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10/27/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 27, 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 Council member Chang Councilmember Childs Councilmember Clauson Councilmember Lucarelli Councilmember Putaansuu Mayor Pro-Tern Ashby Mayor Matthes Excused Present Present Present Present Present Present Present Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Deputy City Clerk Fernandez, Court Administrator Hunt, 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. Kathleen Wilson spoke in favor of the YMCA feasibility study. Ms. Amy Miller spoke in favor of the YMCA feasibility study. 3. APPROVALOFAGENDA MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs, to approve the agenda as presented. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 65199 through 65268 totaling $342,274.28 B. Approval of October 13, 2015, Council Meeting Minutes Minutes of October 27, 2015 Page 2 of 10 C. Approval of a Grant Agreement with the Washington State Office of Public Defense for Public Defense Grant Funds (CONTRACT NO. 077-15) D. Approval of a Contract with Administrative Office of the Courts for Interpreter Funding Reimbursement (CONTRACT NO. 078-15) E. Approval of a Grant Agreement with the Washington State Recreation and Conservation Office for the Construction of McCormick Village Park Phase 2 (CONTRACT NO. 079-15) F. Approval of a Grant Agreement with the Washington State Recreation and Conservation Office for Acquisition of Property for the Bay Street Pedestrian Pathway-Mosquito Fleet Trail (CONTRACT NO. 080-15) G. Approval of Excusing Councilmember Cartwright from Tonight's Meeting MOTION: By Councilmember Putaansuu, seconded by Councilmember Clauson approving the Consent Agenda. MOTION: By Mayor Pro-Tem Ashby, seconded by Councilmember Putaansuu, to add to the consent agenda the approval of excusing Councilmember Cartwright from this evening's meeting. The motion to amend carried. The motion to approve the amended consent agenda carried. 5. PRESENTATION A. Port Orchard Clean Up Update -Mr. Mick Hersey gave a presentation on the Clayton Park Clean Up Project and presented certificates to some of the project volunteers. B. Water/Sewer Rate Presentation -Ms. Katy Isaksen gave a presentation on the Water Sewer Gap Analysis. Presentation highlights included: water rate outlook (water program costs, water capital program (CIP), residential water rate structure, larger water meter rate structures), sewer rate outlook (sewer CIP program, sewer rate structures, impacts on sample customers, comparable 2015 water bills), and next steps. 6. PUBLIC HEARING A. First Reading and Public Hearing Regarding the Proposed 2015 Water and Sanitary Sewer Rate Increase Staff Report: Public Works Director Dorsey presented the staff report, noting the City of Port Orchard approved Contract No. 033-14, with Katy Isaksen & Associates, Inc. to prepare the 2014-2015 Water/Sewer Gap Analysis. The purpose of the analysis, to be prepared in coordination with the 2015 Comprehensive Plan Updates for Water and Sanitary Sewer, was to develop a financial plan and six-year rate outlook for funding utility operations, debt repayment, and capital improvements with the output being the impact on rates to complete the identified water and sanitary sewer programs. Along with the proposed rate increase(s) for Water and Sanitary Sewer (attached herewith), amendments to POMC 13.04 will be required. Mayor Matthes opened the Public Hearing at 7:29 p.m. Minutes of October 27, 2015 Page 3 of 10 Ms. Gerry Harmon said she is upset the Council never renegotiated with sewer treatment plant to get rid of the ERUs. Ms. Teresa Osinski, Home Builders Association, said the rate increases are alarming. She asked for the increases to be slowly integrated. Ms. Elissa Whittleton questioned ifthe UGA could be reduced and if it would affect the rates. A citizen said fixed rate seniors do not get income increases to afford these additional rates. She wondered what allowances would be made for seniors. Mr. Gary Anderson said the extended UGA's are served by West Sound Utility District, so it would have no impact on the rate structure. He feels the UGA size needs to be retained. Mr. Nick Whittleton is concerned about the 43 percent overhead for water. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:35 p.m. B. Public Hearing on the Continuation of the Interim Ordinance No. 014-15, Regulations for Permit Processing, Replacing Port Orchard Municipal Code Sections 16.06 and 16.07 with a New Title 23 Staff Report: Development Director Bond presented the staff report, noting staff recommends that the City Council vote to continue Ordinance No. 014-15, after the public hearing, because the conditions, which lead to the need for Ordinance No. 014-15, have not changed. Staff will continue the review of the ordinance before the Planning Commission and will bring back an ordinance for permanent adoption within the required timelines. Findings in support of continuing the ordinance will be prepared and brought forward for adoption at the next meeting if the City Council votes to continue the interim ordinance. Mayor Matthes opened the Public Hearing at 7:37 p.m. Mr. William Palmer, Kitsap Alliance of Property Owners, questioned the process of an emergency that prompted the need for these interim ordinances. He also highlighted issues he found in the ordinances. He presented the council a letter addressing issues he found with Ordinance Nos. 014-15 and 015-15. Ms. Teresa Osinski, Home Builders Association, spoke against continuing the interim ordinances, and the process used. She said the people who use the code