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01/12/2016 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 12, 2016 1. CALL TO ORDER AND ROLL CALL Mayor Rob Putaansuu called the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Donlin Present Councilmember Lucarelli Present Mayor Putaansuu Present Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin, Police Chief Marti, and Deputy City Clerk Fernandez were also present. A. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Dr. Paul Nuchims, Manchester, spoke regarding downtown Port Orchard needing help. He also addressed what is happening to the Dragonfly Theater. Mr. Charles Cregier, Founder/President of West Sound Landscape Supplies, spoke regarding what is being proposed by the County for the UGA boundary. Business owners in the area had an ad-hoc meeting, and none of them received a notice from the County, even though it has been under review since last summer. He also spoke regarding Bethel Corridor improvements, and asked the Council to consider a new gateway into the City. Mr. John Allen spoke regarding the City needing an ADA Coordinator. He spoke regarding the installation of the artwork "Victory" to the Bay Street Pedestrian Pathway being ADA accessible. He encouraged the City to become familiar with accessibility. Minutes of January 12, 2015 Page 2 of 12 Mr. Brian Petro urged the Council to fight for its urban growth boundary. He spoke in favor of the bond issue and partnering with the Performing Arts Guild. 3. APPROVAL OF AGENDA MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to add an item prior to the Consent Agenda, the approval of a council appointment of Scott Diener to fulfill vacated Position No. 3. The motion carried. MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the agenda as amended. The motion carried. Councilmember Ashby reviewed the process the Council took for finding a replacement for the vacated Council position. The Council advertised for the vacant position during the month of December. They received six applications, and interviewed them last Thursday and deliberated Thursday, and again Monday, and came forward with a recommendation. MOTION: By Councilmember Clauson, seconded by Councilmember Donlin, to appoint Mr. Scott Diener as the councilmember to fill the vacancy created by Mr. Putaansuu's election as Mayor. Councilmember Clauson said the six citizens who applied were all very good candidates, which made the selection very difficult. This was evident by not being able to reach a consensus the day of the interviews, resulting in another council meeting to reach a consensus on Scott, who rose to the top. He expressed his gratitude to those who applied. Councilmember Chang added it was very difficult to pick between people who were very different. It was exciting to meet them all, but a nightmare to figure out which was the one. There may be some misconceptions of the Council "voting" people off the list. It was figuring out which was the top candidate that was the most well-rounded and would complement the Council. He thanked everyone, and asked them to be active and look for other opportunities to serve the City. Councilmember Cucciardi agreed, and asked the five other candidates please stay involved with the community. The motion carried. Minutes of January 12, 2015 Page 3 of 12 Mayor Putaansuu swore Mr. Scott Diener into office. Councilmember Diener joined the Council on the dais. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 65642 through 65801 totaling $396,854.83; and December Payroll Warrant Nos. 146736 through 146794 totaling $894,383.24. B. Approval of Setting the Dates and Time of the City Council Work Study Session Meetings for 2016 C. Approval of a Contract with Ann G. Macfarlane for Parliamentarian Training D. Approval of Public Event Application: Cub Scout Day Camp E. Approval of an Inter-local Agreement with the Washington Traffic Safety Commission (WTSC) for High Visibility Safety Emphasis Patrols F. Approval of an Inter-local Agreement with Kitsap County for Provision of Juvenile Detention Facilities Council Consideration: -MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, approving the Consent Agenda. The motion carried. 5. PRESENTATION A. Good Neighbor Awards -Councilmember Lucarelli presented the Good Neighbor Awards to Kitsap Bank, Best Business; Wisteria Lane, Best Business Window Display; Port of Bremerton, Best Municipal; Rutherford Circle, Best Neighborhood; 4462 Fantail Place, Best Home Display; 1080 Tenby Court, 2nd Best Home Display. B. Performing Arts Guild (PAG) of South Kitsap -David Updergrove, Jerry Abbott, Iona Buick, and Mark Miller spoke regarding the City Council and the citizens supporting PAG's reemergence. They need support and would like to partner to create the vision for the arts in Port Orchard. 