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01/26/2016 - Regular - Minutes, Regular MeetingCity of Port Orchard Council Meeting Minutes Regular Meeting of January 26, 2016 1. CALL TO ORDER AND ROLL CALL Mayor 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 Cucciardi Present Councilmember Diener Present Councilmember Donlin Present Councilmember Lucarelli Present Mayor Pro-Tern Clauson Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Human Resources Coordinator Howard, City Attorney Cates, 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 Mr. Nick Whittleton spoke regarding public engagement and hopes the Council reaches out to its citizen stakeholders, not representatives from Bremerton and Silverdale. Ms. Leslie Reynolds-Taylor, SK Skate Park Association President, discussed a hydroplane event called the Sinclair Thunder Boats. Mr. Charles Cregier, President of West Sound Landscape Supplies, spoke regarding the UGA revision proposed by Kitsap County. He propose the City do a study session on future proposed gateway projects, asked for help in getting sewer and water to other areas in the UGA, and would volunteer to work on a committee. Minutes of January 26, 2016 Page 2 of 8 Mr. Matt Murphy, spoke regarding the supplemental environmental impact statement for the comprehensive plan update and how Alternative No. 4, the preferred method, has no_ numbers or supplements. He would like the County to get the rest of the numbers to see the effect of the preferred alternative on the City and County. He also spoke regarding the need to improve safety on Bay Street for pedestrians. Mr. Gary Anderson spoke in favor of the boat race in front of Port Orchard, and asked the City to verify information that was presented by the County at last week's Work Study regarding urban low residential redesignated properties having commercial uses. He supports the County's new map keeping the UGA extended to the overpass, and asked the City to take a long-range look at opening up the off ramp off Hwy 16 onto Bethel Road. Mr. Brian Petro challenged the Council to fight for the current UGA. 3. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to add a discussion item for identifying a date for the City Council retreat as Business Item 7F. The motion carried. MOTION: By Mayor Pro-Tern Clauson, seconded by Councilmember Ashby, to move the collective bargaining executive session to the last thing on the agenda. The motion carried. MOTION: By Councilmember Ashby, seconded by Mayor Pro-Tern Clauson, to approve the agenda as amended. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 65802 through 65897 totaling $397,566.40 B. Approval of January 12, 2016, Council Meeting Minutes C. Adoption of a Resolution Approving a Contract with The Doctors Clinic, PC for CDL/DOT Exams and Certificates MOTION: By Mayor Pro-Tern Clauson, seconded by Councilmember Lucarelli, approving the Consent Agenda as published. The motion carried. 5. PRESENTATION No presentations were given. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Appointment of City Attorney Minutes of January 26, 2016 Page 3 of 8 Staff Report: Mayor Putaansuu presented the staff report, noting ten proposals were received from the RFP for attorney services. After review of the proposals, four applicants were asked to interview with the City on January 20, 2016. The Mayor is still negotiating the terms of the contract, would like to appoint an interim attorney until a permanent appointment can be made. Council Consideration: -MOTION: By Mayor Pro-Tern Clauson, seconded by Councilmember Diener, to confirm the Mayor's appointment of the City Attorney, and approve the interim agreement. Mayor Pro-Tern Clauson said the expectation is that the Mayor would bring back the permanent contract no later than 60 days. Treasurer Martin said there is currently a contract in place with Lighthouse Law Group for the labor/union negotiations, which is a separate contract, which stays in place. The contract discussed tonight would be for general attorney services. These contracts will be combined into one contract when the permanent contract is brought forward by the Mayor. The motion carried. B. Adoption of a Resolution Confirming a Mayoral Appointment to the Planning Commission Staff Report: Deputy City Clerk Fernandez presented the staff report, noting the Mayor appointed Mark Trenary to the Planning Commission for a term expiring December 31, 2019, and is seeking Council's confirmation of this appointment. Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember Donlin, to adopt a resolution confirming the Mayor's appointment to the Planning Commission, as set forth in the resolution presented. The motion carried. (RESOLUTION NO. 008-16) C. Approval of January 7, 2016 Special Meeting Minutes Minutes of January 26, 2016 Page 4 of 8 MOTION: By Councilmember Ashby, seconded by Mayor Pr.o-Tem Clauson, approving the January 7, 2016, special meeting minutes. The motion carried. Councilmember Diener abstained. D. Approval of January 11, 2016 Special Meeting Minutes MOTION: By Councilmember Donlin, seconded by Councilmember Lucarelli seconded approving the January 11, 2016, special meeting minutes. The motion carried. Councilmember Diener and Mayor Pro-Tern Clauson abstained. E. Discussion: Port Orchard Urban Grown Area Staff Report: Mayor Putaansuu presented the staff report, noting he would like to continue the conversation with the Council, and get consensus on what kind of testimony the City of Port Orchard should provide to Kitsap County regarding the staff recommended preferred alternative zoning map. Discussion highlights: • Citizens need to testify at public hearing at the County. • It is preferred that the County leave the UGA alone, and do nothing. • Need to verify the numbers that were suggested by the County, but there is a time crunch because the County is taking public testimony on February 8. • Complimented Commissioner Garrido for the number of community briefings done throughout South Kitsap and having staff attend the City's work study last week. • Section C needs to stay within the UGA, and the zoning needs to remain a commercial corridor. If the City is going to lose on that, it is important to maintain commercial zoning to the properties along