Agenda Page Monday November 1, 2010 6:00 PM Call to Order Roll Call Flag Salute City of Ocean Shores Regular City Council Meeting Ocean Shores Convention Center 120 Chance A La Mer Ocean Shores, Washington Approval of Meeting Agenda Ceremonies & Proclamations Public Communication to Council Announcements 1. Board and Committee Vacancies Two member and two alternate vacancies on the Building Code Board of Appeals, four vacancies on the Public Works Advisory Committee, and one vacancy each on the Park Board, and Planning Commission. Appointments Council Reports Mayor's Report Other Reports 3-4 Staff Report 2. Lodging Tax Advisory Committee Recommendation Presented by Ken Mercer Consent Agenda 3. Approval of minutes for the Study Session on September 13, 2010. 4. Approval of Claims. Page 1 of 29
Page 5-21 22-24 25-29 Public Hearing 5. 2011 Revenues public testimony and comment for or against any part of the City of Ocean Shores 2011 Revenues and Property Tax Levy. Presented by Mike Folkers Public Comment New Council Business 6. An Ordinance of the City Council of the City of Ocean Shores, Washington, fixing the amount of taxes to be levied for the fiscal year 2011. Presented by Mike Folkers 1st Reading Council Questions Public Comment Council Discussion Old Council Business 7. Ordinance An Ordinance of the City Council of the City of Ocean Shores, Washington, establishing rules of usage for Skate Park Facility, and amending Ordinances 715 and 763. Presented by Ken Lanfear Council Questions Public Comment Council Action Future Agenda Item Suggestions Executive Session 8. As Necessary. Adjourn Page 2 of 29
OCEAN SHORES LTAC MEETING MINUTES October 13, 2010 Convention Center 10:00 AM Call to Order: Jackie Farra, the chairperson of the group, called the meeting to order at 10:04AM Committee Members in attendance: Chairperson Jackie Farra, Holly Plackett, Tim Van Houten, Ken Mercer and Ken Elgin. Others in attendance: John Lynn [alternate chair] and Andy Gruse, citizen Chairperson opened the meeting by requesting that Board Members introduce themselves. Chairperson welcomed all and asked if we had reviewed the minutes from the October 9, 2009 meeting. Chairperson Jackie Farra asked for approval of the minutes and a second. The minutes were approved and seconded. Jackie Farra asked Ken Mercer (Director of Tourism and Business Development) to talk about results for lodging tax for 2010 and the visitor count taken at the gates. Ken reported that lodging tax revenues were up 5% through September for the 2010 year to date against a very difficult 2009.Our budgeted plan for 2010 is $750,000 we are on target to exceed that slightly making this another difficult revenue year for lodging tax. Our best year was 2007 when we achieved $867,281 in lodging tax. We had discussion about the recession causing one of our larger hotels to close the last two years and the uncertainty of the hospitality industry in this economy. One of our lodging properties in the city actually had three name changes in a six month period showing the difficulty of our times. We agreed that at best in 2011 the economy would probably be flat and we would have to continue to fight for the tourist discretionary spending dollar. The visitor count at the City entrance shows that we are down 7% through September of 2010. We finished 2009 with a 6.76% increase in traffic count although the group mentioned that street construction may have added to the 2009 count. Jackie; the Committee chair, than referred to a 2011 preliminary budget recommendation letter from Mike Folkers [City Finance Director]. Mike s letter projects revenues at $920,000 and expenditures at $920,000 if we meet our obligations. 2011 beginning balance $0 2011 revenues $750,000 lodging taxes $170,000 center revenues $920,000 Total revenues 2011 Expenditures $350,000 center operations $303,000 PFD debt service $220,000 promotions $47,000 payment to inter fund loan [fund 420] $920,000 Total Expenditures 2012 ending balance $0 There was discussion about notification of lack of funds for non-profits. Ken called and emailed nonprofits at mid year out of concern that they might be counting on funds at year end. Last year many had built extensive wish lists only to be disappointed at year end to receive nothing. Holly from the Chamber confirmed that they had taken another path to raise funds for events in 2011 and were currently soliciting sponsors of specific events. 1 2. Lodging Tax Advisory Committee Recommendation Presented by Ken Mercer Page 3 of 29
Action Committee on Tourism [ACT] had received $30,000 a year in the past and in 2010 $20,000 to promote and develop large events the first half of the year; the Antique Show in February and Sand and Sawdust in June. To specifically market these two events Ken proposed that $15,000 be taken from promotions so that these two events could be successfully promoted in 2011. There was discussion that the Sand portion of Sand and Sawdust was costly to present as professional competitors from out of the area were needed to give the show authenticity and they came only for prize money. A.C.T in 2011 also plans to develop sponsors for future events as funds are increasingly hard to find. A motion was made by Ken Elgin and seconded by Tim Van Houten to accept Mike Folkers recommendation and specifically reduce the $220,000 in promotions to $205,000 allowing $15,000 to go to A.C.T. in 2011. Tim Van Houten seconded the motion and Chair Jackie Farra called for a vote. The vote was unanimous to approve the motion and that the approved motion will be the Committees recommendation to Council on November 1, 2010. Jackie Farra thanked all for their time and adjourned the meeting at 11:05 a.m. 2 2. Lodging Tax Advisory Committee Recommendation Presented by Ken Mercer Page 4 of 29
