04/16/2013 - Work Study - MinutesCity of Port Orchard
Council Meeting Minutes
Work Study Session of Apri116, 2013
7:00p.m. Call to Order
Mayor Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tern Fred Chang and
Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Cindy Lucarelli, and Jim
Colebank were present. Public Works Director Mark Dorsey, Acting Planning Director
Tom Bonsell, City Clerk Brandy Rinearson, City Attorney Greg Jacoby and Office
Assistant II Jenine Floyd were also present.
Absent: Councilmember Carolyn Powers
Mayor Matthes lead the audience and Council in the Pledge of Allegiance.
Mayor Matthes introduced Nick Bond, the City's pre-elect Development Director.
1. Discussion: Code City /City Manager
Mr. Andrew Neiditz discussed understanding the options, process, and schedules for
reclassifying as a code city and/or reorganizing from a council-mayor plan of
government to a city manager form of government. He stated the role of the city
manager is to develop and propose a budget for consideration to the council; manage
personnel; and to allow council and the mayor to serve in meeting the needs of the
citizens.
The following are Mr. Neiditz responses to questions asked by the Council:
• Port Townsend and Bellevue have worked well under a city manager form of
government.
• Average city manager is in one jurisdiction for approximately five to six years.
• City manager serves at the pleasure of the council.
• When hiring a city manager, they need to understand that they are accountable to
the council and to the citizens.
• Having a city manager that fits your needs and style is what will be successful for
your City.
• Having a city manager that is accredited and has kept up with the training
requirement would be in the best interest of the City.
• City manager will have a different relationship with each of the Councilmember's.
• Council speaks as a whole on policy matters, not as an individual.
Mr. Neiditz left the meeting at 7:32p.m.
The Councilmembers favored Councilmember Putaansuu request to continue the dialog
and moved forward on picking one of the below options:
1) Change the form of Government to City Manager and remain a second class City.
2) Reclassify to a Code City, but keep the Mayor form of Government.
April16, 2013, Work Study Session Minutes
Page2 of 5
3) Change to a Code City and to a Manager form of government in one step.
4) Change to a Code City and to a Manager form of government in two steps.
After a brief discussion, the majority of the Council came to a consensus to move
forward with option three, changing to a Code City and to a Manager form of
government in one step. In addition, council discussed having a less formal public
hearing/ open house in June to allow citizens to comment and ask questions regarding
this change.
Council Direction: City Attorney was directed to provide additional information on if
a primary election is required upon passing the ballot measure in November's election
and if approved by the voters when the process of hiring a City Manager would start.
Mayor Matthes was directed to see if a flyer and/ or comments could be included with
the utilities statement. Information is to be provided at the May Work Study Session.
2. Discussion: Library /Tenant Improvements
Public Works Director Dorsey reminded Council they approved $2,500 for asbestos
abatement for the Port Orchard Library, which will begin in September. As a preamble
to that work, the library has decided at their own expense to make some tenant
improvements.
Kathleen Wilson, Library Manager of the Port Orchard branch, briefly discussed some of
the improvements for the library which include room for more seating, rearrangement
of shelving, new media shelving, consolidation of public service desks, removal of a non-
load bearing wall, installation of a 3/4 height non-load bearing wall to conceal staff work
areas which are currently exposed, and making the space more open, refreshed, and a
revitalized interior. The project is estimated to be complete in mid September.
Council Direction: No direction was provided to staff.
3· Discussion: KEDA "Work+ Life" Video
Councilmember Childs mentioned how impressed he was with the video Kitsap
Economic Development Alliance (KEDA) had on their website regarding Kitsap County.
He thought it would be nice for the City to have a video on their website regarding Port
Orchard.
Mr. John Powers, Executive Director of KEDA, showed a brief video highlighting local
businesses, people, and the scenery of Kitsap County. He further mentioned Port
Orchard could consider doing their own video, or collaborate with other local
communities to come up with a more powerful piece. There is also cost savings with
collaborating.
April16, 2013, Work Study Session Minutes
Page 3 of 5
Council Direction: Council asked Mr. Powers to look into the City's options and
provide an update to the Council when he was ready.
4· Discussion: Animal Variance
City Clerk Rinearson provided proposed changes to the Port Orchard Municipal Code
(POMC) amending "Animal Ownership Restrictions". The proposed language is to
update the requirement of neighbors to approve and/ or be notified, in writing, of an
animal variance is being sought.
After a brief discussion, Council came to a consensus to not require written approval,
but for staff to provide notice to neighbors of adjacent properties.
Council Direction: Council directed staff create a process for notifying neighbors of a
variance being requested to allow them the opportunity to voice their concerns at a
Council meeting prior to Council approval.
