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12/13/1999 - Regular - MinutesPort Orchard, Washington December 13, 1999 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, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger, Van Zee, and Stansbery. Councilwoman Powers excused, page 4. Staff present: Deputy Clerk Merlino, Police Sergeant McCarthy, City Treasurer Tompkins, City Engineer Curies, City Attorney Montgomery, and City Attorney Ryan, and Fire District No. 7 Contract Representative Assistant Chief Snow. Councilman Geiger led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was received at this time. Mayor Weatherill asked for Council confirmation of the appointment of the new Police Chief Alan L. Townsend. On motion by Councilman Morrison, seconded by Councilman Clauson, Council confirmed Mayor Weatherill's appointment of the City of Port Orchard's new Police Chief Alan L. Townsend. City Attorney Jim Ryan administered the Oath of Office to Police Chief Alan L. Townsend. Mayor Weatherill called for a 5 minutes recess for the audience and Council to congratulate and welcome Police Chief Alan Townsend to the City of Port Orchard. Bill Dunning, Pacific Land Design, representing Albertson's Store #419 and Courtney A. Kaylor, attorney representing Albertson's Inc., addressed Council requesting the city process an application for a developer extension agreement regarding the Albertson's store located at 390 Sedgwick Road. After much discussion, Councilman Morrison, seconded by Councilman Wyatt placed this matter back into the Water/Sewer Committee for further review and study by city staff and committee. Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition to Vacate a portion of Palmer_ Avenue right of way, as submitted by William J. Wiley, et al. LEGAL DESCRIPTION: Attachment "A". Councilman Wyatt refrained from discussion and voting due to a conflict of interest. City Engineer Curies illustrated on an overhead where the exact location of the proposed vacation of right of way is located and gave a brief staff report. Mayor Weatherill asked for audience comments on the proposed Petition to Vacate a portion of Palmer Avenue right of way, as submitted by William J. Wiley, et al. As no response was received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for their consideration. Councilman Morrison moved to approve the Petition to Vacate a portion of Palmer Avenue right of way, as submitted by William J. Wiley, et al., subject to receipt of letters from adjacent property owners releasing their rights to purchase the land, and subject to attorney's review, seconded by Councilman Stansbery. Motion passed with 5 ayes. Councilman Wyatt abstained from voting. Mayor Weatherill opened the 7:45 PM Public Hearing regarding proposed Ordinance No. 1784, which would identify critical areas and adopt additional development requirements for such areas. Rick Kimball, Environmental Coordinator for Kitsap County, discussed the history and development of Kitsap County's Critical Area Ordinance. Mayor Weatherill asked for audience comments on proposed Ordinance No. 1784, which would identify critical areas and adopt additional development requirements for such areas. As no response was received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for their consideration. December 13, 1999 Page 2 of 4 On motion by Councilman Van Zee, seconded by Councilman Clauson, Council approved Ordinance No. 1784, which identifies critical areas and adopts additional development requirements for such areas. At 8:40 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:50 PM. Mayor Weatherill opened the 7:50 PM Public Hearing regarding proposed Ordinance No. 1785, which would establish a View Protection Overlay District and Scenic Resource Protection Regulations. Don Morrison, representing Local Governmental Institute discussed the many study sessions the proposed view ordinance went through to reach this public hearing. Mr. Morrison also discussed the rules, regulations and enforcement of the proposed ordinance. Mayor Weatherill asked for audience comments on proposed Ordinance No. 1785, which would establish a View Protection Overlay District and Scenic Resource Protection Regulations. As no response was received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for their consideration. On motion by Councilman Geiger, seconded by Councilman Van Zee, Council approved Ordinance No. 1785, which establishes a View Protection Overlay District and Scenic Resource Protection Regulations. On motion by Councilman Stansbery, seconded by Councilman Van Zee, Council approved Ordinance No. 1786 establishing a nonsuspendable fine for certain criminal acts, subject to review by City Attorney and include RCW reference which grants the city the authority to impose nonsuspendable fines and penalties. On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved Ordinance No. 1787 relating to contracting indebtedness; providing for the issuance of a $3,300,000 par value Limited Tax General Obligation Bond of the city for general city purposes to provide funds with which to pay to redeem the city's note not to exceed $3,300,000 Limited Tax General Obligation Anticipation Note, 1998 (line of credit); fixing the date, form, maturity, interest rate, terms and covenants of the bond; establishing a bond redemption fund; and approving the sale and providing for the delivery of the bond to the United Sates of America, acting through the United States Department of Agriculture. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council moved to withdraw from further consideration proposed Ordinance No. 1788 establishing road impact fees/transportation impact fees. On Motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the City Engineer to notify Kitsap County, that the properties along SW Bay Street could join in the city's sewer system, as based upon N.L. Olson's study and include these properties into the Gorst ULID project. On motion by Councilman Clauson, seconded by Councilman Morrison, Council removed from table, Tabled Motion to approve Ordinance No. 1770 amending Ordinance No. 1086, Section 3 relating to the City of Port Orchard Gambling Ordinance to adjust regulations and tax rates on various gambling activities to reflect rates and regulations as set forth by state law. (Original motion to approve by Councilman Morrison, seconded by Councilman Geiger, 9/13/99). Councilman Morrison moved to withdraw original motion as presented at the September 13, 1999 Council meeting, approving Ordinance No. 1770 amending Ordinance No. 1086, Section 3 relating to the City of Port Orchard Gambling Ordinance to adjust regulations and tax rates on various gambling activities to reflect rates and regulations as set forth by state law, seconded by Councilman Geiger and carried. Councilman Geiger moved to amend Ordinance No. 1086, relating to the City of Port Orchard Gambling Ordinance to comply with state mandate decreases specifically relating to decrease in bingo and raffle taxation, seconded by Councilman Wyatt. Motion failed with 4 nays and 2 ayes. Councilmembers Stansbery, Van Zee, Morrison, and Clauson voting nay. December 13, 1999 Page 3 of 4 Councilman Clauson moved to amend Ordinance No. 1086 to comply with state mandated decreases and further increase punchboard and pulltab taxation from three (3) percent to (4) percent and increase card game taxation from ten (10) percent to twenty (20) percent, seconded by Councilman Stansbery. Councilman Morrison amended motion to reduce the card game taxation from twenty (20) percent to (15) percent, seconded by Councilman Clauson and carried. Original motion as amended, was approved adopting Ordinance No. 1770, which amends Ordinance No. 1086, to comply with state mandated decreases specifically decreasing bingo and raffle taxation and further increase punchboard and pulltab taxation from three (3) percent to (4) percent and increase card game taxation from ten (10) percent to fifteen (15) percent. Motion passed with 4 ayes and 2 nays. Councilmembers Geiger and Wyatt voting nay. At 9:50 PM Mayor Weatherill called for a 10 minute recess, with meeting recovening at 10:00 PM. On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved reconsideration of adoption of Ordinance No. 1770 relating to regulations and tax rates on various gambling activities. Gary Chrey, attorney representing Tom and Pat Myers and Myers Recreational Operations, Inc., DBA Hi - Joy Bowl, stated any increase in taxation could be detrimental to any business in Port Orchard. Mr. Chrey asked the Council to maintain the current level of taxation._ Warren McMannamy, Hi -Tide Tavern business owner, also voiced a concern with the proposed increased gambling tax and the hardship to his business. Steve Wilson, End Zone Tavern business owner, stated his establishment, like many in Port Orchard, do not make any profit on food sales, and reiterated the same concerns with the proposed increased gambling tax. Linda Wyatt, 983 Olney Avenue, expressed a concern with the city over taxing small businesses and running small businesses out of the city. Mrs. Wyatt stated the city needs to encourage businesses into the city. Council voted on original motion as amended to approve Ordinance No. 1770 to comply with state mandated decreases and also increase punchboard and pull tab taxation from three (3) percent to four (4) percent and increase card game taxation from ten (10) percent to fifteen (15) percent. Motion passed with 4 ayes and 2 nayes. Councilmembers Geiger and Wyatt voting nay. On motion by Councilman Clauson, seconded by Councilman Geiger, Council approved the consent agenda items as follows and removed item "d" proposed Ordinance No. 1783 for further discussion: a. Minutes of the following Council meetings (1) November 22, 1999, regular Council meeting. (2) December 1, 1999 Budget Study Session (3) December 6, 1999 Public Hearing regarding 2000 budget b. Approval of Claim Warrants Number 31923-32028 in the amount of $308,841.89 and November 1999 Payroll Warrants Number 132811-132964 in the amount of $216,781.01. C. Ordinance No. 1782 amending the salary schedules for employees of the City of Port Orchard for the year 1999. (To reflect wage adjustments implemented during the year 1999.) Council discussed consent agenda item (d) proposed Ordinance No. 1783 adopting the budget for the year 2000. December 13, 1999 Page 4 of 4 On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved Ordinance No. 1783 adopting the budget for the year 2000 to reflect appropriations as designated at the budget hearing held December 6, 1999. Motion passed with 4 ayes and 2 nays. Councilmembers Geiger and Wyatt voting nay. At 11:15 PM Mayor Weatherill called for a 10 minutes recess with meeting reconvening at 11:20 PM. On motion by Councilman Van Zee, seconded by Councilman Stansbery, Council excused Councilwoman Powers from this Council meeting. At 11:35 PM Mayor Weatherill adjourned Council into Executive Session for 15 minutes to discuss a personnel matter. At 11:50 PM Mayor Weatherill reconvened Council into regular session. On motion by Councilman Van Zee, seconded by Councilman Wyatt, Council authorized the City Treasurer to pay for Martin Mittet's (Municipal Court Judge), accrued vacation leave (in the approximate amount of $8,793.) plus applicable payroll taxes. On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized appointment of Richard Jones to the position of City of Port Orchard's Interim Municipal Court Judge for a period of 30 days or less. At 11:55 PM Mayor Weatherill adjourned Council meeting. Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR December 13, 1999 EXHIBIT "A" LEGAL DESCRIPTION OF PORTION TO BE VACATED: A PORTION OF PALMER AVENUE, PER PLAT OF NAVY YARD ADDITION TO SIDNEY, WASHINGTON, FOUND IN VOLUME 1 OF PLATS, PAGE 87, RECORDS OF KITSAP COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PLAT; THENCE ALONG THE WEST LINE OF SAID PLAT SOUTH 02008'24" WEST 30.00 FEET TO THE SOUTHERLY MARGIN OF ORLANDO STREET, PER SAID PLAT, AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE SOUTH 02008'24" WEST 840.00 FEET; THENCE SOUTH • 87051'36" EAST 30.00 FEET TO THE SOUTHWEST CORNER OF LOT 23 OF BLOCK 6 OF SAID PLAT; THENCE NORTH 02°08'24" EAST 840.00 FEET TO THE NORTHWEST CORNER OF LOT 32 OF BLOCK 5 OF SAID PLAT; THENCE NORTH 87°51'36" WEST 30.00 FEET TO THE POINT OF BEGINNING.