10/25/2004 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of October 25, 2004
PRESENT:
KIM E. ABEL, MAYOR
COUNCIL MEMBERS:
John Clauson
Todd Cramer
Robert Geiger
Rita Diienno
Carolyn Powers
Ron Rider -Excused
Rick Wyatt, Mayor Protem
ALSO PRESENT: Treasurer Kristine Tompkins, Police Chief Townsend, City Clerk
Etgen, Interim Public Works Director Lobdell, Planning Director Joanne Long-Woods,
and Assistant City Attorney Jacoby.
6:30 P.M. CALL TO ORDER
Warren VanZee led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
Council Member Diienno requested Item 6D, "Recommendation by Lodging Tax
Advisory Committee for Distribution of 2004/2005 Hotel-Motel Tax Funds" be removed
from the agenda; the recommendations are not ready for Council to consider.
Mayor Abel requested the addition of a presentation by the Public Facilities District.
PRESENTATIONS
Kitsap Public Facilities District
Warren Van Zee, Public Facilities District (PFD) Board Member, and Ann Blair, PFD
Executive Director, reported on the Bremerton Conference Center and Kitsap County
Fairgrounds projects, along with discussing another regional project for North Kitsap
County underway. Ms. Blair also encouraged input from the Council and the
community on prioritizing the PFD's activities. She will provide dates, times and places
when public input is requested.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Patrick Lucas, citizen, asked several questions of Council regarding zoning and public
safety issues. The Mayor stated she would respond to the questions in writing.
Minutes of October 25, 2004
Page 2 of7
PUBLIC HEARINGS
Public Hearing re: Anticipated 2005 City Budget Revenue Sources
City Treasurer Kris Tompkins began by discussing the limits that the City could impose
on its property tax levy in 2005. She reported the current Implicit Price Deflator is 2.39
percent, higher than the one percent limit imposed by Initiative 747. The Street Fund
and Current Expense both share revenues from property tax.
The allowable property tax levy. rate is $3.60. The Fire District Levy receives $1.40,
leaving the City levy rate at $2.20. If the Fire District lid lift is successful, their share
would go to $1.50, leaving the City's share at $2.10. The Library levy rate of .42 also
comes out of the City's levy rate. 2005 brought an increase of $33,256 in taxes levied
and an increase of $113,436,113 in assessed value. Payable taxes reflect a one
percent increase for a total of $9,555 plus new construction tallied to date. Historically,
property taxes show an annual one percent increase with a drop in 2003 reflective of
the annexation to the Fire District.
The cash carryover is decreased by $47,000 for Current Expense and the Street Fund.
78 percent of the City's revenues in 2004 were generated by taxes, with an expected
increase to 80 percent for 2005. Other revenue sources are licenses and permits;
State-shared revenues such as grants and boat registration fees; services such as land-
use plan review, court probation and law enforcement services; and interest earnings
and parking fees.
Projected 2005 property tax revenues are at 22.4 percent, and sales tax is 53.24
percent. Projections for electricity increased by $15,000, telephone by $25,000, and
Leasehold Excise Taxes by $5,000.
Sales tax collection through September of 2004 has increased by $190,000 over the
same time period for 2003, with $2,350,000 projected for 2005. There has been an
overall increase of 4.34 percent in revenues without cash carryover.
Treasurer Tompkins stated the Finance Committee will schedule meetings in November
to review the proposed budget and a draft of the property tax ordinance will come
before 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.
Public Hearing -Street Vacation in the Vicinity of S.W. Wilkins Drive.
Interim Public Works Director Alan Lobdell reported a petition had been received on
July 8, 2004 requesting a vacation of Southwest Wilkins Drive from Southeast Wilkins
Road to Caseco Lane. The Street Committee and staff reviewed the petition,
Minutes of October 25, 2004
Page 3 of 7
recommending the street vacation be granted with certain conditions, including:
granting of a right-of-way to extend Caseco Lane to Bay Street at a 90 degree angle;
maintenance by the petitioner of the road through construction; repair by the petitioner
of any damaged roadway to City standards with obstructions removed for Caseco Lane
to meet Bay Street in the best possible manner.
The Mayor opened the Public Hearing.
Mel Holgerson, Engineer for the petitioner, explained that the assessed value of the
property to be vacated was derived from taking the appraiser's comparative $8 square
foot value and deducting $2 per square foot as a reduction in the value of the Wilkins
Lane property because of existing utilities in the property that limit the property's use.
The value of the land granted to the City was taken into consideration when
establishing the assessed value
Mr. Holgerson reported the cleanup on the Wilkins property was proceeding nicely
through a firm from the Port Townsend area. 75 percent of the cleanup work has been
completed.
Mr. Holgerson added that the petitioner was also granting property to people on Caseco
Lane to ensure the right-of-way lines up.
Michael Saltvick, Caseco Lane resident, reported that he was concerned about Wilkins
Drive providing the only ingress and egress for his property, and asked that Council
address the double yellow striping of Bay Street with the State in order to turn left onto
the new street. He stated as long as this issue was addressed, he had no concerns
about the street vacation request. Chief Townsend stated he would like to review the
current situation before Council approves the request.
Craig Baldwin, SW Wilkins Drive resident, stated he has worked out parking problems
with the petitioner and Mr. Holgerson, and requested that the re-striping of his parking
lot be .part of the conditions of the approval of the street vacation. He turned in the
letter and drawings to the Clerk for the record.
Patrick Lucas stated he was impressed with the cleanup efforts by the petitioner of the
Wilkins property.
The Mayor closed the Public Hearing to further public testimony.
In response to a question by Council Member Dilenno, Assistant City Attorney Jacoby
reported that Council would address the conditions and granting of right-of-way by the
petitioner in a separate document.
Council Member Clauson moved and Council Member Wyatt seconded a
motion to direct staff to prepare an ordinance granting the street vacation in
Minutes of October 25, 2004
Page 4 of 7
the vicinity of SW Wilkins Drive taking into account all the right-of-way
issues and special conditions.
Council Member Powers moved and Council Member Diienno seconded a
motion to amend the main motion to specify that at least 50 percent or as
much of the monies received as allowed by State Statute from the street
vacation be put into an account for the Designated Unreserved Fund Balance
for Parks. Motion carried.
Upon vote, the amended motion to direct staff to prepare an ordinance
granting the street vacation in the vicinity of SW Wilkins Drive taking into
account all the right-of-way issues and special conditions, and that at least
50 percent or as much of the monies received as allowed by State Statute
from the street vacation be put into an account for the Designated
Unreserved Fund Balance for Parks, carried.
CONSENT AGENDA
Council Member Dilenno moved and Council Member Wyatt seconded a motion
approving the Consent Agenda. Motion carried.
A. Minutes of the October 11, 2004 City Council Meeting
B. Approval of Claim Warrants Nos. 42131-42207 in the amount of $204,305.78
C. Passage of Resolution No. 2093 Adopting the Final Plat of Flower Meadows North
(Continued from October 11, 2004)
D. Passage of Resolution No. 2094 Accepting the Construction of the Old Clifton
Road Paving Project
E. Passage of Resolution No. 2095 Amending Resolution No. 2086 Regarding Non-
Union Represented Employees Classified as Non-Exempt Relating to Waiving City
Medical Coverage
F. Passage of Resolution No. 2096 Amending Resolution No. 2085 Regarding Non-
Union Represented Employees Classified as Executive Relating to Waiving City
Medical Coverage
BUSINESS ITEMS
Authorization for the Mayor to Sign Temporary Officer Employment
Agreement
Police Chief Townsend requested Council approve a temporary employment agreement
with Marvin McKinney. Mr. McKinney replaces Officer Glantz while he is on assignment
with the State Patrol.
Council Member Cramer moved and Council Member Diienno seconded a
motion to authorize the Mayor to sign an employment agreement with
Marvin McKinney. Motion carried.
Minutes of October 25, 2004
Page 5 of 7
Approval of Appointment of Special Counsel for Civil Service Commission
Council Member Clauson moved and Council Member Wyatt seconded a
motion to authorize the payment of expenditures for the Civil Service
Commission's use of a special attorney for the current matter before them,
and directed staff to look into other options for use of special counsel for the
Civil Service Commission. Motion carried.
Accept Quit Claim Deeds for Bay Street Force Mains
Interim Public Works Director Lobdell reported he had located records indicating that
the two-inch private sewer line on Bay Street had previously been accepted by the City
and met all City standards. He recommended the City take over the sewer line that will
serve up to 23 homes in the area.
Council Member Powers moved and Council Member Dilenno seconded a
motion to accept the quit claim deed titled "Quit Claim Deed For Sanitary
Sewer Pressure Line," after review by the City Attorney, transferring
ownership to the City of Port Orchard, of the described 2 inch and 1-1/2 inch
sewer force mains shown in WSDOT Franchise Agreement Number 30066
with Amendment Number 1. Motion carried.
