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09/08/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of September 8, 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, 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. EXECUTIVE SESSION At 7:00 p.m. Mayor Matthes recessed the meeting for a ten-minute executive session regarding potential litigation in accordance with RCW 42.30.llO(l)(i). City Attorney Morris and Development Director Bond joined the meeting and the Mayor announced that no action would be taken because of the executive session. At 7:10 p.m., Mayor Matthes extended the executive session for an additional five minutes. At 7:15 p.m., Mayor Matthes reconvened Council back into regular session. Mayor Matthes read into the record Resolution No. 032-06, to remind the public of the established guidelines for audience participation. 2. CITIZENS COMMENT Minutes of September 8, 2015 Page 2 of 8 Ms. Evelyn Hetrick, Peninsula Community Health Services, spoke regarding a new clinic at 1950 Pottery, Suite 170, that will have an open house on September 29. Mr. Chuck Cheng, former senior transportation planner for Kitsap County, encouraged the City to explore leaving PSRC and have a solo Regional Planning Transportation Organization (RPTO), as Thurston County does. The City would be in control of their money and comprehensive planning. Ms. Shelly Wilkerson questioned what was discussed at the meetings with Mr. Samadpour. She asked if the vision is to make ourselves a destination, or to bring in big business and condos. She said small business owners are unable to afford the high rents. Mr. Clancy Donlin, co-chair Hog Fest, commended the City for purchasing the 640 Bay Street property. He also asked the City Council to review the ordinance that describes the requirements for the banners that hang across Bay Street. Mayor Pro-Tem Ashby asked that this discussion be added on the Economic Development/Tourism Committee agenda for next week. Ms. Ashley Propes, graduate student and new resident, said she is interested in how citizens are interested in their memories. She invited the public to her two events that are part of her final thesis. One is tomorrow evening at Givens Community Center, Kitsap Room, 6:30-8:00pm, and the other is September 24, 6:30-8:00pm. Ms. Gerry Harmon commented on a remark from a previous council meeting about selling the 640 Bay Street and not caring about making a profit. She wants the City to get the very best price for the property so that money can go back into the general fund, and not just be given away. Mr. Brian Petro said when he was singing, he was promoting serious city business, the 125th Anniversary Celebration. He said singing was an expression of speech in America, and he will practice it. Ms. Elissa Whittleton asked if it was possible to bring the public and council together to explore implementing a derelict building ordinance. Mr. Nars Martinez spoke regarding the community needing to come together to find solutions. He would like to be informed. He looks forward to the Councilmembers visiting him at his shop to speak with him about his thoughts. He has a problem with Myhres. 3. APPROVAL OF AGENDA Minutes of September 8, 2015 Page 3 of 8 MOTION: By Councilmember Putaansuu, seconded by Mayor Pro-Tern Ashby, to approve the agenda as presented. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 64867 through 64951 totaling $$446,100.32; August Payroll Warrant Nos. 146531 through 146598 totaling $607,515.80; Electronic Payments dates 8/1/2015 thrqugh 8/31/2015 totaling $2,227.39; and Treasurer's check deposit totaling $1,941,298.08. B: Approval of a Contract with Everson EconoVac for 2015 Storm Drainage Catch Basin and Pipe Maintenance MOTION: By Councilmember Putaansuu, seconded by Councilmember Cartwright, approving the Consent Agenda. The motion carried. 5. PRESENTATION A. Proclamation: American Legion Day -Mayor Matthes presented the proclamation to Mr. Vance. Vaught, who thanked the City for their support and said the American Legion is going to work on reaching out more into the community and welcomes any ideas. B. South Kitsap Fire and Rescue-Levy Bond -Fire Chief Wright presented some information to the council regarding Proposition N·o. 1 for an upgrade of apparatus and fire and life safety equipment bonds for $4,900,000. 