6. PUBLIC HEARING A. Public Hearing and Adoption of a Resolution Supporting the South Kitsap School District (SKSD) Construction Bond Staff Report: Clerk Rinearson presented the staff report noting the Council wished to receive citizen comments on whether they should support or oppose the SKSD Construction Bond that will go before the voters on February 9, 2016. Mayor Putaansuu opened the Public Hearing at 7:42 p.m. Minutes of January 12, 2015 Page 4 of 12 SK School Board President Greg Wall and SKSD Superintendent Reid spoke in support of the proposed bond. Mr. Adam Smith, social media campaign coordinator, spoke in support of the proposed bond and responded to main concerns he receives online. Mr. Ryan Hader spoke in support of the proposed bond, and provided statistics regarding the number of kids that go to a 2-or 4-year college after high school graduation. Mr. Robert McGee spoke regarding why the Port Orchard City Council should support the bond and the benefits it provides to the entire community. Mr. Doug Miller spoke for Mr. Jay Rosapepe regarding the school district's historic partnership with the City, and spoke regarding business impacts and real estate growth. He asked the Council to endorse the bond. Ms. Lynn Wall spoke in support of the proposed bond. She is concerned with overcrowding, which will continue. Mr. Matt Murphy, PO Chamber of Commerce Executive Director, said the Port Orchard Chamber of Commerce supports the upcoming bond. The number one question he receives at the Chamber is about our schools. Ms. Kathleen Wilson read a formal declaration from the Port Orchard Chamber of Commerce Board of Directors in support of the bond. Mr. Jerry Abbott spoke in support of the proposed bond, even though he no longer has kids in the school system. It takes a village to raise a child. Mr. Walt Shuford spoke regarding the bond; it represents a rigorous and organized process. The process took a year with several committees who worked to develop a recommendation. He asked for the Council's endorsement. There being no further testimony, Mayor Putaansuu closed the Public Hearing at 8:11 p.m. Council Consideration: -MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt a Resolution, supporting the South Kitsap School District Construction Bond scheduled for voter action on February 9, 2016. Minutes of January 12, 2015 Page 5 of 12 Councilmember Clauson spoke regarding how impressive it was to hear the whole community come and speak in support of the bond. The comments were well-said and touched on important issues. Councilmember Lucarelli spoke regarding the many increases the public has been facing; however, she was sold on the bond after hearing all of the public support. She personally supports this, and would be happy to endorse the bond as a Council. Councilmember Diener said it is a moral obligation to support the bond, and asked the group to approach Kitsap County for similar support. Councilmember Chang said the increase is considerable for some people; however, a better school makes the area more attractive. He supports the measure. He would love to see extension courses for older people available at the school. Councilmember Donlin said he was impressed by the statements tonight. He said the population in the school exceeded the populations of half of the towns in the State. He supports the measure. Councilmember Ashby complimented the Miller's daughters as being the faces of the bond issue. Councilmember Cucciardi said this is so much more than building a building. He urged the public to reach out to understand the entire vision and support the bond. Mayor Putaansuu said he was in the first class to go through the "new" high school last time. He is proud to be the Mayor of the community, and even more proud to be a citizen of this community. The motion carried. (RESOLUTION NO. 005-16) B. Public Hearing and Adoption of an Ordinance to Amend Zoning Code Table 16.30.070 Staff Report: Public Works Director Dorsey presented the staff report, noting the Public Property Committee asked the Planning Commission to consider a minor change to the zoning tables, in order for the City to upgrade the decant facility at 1272 Lloyd Parkway. On December 14, 2015, the Planning Commission made a motion recommending that the City Council permanently adopt the proposed amendment, which would make wastewater treatment facilities a permitted use in the (EO) industrial zone. Mayor Putaansuu opened the Public Hearing, and there being no testimony, closed. the Public Hearing at 8:28 p.m. Minutes of January 12, 2015 Page 6 of 12 Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember Ashby, to approve the proposed amendment to POMC Table 16.30.070. The motion carried. (ORDINANCE NO. 001-16) C. Public Hearing and Adoption of an Ordinance to Amend Zoning Code Table 16.40.025 Staff Report: Public Works Director Dorsey presented the staff report, noting the Department of Community Development has found that the current limits on residential density in mixed used zones may be lower than the densities necessary to encourage economically viable mixed retail. and residential projects. At present, POMC 16.40.025 allows a maximum density of 12 dwelling units per acre in mixed use zones. The Department of Community Development has prepared draft amendments to POMC 16.40.025, which increase the maximum number of residential units allowed per acre to 30 dwelling units in mixed use zones and to 48 units per acre in the mixed use zone within the Central Downtown Overlay District. The proposed amendments leave the existing bulk regulations unchanged -new development would still have to meet all existing setback, lot coverage, and height standards of the zoning district. Mayor Putaansuu opened the Public Hearing at 8:31 p.m. Mr. Pat Waters spoke regarding mixed use zoning ·and how it has been problematic in the City and county. There being no further testimony, Mayor Putaansuu closed the Public Hearing at 8:32 p.m. Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to approve the proposed amendment to POMC Table 16.40.025 Councilmember Diener stated he could relate that mixed use zoning is difficult. He feels the changes are reasonable. Councilmember Ashby says the 48 dwelling units per acre seem large, but there are other regulations in the Downtown Overlay District (DOD) that need to be complied with. She believes it is a reasonable number for DOD. Councilmember Chang said this would make a lot more reasonable units available. The motion carried. (ORDINANCE NO. 002-16) 7. BUSINESS ITEMS A. Appointment of Mayor Pro-tempore for 2016 Minutes of January 12, 2015 Page 7 of 12 Staff Report: City Clerk Rinearson presented the staff report, noting according to RCW 35.23.191, the City Council at their first meeting of each calendar year shall appoint a Mayor Pro-Tempore from the current Councilmembers. Council Consideration: -MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, to elect Councilmember Clauson as the Mayor Pro-Tempore for 2016. The motion carried. B. Adoption of an Ordinance Providing an Extension of Interim Subdivision Ordinance No. 015-15 through February 23, 2016 Staff Report: Public Works Director Dorsey presented the staff report, noting the City's current interim subdivision ordinance is set to expire on January 12, 2016. If this ordinance expires, the City will not have any subdivision regulations. Per Council discussions at the December work study meeting, staff was to release a revised subdivision ordinance which could be considered by Council on January 12, 2016, however, the attorney was not able to complete review of these revisions by the December 31 deadline set by Council. Council had insisted on this deadline to ensure that the public had sufficient time to review the revisions prior to adopting new interim regulations. As such, the existing interim regulations need to be extended through the full six month term as allowed under RCW 36.70A.390, through February 23, 2016. If approved, a public hearing will need to be held within 60 days of adoption of this ordinance to adopt findings of fact in support of its continued maintenance. Alternatively, a new subdivision code could be adopted which would eliminate this requirement. Mayor Putaansuu spoke regarding the timeline of this process and the priority of getting the Comp Plan finished, and then revisiting this ordinance and giving it a proper public process. Council Consideration: -MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to approve an ordinance continuing the effect of the interim Subdivision Ordinance 015-15 through February 23, 2016. The motion carried. (ORDINANCE NO. 003-16) C. Adoption of an Ordinance Providing an Extension of Interim Permit Processing Ordinance No. 014-15 through February 23, 2016 Minutes of January 12, 2015 Page 8 of 12 Staff Report: Public Works Director Dorsey presented the staff report, noting the City's current interim permit processing ordinance is set to expire on January 12, 2016. If this ordinance expires, the City will not have any permit processing regulations. Per Council discussions at the December work study, staff was to release a revised permit processing ordinance which could be considered by Council on January 12, 2016, however, the attorney was not able to complete review of these revisions by the December 31 deadline set by Council. Council had insisted on this deadline to ensure that the public had sufficient time to review the revisions prior to adopting new interim regulations. As such, the existing interim regulations need to be extended through the full six month term as allowed under RCW 36.70A.390, through February 23, 2016. If approved, a public hearing will need to be held within 60 days of adoption of this ordinance to adopt findings of fact in support of its continued maintenance. Alternatively, a new permit processing code could be adopted which would eliminate this requirement. Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to adopt an ordinance continuing the effect of interim Permit Processing Ordinance 014- 15 through February 23, 2016. The motion carried. (ORDINANCE NO. 004-16) D. Adoption of a Resolution Confirming Mayoral Appointments to Boards and Commissions Staff Report: City Clerk Rinearson presented the staff report, noting the Mayor has appointed the following people to the Boards and Commissions: • Kathleen Wilson and Tim Drury to the Planning Commission for a term expiring December 31, 2019. • Ken Kambich for Civil Service Commission for an unexpired term expiring December 31, 2016. • Noel Larsen and Diane Buchanan for Design Review Board for a term expiring December 31, 2018. • Bjorn Bjorke for Animal Control Appeal Board for a term expiring December 31, 2018. • Robert McGee for Building Boards of Appeals for a term expiring December 31, 2020, • Scott Kiele for an unexpired term expiring December 31, 2019; and Wayne Senter as an alternate for a term expiring December 31, 2020. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt a Resolution confirming the Mayor's appointments to the Boards and Commissions, as set forth in the Resolution presented. The motion carried. Minutes of January 12, 2015 Page 9 of 12 E. Adoption of a Resolution Approving a Contract with PND Engineers, Inc. for the 2016 DeKalb Pier Phase 2 Construction Administration and Procurement Procedure Documentation Staff Report: Public Works Director Dorsey presented the staff report, noting the City received a $500,000 Community Capital Facilities Grant from WS Department of Commerce for the completion of Phase 2 of the Dekalb Pier Project. The grant is combined with the previous $255,000 grant, allowing the project to be completed in 2016. Public Works is ready to award the bid to the Dekalb Pier Project Engineer, PND Engineering, Inc. Council Consideration: -MOTION: By Councilmember Donlin, seconded by Councilmember Diener, to adopt Resolution No. 001-16, thereby approving Contract No. 002-16 with PND Engineers, Inc. in the amount not to exceed $45,200.00 for the