Discussion of KRCC Action Items
The Mayor reviewed several items scheduled for consideration by the Kitsap Regional
Coordinating Committee with Council. Council Member Dilenno requested historical
information on the 2060 and the CDBG fund recipients in the future, and asked about a
12-month severance agreement in the contract with the KRCC.
Interim Public Works Director Alan Lobdell reported that the Transportation Committee
had voted to make the Tremont widening their top project in recommendations to the
Puget Sound Regional Committee.
Discussion of Process Between the Mayor, Staff and Council
Council and the Mayor discussed correspondence protocol, with Assistant City Attorney
Jacoby advising that if Council Members received correspondence in their capacity as a
Council Member or sent out correspondence as a Council Member that the City should
have copies of the correspondence to comply with the public disclosure laws.
Council and the Mayor discussed proclamation protocol; the Mayor will use her
discretion in issuing proclamations and bring requests for proclamations to Council as
the agenda allows.
Minutes of October 25, 2004
Page 6 of7
COUNCIL/MAYOR & STAFF REPORT
The following committee meetings were set during the Council meeting:
Finance, Insurance & Negotiations:
November 3, 2004-6:30 p.m. -Council Conference Room
November 4, 2004 -7:00 a.m. to 8:30 a.m. -Council Conference Room
November 5, 2004 -7:30 a.m. to 9:30 a.m. -Council Conference Room
November 10, 2004-6:30p.m.-Council Conference Room
November 18, 2004 -7:30 a.m.-Council Conference Room
Sewer Advisory Committee -None established
Streets, Alleys & Storm Water Committee -None established
Economic Development Committee -November 1, 2004, 7:00 p.m. -Council
Chamber (with Planning Commission and EDAW)
Public Property Committee -None established
Growth Management Committee -None established
Interim Public Works Director Lobdell reported:
>-The Tremont/Sidney signal system is under construction with a brief delay for
obtaining critical parts. The project should take approximately three days to
complete once it is underway.
>-The Bay Street pedestrian walk is on hold waiting for the State to help purchase
the right-of-way. He reported the project would not be accepted until all cultural
and environmental reports are place, in approximately two to three months.
J;> A problem with crossed wires had been located in the Bay/Frederick Street
crosswalk signal. The problem has been fixed. The standing water in the
crosswalk is a problem the City crews will have to handle. The matter will come
back to Council at their next regular meeting.
Planning Director Long-Woods reported that the City had complied with a Growth
Management Act deadline by submitting a draft list of comprehensive plan updates.
Ms. Long-Woods stated she is working with the City Attorney's Office and a
representative from the State's Growth Management Office to identify delivery dates for
future updates in 2005.
Ms. Long-Woods said the Office of Trade and Economic Development had advised her
that the City should finalize any amendments the Council has previously considered and
come up with a work plan for 2005. A date of July 1, 2005 has been suggested as a
submittal date. Ms. Long-Woods stated she will work with the Growth Management
Committee to develop the work plan, and will provide a list of what she forwarded to
the State to Council.
Minutes of October 25, 2004
Page 7 of 7
Council Member Clauson reported on the entrance conference with the State Auditor
this morning.
Council Member Diienno requested two items for discussion at the next Council
meeting; one to address the idea of creating an impartial list of assessors that could be
used by petitioners for street vacations in order to eliminate any bias in the assessment
process, and another to discuss converting design guidelines to design standards for
the Tremont and Bethel Corridor overlay districts.
Council Member Geiger expressed his condolences for the widow and family of past
Port Orchard Mayor Repanich. He stated he was a fine man in all respects.
Council Member Geiger moved and Council Member Clauson seconded a
motion to prepare a proclamation about past Mayor Repanich, declaring an
appropriate date in his honor. Motion carried.
Council Member Cramer stated that while he was not able to attend the Port Orchard
Revitalization Team's meeting with EDAW and the public earlier this month, he
understood it was time well spent and received a good response from those attending.
Mayor Abel reminded Council of the Joint Planning Commission/City Council meeting on
November 1, 2004 at 7:00 p.m. with EDAW and public comment.
ADJOURNMENT
At 8:31 p.m. Mayor Abel adjourned the meeting.
t,~~? Ahd
Kim E. Abel, Mayor