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11/24/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting ofNove1nber 24, 2009 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at TOO p.m. Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Freel Olin, and Rob Putaansuu was present and constituted a quorum. Staff present: Public Works Director Mark Dorsey, Assistant City Engineer Archer, Development Director Weaver, City Treasurer Martin, Associate Planner Bonsell, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, and Assistant City Attorney Forbes were also present. Councilrnernber Powers was absent. A. Pledge of Allegiance Richard Brown led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Judd Turner Chair of the Sidney Art Museum, reconfirmed the museum should be not included in any proposals for the parking garage as the Museum Board was not interested in being temporarily relocated or included in the plans for the parking garage. Steve Dutton noted he represented the applicant for the Turtle Ridge project and \las available to answer any questions regarding this project. Diane Hubert voiced opposition to the Tremont roundabout, citing safety concerns. Vance Vaught voiced opposition to the Tremont roundabout and the proposed designation of the downtown core as an Urban Grov.1:h Center, noting this designation \l'oulcl not be a good fit for the City of Port Orchard. 3. APPROVAL OF AGENDA The following item was removed from the agenda: • . 4D Approval of Fireworks Permit: Festival of Chimes and Lights Councilmember Childs 1noved and Councihnember Putaansuu seconded the motion to approve the agenda. Minutes of November 24, 2009 Page 2 of 12 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 52660 through 52731 in the amount of $139,608.03 B. Approval of the November 10, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to December 15, 2009, at TOO p.m. at City Hall (Kirkpatrick) D. Approval of FiFevmrlcs Permit: Festival of Chimes and Lights (Kirkpatriek) Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to approve the Consent Agenda as amended. Upon vote, the motion passed unanimously; Councilmember Powers absent. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Public Hearing: Sanitary Sewer Facilities Comprehensive Plan Public Works Director Dorsey presented the staff report, noting on October 16, 2009, the City of Port Orchard issued a SEPA threshold Determination of Non-Significance (DNS) for the proposed 2009 Comprehensive Sanitary Sewer Plan Update ("Plan"), as prepared by BHC Consultants LLC. The City received comments on the SEPA determination from the West Sound Utility District, the City of Bremerton and McCullough Hill, PS (representing Overton & Associates Holdings, LLC). This public hearing meets the public participation phase of the Plan adoption process, as required by the Washington Growth Management Act (GMA) and the Revised Code of Washington (RCW). The next step in the adoption process is to incorporate and address the comments from the public hearing with previously received comments. It is anticipated the 2009 Comprehensive Sanitary Sewer Plan update will be adopted concurrently with the Port Orchard Comprehensive Plan Update, which is scheduled for adoption at the December 22, 2009, City Council Meeting. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:14 p.m. B. Public Hearing: Amendments to Title 16 Land Use Regulatory Code Development Director Weaver presented the staff report, noting in an effort to accommodate the efficient and equitable processing of development applications as well as implementing the goals and policies within the Port Orchard Comprehensive Plan, the Port Orchard Planning Department has worked with the Planning Commission under Council direction to develop proposed changes to the Port Orchard Municipal Code Title 16: Land Use Regulatory Code. Minutes of November 24, 2009 Page 3 of 12 B. Public Hearing: An1endments to Title 16 Land Use Regulatory Code Development Director Weaver presented the staff report, noting in an effort to accommodate the efficient and equitable processing of development applications as well as implementing the goals and policies within the Port Orchard Comprehensive Plan, the Port Orchard Planning Department has worked with the Planning Commission under Council direction to develop proposed changes to the Port Orchard Municipal Code Title 16: Land Use Regulatory Code. Planning Commission input and consideration was identified as an essential step for implementation and needed clarifications to our existing code and regulations that supp01t the goals and policies of our Comprehensive Plan. Meetings were noticed and held with the Planning Commission in January, February, March, and April of 2009. Draft code language was prepared