were not consulted, and concluded there was no emergency behind the interim code change. Mr. Brian Petro said there was no reason to do the emergency action. He felt the process in place does not give access to the public. Minutes of October 27, 2015 Page 4 of 10 Ms. Elissa Whittleton recalled the reasoning behind the interim ordinance was to protect the City from litigation, and said the City Attorney is a land use specialist. She does not want to go back to the previous code. Mr. Nick Whittleton, Planning Commissioner, said the Development Director could not share with the Planning Commission what was discussed in executive session with the Council. He said it is hard to make a decision without knowing what the real problem was. Mr. Mike Eliason would like people to identify themselves when they speak at the podium. There being no further testimony, Mayor Matthes closed the Public Hearing at 8:00 p.m. Councilmember Clauson said he was going to vote no, because he missed the meeting when the interim ordinance was adopted, and is unaware of the risks associated with the previous code. Development Director Bond shared that the Hearing Examiner felt the interim code was a major improvement over the previous code. He also shared that there are permits pending review, and if the city reverts to the old code, the process is going to be disrupted. He suggested having another executive session to discuss the risks with the Council again. City Attorney Morris said unfortunately she was not notified of the Planning Commission hearing. After the meeting, Development Director Bond asked her to draft a comparison of the two ordinances with regard to the existing code for the planning commission. She is currently drafting that comparison, and it will be available for the next Planning Commission Hearing. All staff is asking tonight is for the Council to allow the interim ordinance to remain in place. The public process is being followed. Mr. Palmer's letter received tonight is the first set of substantive comments she has received from the public. She will address the comments and provide a response to them for the planning commission. It would be very disruptive for the Council to repeal the ordinances and go back to the existing code. She offered to discuss the existing code problems in executive session if the Council wished to do so. In response to Councilmember Putaansuu, Development Director Bond said the next Planning Commission meeting is November 16. Councilmember Putaansuu expressed serious reservations about the process. Councilmember Childs said he is concerned about the wholesale rewriting of the codes that has occurred. And each occasion has been due to an emergency or risk of litigation. He feels he is going to vote no. Mayor Matthes reiterated the Hearing Examiner's feedback. Mayor Pro-Tern Ashby said she was also absent when the interim ordinances were enacted, and does not know the reasons for the action. She wondered if the Council should hold an executive session to learn the reasons. She would be willing to have that executive session. Minutes of October 27, 2015 Page 5 of 10 In response to Councilmember Lucarelli, Development Director Bond said he doesn't have a current count of building permits that they are processing; however, there are four major land use permits being processed right now. At 8:10 p.m., Mayor Matthes recessed the meeting for a 15-minute executive session regarding potential litigation in accordance with RCW 42.30.llO(l)(i). City Attorney Morris and Development Director Bond were invited to attend. At 8:25 p.m., Mayor Matthes extended the executive session for an additional five minutes. At 8:30 p.m., Mayor Matthes reconvened the Council back into regular session. City Attorney Morris described the major defects of what can be discussed in open session of the subdivision and permit processing ordinances. She recommended the continuance of the interim ordinances, so they can be processed through the planning commission. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Mayor Pro-Tern Ashby, to continue the effect of interim zoning Ordinance No. 014-15, in accordance with Sections 9 and 10 of Ordinance No. 014-15, for a period of 60 days, and in addition to that, he requests that the City Attorney and the planning staff provide a matrix of the changes that will be included or are included in this interim ordinance to be given to the planning commission in time for their upcoming public hearing, as well as a letter outlining these specific issues shared tonight. Councilmember Putaansuu stated he was dissatisfied that there was no matrix as they have requested in the past. The motion carried. C. Public Hearing on the Continuation of the Interim Ordinance No. 015-15, Subdivisions, Replacing Port Orchard Municipal Code Section 16.27 with a New Title 26 Staff Report: Development Director Bond presented the staff report, noting staff recommends that the City Council vote to continue Ordinance No. 015-15, after the public hearing, because the conditions, which lead to the need for Ordinance No. 015-15, have not changed. Staff will continue the review of the ordinance before the Planning Commission and will bring back an ordinance for permanent adoption within the required timelines. Findings in support of continuing the ordinance will be prepared and brought forward for adoption at the next meeting if the City Council votes to continue the interim ordinance. Mayor Matthes opened the Public Hearing at 8:39 p.m. Mr. William Palmer spoke regarding the process of citizen input and how there will not be citizen review ahead of the planning commission reviewing the ordinances. Minutes of