City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: November 1, 2010 SUBJECT: Public Hearing on revenue pertaining to the 2011 Budget. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS X PUBLIC HEARING STUDY SESSION NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: PowerPoint Presentation. SUMMARY/BACKGROUND: State law requires the City to hold a public hearing to address property tax and other proposed revenues associated with the 2011 budget prior to adoption of an ordinance setting property tax levies. The City is required, by November 30, 2011, to adopt a property tax ordinance specifying its general property tax, 2010 emergency medical services property tax levy, 1995 special levy for road construction, 2002 special levy for treatment facilities and the 2010 special levy for library facilities. EXPENDITURE AMOUNT: No expenditures are associated with this request, although property taxes levied as a result of adopted ordinances will support City operations and debt service during fiscal year 2011. AMOUNT BUDGETED: N/A BUDGET MODIFICAITON REQUIRED: N/A STAFF RECOMMENDATION: Staff recommends review and comment on proposed property tax for 2011. MAYOR S RECOMMENDATION: PRESENTED BY: Mike Folkers, Finance Director (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 10/8/2001 5. 2011 Revenues Page 5 of 29
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City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: November 1, 2010 SUBJECT: An Ordinance fixing the amount of taxes to be levied for the fiscal year 2011. CATEGORY: CONSENT AGENDA X ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS PUBLIC HEARING STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: 2011 Property Tax Ordinance. SUMMARY/BACKGROUND: This agenda bill and its Ordinance address the issues of property taxes and other Ad Valorem revenues of the City. The City is required, by November 30, 2011, to adopt a property tax ordinance specifying its general property tax, 2010 emergency medical services property tax levy, 1995 special levy for road construction, 2002 special levy for treatment facilities and the 2010 special levy for library facilities. EXPENDITURE AMOUNT: No expenditures are associated with this request, although property taxes levied as a result of adopted ordinances will support City operations and debt service during fiscal year 2011. AMOUNT BUDGETED: N/A BUDGET MODIFICAITON REQUIRED: N/A STAFF RECOMMENDATION: Pass the Ordinance as presented. MAYOR S RECOMMENDATION: PRESENTED BY: Mike Folkers, Finance Director (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 10/8/2001 6. An Ordinance of the City Council of the City of Ocean Shores, Washington, fixing the amount of taxes to be levied for the fiscal Page 22 of 29
CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, FIXING THE AMOUNT OF TAXES TO BE LEVIED FOR THE FISCAL YEAR 2011 THE CITY COUNCIL OF THE CITY OF OCEAN SHORES DO HEREBY ORDAIN AS FOLLOWS: Section 1. That the annual amount of Ad Valorem Tax Levies of the City of Ocean Shores for the fiscal year 2011, necessary to raise the amount of estimated expenditures be, and the same are hereby levied upon real and personal property subject to taxation in said city in all assessment districts thereof and upon each dollar of taxable value, as follows: To wit: In all assessment Districts for the payment of: 2011 general purposes to be raised by a levy of $2,470,996 or amount limited by law. EMS purposes to be raised by a levy of $0.35 per $1,000 of true and fair valuation $484,118 or amount limited by law. Library purposes to be raised by a levy of $0.22 per $1,000 of true and fair valuation $304,303 Voter Approved Debt Purposes: 1995 Street Construction G.O. Bonds: $240,000 2002 Treatment Facilities G.O. Bonds: $1,519,719 Section 2. That said taxes herein provided for are levied for the purposes of raising revenue sufficient to pay the principal and interest upon the general bonded indebtedness of the City of Ocean Shores, for a portion of the General Fund and for the operation of the different departments of the municipal government of the City of Ocean Shores for the fiscal year beginning January 1, 2011 and ending December 31, 2011, and are hereby levied upon all real and personal property as shown by the assessment in the County of Grays Harbor as finally fixed by the County and State Board of Equalization and as extended upon the books of the County Assessor, showing the property within the said City subject to taxation for municipal purposes and upon the amount of said real and personal property as certified by the County Assessor, all pursuant to and under the virtue of the laws of the State of Washington. Page 1 of 2 Ordinance No. 6. An Ordinance of the City Council of the City of Ocean Shores, Washington, fixing the amount of taxes to be levied for the fiscal Page 23 of 29
Section 3. That the taxes collected from the levies hereby fixed and made, together with the estimated revenues from sources other than Ad Valorem taxation which constitute the appropriations of the City of Ocean Shores for the fiscal year 2011, and hereby appropriated as itemized and classified in the annual budget for the fiscal year 2011. Section 4. This Ordinance shall take effect five (5) days after the date of publication. PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular, open public meeting this 15 th day of November 2010. Attest: Garland E. French, Mayor Diane J. Foss, CMC City Clerk Page 2 of 2 Ordinance No. 6. An Ordinance of the City Council of the City of Ocean Shores, Washington, fixing the amount of taxes to be levied for the fiscal Page 24 of 29