as a result of the Planning Commission recommendations. Mayor Coppola opened the Public Hearing at 7:30 p.m. Martina Fears voiced opposition v->ith proposed higher impact fees for small businesses, noting she will not be able to start a small business due to the costs. Frank Tweten expressed concerns with Title 16, noting the City was zoning certain areas as Business Professional, which denied many professional businesses office space. While property owners could apply for a conditional use permit, that process could take many months and was an unnecessary expense. Winnie Smith voiced concerns that most citizens don't know the difference between Commercial and Business Professional zones or height restrictions, noting she main concern regarded the different zoning regulations and whether it will increase single-family residence (SFR) taxes and will the City protect those residences when taxes are being assessed. Development Director Weaver explained the difference between Business Professional and Commercial: Business Professional is a transitional area from Single-Family Residential to Commercial that supports governmental agencies or hospitals. He also indicated that approximately 28 parcels are affected by the proposed zoning language. There being no further testimony, Mayor Coppola closed the Public Hearing at T44 p.m. C. Public Hearing: Update to Port Orchard Municipal Code Title 18: Environmental Regulations Development Director Weaver presented the staff report, noting the Critical Areas Ordinance is intended to assist developers and land owners in gathering important site information for development on property V\>ithin the City of Port Orchard. All cities and Minutes of November 24, 2009 Page 4 of 12 ---------------------------------- counties under the GrmNth Management Act (GMA) are required to classify and designate critical areas through comprehensive planning and develop regulations to protect them. The ordinance contains specific regulations to protect critical areas that include the follmving categories and ecosystems, wetlands, streams, geologically hazardous areas, and frequently flooded areas. Port Orchard adopted its last Critical Areas Ordinance (CAO) on December 13, 1999, through Ordinance 1784. These proposed changes and additional definitions have been identified by staff as the required changes necessary to bring the Port Orchard into compliance with the identified Washington State requirements; and the only changes being made are to items that have been approved by the Planning Commission that match Kitsap County's Ordinance. Mayor Coppola noted the Grov.1h Management Area has not been updated since2004 and the Comprehensive Plan has not been updated since 1995. As a result the City has been out of compliance with the State and not eligible for any grants; now that both plans have been updated, the City is in compliance and eligible for grants. Mayor Coppola opened the Public Hearing at 7:51 p.m. George Warrington voiced opposition to the buffer zones, noting that they increased from 100 feet to 200 feet. Richard Brown voiced opposition to the proposed Title 16 changes, noting that he did not recall any significant changes that would suppott the City's proposed changes. Gil Michael voiced concerns with the increased buffer and urged the Council to reduce the buffer to 100 feet; and noted that as a member of the Planning Commission he did not vote in favor of the proposed changes. Ron Rice stated that during Kitsap County's process, the County could not provide supporting documentation that the changes were based on the best available science and he hoped the City was not going in the same direction of the County. In response to Councilmember Childs, Development Director Weaver indicated that although some buffers increased, some also were reduced making it balanced. The City only has one S1 stream type and it is Blackjack Creek of which the City owns a majority of the property that v,,jll be affected. Ti1n Matthes encouraged the Council and citizens to keep asking questions as this is a great learning experience and reminded the Council that they are able to revisit this item next year upon approval of the proposed changes. Gary Anderson urged the Council to reconsider that portion of the buffer on the southwest side of the Sedgwick intersection to the culvert that the buffer be reduced to 100 Minutes of November 24, 2009 Page 5 of 12 feet. Development Director Weaver stated he would look into that particular parcel and work with Mr. Anderson to come to some form of resolution. Mayor Coppola thanked those who testified, noting that he shares some of their same concerns. There being no further testimony, Mayor Coppola closed the Public Hearing at 8:08 p.m. D. Public Hearing: 2009 Amendn1ents to the Port