the road frontage, and the properties in the rear could be residential. • The section of Bethel south of Sedgwick (Section D) needs to keep its commercial designation in some form . • Minutes of January 26, 2016 Page 5 of 8 • Changing Mile Hill to Urban Low creates many non-conformities, and there will be a series of land use conflicts for businesses who may want to expand. • Section A has been given the opportunity in the past to do a site-specific redesignation, and they chose not to. Not having this designated as Industrial is the right thing to do. • Need to engage new attorney to write a significant letter and support the Council at a public hearing. • Council is in strong support of keeping as much of C and D as possible within the UGA, including the designations. • Staff will include a map with the letter. MOTION: By Mayor Pro-Tern Clauson, seconded by Councilmember Diener, to submit a letter of the City's interest in the modifications and that we object to the complete elimination of what the City has designated as D, we think it should be entirely included, and that we object to what we have identified as C to be excluded from the UGA. The zoning designations should be left alone, except we want commercial designation, not mixed-use or urban low. Councilmember Ashby said what is currently in the UGA along the Bethel Corridor should remain in the UGA, with the zoning from mixed use to commercial. The motion carried. The Council agreed that Sections C and Dare the Council's priority for remaining in the UGA. MOTION: By Councilmember Ashby, seconded by Councilmember Chang, on Sections A and B, to accept the County's preferred recommendation. The motion carried. MOTION: By Councilmember Diener, seconded by Councilmember Chang, to stand behind the County's position on Section E. Councilmember Diener stated this section has a rural look and feel. Councilmember Donlin agreed. Councilmember Ashby said she is intimate with those properties and has been active with a citizens group on Phillips Road that was involved with WSUD's proposed ULID. Many citizens have requested to come out of the UGA. She is in support of removing this section from the UGA. The motion carried. Minutes of January 26, 2016 Page 6 of 8 MOTION: By Mayor Pro-Tern Clauson, seconded by Councilmember Diener, to support the north area being removed, and keep the Mile Hill corridor (southerly portion) intact with its Commercial zoning. Councilmember Ashby could support both coming out, but could not support the zoning change whether it is City or County. The motion carried. Council Consideration: -MOTION: By Mayor Pro-Tern Clauson, seconded by Councilmember Cucciardi, to make the priority list as: Section D, No. 1; Section C, No. 2; Section G, No. 3. The motion carried. Councilmember Diener noted that in Section G, the area south of Mile Hill is the dog park, and the City should not object to pulling that out. Next Steps: Development Director Bond and City Attorney Cates will draft a letter by Monday to be emailed to the Mayor and Council, and have a copy ready for signature by Thursday or Friday. Mayor Putaansuu will present the City's position at the County's Public Hearing on February 8 at 5:30 p.m. F. Discussion: Council Retreat Discussion highlights: The Council discussed having the retreat on Saturday, February 20, at Fire Station 31 on Tremont, and to have the meeting. facilitated. Department heads would attend the morning session. The Council should email their agenda items to the Mayor. Next Steps: Mayor Putaansuu will secure the location and facilitator. 8. COMMITTEE REPORTS Councilmember Ashby reported West Sound Alliance had a meeting, and she brought forward the City's desire to request $SOOK from our Pedestrian Path be moved up to 2017-19 biennium. 9. MAYOR'S REPORT Mayor Putaansuu reported CenCom met last week. They are creating a standalone agency operating as a Public Development Authority (PDA). Service agreements between the PDA and agencies will be forthcoming and executed by May 3, 2016. 10. REPORT OF DEPARTMENT DIRECTORS Minutes of January 26, 2016 Page 7 of 8 Public Works Director Dorsey reported on the FEMA resilience training he took at KCDEM. An Emergency Operations Center (EOC) change needs to happen due to City Hall being in the liquefaction zone. City Treasurer Martin welcomed City Attorney Cates to the City and acknowledged Deputy City Clerk moving to City of Poulsbo to be their City Clerk. Development Director Bond reported he hired a new planner, Keri Weaver, and the Planning Commission meetings were moved to the first Tuesday of the month at 6:00 p.m. City Attorney Cates thanked the Mayor and City Council for this opportunity. 11. CITIZENS COMMENTS . Ms. Elissa Whittleton spoke regarding the Land Use Committee discussing the use of a derelict buildings ordinance and encouraged the Council to adopt it. She also discussed making the vacant lot on Bay Street more user friendly in the interim. Ms. Gerry Harmon spoke regarding pulling out of the PSRC and developing our own council. She questioned what other areas in the county are losing from their UGAs. She said she hopes the retreat is taped, so that people understand what is going on. She would like the retreat to be at City Hall. Mr. Brian Petro thanked the Council for their work on the UGA tonight. He feels the City has a litigation possibility on how they originally worked on this. Mr. Matt Murphy thanked the Council for their work on the UGA discussion. He hopes everyone attends the Public Hearing on February 8. Mr. Gary Anderson thanked the Council for their work tonight on the UGA. He wants the City to send a message that Port Orchard is open for business. 12. EXECUTIVE SESSION At 8:35 p.m., Mayor Putaansuu recessed the meeting for a 30-minute executive session regarding collective bargaining in accordance with RCW 42.30.140(4). City Attorney Cates, City Treasurer Martin, and Human Resources Coordinator Howard were invited to attend and the Mayor announced that no action would be taken because of the executive session. At 9:05 p.m ., Mayor reconvened Council back into regular session. 13. ADJOURNMENT The meeting adjourned at 9:05 p.m. No other action was taken . Brandy Rinearson, CMC, City Clerk Minutes of January 26, 2016 Page 8 of 8