. The goal is to bring each position up to the industry average as budget funds would allow, starting with those positions that would be identified as below the industry average. Discussion Item: Walking Path Council Member Powers explained that the City should consider entering into negotiations on a parcel of beach property that could be used to extend the walking path behind Westbay Center. The Public Property Committee met with the current owner who expressed an interest in allowing an easement over the property. Assistant City Attorney Jacoby clarified that street vacation funds can be used towards building and maintaining park facilities. The Council directed the City Attorney work with the Public Property Committee to develop an agreement regarding the property. Discussion Item: Purchase of the Visitor and Convention Bureau Building Minutes of October 22, 2007 Page 7 of 7 Mayor Abel presented the staff report, noting this item was continued from the October 8, 2007 meeting. The Finance Committee reviewed the request to operate the Visitor Information Center currently located in the Day's Inn parking lot and recommended further discussion by the Council. The Council directed staff to write a letter to the Kitsap Peninsula Visitor and Convention Bureau explaining that the City was not interested in purchasing the building at this time. COUNCIL/MAYOR & STAFF REPORT Council Member Geiger moved and Council Member Clauson seconded the motion to excuse Council Member Powers from the November 26, 2007 Council Meeting. Upon vote, the motion passed unanimously. Council Member Powers advised the Public Property Committee would meet on November 5, 2007, at 7:30 a.m. at Myhre's. Council Member Putaansuu advised that the Utilities Committee would meet on November 14, 2007, at 8:00a.m. at Myhre's. Council Member Diienno advised the Street Committee would meet on November 15, 2007 at 7:30a.m. at City Hall. ADJOURNMENT At 9:44p.m. Mayor Abel adjourned the meeting. / Ill <.·.···;L/:t··.· ·~. ,~ / ~-H-----'· ' I ~· / /); // ;t> · dL uuc:V ·.' ; v"..c ''f:/< U// j Patricia J. K(rkpatrick, Deputy City Clerk KimEOAbel, Mayor