6. PUBLIC HEARING A. Public Hearing and Adoption of an Ordinance Repealing the Tremont Overlay Interim Regulations and Amending POMC 16.20.600-633 Staff Report: Development Director Bond presented the staff report, noting on February 24, 2015, the City Council passed an interim ordinance amending the Tremont Street Corridor Overlay District regulations. The Planning Commission reviewed the existing and interim regulations over the following months and worked to develop revised Tremont Street Corridor Overlay District regulations. At a public hearing in July, the Planning Commission ultimately voted to recommend repeal the Tremont Overlay District regulations rather than recommending approval of the revision that they had worked to draft. This recommendation was brought to the City Council and ultimately the City Council requested to conduct its own public hearing on the revision developed Minutes of September 8, 2015 Page 4 of 8 by the Planning Commission and to consider approving that ordinance amending the Tremont Street Corridor Overlay District regulations. Mayor Matthes opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:58 p.m. Council Consideration: -MOTION: By Councilmember Ashby, seconded by Councilmember Cartwright, to approve the Tremont Street Corridor Overlay District ordinance as presented. Council member Ashby stated this is similar to the interim regulations with some modifications. Councilmember Childs said he has a problem with not receiving the redline version of the Ordinance to see what the proposed changes are. The motion passed 5 to 2. Councilmember Childs and Lucarelli voted no. (ORDINANCE NO. 013-15) 7. BUSINESS ITEMS A. Adoption of an Ordinance Approving Interim Regulations for Permit Processing Staff Report: Development Director Bond presented the staff report, noting at the City Council Work Study meeting on August 18, 2015, the City Council was briefed on the need to update several sections of the City's Development regulations. It is particularly important that two sections, Subdivisions and Permit Processing, be updated as soon as possible. In response to Mayor Pro-Tern Ashby, City Attorney Morris said the procedure for adopting an interim zoning ordinance or moratorium is outlined in RCW 36.70A.390. She said permit processing is an official control in the sense that it does implement the subdivision ordinance and all of the other zoning ordinances. She added that the procedure being used tonight, whereby you review and adopt it tonight, and have a hearing 60 days from now to decide if you want to keep it in effect, is beyond what is needed. She advised staff use this process to provide more public participation and follow the same procedures as the subdivision ordinance. Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Ashby, to approve the interim permit processing ordinance as presented, to be effective immediately. In response to Councilmember Cartwright, Development Director Bond said he notified the stakeholders, and received a comment back from the Kitsap County Association of Realtors. The motion passed 5 to 2. Councilmember Childs and Lucarelli voted no. (ORDINANCE NO. 014-15) Minutes of September 8, 2015 Page 5 of 8 B. Adoption of an Ordinance Approving Interim Regulations for Subdivisions Staff Report: Development Director Bond presented the staff report, noting at the City Council Work Study meeting on August 18, 2015, the City Council was briefed on the need to update several sections of the City's Development regulations. It is particularly important that two sections, Subdivisions and Permit Processing, be updated as soon as possible. MOTION: By Councilmember Cartwright, seconded by Councilmember Chang seconded approving the interim subdivision ordinance as presented, to be effective immediately. In response to Mayor Pro-Tern Ashby, City Attorney Morris said the city legislative body would make the decision on whether a developer should require a bond after hearing the recommendation from the public works director. AMENDED MOTION: by Councilmember Clauson, seconded by Councilmember Putaansuu, to amend the ordinance to read: "The City Council in its sole discretion may waive the requirement that the public facilities or other improvements or dedications be completed/satisfied prior to the recording of the final plat. The city planning director, in his or her sole discretion, may waive the requirement that the public facilities or other improvements and dedications be completed/satisfied prior to the recording of the short plat or final binding site plan. Both of these situations apply as long as the applicant posts a bond in accordance with this section." The motion to amend carried. The amended motion passed 5 to 2. Councilmember Childs and Lucarelli voted no. (ORDINANCE NO. 015-15) Development Director Bond announced the Planning Commission will have a public hearing on September 21, 2015, at 7:00 p.m. on these interim ordinances. C. Approval of August 18, 2015, Council Work Study Session Minutes Council Consideration -MOTION: By Councilmember Putaansuu, seconded by Councilmember Clauson seconded approving the minutes of August 18, 2015. The motion