Orchard Co1nprehensivc Plan Development Director Weaver presented the staff report, noting the Growth Management Act (GMA), RCW 36.70A requires that each city that plans under the GMA must periodically review, and, if needed, revise its comprehensive plan and development regulations every seven years to ensure compliance v.cith the Growth Management Act. These amendments were developed in consideration of the goals of the GMA for the development of local comprehensive plans, as codified at RCW 36.70A.020, and reflect a careful balancing of these goals within the local conditions of the City of Port Orchard. These amendments were developed from and are consistent with the Kitsap Countywide Planning Policies (CPPs). Further, Development Director Weaver explained that everything listed in Appendix F, attached to the Comprehensive Plan, identifies existing documents, policies, and plans mth minor policies that compliment the Puget Sound Regional Council's (PSRC) recommendations. Mayor Coppola opened the Public Hearing at 8:20 p.m. Tim Matthes noted there were two important items in Appendix F that were of concern. First, what will Port Orchard look like; and second what mil it cost the taxpayers. He urged the Council to not be fooled with "bending the trend" and that he had faith the City ,,cill obtain the necessary funding without the assistance of the Puget Sound Regional Council. Gerry Harmon voiced concern that the Puget Sound Regional Council (PSRC) is trying to change what our community is all about and encouraged the Council keep Port Orchard a small town. Bob Benze voiced oppos1t10n to Port Orchard being designated as an Urban Growth Center, noting he was not aware of any real benefit to the City if this would occur. Vivian Henderson voiced opposition to the Urban Growth Center, noting citizens ,,cill be cut out of the public process; lose property rights; and it will leave the schools and water and fire districts out of the process. Minutes of November 24, 2009 Page 6 of 12 Ron Ross voiced opposition regarding the Urban Growth Center, noting that PSRC will slowly transition Port Orchard into what they want, not what the residents want. Gil Michael voiced his support of items 1, 2, and 4 in the proposed Comprehensive Plan. However, he had concerns V1cith Appendix F and urged the Council to strike it from the proposed amendments indicating that PSCR should not dictate the density or character of our City; and that the Council revises their proposed parking garage plan to exclude the Sidney Art Museum. Richard Brown urged the Council to read Appendix F to fully understand the dangers of becoming an Urban Grown Center before approving as the proposal is basically supporting the PSRC's 2040 Vision Plan. George Warrington stated that should the Council insist on approving the Urban Grown Center Plan, Appendix F, they should consider the option of withdrm,cing from the agreement if it doesn't go in the direction they perceive. Dan Defenbaugh encouraged Councilmembers to become educated on what is happening with Puget Sound Regional Council and how becoming an Urban Growth Center will affect our community. He thanked the Council and Mayor for being fiscally responsible and for all of the changes that are happening within the community. There being no further testimony, Mayor Coppola closed the Public Hearing at 9:02 p.m. E. Public Hearing: Sidney-Pottery Multi-Modal Corridor Plan Associate Planner Bonsell presented the staff report, noting The Sidney-Pottery Corridor Plan is a community based transportation study focused on Sidney Road SW and Pottery Avenue between SedgV1cick Road to the south and Tremont Street to the north. The Port Orchard City Council determined that Port Orchard's residents would be better served by advance planning V1cithin the corridor area to insure that consistent infrastructure development occurs for future commercial and multi-family uses. Under direction of the City Council, the Planning Commission coordinated Vlcith City staff in creating and planning a development strategy for the Sidney-Pottery Roadway Corridor. The Planning Commission implemented the vision through a subcommittee intended for that sole purpose. The subcommittee included a variety of stakeholders, including three members of the Planning Commission, affected and adjacent property owners, developers, and interested members of the public. It met once a month for three months to discuss elements and aesthetics of the corridor. The subcommittee discussions resulted in three alternatives provided to the Planning Commission to assist in the creation of uniform roadway standards for consistency along the entire corridor. The Sidney /Pottery Corridor Plan accommodates the community's desire to have a safer, pedestrian friendly, parkway linkage