5· Update: Timberland Designation
Acting Development Director Bonsell reminded the Council that they received a request
from Errol Dow to convert approximately 13.79 acres from Industrial into Timberland.
The Finance Committee meet and is comfortable with the tax implications being
minimal, meaning distributed County-wide versus City-wide.
Council Direction: Council directed staff to bring a resolution forth to a Council
meeting that allows the conversion from zoned Industrial to Timberland.
6. Discussion: DOD Permitted Uses Update
Acting Development Director Bonsell noted from time to time, the City receives requests
for business licenses for uses that the Council may, or may not have, intended to be a
permitted use in the Central DOD. City staff believes that Port Orchard Municipal Code
(POMC) 16.20.201 should be reviewed and amendments considered. He recommends
this item be tasked to the Planning Commission for a Council recommendation.
City Attorney Jacoby stated there are several issues he would like to point out and they
are as follows:
• The definition of "General Business Services" is broad. We are saying that except
for bail bonds and similar uses, general business services are permitted within the
central DOD on lots which ~but Bay Street. The code currently states all of the
uses which are defined general business services are permitted, and include
depository institutions, security and commodity brokers.
• "Retail Sales" and services listed in our land use tables. We are listing the
permitted uses and some are very broad.
April16, 2013, Work Study Session Minutes
Page4of 5
• Address the Councils position on tattoo parlors; location and/ or specific services
being provided.
After a brief discussion, Council asked staff to work with the Planning Commission to
review the code to be in alignment with the vision of the Council, which is having a small
town with shops, boutiques, eateries, and things that tourists would normally want to
do.
Council Direction: Council directed staff to forward this to the Planning Commission
for their recommendation.
7· Discussion: Noise Variance/Special Permit
City Clerk Rinearson reported that she received a request from a local business owner
who is asking for a variance to extend the noise time frame currently allowed downtown.
Port Orchard Municipal Code (POMC) states certain types of noises are not allowed
from n:oo p.m. to 7:00a.m.; and indicate that should they wish to create noise within
that time frame, they need to have a special permit issued by the City. There is no clear
process as to what Council is looking for in a noise variance.
City Attorney Jacoby informed the Council the question the City Clerk is bringing to the
Council is not to approve this noise variance, but what process should the City have in
place if someone should request a noise variance.
After a brief discussion, Council likes the option of a noise variance and are interested in
seeing what other cities have for their noise variance process.
Council Direction: Council directed the City Clerk to research what other cities are
doing and bring back to the Council at a Work Study Session for further discussion.
8. Update: Southwest Sidney Plaza Mixed Use Development
Councilmember Chang noted he saw the hearing examiner had approved the Southwest
Sidney Plaza Multi-Family Project. He noticed these are nine, three-story apartment
buildings. He stated at one time, Council had concern with additional apartments within
City limits, and felt the City had enough apartments.
Councilmember Clauson stated this particular project raised the question of if we have
enough apartment complexes in the City, which is a code issue. This project is abiding by
all the rules we have set in place. Do we need to address the code if necessary?
Acting Development Director Bonsell noted his department is getting ready for the
Comprehensive Plan Update, and will look into the numbers and see if we have the
proper ratio of affordable housing.
April16, 2013 , Work Study Session Minutes
Pages of 5
Council Direction: No direction was given to staff.
Councilmember Clauson left the meeting at 9:30 p.m.
9· Discussion: Foot Ferry Services
City Clerk Rinearson reported she is still waiting on an official response from the City of
Bremerton to committ to partnering again this year for additional foot ferry service. The
City of Bremerton is agreeable to the Friday and Saturday night services until midnight
if Sunday service is preserved from 10:30 a.m. to 2:30p.m. for their Farmer's Market;
along with the festival weekends and holiday service. The City of Bremerton is
contributing $6,500. Port of Bremerton has agreed to be a partner and will contribute
up to $5,500, and the funds must include festival weekends and holidays, and all three
entities (Port Orchard, Bremerton and the Port) must participate.
City Clerk Rinearson further mentioned if the three entities participate in Friday and
Saturday nights, until midnight, and every Sunday for the four hours, plus all the
festivals , we would be $3 ,600 short. Staff is asking where the additional funding is
coming from.
After a brief discussion, Council came to the consensus that the ferry should be funded
and see if the City of Bremerton is willing to contribute half of the short fall and the City
of Port Orchard could cover the rest. The additional funding from the City of Port
Orchard could come from the "carry over" Lodging Tax fund.
Council Direction: Council directed the City Clerk to see if the City of Bremerton will
provide additional funds to cover the shortfall; and if so, to start the process of opening
$1,500 oflodging tax funds to all2013 recipients .
At 10:09 p .m. Mayor Matthes adjourned the meeting .
Brandy Rinearson , CMC , City Clerk