passed 6 to 1. Councilmember Lucarelli abstained. D. Approval of August 25, 2015, Council Meeting Minutes Minutes of September 8, 2015 Page 6 of 8 Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Chang, approving the August 25, 2015, meeting minutes. Councilmember Clauson and Mayor Pro Tern Ashby will abstain, because they were not present at the meeting. The motion passed 5 to 2. Councilmember Clauson and Mayor Pro-Tern Ashby abstained. E. Approval of Public Event Application: Oktoberfest Staff Report: City Clerk Rinearson presented the staff report, noting City departments, the Fire Department, and Kitsap Transit have reviewed the applications and have submitted their recommendation and/or comments. Council Consideration: -MOTION: By Councilmember Ashby, seconded by Councilmember Putaansuu, to approve the public event application from Swimdeck, allowing them to hold their event using City streets and right-of-ways, including the closure of Fredrick Avenue and meet all conditions addressed by staff. The motion carried. 8. COMMITTEE REPORTS Councilmember Cartwright reported the Public Properties Committee will meet September 14 at 8:30am at City Hall. Councilmember Putaansuu reported the Utilities Committee met this evening and discussed creating a new class for sewer rates and stormwater vesting. Future facilities should have de~elopment agreements, and previously developed properties need to be reviewed by staff and the attorney on a case-by-case basis. He also gave a report on the Kitsap Transit board meeting. Councilmember Ashby reported the next Economic Development/Tourism Committee meeting is next Monday following Public Properties. She also gave a report on the Kitsap Regional Coordinating Council meeting held last week, and invited the Council to a legislative reception scheduled for November 12 at 5pm at the Clearwater Casino in Suquamish. Councilmember Chang reported the LTAC request for proposals was sent out today and they are due September 28 at 4:00 p.m. Councilmember Lucarelli reported the Chimes & Lights Committee is scheduled for September 14 at 3:30 p.m. at City Hall. Minutes of September 8, 2015 Page 7 of 8 Councilmember Childs reported KEDA will hold its third quarter meeting on September 17. He reported the Kitsap Bank Stadium dedication was successful on Friday night. 9. MAYOR'S REPORT Mayor Matthes shared that a US flag was presented to the City of Port Orchard during the 125th Anniversary from Congressman Kilmer, and it will be displayed at City Hall. He also shared a Certificate of Commendation awarded to the City of Port Orchard from Sons of the American Revolution. Mayor Matthes read a letter appreciation and commendation from Ms. Muyskens regarding the city workers' responsiveness and work ethic when she reported that blackberry bushes needed to be controlled. 10. REPORT OF DEPARTMENT DIRECTORS City Clerk Rinearson asked the Council for any projects they would like to be submitted to LTAC on behalf of the City. She reported about the Washington Cities Risk Management meeting she attended September 4 and new requirements that will be implemented in 2016 and 2017 from the City's insurer. 11. CITIZENS COMMENTS Mr. Stanley Smith spoke regarding the treatment he has received from City staff regarding an investment property he bought. Ms. Teresa Osinksi, Homebuilders Association, doesn't like that the interim ordinances were adopted tonight without a public process. She also said matrices could have been developed to track the changes. Mr. Mike Eliason, Kitsap County Association of Realtors, complimented the business owners that stayed until the end of the meeting. He complimented the Mayor and Council for the tone of this evening's meeting. Captain Sherry Barnhart asked if there was an official Port Orchard song. She suggested that she could provide the lyrics that were sung this weekend and see if they could be adopted as the City's song. Ms. Elissa Whittleton acknowledged everyone who participated in the 125th Anniversary. Mayor Matthes thanked Sharron King for her efforts. Minutes of September 8, 2015 Page 8 of 8 Mr. Nars Martinez asked if the volume could be turned up. He said attracting tourism to the town creates revenue; boarded up buildings is not a good thing. He added that parking downtown needs to be increased to three-or four-hour parking to allow time to eat and shop . Mr. Glen Wilkerson concurs with the parking situation that needs to be fixed. Two hours is not enough time to spend downtown. Mr. Brian Petro said the Myhre's owner has not owned the building for a year yet. He said permitting processes are too long and the City is creating bureaucracy. 12. EXECUTIVE SESSION An executive session was held at the beginning of the meeting. 13. ADJOURNMENT