that knits Sidney Road and Pottery Avenue into the fabric of the community while Minutes of November 24, 2009 Page 7 of 12 facilitating the requirements and standards associated v.,ith the operation of a City thoroughfare. The Plan reconfigures the roadway from a 2-lane rural standard configuration to a minimum of a 3-lane configuration with commuter bike lanes, parking improvements, accommodation for transit, and streetscape character improvements. Promoting a vision for a safer, more aesthetically pleasing and bike friendly corridor all \\,ithin the framework of City Road Standards is clearly articulated as a primary goal of this plan. Mayor Coppola opened the Public Hearing at 9:07 p.m. Bek Ashby reported the Planning Commission wanted the plan to be something that could be accomplished and reasonable, noting the purpose was to move traffic north and south in an efficient manner and that the Commission had only looked at traffic flow; therefore signage was not addressed. Richard Brown complimented Associate Planner Bonsell on a job well-done with the Committee to ensure all parties involved were heard and a part of the process. Ron Rice noted the City should be paying for the expense of the roads, not the developers, 11,ith the City being reimbursed as the development was completed. There being no further testimony, Mayor Coppola closed the Public Hearing at 9:17 p.m. At 9:28 p.m. Mayor Coppola reconvened the meeting after an eleven-minute recess. 7. BUSINESS ITEMS A. Adoption of Resolution No. 114-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local 589 -Police Support Staff Assistant City Attorney Forbes presented the staff rep01t, noting the Collective Bargaining Agreement has been ratified by the Police Support Staff bargaining unit and executed by the union's representative. · Councihne1nber Clauson MOVED and Councilmember Colebank seconded the 1notion to ratify the terms of the Collective Bargaining Agreen1cnt with Tean1sters Local 589 representing the Police Support Staff bargaining unit and authorize the Mayor to execute the same. Upon vote, the nwtion passed unaninwusly; Councihnen1be1· Powers was absent. Minutes of November 24, 2009 Page 8 of 12 B. Adoption of Ordinance No. 027-09, Making a Declaration of Substantial Need for Purposes of Setting the Limit Factor and Protecting Future Levy Capacity City Treasurer Martin presented the staff report, noting that at its November 10, 2009, Council meeting Ordinance No. 025-09, was adopted setting the amount of property taxes to be levied for the year 2010. In 2009, the City had grown to a population greater than 10,000, and for cities of ten thousand or greater state law allows increasing its budget by up to the Implicit Price Deflator (IPD) or one percent, whichever is lower, from the highest lawful levy unless the City Council passed a substantial need ordinance. Because the IPD is less than one percent, to raise the levy to anything above the IPD or to bank excess levy capacity, required the adoption of a second ordinance commonly referred to as substantial . need. The substantial need ordinance failed, resulting in a statutory levy factor of 99.152 percent. At its November 17, 2009, study session the Council requested that a substantial need ordinance be prepared that protects future levy capacity and provides for setting property tax to be levied for 2010. The Council directed an increase (exclusive of adjustments for new construction and certain other factors) of zero percent (0%) over the maximum allowable levy for 2009. This requested substantial need ordinance makes a finding that there is a substantial need and sets the limit factor at 101% for purposes of calculating the maximum allowable levy amount for the 2010 levy to preserve the city's levy capacity in the event this levy capacity is needed in future years and allows the Council to accomplish its stated directive to levy a "o percent" increase over the maximum allowable levy for 2009. RCW 84.55.0101 requires a finding of substantial need of a majority plus one approval of the board when the board consists of more than four members. Councilmember Olin voiced opposition to the 101% substantial need, and would not support bank capacity. Councilmember Putaansuu voiced support of the 101% substantial need and bank capacity. Councilrnember Chang voiced opposition to the 101% substantial need and bank capacity and stated he would be voting no on the proposed ordinance. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 027-09, n1aking a declaration of substantial need for purposes of setting the limit factor and protecting future levy capacity; and reducing the levy amount in Ordinance No. 025-09, to an an1ount equal to a $0 (0%) increase over the 2009 levy mnount exclusive of adjustments attributable to new construction, improve1nents to property, any increase in the values of state assessed property and any annexations that have occurred. Minutes of November 24, 2009 Page 9 of 12 Councihne111ber Putaansuu MOVED and Councilmen1ber Clauson seconded the n1otion to a111end Ordinance No. 027-09, striking reference to 101% and changing to 100% with no banked capacity. Upon vote, the nwtion to aniend passed unanimously; Councilmembe1· Powel's was absent. Upon vote, the 1nain nwtion as mnended passed unaniniously; Councilnienibel' Powel'S was absent. C. First Reading of Ordinance No. 028-09, Amending Port Orchard Municipal Code 15.32 Stormwater Management Assistant City Engineer Archer presented the staff report, noting in January of 2007, the Washington State Department of Ecology issued a National Pollutant Discharge Elimination System (NPDES) Phase II municipal storm water permit to the City of Port Orchard under its delegated authority to implement requirements of the federal Clean Water Act. The NPDES storm water permit pertains to municipal storm sewer systems that discharge to surface waters (such as streams, lakes, and bays) and which are not part of a combined storm and sanitary sewer system. The City's Phase II permit identifies minimum control measures, technical thresholds, and definitions for development, redevelopment and construction site runoff that must be implemented in order to be compliant ,vith this permit. One of the requirements includes the legal authority, through the approval process for new development, to inspect private stormwater facilities that discharge to the City's Municipal Separate Storm Sewer System. Fortunately, the City's existing ordinance already had several of the necessary pieces implemented, but required additional information in some areas. One of the areas that expanded was the Minimum Site Development Requirements, section 15.32.065, previously this was part of 15.32.070, but clue to the importance and amount of this information a new section of code was created. The proposed ordinance addresses all of the items required by the City's NPDES permit and conforms to the guidance document published by the Department of Ecology. Councilmember Putaansuu MOVED and Councilmen1ber Colebank seconded the motion to accept Ordinance No. 028-09, an1ending Port Orchard Municipal Code Chapter 15.32 "Stormwater Manage111ent" in first reading and move to second reading and adoption at the December 8, 2009, Council meeting. Upon vote, the motion passed unani111ously; Co11ncil11iembe1' Powel's was absent. Councilme111ber Clauson moved and Councihnember Chang seconded the motion to extend the meeting through the conclusion of business items. Upon vote, the ,notion passed with five affinnative votes and one dissenting vote. Co11ncil111e111be1' Colebanlc cast the dissenting vote; Co11ncilme111bel' Powel's was absent. Minutes of November 24, 2009 Page 10 of 12 D. Adoption of Resolution No. 115-09, Turtle Ridge Preliminary Plat Request for Waiver from City Council Resolution No. 1971 Development Director Weaver presented the staff report, noting on February 27, 2009, the City of Port Orchard received a request to subdivide 8.8 acres into nine lots from Steve Dutton on behalf of Maureen Batta. The City reviewed the proposal for environmental impacts and on April 3, 2009, issued a Mitigated Determination of Non Significance (MDNS). The City reissued the MDNS '\\,jth the correct number of lots ,\,jthin the description. The City prepared a staff report and reviewed the proposal for conformance ,\,jth applicable regulations and policies. On September 24, 2009, the Hearing Examiner held an open record hearing on the preliminary plat request. Members of the public submitted comments and testified on the proposed plat. Mr. Steve Dutton submitted to the Hearing Examiner a petition from the Caseco Lane neighborhood in support of the Turtle Ridge Preliminary Plat with an attached preliminary road improvement Plan to be constructed prior to final plat approval by the City Council. On October 5, 2009, the Hearing Examiner approved the preliminary plat with conditions. Assistant City Attorney Forbes reminded the Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. Assistant City Attorney Forbes asked if any Councilmember had any ex-parte communication with anyone regarding this application. There was no response from any Councilmember. Assistant City Attorney Forbes further asked if any Councilmember had any financial interest in this property, with the applicant or representative of the applicant, either directly or indirectly relating to the property involved. There was no response from any Councilmember. Assistant City Attorney Forbes asked if any Councilmember had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. There was no response from any Councilmember. Assistant City Attorney Forbes asked if any member of the audience felt any of the Councilmembers should not participate in the hearing. There was no response from any audience member. Mayor Coppola opened the floor for public testimony at 9:58 p.m. Charles Hausted voiced support of the waiver, noting approval of this project would needed improvements to the road. There being no further testimony, Mayor Coppola closed the floor for public testimony at 9:59p.m. Councilmember Colebank moved and Councilme1nber Olin seconded the motion to approve Resolution No. 115-09, to allow a waiver from City Council Resolution No. 1971. Upon vote, the motion passed unaniniously; Councilnien1be1• Powe1·s was absent. Minutes of November 24, 2009 Page 11 of 12 E. Adoption of Resolution No.116-09, Declaring Thursday, Dece1nber 24, 2009 and Thursday December 31, 2009, as a City Hall Closure City Clerk Kirkpatrick presented the staff report, noting in previous years the Council has closed City Hall either the day before or after when Christmas Day and New Year's Day fall on a weekday. This year, Christmas and New Year's Day fall on a Friday and staff anticipates minimal public use of City services on either Thursday, December 24, 2009, or Thursday, December 31, 2009. Staff will have the option of using accrued leave (vacation, personal leave, floating holiday, or comp time), taking leave without pay, or working that day. Councihnen1ber Colebank moved and Councilmen1ber Olin seconded the motion to adopt Resolution No. 116-09, declaring Thursday, Dece1nber 24, 2009 and Thursday, December 31, 2009, as a City Hall closure and allow staff to either work that day, take leave without pay, or use accrued leave. Upon vote, the nwtion passed with five affinnative votes and one dissenting vole. Councilme111ber Clauson cast the dissenting vote; Councilmeniber Powers was absent. 8. CITIZENS COMMENTS There were no citizen's comments. 9. COMMITTEE REPORTS Councilmember Childs announced Saturday, November 28, 2009, was the Movie Premier and Black Tie Reception featuring Debbie Macomber's movie "Mrs. Miracle," noting 100% of the proceeds will be going to support the Port Orchard Library and to help fund the South Kitsap High School Marching Band effmts to participate in the Rose Bowl Parade. Councilmember Colebank reported he attended the Peninsula Regional Transportation Planning Organization Committee meeting where the Committee received an update on the Transportation Plan, Statewide Multi-mortal Plan, and the Statewide Highway System Plan. Councilmember Clauson reported he met with Eric Baker with Kitsap County and Development Director Weaver regarding the Revenue Sharing Agreement of which both parties had an eye-opening experience of each other's concerns and that the City will be sending Kitsap Regional Coordinating Council the City's second notice of 1,vithdrawal. Councihnember Clauson moved and Councilmember Colebank seconded the motion to n1ove the 2010 Budget Special Work Study Session to Wednesday, Dece1nber 2, 2009. Upon vote, the 1notion passed unaninwusly; Councibne111ber Powers was absent. Minutes of November 24, 2009 Page 12 of 12 10. MAYOR'S REPORT Mayor Coppola reported on the following; • Was back in the hospital, but is recovering; • Attended the Long Range Planning Retreat with Kitsap Transit; • Met with a developer interested in a public/private partnership regarding the proposed parking garage; • Attended the Chamber Luncheon; · • Attended the Legislative Committee Meeting; • Met with Representative Seaquist; • Attended the Port Orchard Party Mayor Coppola congratulated Police Chief Townsend for his service as a mentor in the International Association of Chiefs of Police: New Police Chief Mentoring Project. 11. REPORT OF DEPARTMENT HEADS City Clerk Kirkpatrick announced the next Chamber Legislative Committee meeting will be held on Wednesday, December 16, 2009, at 8:oo a.m. at City Hall, noting the speaker will be newly-elected Port Commissioner Zabinski; and there will be a Pre-Legislative Reception being held on January 5, 2010, at 5:30 p.m. tentatively scheduled at the Port Orchard Pavilion. In response to City Clerk Kirkpatrick, Council directed staff to add a discussion item on Branding to the December 15, 2009, Work Study Session. Development Director Weaver announced the City has received a grant to obtain a new 13 passenger van for trail and park construction. Treasurer Martin thanked Council and staff for their patience with him during his first budget cycle with the City, noting it was a pleasure to work with such a professional group. Public Works Director Dorsey reported the Seawall project will be ready to go out for bids in February /March. 12. ADJOURNMENT yor Coppola adjourned the meeting.