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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