05/21/2013 - Work Study - MinutesCity of Port Orchard
Council Meeting Minutes
Work Study Session of May 21, 2013
7:00 p.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, Carolyn Powers, Rob Putaansuu, and
Cindy Lucarelli were present. Public Works Director Mark Dorsey, Planning Director
Nick Bond, Code Enforcement Kathy Woodside, Fire Prevention Manager Greg Rogers,
Building Inspector John Robinson, City Lobbyist Briahna Taylor, City Treasurer Allan
Martin, City Clerk Brandy Rinearson, City Attorney Greg Jacoby, and Office Assistant II
Jenine Floyd were also present.
Absent: Councilmember Colebank
Development Director Nick Bond led the audience and Council in the Pledge of
Allegiance.
1. Discussion: Legislative Briefing
Briahna Taylor, City's Lobbyist with Gordon Thomas Honeywell-GA, updated the
Council on the Transportation Budget. The Legislature is considering a Transportation
Revenue Package. The current transportation revenue being collected is allocated to
paying debt services on projects that have already been completed. To fund new
projects, transportation revenue needs to be raised. Currently, there are two versions of
the transportation revenue package; the House version and the Senate version. Revenue
is raised by several ways which include:
• A 10-cent gas tax increase over 5 years;
• Increase the current off-road vehicle and marine fuel refunds from 33 cents to
47·5 cents; or
• Increase gross weight and passenger weight fees.
Specific to Port Orchard, $3.46 million dollars is allocated to the Bay Street Pedestrian
Path, and would also allow Kitsap Transit to create a passenger-only ferry district within
its boundaries that includes all, or a portion, of the City.
Ms. Taylor stated in order for the revenue package to move forward, there has been a
call out for cities, chambers, and jurisdictions to take a position in support of this
revenue package and gas tax increase. She further stated the City could support this
package, conditional upon $3-46 million going toward the Bay Street Pedestrian Path;
however, if the City chooses to not support the package, no funds are guaranteed for the
Bay Street Pedestrian Path from this package.
Councilmember Lucarelli asked for more information on the Commerce section of the
Transportation Package.
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The consensus of the Council was to indicate their approval for the Transportation
Package, conditional upon receiving $3-46 million dollars for the Bay Street Pedestrian
Path.
Council Direction: Council directed staff to bring forth a Resolution at the May 28,
2013, Council meeting, indicating the Council's support of the Transportation Revenue
Package, conditional upon receiving $3.46 million for the Bay Street Pedestrian Path.
2. Discussion: Hi Joy Bowl-ROW
City Attorney Jacoby stated for over 25 years, Hi Joy has been leasing the parking lot
from the C~ty. Several years ago, the owner's requested the City consider selling all, or a
portion, of the leased area so they would have more control over their main parking lot.
The City agreed to consider the request subject to completion of an engineering study to
determine the areas that might be required in the event that Bethel Avenue and/or the
roundabout were widened in the future. The City's concern is if the area is to be
widened, they would need enough right-of-ways for access.
Gary Chrey, attorney for the property owners of Hi Joy, briefly spoke about the history
of the property and the adjoining streets, and mentioned they are willing to purchase the
properties the City currently owns.
In response to Councilmember Chang, City Attorney Jacoby stated the City receives
$470.17 per month for the current lease.
Councilmember Putaansuu mentioned the Finance Committee has been working on this
for several years.
Councilmember Chang believes there was financial information missing from this
report, but he is comfortable with the City selling the lease.
Council Direction: Council directed the City Attorney to move forward with preparing
the documents for purchase.
3· Discussion: 2012 Fire Code Update
Fire Prevention Manger Rogers reported Washington State Building Code Council
periodically adopts revised building/fire codes. The City will then amend Port Orchard
Municipal Code (POMC) according to those changes, which include:
• Changing reference chapters;
• Adding sections for operational permits of an amusement building, indoor
fireworks, and tents/membrane structures; ·
• Adopting the Solar Photovoltaic that are in the model code and have been
removed by the state building code council; and
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Changing the fire area limits from 10,000 to 5,000 square feet to be inline with
the other cities in the County.
Council Direction: Staff was directed to bring forward the amended code changes for
adoption.
4. Discussion: Derelict Buildings
Development Director Bond reported that during this current recession, many properties
in Port Orchard have been abandoned and have been slowly declining. This situation hurts
neighboring property values, residential ascetics and in many cases, the health of the
citizens. During a Public Properties Committee meeting, Councilmember Chang
mentioned Bremerton Ordinance No. 5215 tiled ‘Abandoned Property Registration and
Maintenance.’ It was thought that a similar ordinance might be appropriate to help Port
Orchard deal with derelict buildings; however, after further review of the Port Orchard
Municipal Code, we have two code sections that allow the City to tackle the derelict
building issues. Also, Chapter 2.64 authorizes the code enforcement officer to take action
when there is a violation.
Port Orchard has the tools in place for dealing with derelict buildings, however, staff
wishes to discuss the cost of abatement. Code enforcement will send a letter to the
building owner regarding any violations. If no response or changes are received, that is
when it may get costly for the City.
He further mentioned this ordinance would be an additional tool to help with a few
properties, but it is not needed.
Councilmember Chang mentioned a few people on Morton Street who complained about
the City not doing anything for two abandoned houses.