Dekalb Pier -Phase 2 Project Bid Support, Construction Administration & Construction Observation and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Councilmember Diener stated that he had the privilege of working with this contractor in the past, and they have done good work all around the world. He expects no less this time around. The motion carried. (RESOLUTION NO. 001-16 and CONTRACT NO. 002-16) F. Adoption of a Resolution Approving a Contract with KPFF Consulting Engineers for the 2016 On-Call Bridge Management Program and Procurement Procedure Documentation Staff Report: Public Works Director Dorsey presented the staff report, noting KPFF Consulting Engineers was determined to be the most qualified professional services firm. The contract amount for the Bridge Management Program, based upon the Scope of Services provided by KPFF Consulting Engineers shall not to exceed $32,000 annually, without written authorization. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Donlin, to adopt Resolution No. 003-16, thereby approving Contract No. 004-16 with KPFF . Consulting Engineers in the amount not to exceed $32,000 for the 2016 On-Call Bridge Management Program and documenting the professional services procurement procedures pursuant to RCW 39.80. Councilmember Chang announced he is a Department of Transportation employee; however, he does not stand to gain financially from this contract. There were no voiced objections to his voting on this matter. The motion carried. (RESOLUTION 003-16 and CONTRACT NO. 004-16) Minutes of January 12, 2015 Page 10 of 12 G. Approval of the December 15, 2015, Council Work Study Session Minutes Council Consideration: -MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the work study minutes as presented. The motion passed 5 to 0. Councilmembers Diener and Donlin abstained. H. Approval of December 22, 2015, Council Meeting Minutes Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to approve the December 22, 2015, Council Meeting minutes. The motion passed 5 to 0. Councilmembers Diener and Donlin abstained. I. Discussion: Council Committee Assignments and Council Retreat Date Staff Report: City Clerk Rinearson said staff was asked to add this item to the Agenda for discussion. Councilmember Ashby asked the Council to consider charging the Finance Committee to study transportation funding, and changing the name of Public Properties to Land Use Committee and task that committee with the Comp Plan update. The Council will continue this discussion on January 25, 2016, at 6:00 p.m. in the Council Conference Room. The Clerk will provide committee descriptions to the Council prior to that meeting. 8. COMMITIEE REPORTS Councilmember Clauson reported he, Mayor Putaansuu, and Councilmember Ashby met with Puget Sound Regional Council (PSRC} to discuss how to strengthen the City's funding application for Tremont. Councilmember Ashby reported Kitsap Regional Coordinating Council (KRCC) met January 5, 2016, and reviewed a draft Call for Projects and evaluation criteria. A Land Use Technical Advisory Committee was established. Minutes of January 12, 2015 Page 11 of 12 Councilmember Chang attended the Kitsap Community Resources (KCR) board meeting. He would like to get people to understand what KCR does. Councilmember Cucciardi reported the Public Property Committee met and received public testimony for the residential parking ordinance's unintended consequences, discussed monthly parking passes at city lots; Bay Street hanging banner; a conceptual parks commission and needing to review the draft parks element; and the medical marijuana ordinance. Councilmember Diener spoke regarding the changing marijuana legislation. 9. MAYOR'S REPORT Mayor Putaansuu reported he is spending time getting to know staff (attended Finance Staff Meeting); met with Development Director Bond and Public Works Director Dorsey to put together work plans for 2016; discussion with Clerk's Office to provide more content in legal notices; policy boards attendance last week; conversation with City Lobbyist regarding HB2296, HB2097, and SB6169; Highway 166 closing this summer for culvert replacement; Puget Sound Energy power pole and line replacement on Sidney; and Employee of Quarter award to Officer Walker. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey confirmed who would be able to attend the Sewer Advisory Committee meeting on January 20, at 6:30pm, at City Hall. City Treasurer Martin reported the Seitel Consulting Company provided their draft report regarding the City's IT infrastructure. He has started to write a layperson's report to accompany the firm's report and hopes to have everything wrapped up in next 90 days. City Clerk Rinearson reported changes in ordinances not having a sponsoring Councilmember and that resolutions will now be accompanying the contracts to satisfy the State Auditor; and AWC has a new director, they promoted Roger Neal, who was the loss prevention coordinator. Councilmember Clauson asked that before removing the sponsor on ordinances that it be reviewed by an attorney first. 11. CITIZENS COMMENTS Mr. Pat Waters spoke regarding the emergency rules that will be in effect for retail/medical marijuana sales and the affects it will have on the City. He encouraged the Council to limit the number of stores that should be allowed in the City. Minutes of January 12, 2015 Page 12 of 12 Ms. Bobbi Stewart thanked the Council for opening this bond issue to the public . She would like the utility lines put under ground. If she wins the lotto, she will be paying for that. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT