11/15/2011 - Work Study - MinutesCity of Port Orchard
Council Meeting Minutes
Work Study Session of November 15, 2011
1. 7:00 p.m. Call to Order
Mayor Coppola called the meeting to order at 7=00 p.m. Mayor Pro-Tem John Clauson and
Councilmembers Fred Chang, Carolyn Powers, Rob Putaansuu, Fred Olin, Jerry Childs, and
Jim Colebank and was present. Police Chief Alan Townsend, Public Works Director Mark
Dorsey, Development Director James Weaver, Associate Planner Jennifer Haro, City Clerk
Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, City Treasurer Allan Martin, Assistant City
Attorney Jennifer Forbes, and City Attorney Greg Jacoby were also present.
2. Discussion:
a. Council Committee Assignments
After a brief discussion, Council came to a consensus that this item should be placed on the
January Work Study Session.
Council Direction: Council directed staff to bring this item back at the January 17, 2012
Work Study Session.
b. December Meeting Schedule
After a brief discussion, Council came to a consensus that so as long as all City business could
be conducted at the December 13, 2011, meeting, they favored cancelling the Tuesday,
December 20, 2011, Work Study Session and postponing the Tuesday, December 27, 2011,
Council meeting.
Council Direction: Council directed the City Clerk to advertise cancellation of the December
20, 2011, Work Study Session; to postpone the December 27, 2011, regular meeting; and to add
final approval for the second Payroll and Warrants to the January 10, 2012, agenda.
c. Holiday Good Neighbor Awards
After a brief discussion, the Council came to a consensus that weather permitting they would
conduct a tour around the City to scout for the best neighborhood, business, and resident
showing the most holiday spirit. The tour would leave City Hall on Tuesday, December 20,
2011, promptly at s:oo p.m.
Council Direction: Council directed staff to advertise that the Mayor and Councilmembers
would be touring the City and determining winners of the Holiday Good Neighbor Awards; and
no City business would be conducted.
3· Update: Medical Marijuana
Development Director Weaver provided an update on the two moratoriums in place
regarding medical marijuana dispensaries and collective gardens indicating that the
Planning Commission, along with Assistant City Attorney Forbes, had determined the
following options for Council review and/or direction:
• Prohibit both dispensaries and collective gardens;
• Strict limitations on total number of occurrences;
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• Moderate limitations on total number of occurrences; or
• Allow within certain zones; including the Downtown Overlay District.
City Attorney Forbes stated that Association of Washington Cities (AWC) continued to
research the issues; that Kitsap County has taken their own stance; and noted that the
attorney's office need to research new California case law relating to these same issues to note
their impact to the City of Port Orchard. In addition, she advised that the Attorney General had
issued a new statement regarding their taking a harder stance due to Federal Law. She
encouraged the Council to extend the two moratoriums to allow the City Attorney, staff, and
Planning Commission to work with AWC and other cities to determine the Federal
government's focus on medical marijuana issues.
Council Direction: Council directed Planning Department staff to bring back a
recommendation in February to extend the two medical marijuana moratoriums.
4· Update: Shoreline Master Program
Associate Planner Haro provided an update on the Shoreline Master Program (SMP), and
provided proposed changes from the last update, which was done in 1994:
• Fewer environment designations. Currently, there are eight environmental
designations, which were consolidated down to five;
• Setbacks. Existing setbacks for single-family homes range from 30 to 150 feet,
depending on the shoreline designation. The draft SMP document maintains existing
setbacks as closely as possible to the previous document, within 25 feet in Shoreline
Residential, 100 feet in Urban Conservancy designation, and 150 feet in Natural
designations;
• Roads and right-of-ways serve as a "buffer break" meaning that any building
landward of a waterfront road will meet current zoning setbacks, rather than SMP or
shoreline setbacks;
• Industrial mining, livestock manure lagoons, and feedlots have been eliminated; and
• Supporting documents to meet Department of Ecology's requirement have been
submitted as part of the SMP update.
In addition, Ms. Haro stated the SMP would be available for a 6o-day public comment period
and would be brought back to Council for final review and approval in Janua1y 2012.
Council Direction: No direction was given to staff.
5· Update: DNR Harbor Line Relocation
Public Works Director Dorsey provided the Council with a copy of a letter the City's Lobbyist,
Briahna Taylor, who summarized the City's history regarding the Harbor Line Relocation; and
explained that after meeting with the Department of Natural Resources (DNR), the City
learned that its long-term plan to convert a parking lot along the City's waterfront to a public
park can be accomplished through a DNR lease amendment, rather than relocating the harbor
line and purchasing the property. DNR has indicated that public parks that provide public
access to the waterfront are leased to public agencies rent-free. Therefore, the City can convert
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the parking lot to a public park and, rather than purchase it, lease the property from DNR for
free.
Council Direction: Council directed staff to hold off on pursuing the harbor line relocation
for when the City will determine whether to couvert the space into a City park.
6. Discussion: 2012 Proposed Budget
Treasurer Martin providing the Council with a handout that outlined the Finance Committee's
recommendations of the adjustments made to the preliminary 2012 Budget. Councilmember
Clauson further defined the reason behind each allocation and expressed that during these very
difficult times the City continued to budget conservatively.
Council Direction: No direction was given to staff.
At 8:40 p.m. Mayor Coppola reconvened the meeting after a ten-minute recess.
7· Update: Water Rate
Public Works Director Dorsey provided the Council with a draft ordinance outlining the
proposed water rate increase; and discussed the emergency repair costs to fix the water quality
issues with Well No. 9, which was approximately $1 million. Councilmember Putaansuu noted
there were three options as it related to Well No. 9: 1) to cap the well and not use; 2) accelerate
Well No. 10 to bring on line at a cost of $6 million, which would require a bond and a rate
increase on the debt service; and 3) buy water from Bremerton to replace Well No. 9. Further,
advised that there was $1 million in reserve, the Treasurer has talked with a bonding company
about funds to fix Well No.9; however, either option leaves the City with no immediate means
to replace the reserve funds for three years. He recommended that to increase the water rates
from a 4/4/4 scenario to a 6/6 and spend the reserves to fix Well No.9.
Council Direction: Council remanded this item to the Utilities Committee for further review,
with a final recommendation brought forward at the December 13, 2011, Council meeting for
approval; and directed the Treasurer provide a cost analysis to show the City's best option
would be in relation to the proposed water rate increase and emergency repair to Well No.9.
8. Update: Bay Street Pedestrian Pathway Coordination
Public Works Director Dorsey provided an update on the new engineering estimate for the Bay
Street Pedestrian Pathway project, which came in at $335,641. In order to cover the $11o,ooo
difference, the Council needed to provide direction to use Real Estate Excise Tax (REET) funds
in order to collaborate with the Port of Bremerton's waterfront enhancement.
Council Direction: Council directed staff to utilize $no,ooo of the 2012 REET funds and
apply it to the Bay Street Pedestrian Pathway project.
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9· Next Work Study Session-Tuesday, December 20, 2011
At 9:29p.m. the mee ting was a djourned.
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