Loading...
08/11/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 11, 2015 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Cartwright Present Councilmember Chang Present Councilmember Childs Present Councilmember Clauson Present Councilmember Lucarelli Present Councilmember Putaansuu Present Mayor Pro-Tern Ashby Present Mayor Matthes Present Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Deputy City Clerk Fernandez, and City Attorney Morris were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Ms. Shannon Childs, Senior Marketing Director of Kitsap Bank, spoke regarding the South Kitsap High School field renovations and the School District's desire to build a sign package in time for the Friday, September 4th grand opening home game. Dr. Michelle Reid, South Kitsap School District Superintendent, spoke regarding the City moving forward to help the District with their special circumstance. Ms. Kathleen Wilson and Ms. Bobbi Stewart, Port Orchard Bay Street Association, spoke regarding the downtown hanging baskets and their desire to partner with the City to fertilize the baskets three to four times during the summer months. Minutes of August 11, 2015 Page 2 of 8 Mr. Richard Brown spoke regarding a public records request about stormwater vesting. He disagrees with the City Attorney that there is no vesting for stormwater. City Attorney Morris responded to Mr. Brown's concern the confidential memo she thought he was referring to was related to a specific project. She believes there is confusion, and Mr. Brown thinks the project-specific memo was her opinion on stormwater vesting. She has issued no opinion to the City regarding stormwater vesting. She also added that staff might also be inclined to let developers know about pending stormwater court cases, so that they can be prepared for what will happen in the future. In response to Councilmember Clauson, City Attorney Morris said if an application is subject to the vested rights doctrine, then the City would process that under the codes that exist today, and it would be vested under the City's codes. Ms. Teresa Osinski, Home Builders Association, spoke regarding the expense of stormwater for construction, and that is why it raises concern when changes are being discussed. Mr. Mike Eliason, Kitsap County Associations of Realtors, spoke regarding two letters he sent the Council about impact fees and stormwater. At 7:24 p.m. Mayor Matthes recessed the meeting for a 10-minute executive session regarding potential litigation in accordance with RCW 42.30.110(1)(i). City Attorney Morris joined the. meeting. At 7:34 p.m., Mayor reconvened Council back into regular session. 3. APPROVAL OF AGENDA MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Putaansuu, to add an agenda item after D and before E for a discussion on the email and letter received from the Kitsap Association of Realtors. The motion carried. MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Chang, to add agenda item F to discuss the request of the Port Orchard Bay Street Association for fertilizing the hanging baskets. The motion carried. Minutes of August 11, 2015 Page 3 of 8 MOTION: By Councilmember Putaansuu, seconded by Councilmember Clauson, to add Item G, the purchase of 640 Bay Street. The motion carried. MOTION: By Councilmember Putaansuu, seconded by Councilmember Lucarelli, to make item H the discussion of transportation impact fees. The motion carried. MOTION: By Mayor Pro·:Tem Ashby, seconded by Councilmember Putaansuu, to accept the agenda as amended. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 64675 through 64785 totaling $451,477.22; July Payroll Warrant Nos. 146489 through 146554 totaling $885,004.45; Electronic Payments dates 7/1/2015 through 7/31/2015 totaling $2,555.50; and Treasurer's check deposit totaling $2,855,598.55. MOTION: By Councilmember Clauson, seconded by Councilmember Childs, approving the Consent Agenda as published. The motion carried. 5. PRESENTATION A. Proclamation -Spirit of '45 Day Mayor Matthes presented the proclamation to Rebecca Steffensrud, Park Vista Marketing Director, who thanked the Council for their support and invited the Council to the Spirit of' 45 Celebration on Saturday, August 15. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Approval of the July 21 2015, Council Work Study Session Minutes Minutes of August 11, 2015 Page 4 of 8 MOTION: By Councilmember Chang, seconded by Councilmember Ashby, approving the July 21 Council Work Study Session minutes. Councilmembers Putaansuu and Clauson said they both watched the video and will be voting on this item. The motion carried. B. Approval of the July 28, 2015, Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Putaansuu, approving the minutes of for the July 28 Council meeting. The motion carried. Councilmember Cartwright abstained. C. Approval of Amendment No. 1 to Contract No. 033-15, Approving the Business Name and Contact Person Change to the Public Defense Work Staff Report: City Clerk Rinearson presented the staff report, noting on July 23, 2015, the City received notice that the Public Defender is changing their business name and contact person, following the departure from their firm of, John Cross. In Section 14 of Contract No. 033-15, this requires written consent of the City. Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to approve the name and persons change regarding the Public Defender contract, as presented. The motion carried. (AMENDMENT NO 1. TO CONTRACT NO. 033-15) D. Adoption of an Ordinance Approving Interim Regulations for Signage Staff Report: Development Director Bond presented the staff report, noting staff continues to work on updating the City's sign regulations in light of the recent Supreme Court decision Reed vs. Town of Gilbert; however, this update is not quite ready for Council review and consideration. Council had expressed a desire to look at regulations pertaining to roof signs on an expedited timeline and as such, interim zoning regulations, which would allow limited roof signs in the Community Facility Zone, have been prepared. Minutes of August 11, 2015 Page 5 of 8 Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the interim zoning ordinance as presented. In response to Councilmember Childs, City Attorney Morris said the City can adopt the regulations on an emergency basis, but must have a hearing within 60 days. This will allow the City to begin working on the permit tomorrow. In response to Councilmember Chang, Development Director Bond said once the Council sees the fully revised ordinance, they are going to look