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06/18/2013 - Work Study - MinutesCity of Port Orchard Council Meeting Minutes Work Study Session of June 18, 2013 7:00 p.m. Call to Order Mayor Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, John Clauson, Carolyn Powers, Rob Putaansuu, and Cindy Lucarelli were present. Development Director Nick Bond, Fire Prevention Manager Greg Rogers, City Clerk Brandy Rinearson, City Attorney Greg Jacoby and Deputy City Clerk Rhiannon Fernandez were also present. Absent: Councilmember Colebank Mike Eliason led the audience and Council in the Pledge of Allegiance. 1. Presentation: Joint Land Use Study-Department of Defense (DoD) Lynn Wall, DoD Community Planning Liaison for Naval Base Kitsap, gave a presentation on the Joint Land Use Study (JLUS). Presentation highlights included: • Collaboration needed to promote compatible use • Compatible land use issues • Impacts to training and operations • Shared compatibility issues • DoD to support state and local governments to promote compatible use • Office of Economic Adjustment (OEA) mission statement • Defense economic adjustment program • OEA program authorities for compatible use • JLUS tool to promote compatible development • Military operations footprint defines study area • Integrating conservation as a land use alternative • DoD siting clearinghouse • The installation role • The community role • Office of Economic Adjustment role • Planning process & organization • Implementation tools & actions Discussion highlights: • This is a voluntary commitment. There will be no recommended changes to Port Orchard Municipal Code if the City does not participate. • The 18-month process will begin in January 2014. Meetings will occur once a month. • Staff time would be based on the needs of the jurisdiction. It may require .25 FTE, which will be grant funded with a 10% match requirement. June 18, 2013, Work Study Session Minutes Page 20f4 • They would like the City to tell them what needs we have and look at this as an opportunity for resource assistance for the planning we are already doing. • Patty Charnas, Kitsap County Community Development, is the project contact. • The policy group will be comprised of elected officials. Each participating government will have representation. • The County wants to submit the application by the end of July, because funding is available in the current budget. Council Direction: Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to authorize Nick to move forward with the .25FfE. Upon vote, the motion passed unanimously. 2. Discussion: 2012 Fire Code Update Development Director Bond provided a revised ordinance that addresses the Home Builders Association's (HBA) concerns regarding the sprinkler requirements. In section 903, all of the changes have been brought back to what they were. He feels the HBA's concerns have been addressed. Fire Prevention Manger Greg Rogers confirmed it takes the City back to what we had before. It still changes small portions of the International Fire Code. He clarified that the ordinance on the website reflects what was adopted at the May 28, 2013, Council meeting and would go into effect in July 2013. The revised ordinance being discussed tonight removes those changes. All of the commercial occupancies that were at 10,000 sq. ft. are back to 10,000 sq. ft. and that is reflected in the revised draft ordinance. He also said single-family dwellings and duplexes are under the International Residential Code; the Building Code and Fire Code apply to multi-families. Council Direction: The revised ordinance will come before the Council at the June 25, 2013, Council meeting for consideration. The Council asked the stakeholders to let them know if there were any questions or concerns before the June 25, 2013, Council meeting. 3· Discussion: Downtown Overlay District Permitted Uses Development Director Bond said the Planning Commission requested clarification from Council on what they should consider when working on the Downtown Overlay District (DOD). He said he is aware of a handful of issues and some possible approaches could be taken: 1. Review SIC 7389 and POMC 16.20.201 (2) and identify specific uses to be excluded from all or portions of the DOD. Under POMC 16.20.201 DOD - Permitted Uses (2) (k), strike the words "and similar uses" and replace with an itemized list of excluded uses from SIC 7389. Identify other uses of concern and ask the planning commission to consider whether or not those uses are June 18, 2013, Work Study Session Minutes Page3 of4 appropriate for the downtown and/or Bay Street. The Council should preliminarily identify the uses with which it is concerned, i.e. bail bonds on the first floor, tattoo parlors, body art studios, etc. 2. Perform all of the actions listed in Alternative 1 and work to identify other areas in the City where those uses should be allowed. For instance, if bail bonds are to be excluded in the DOD entirely, should the City find an alternative location such as in the Business Professional zone near the courthouse where they might be more appropriate? Are there other uses to be excluded and should the planning commission work to find a place where these uses can better operate? 3. Conduct a more extensive community outreach effort and build a list of permitted uses in the DOD on Bay Street from the ground up. 4· Some other approach. Discussion highlights included: • Section K has the term "similar uses," which is vague. • SIC7389 -referring to this document creates a loophole to allow many services to operate. Do we want to continue to reference the SIC document? • Any changes made will not affect existing businesses, only future businesses. • One approach is to ask the Planning Commission to make discreet amendments to the permitted use section. Do you wish to be explicit? The way the code was written, Section W incorporates all of these other uses. • The first floor needs to be defined. • A previous committee spent much time on this discussion and felt the DOD should consist of retail shops that would draw people downtown. The work does not have to be completely redone. We need to take care of the loop holes. • The terms in the code are defined in the Land Use Code. • Maybe the approach is to have them look at the list and suggest what they think would be appropriate. Council Direction: Staff will take back the following items for the Planning Commission to work on: 1) define first floor; 2) review general business services list in Section K and identify what we want and insert in the code; 3) do not refer to the SIC; 4) review the retail sales list and insert terms directly; 5) move Section W to the top of the list; and 6) take a look Section 1 as well for any glaring issues. 4· Discussion: Retreat Logistics In preparation of the July retreat, discussion was held on what the Council would like to have for the meeting. Council Direction: Council requested the following: 1) move the City Lobbyist to the top of the agenda; 2) have staff present; 3) start at 7:00 p.m. for consistency; 4) the goals/budget priority discussion will last 90 minutes; s) provide the goals and objectives June 18, 2013, Work Study Session Minutes Page4 of 4 in a larger font and have a status update; 6) provide a City map and zoning map; and 7) the City Attorney will facilitate. 5· Discussion: Process of Buying Property Councilmember Chang wanted to know if the Council was interested in having a process for buying certain properties if they became available for sale. For example, Myhres is going up for auction next Friday. Are there other zones or types of properties that we might be interested in attending the auction and how would we want to determine this? Discussion highlights: • A public benefit should be identified before acquiring a property. • With stretched resources, it makes more sense to invest in existing projects, like the pedestrian path, to encourage new businesses to come downtown. • The City's role is to put infrastructure in. • Buying a dilapidated property and redeveloping for resell could serve a public purpose by kick starting the vision for downtown. • It is worth spending some time at a policy level to create an inventory of potential properties that would serve a public benefit. Council Direction: Council will discuss this at their Retreat. At 8:37 p.m. Mayor Matthes adjourned the meeting. B£~ Brandy 'RiileafSOil)CMC, City Clerk '