City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: 11/01/2010 SUBJECT: SKATE PARK ORDINANCE CATEGORY: CONSENT AGENDA XX ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION XX OLD BUSINESS REQUEST STUDY SESSION NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Ordinance proposal, and picture of North Beach Sport Park rules sign. SUMMARY/BACKGROUND: At the October 25 th, 2010 council meeting the council passed an ordinance relating to the skate park facility. It has been discovered an error existed in the proposed ordinance relating to required safety equipment. The city s insurance carrier, Washington Cities Insurance Authority, recommends the usage of safety equipment be strongly recommended, not required. The attached ordinance revision accomplishes that recommendation. EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: STAFF RECOMMENDATION: Adopt the revised ordinance. PRESENTED BY: Ken Lanfear, Public Works Director (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 7. Ordinance An Ordinance of the City Council of the City of Ocean Shores, Page 25 of 29
CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, ESTABLISHING RULES OF USAGE FOR SKATE PARK FACILITY, AND AMENDING ORDINANCES 715 AND 763 WHEREAS, the City of Ocean Shores owns and operates a skate park facility available for use by the public; and WHEREAS, the skate park facility is not a supervised facility; and WHEREAS, the City shall not charge a fee for use of the skate park facility; and WHEREAS, it is appropriate for the City to establish rules for conduct and requirements for protective equipment for skate park users; NOW, THEREFORE, the City Council of the City of Ocean Shores does hereby ordain as follows: Section 1. That Chapter 9-01 Park Code of Conduct of the Ocean Shores Municipal Code be amended to read as follows: 9.01.030 Definitions. F. Rollerskate includes any form of device worn on the feet with wheels or rollers, for use on a sidewalk or other surface offering traction and includes those devices commonly known as in-line skates or rollerblades. G. Skateboard includes but is not limited to all board-like devices, coasters, scooters, toys, conveyances or other similar device with wheels, and which is used for transportation or sport, and is propelled by human power as the user rides or stands upon the device and which is not classified as a bicycle in this code. H. Vehicle includes.... motorcycles. I. Wherever consistent... genders. Page 1 of 3 Ordinance No. 7. Ordinance An Ordinance of the City Council of the City of Ocean Shores, Page 26 of 29
(Ord. 715 1 (part), 2001) 9.01.040 Park hours. All city parks, with exception of skate park facilities, shall be open from one hour before sunrise to one hour after sunset. Skate park facilities shall be open from 8:00 am to dusk. Park boat launches shall be open at all times. (Ord. 715 1 (part), 2001) 9.01.050 Skate Park rules of usage A. It shall be unlawful and a violation of this section for any person to engage in, or for any adult responsible for the supervision of a minor child to permit a minor child to engage in, any activity prohibited under this section. B. The Ocean Shores skate park is an unsupervised facility. It is strongly recommended that any persons riding or otherwise using a skateboard or any other permitted coasting device in the skate park, or entering into the skate park for the purpose of engaging in such activity, without wearing wear protective equipment including a helmet, elbow pads, and knee pads and wrist guards. is prohibited. C. Rollerskates and skateboards, as defined herein, and bicycles are not compatible uses and shall not use the skate park facilities at the same time. Separate time periods or sessions will be established for bicycle use of the skate park facility. D. Use or occupation of the skate park during non-open hours is prohibited and constitutes trespassing. E. The use of coasting devices, including skateboards and in-line skates, and bicycles, is considered a hazardous recreational activity that creates a substantial risk of serious injury or death to participants, those assisting participants, and spectators of such activities. All users of the skate park voluntarily assume the risk of serious injury or death in use of the skate park facility. F. Any violation of the provisions of this section is a Class 1 civil infraction, with a maximum penalty of two hundred fifty dollars, plus statutory assessments. Additionally, any person violating this section shall be subject to having equipment and/or materials immediately confiscated, if the responding law enforcement officer reasonably believes that the violator s behavior is likely to continue unless said equipment and/or materials are confiscated. 9.01.060 Posting signs, posters and notices. 9.01.070 Damage to park property unlawful Use of certain facilities. 9.01.080 Animals at large prohibited. Page 2 of 3 Ordinance No. 7. Ordinance An Ordinance of the City Council of the City of Ocean Shores, Page 27 of 29
9.01.090 Firearms, explosives and hazardous materials. 9.01.100 Teasing, annoying, or injuring animals prohibited. 9.01.110 Certain vocations and actions prohibited. 9.01.120 Selling refreshments or merchandise or distributing literature. 9.01.130 Riding vehicles and animals. 9.01.140 Camping areas. 9.01.150 Littering. 9.01.160 Group rental of park facilities Application and permit required. 9.01.170 Violation Penalties. Section 2. publication. This ordinance shall take effect five (5) days after the date of THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting on this 1st day of November 2010. ATTEST: Garland E. French, Mayor Diane J. Foss, CMC, City Clerk REVIEWED AND APPROVED BY: Arthur A. Blauvelt III, City Attorney Page 3 of 3 Ordinance No. 7. Ordinance An Ordinance of the City Council of the City of Ocean Shores, Page 28 of 29
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