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12/28/1998 - Regular - MinutesPort Orchard, Washington December 28, 1998 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, Geiger, Van Zee, Powers, and Stansbery. Councilman Wyatt absent, excused page, 2 paragraph 7. Staff present: Police Chief Mathews, City Planner Gross, City Engineer Curles, Deputy Clerk Merlino, City Clerk Parks, City Attorney Ryan, and Fire District No. 7 Contract Representative Assistant Chief Snow. Councilman Clauson 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 7:40 PM Mayor Weatherill adjourned Council into Executive Session to discuss a pending sale of city property for 5 minutes and extended the Executive Session for an additional 10 minutes. At 7:55 PM Mayor Weatherill reconvened meeting into regular session. On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council authorized Mayor Weatherill to sign Addendum No. 1 of the Real Estate Purchase and Sales Agreement between the City of Port Orchard and Harold and Shirley Vlist for property located at 514 Bay Street. Councilman Clauson reported on the Port Orchard Lodging Tax Advisory Board meeting held on November 10, 1998. The Board met to discuss the proposal for the City to impose an additional 2% Hotel/Motel Lodging Tax as required by RCW 67.28. Representatives of the three local hotel/motels were in attendance and were supportive of recommending approval of the additional tax. On November 18 the Advisory Board submitted a written report of their meeting which included the recommendation that the City Council impose the additional 2% Hotel/Motel Lodging Tax. The Board also reviewed revision of their recommended proposed Preferred Allocation List, which would be required if the City does impose the additional 2% tax. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted Ordinance No. 1754 authorizing the City of Port Orchard to impose an additional 2% Hotel/Motel Lodging Tax as provided by RCW 67.28. On motion by Councilman Van Zee, seconded by Councilman Clauson, Council accepted and adopted the revised Preferred Allocation List as recommended by the Hotel/Motel Lodging Tax Advisory Board. This Preferred Allocation List sets allocations for the 1999 Hotel/Motel tax revenues. Disbursal of Hotel/Motel funds to each organization is contingent upon actual revenue receipts. ❑ Sidney Museum & Arts Assn. $2,550 to fund advertising focused to attract tourist interested in art and history. ❑ Sidney Museum & Arts Assn. $290 to establish web sites for the Gallery and museum which can be linked to the Chamber and/or VCB web pages. ❑ Givens Center — Concerts by the Bay $5,200 to fund promotion of the Concerts by the Bay. ❑ Port Orchard Chamber of Commerce $9,322 to fund continuing advertising, brochure reprint, and an add in Sunset Magazine Pacific Northwest edition. December 28, 1998 Page 2 of 3 ❑ Kitsap Peninsula Visitor and Convention Bureau (KPVCB) $18,000 for developing a Marketing Plan to attract visitors to the region. (This allocation is based upon 45% of anticipated lodging tax revenues. The 45% funding level was recommended by the Advisory Board for a period of three years. Board further recommended Council consideration of this allocation to include continuation of this funding level during the next three years be contingent upon the KPVCB submitting regular reports on the status of development and implementation of the marketing plan. Representatives of KPVCB present at the Advisory Board meeting agreed to submit quarterly reports on the status of their marketing plan and also recognized that funding may be adjusted at any time in the best interest of the City.) ❑ Fathoms 0' Fun $4,638 to fund advertising of the Fathom's 0' Fun event and various fund raising events during the year. On motion by Councilman Geiger, seconded by Councilman Clauson, Council adopted Resolution No. 1845 establishing a policy allowing city employees to share vacation leave in carefully defined circumstances with employees who, in the absence of a leave sharing program, would be forced to take leave without pay or to terminate employment. On motion by Councilman Morrison, seconded by Councilman Clauson, Council approved Ordinance No. 1748 repealing Ordinance Nos. 1469, 1508, 1509, 1514, 1516, 1574, 1575, 1621, 1649, 1667 and reestablishing City Zoning regulations by adopting an omnibus zoning ordinance including a zoning map and providing for adoption of planning and development procedures by Council Resolution. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council approved Resolution No. 1844 adopting an omnibus resolution providing project review procedures for land use development applications. On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Resolution No. 1846 requesting that the Washington State Department of Transportation, Marine Division, conduct a demonstration of passenger only ferry service between Southworth and Pier 52, Colman Dock, Seattle. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council excused Councilman Wyatt from this Council meeting. Jim James, representing Aidan Place and Rockport Subdivisions, restated his request, (which was presented at the 12/14/98 Council Meeting) to delay the construction of the driveway approaches. On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council denied request as submitted by Jim James and further instructed Mr. James to satisfy all the "Conditions of Approval" for Aidan Place and Rockport Subdivision as mandated by Council Ordinance. Motion passed with 4 ayes and 2 nays, Councilmen Geiger and Van Zee voting nay. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council approved the following Consent Agenda items as follows: Minutes of the December 14, 1998 regular Council meeting. Claim Warrants number 29970-30025 in the amount of $360,895.03. C. Ordinance No. 1749 repealing Ordinance No. 1743 and reestablishing the duties of the Code Enforcement Officer (POMC 2.64) December 28, 1998 Page &of 3 Ordinance No. 1751 amending the budget for the year 1998, ordering appropriation of funds and authorizing a budgetary transfer. e. Council concurrence of Mayor's re -appointment of the following appointed positions: 1. Neal Perrine Planning Commission — term to expire on 12/31/04 2. David Southard Civil Service Commission — term to expire on 12/31/04 On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the Mayor to send a letter to the Kitsap County Commissioners in support of the development of the Hotel Conference Center at McCormick Woods. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to proceed with the preparation and negotiations of the Sales Agreement for property located at 1200 Lloyd Parkway. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the Mayor to sign City Hall Construction Project Change Order No. 4 in the amount of $19,532.59 and further authorized a contract extension of 3 days. On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the City Engineer to proceed with the purchase of property, from the Veterans Home, located adjacent to the Sewer Treatment Plant, subject to the Sewer Advisory Committee's concurrence. On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council elected Councilman Don Morrison as the Mayor Protem for the year 1999. The Mayor Protem presides in the absence of the Mayor. At 9:00 PM Mayor Weatherill adjourned meeting into Executive Session to discuss a pending litigation for 5 minutes and extended it an additional 20 minutes. At 9:25 PM Mayor Weatherill reconvened Council into regular session and adjourned meeting. Michelle Merlino, Deputy Clerk LESLIE J. WEATHERILL, MAYOR