Code Enforcement Woodside stated they look at abandoned properties as not being able to
find the owner or crimes/police calls on how the City would handle this property. The City
gets involved when there are crimes of violence, trespassers, drug activity, and graffiti. She
also mentioned one of the houses on Morton Street was bought as an investment, and now
has issues with the gutters and vegetation. The City has not taken any action on this
particular property, but she has been in contact with the property owner. It is also difficult
for the City to step-in to maintain when it is private property.
Development Director Bond noted the approximate cost for a full demolition of an
abandoned property could be $30,000.
City Attorney Jacoby mentioned another alternative by amending the code. Upon the City
giving the owner a letter of violation and giving them time to clean the property; the City
could then go to court and file a warrant of abetment that orders them to clean the
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property and to post a bond. If the owner doesn't fulfill the obligations by the date set by
the City, then the City can get the bond, putting the cost of the abetment on the
homeowner, via bond, rather than through the budget process.
Council Direction: Council directed staff to provide the Council a list of abandoned
properties and to provide an update to the Council later in the year of any suggested
code amendments.
5· Discussion: 2012 Building Code Update
Development Director Bond noted· that the State Building, Energy and Plumbing Code
updates take effect July 1, 2013. The City is required to adopt an ordinance switching
from the old codes to the new 2012 codes as adopted by the WA State Code Council on
November 9, 2012. The code changes are relatively minor and include items such as
allowing fences up to 7 feet in height without requiring a building permit versus the
current standard of 6 feet without requiring a permit.
Council Direction: Staff was directed to bring forward the amended code changes for
adoption.
6. Discussion: Code City/Manager
City Attorney Jacoby provided a draft Frequently Asked Questions for review and
discussion and then offered to add to it should the Council feel something is missing.
Councilmember Putaansuu suggested a public hearing during both Council meetings in
June, with possibly a Resolution brought forward in July.
In response to Councilmember Chang, City Attorney Jacoby stated the City needs to
choose whether to put them both as one ballot measure or singly. Those options were
presented at a previous meeting and the consensus was to choose to do it as one
measure.
Councilmember Childs read into the record a summary of the meeting he and
Councilmember Lucarelli has with the City of Port Townsend's City Manager, David
Timmons.
Council Direction: Council directed staff to add public hearing opportunities
regarding reclassification and reorganization of the City to the June 11 and June 25,
2013, Council meetings and to provide the FAQ's to the public and what the ballot
measure would say.
7· Discussion: Notification of Hearings and Agendas for Council Meetings
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City Clerk Rinearson stated staff is looking for formalize written direction from Council
as to the process for notifying the public of upcoming hearings and preliminary Council
agen~as. At the April 23, 2013, Council meeting, some Councilmembers expressed
concern over the process in notifying the public of an agenda change. She further noted
that there is no change in what the City currently does; this is just to formalize the
process.
Council Direction: Council directed staff to place this item on the May 28, 2013,
Council agenda for further discussion.
8. Discussion: Pottery/Sidney Corridor
Public Works Director Dorsey stated he received an email from Mike Morrissey
regarding roadway conditions and maintenance for Pottery and Sidney Avenue.
Although he understands about the condition of the road, funding resources for a
project of this type is not available, as it is not in the 2013 budget.
Councilmember Chang suggested letting Mr. Morrissey know that the City understands
his concerns, but at this time, there is no funding for this issue.
Council Direction: Council directed staff to respond to Mr. Morrissey.
9· Discussion: Arts Commission
Development Director Bond reported the City does not have an established system for
reviewing public art proposals, or a plan for public art. The Public Properties and
Economic Development committee's recommended the Council discuss if an arts
commission is warranted for placement considerations and acceptance of donated art.
The City has been offered a donation of public art created by local sculptor Karsten
Boysen. The donation has been offered as a veteran's memorial to publicly display in
Port Orchard. The artist has suggested installing the sculpture at City Hall on a pedestal
in front of the flag pole. An alternative located has been suggested outside of the Finance
department where a cherry tree has been removed. Concerns about placing a modern
sculpture in front of a traditional building have been expressed. The art is currently on
display in Olympia until August 2013, at which time the artist would like to move it to a
new location.
After a brief discussion, the Council is interested in accepting the donated art. However,
the Council would like more options for placement of the sculpture, including storing it
until the City is ready to install it.
Council Direction: Council directed staff to speak with the artist to see if other
placement of the art is acceptable; then bring back to a work study session for further
discussion.
10. Discussion: "Work+ Life" Video
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Councilmember Childs reminded the Council that a video highlighting local businesses ,
people, and the scenery of Kitsap County was shown by John Powers of Kitsap Economic
Development Alliance (KEDA). The City's Economic Development Tourism Committee
is interested in partnering with KEDA to create a "Work + Life" video. He mentioned
this would be a great Economic marking tool and cater more towards businesses. The
estimated cost would be $3,500 to $s,ooo. He proposed the funding could come from
the Lodging Tax funds .
Councilmember Putaansuu and Chang voiced opposition of using Lodging Tax funds for
the project.
Councilmember Clauson voiced his support for creating the video, stating this would be
an additional tool for KEDA to use for potential businesses to generate more work forces
in Port Orchard.
Council Direction: Council deferred this discussion to the Finance Committee.
11. Council Work Study Session
Councilmember Putaansuu requested the Work Study Session Agenda's be accurately
reflective of the realistic amount of time spent on each item and that the agenda items
be limited to approximately two hours.
The following items were move to the June 18,2013, Work Study Session.
• Discussion: Process of Buying Property
• Discussion: Noise Variance
• Discussion : Social Media Policy
At 9:44 p.m. Mayor Matthes adjourned the meeting.
~~ Timothy . Matthes, Mayor