October 27, 2015 Page 6 of 10 Development Director Bond said the documents were distributed to the Kitsap Alliance of Property Owners, Home Builders, and Realtors in late August/early September. They have done outreach to solicit comments. Mr. William Palmer highlighting various concerns that are in the letter he provided the City Clerk. He wants these issues addressed prior to the ordinances being considered by planning commission. to make a recommendation. He wants an impaneled committee to go through the provisions ofthe ordinances. Ms. Teresa Osinski appreciated they had the attorney talk about some of the deficiencies. She still feels like there is no emergency, and if there was imminent litigation, that issue should have been addressed. She wants the changes vetted and reviewed by the stakeholders. She asked the Council to demand a process. Ms. Elissa Whittleton offered that the public is not privy to the executive session information. She commends the attorney for finding the gaps. She knows the stakeholders received the interim ordinances earlier. She said the public has an opportunity to submit their comments. She appreciated not being subject to potential litigation. Mr. Gary Anderson said he feels the emergency is tied to the interim ordinances. He doesn't understand how the City can be two months down the road, and all the decision makers are finding out about it today. Ms. Gerry Harmon clarified the majority of the Council knew about the emergency from a previous executive session. Two Council members were missing at that meeting. Mr. Mike Eliason thanked the City for including the realtors, home builders, and KAPO in the process after the first executive session by sending the information to them for review. There being no further testimony, Mayor Matthes closed the Public Hearing at 8:59 p.m. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Putaansuu, to continue the effect of interim Ordinance No. 015-15, in accordance with Sections 9 and 10 of Ordinance No. 015-15, for 60 days, and in addition to that, he requests that the City Attorney and the planning staff provide a comparison matrix of the changes that will be included or are included in this interim ordinance to be given to the planning commission in the next two weeks, and a letter outlining these specific issues shared tonight to be provided to the Planning Commission and Council. Councilm.ember Clauson expects the stakeholders will have an opportunity to provide their comments to the Planning Commission, and they will take all of that into consideration before a recommendation is made to the Council. Council member Childs said people want interaction. He would be in favor of allowing the stakeholders to sit down at the table and discuss these issues with the City. Development Director Bond clarified that this item will be discussed at the next Planning Commission, but it is not noticed for a public hearing at this time. That will come later. The motion carried. Minutes of October 27, 2015 Page 7 of 10 Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember Lucarelli, to have staff put into place a special meeting to have a discussion on these two public hearing interim ordinances in order for the stakeholders to come in and participate with Council and staff to discuss them. Discussion was held regarding the logistics of the proposed meeting. The special meeting will be held after the comparison matrix is produced and before the Planning Commission's public hearing on the two ordinances. The motion carried. At 9:15 p.m., Councilmember Childs left the meeting. 7. BUSINESS ITEMS A. Second Reading and Adoption of an Ordinance Amending the 2015 Budget Staff Report: City Clerk Rinearson presented the staff report, noting this is the second reading of an Ordinance amending Ordinance No. 020-14, Adopting the 2015 Budget, which reflects $145,000 from Real Estate Excise Fund No. 109 to Capital Construction Fund No. 302 to purchase property located at 640 Bay Street, Port Orchard, Washington. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Chang, to adopt an Ordinance amending the 2015 Budget for the City of Port Orchard. The motion carried. (ORDINANCE NO. 018-15} B. Adoption of an Ordinance Amending the Maximum Penalty for Gross Misdemeanors to be Consistent with State Law Staff Report: Court Administrator Hunt presented the staff report, noting the Court is requesting the City's Code be amended to be consistent with RCW 9A.20.021, to allow charging documents and sentencing documents to be consistent with State law. The requested change would include replacing the language "not to exceed one year" with "for a maximum term fixed by the court of up to three hundred sixty-four days." Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Putaansuu, to adopt an ordinance, amending the Maximum Penalty for Gross Misdemeanors to be consistent with State law. The motion carried. (ORDINANCE NO. 019-15} C. Approval of Public Event Application: Trunk or Treat Minutes of October 27, 2015 Page 8 of 10 Staff Report: City Clerk Rinearson presented the staff report, noting in the application has been vetted through staff and recommends approving the public event application for a Trunk or Treat event on Saturday, October 31, 2015. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Lucarelli, to approve the public event application for Capital Christian Center to hold their public event using a portion of City parking lots, as presented. Discussion was held regarding the problem of drivers not seeing the parking closure signage, and having to tow their vehicles. The motion carried. D. Approval of Dedicating Funds to the South Kitsap Community Center Feasibility Study Staff Report: City Clerk Rinearson presented the staff report, noting at the October 20, 2015, Work Study Session, Jessie Palmer, Grants and Government Relations Director for the YMCA of Pierce and Kitsap Counties, provided an update on the efforts to conduct a South Kitsap Community Center Feasibility Study. He also asked the City to considering paying part of a feasibility study for a community center in South Kitsap. City Attorney Morris reviewed her memo regarding whether the expenditure could be considered a gift of public funds. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Clauson, to direct staff to contribute $3,000 to a Community Center Feasibility Study in the South Kitsap area. An alternative was offered by the YMCA that the City could contribute directly to the consultant, versus the YMCA. Councilmember Clauson stated it was a good distinction regarding the arrangement of working directly with the consultant, and his expectation is that the City will receive a copy of the study. Councilmember Putaansuu followed up with Commissioner Garrido when they conducted the Silverdale study. One of the key points is public purpose, and the feasibility study is for public purpose on whether the community wants a facility. In response to Councilmember Chang, Councilmember Clauson said he felt the study was to determine if the community would support a community center in the area. Not knowing what the community wants makes it hard to say where it should be located. Councilmember Ashby would not support a study for a YMCA, but she will support paying a consultant for a study for a community center, which is generic and is not for any particular organization. The motion carried. 8. COMMITIEE REPORTS Minutes of October 27, 2015 Page 9 of 10 Councilmember Clauson encouraged the Council to let the Finance Committee know what they are interested in having in the 2016 budget. Councilmember Ashby reported the next ED/Tourism Committee meeting is scheduled for November 9, following the Public Properties Committee meeting. She said the County is going to be releasing their early preliminary draft of the 2016 comprehensive plan and holding an open house on November 10, 5-7 p.m. There are three alternatives to the UGA. She would like the Council to review and discuss the three alternates at the November Work Study, and will ask that it be discussed at the ED/Tourism committee meeting. She reported the Public Properties Committee meeting is scheduled for November 9, at 8:30 a.m. She reminded the Council that the KRCC Legislative Reception is November 12, and the next KRCC meeting is November 2. She read a report into the record on behalf of Councilmember Childs regarding the KEDA Decision Makers meeting. Councilmember Putaansuu gave a report on Kitsap Transit's Kitsap Ride program. Councilmember Chang reported the Sewer Advisory Committee reviewed the capital and operating budgets to date. The trend is getting closer to 50/50 parity, which might happen by 2020. Councilmember Lucarelli reported the next Chimes & Lights Committee meeting is November 16, at 3:30 p.m. They are almost set to put out the public schedule of events, and the take-ones should be in the utility billing soon. 9. MAYOR'S REPORT Mayor Matthes reported Bay Street Pedestrian Bridge Ribbon Cutting is scheduled for Friday November 6, at 2:00 p.m. 10. REPORT OF DEPARTMENT DIRECTORS Development Director Bond reported the RFQ for the McCormick Woods Park Phase 2 received only one proposal from Jones and Jones. Council directed staff to schedule a meeting with the contractor and the Public Properties Committee to discuss the proposal. 11. CITIZENS COMMENTS Mr. Stanley Smith spoke regarding his property on Bay Street. He wants to know when the stop work order will be lifted and if plants and bark are part of the shoreline exemption cost. Ms. Gerry Harmon spoke regarding the work a previous committee did on determining what the community would like in terms of a community center and asked if that information could be shared with Minutes of October 27, 2015 Page 10 of 10 the consultant . She also felt the process should be changed regarding citizen participation for the water rate increases . She also thanked Public Works Director Dorsey, Development Director Bond, and City Attorney Morris for all of their hard work and for protect ing the City better than they are being given credit for. Mr. Bill Christenson inquired about the status of the derelict building ordinance. He would like Myhres to be inspected again to make sure it is safe to walk by. Mr. Mike Eliason complimented the Mayor and City Attorney for citing the reasons for going into executive session . He wonders if they have to announce who would be joining them. He also noted that he was told by WSUD and Kitsap County that the City's administration has said the UGA will stay the same, or could be reduced in size . He would like to receive that letter. He was glad to see the police department at the meetings again . And he apologized to Councilmembers Childs and Lucarelli for being accused online that they are criminals. Mr. Brian Petro concurred with Mr. Eliason's last statement. He . reminded the council on the history of population allocation . He also spoke regarding boundary line adjustments and asked someone to help Mr. Smith. Ms. Elissa Whittleton said Ms. Isaksen alluded to the fact that we have a huge UGA and need to accommodate for it in the comp plan. She wonders what would happen if the boundaries were modified. 12. EXECUTIVE SESSION An executive session was held during Public Hearing 68 . 13. ADJOURNMENT The meeting adjourned at 10:05 p.m. No other action was taken.