at how rooflines are allowed. There will be additional criteria, which is still being worked on. The motion carried. (ORDINANCE NO. 012-15) E. Discussion of Kitsap County Association of Realtor's Letter Mayor Pro Tern Ashby said she read the email she received, heard comments this evening, and the City Attorney's clarification. She would like the stormwater questions vetted through Utilities Committee. Council Consideration: -MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Clauson, for the stormwater letter received from the Kitsap County Association of Realtors be forwarded to Utilities Committee for review, and a report given back to the council. The motion carried . . F. POBSA Request for Fertilizing Bay Street Flower Baskets Public Works Director Dorsey said it would be simple to put this expense into the 2016 budget request. The reason the City Council moved away from doing this work was the cost and time associated with prevailing wage to do that work. To fertilize the baskets this year, he would work within the existing budget. It is time intensive, and the Public Works Parks staff is on medical leave. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs, to do this as one time in the next week or two, and would like public properties to look at 2016 and make a recommendation back to the Council. The motion carried. G. Purchase of 640 Bay Street Minutes of August 11, 2015 Page 6 of 8 Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Clauson, to purchase 640 Bay Street with five conditions: 1) the City is requiring the reduced purchase price of $140,420.71; 2) change the legal description to eliminate five feet the Jeffcoats claim they have acquired by adverse possession; 3) require the Dawsons pay the cost for the boundary line adjustment; 4) condition the amendment on the court to enter an order approving the amendment; 5) set closing five days aft;er the approval of the boundary line adjustment and entry by the receivership court of the order from the court. Councilmember Putaansuu felt it would have cost the City more money to go through an abatement process than to do this agreement. A reduced price has been negotiated due to an easement. He wants to sell the property immediately once there is a project for downtown. Councilmember Cartwright and Clauson agreed with Councilmember Putaansuu. Councilmember Clauson added that he would like the City to aggressively solicit buyers for a project downtown. Councilmember Childs is nervous about the being a landowner based on what happened with the purchase across the street that is a parking lot. Councilmember Chang supports the purchase. Mayor Pro-Tern Ashby supports the purchase, and believes it was in the City's best interest. She would like the Public Properties Committee to start movement on looking for buyers. Councilmember Lucarelli will vote no, because she has strong feelings about the City purchasing property for development. The loss the City took for the property across the street was substantial. The motion passed 5 to 2. Councilmembers Lucarelli and Childs voted no. H. Discussion: Transportation Impact Fees Mayor Pro-Tern Ashby presented her work on using the consultant's formula for some calculations while doing her due diligence on impact fees. The process left her more questions, which she read into the record. Discussion highlights included: • McCormick Woods agreement and siphoning funds from growth in that area • Need to study some zones: All City, McCormick Woods, and non-McCormick Woods • Need to look at where projects are originating • Impact fees are necessary, but need to know what the market can bear • Need to prioritize the project list, need a target number Minutes of August 11, 2015 Page 7 of 8 • It is hard to prioritize the list until it is known where the trips are being generated • Need a transportation committee in 2016 • Need to make decision on the following items before the end of the year, hopefully by November: transportation benefit district (TBD) creation, concurrency ordinance, and traffic impact fees • · Staff would like to bring concurrency and impact fees together for efficiency reasons • Need to explore TBD interlocal agreement with the County • Can the TBD be adopted now, and then amend it later if the City wants to join? • May want to engage in negotiations for impact fees as well for projects that sends traffic into the City and vice versa. Next steps: Continue discussion at August 18 Work Study to prioritize the project list and explore creating a TBD with the County. Need to have RCWs available that pertain to the joint benefit district, and need to review Page 22 in the Transportation Funding document. Development Director Bond will work with the consultant to provide an analysis on three zones for the September Work Study Session. 8. COMMITTEE REPORTS Councilmember Clauson reported the next Finance Committee meeting is August 25 at 5:30 p.m. Councilmember Putaansuu reported the Utilities Committee has not met, and a date has not been set for the Sewer Advisory Committee. Councilmember Ashby reported the next ED/Tourism Committee is September 14, directly after the Public Properties meeting at City Hall. Councilmember Chang reported that the Lodging Tax Advisory Committee may meet Monday at _4:00 p.m. Councilmember Cartwright reported the next Public Properties Committee meeting is September 14 at 8:30 a.m. Councilmember Lucarelli reported the Chimes & Lights Committee will meet September 14 and 28, October 19, and November 16. 9. MAYOR'S REPORT Mayor Matthes reported the August newsletter is available. He attended the Saints Cruz Car Show in conjunction with Fathoms O' Fun event. There were 15K-18K people attended. 10. REPORT OF DEPARTMENT DIRECTORS Minutes of August 11, 2015 Page 8 of 8 Public Works Director Dorsey reported the preconstruction meeting for the Bay Street Pedestrian Pathway Segment 4 is this Friday. He is pushing hard to meet the state grant deadline . The Bay Ford clean up was done well. City Treasurer Martin reported the budget packets were provided to the department heads, and the Finance Department is in the process of implementing an HR module for payroll. City Clerk Rinearson gave a report on the 125th Anniversary Committee. 11. CITIZENS COMMENTS Gerry Harmon spoke regarding the screen size and not being able to read documents that are displayed. She also reminded the Council that zones might cause problems . 12. EXECUTIVE SESSION An executive session was held at the beginning of the meeting. 13. ADJOURNMENT The meeting adjourned at 8:53 p.m. No other action was taken.