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07/09/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of July 9, 2013 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Carolyn Powers, Jim Colebank, and Cindy Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Police Chief Marti, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Deputy City Clerk Fernandez, and City Attorney Jacoby were also present. A. Pledge of Allegiance Councilmember Colebank led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Dave Vogel owns ten acres at the intersection of Sidney & Tremont and the property went from a residential low zoning to a conservancy zoning. He never received a public notice in regards to the change of his property. He wants this looked at as part of the Comprehensive Plan Amendment process. Gerry Harmon spoke against the council-manager form of government. She does not understand why the City should spend money on the salary of a manager when that money could be spent on projects. She wants the Council to direct somebody to answer every question that was put to the council regarding this proposal. In addition, she asked why the old Wet Apple property is not being rented to bring in revenue to the City. Elissa Whittleton spoke regarding the unsafe environment around her home during the Fourth of July regarding illegal firework discharges. She said fireworks discharged in the public right-of-way is not allowed, but it is not enforced. Councilmember Putaansuu asked that this topic be added to the August work study session. Dick Davis said the City has the fastest growing population in Washington. He encouraged the Council to get the City positioned to manage itself well in dealing with the proposed developments coming to the City. Kathy Michael encouraged the Council to be mindful of the comments made by the public. She spoke in favor of a code city, but does not support the change to a Council- Manager form of government. She said the City of Pacific recall was initiated from the people, not the council. She asked the Council to trust the citizens in their decisions they make when voting. Minutes of July 9, 2013 Pa e 2 of10 Bek Ashby spoke regarding the expenditure of $5,000 on a work + live video. She said the stand-alone video would have marginal impact. After reviewing the minutes from the Economic Development/Tourism Committee meetings, she does not see that a plan for economic development has been created by the Council, and asks that they create one first before spending money on a video. She said KEDA is a resource for our plan, but not the plan itself. She would like to see the City partner with other jurisdictions on the video to offset the cost. 3· APPROVALOFAGENDA Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion . approving the Agenda. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 59942 through 60024 totaling $383,918.78; June Payroll Check Nos. 145200 through 145247 in the amount of $532,629.20; and Treasurer's Checkbook in the amount of $3,363,530.00. B. Setting Meeting for a Work Study Session to July 16, 2013 C. Approval of June 25, 2013, Council Meeting Minutes D. Approval of Planning Department's Official Department Title E. Approval of Public Event Applications: Hi Joy's Cackle Fest/Car Show Ride Around the Sound Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Childs MOVED and Councilmember Clauson seconded the motion to excuse Councilmember Colebank from the July 23, 2013, Council meeting. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Employee Recognition -POSTPONED 6. PUBLIC HEARING A. Declaring a Piece of Property as Surplus City Attorney Jacoby presented the staff report, noting later this month it is expected that the Council will consider the sale of approximately 14,000 square feet of City-owned land Minutes of July 9, 2013 Pa e 3 of10 that is currently being leased for use as a parking lot by Hi Joy Bowl at 1011 Bethel Avenue. With a few exceptions, there are no specific statutory requirements for the sale of surplus real property to private individuals. Some cities have adopted Council-mandated procedures regarding the disposition of surplus property but Port Orchard has no such procedures. In the absence of any specific direction, it is the recommendation of staff that a public hearing be held to receive testimony from the public regarding the proposal to declare 14,000 square feet of City-owned land located at 1011 Bethel Avenue as surplus to the needs of the City. Mayor Matthes opened the Public Hearing at 7:31p.m. In response to a question from the public (unidentified), City Attorney Jacoby showed on a map the areas that are being proposed for surplus. In response to a question from the public (unidentified), City Attorney Jacoby said the right-of-way that the City might need in the event that Bethel & Mile Hill Road are expanded is north of the area that is proposed to be sold. The remaining portion will continue to be leased to Hi-Joy. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:35 p.m. 7· BUSINESS ITEMS A. Adoption of Resolution No. 016-13, Regarding a Ballot Measure to Change the City Classification and Adopt a Council-Manager Plan of Government City Attorney Jacoby said he prepared several resolutions for the Council's consideration. Resolution No. 016-13, will authorize a single ballot measure as to whether the city should reclassify to a non-charter code city and adopt the council-manager plan of government. Resolution Alternate 1A reclassifies the city as a non-charter code city. Resolution Alternate 1B would adopt the council-manager plan of government. He also said if a ballot measure changes, it could not be reversed for six years. Councilmember Chang said the citizens would be happier with two separate ballot measures; therefore, he will vote against the motion for both items to be on one ballot measure. Councilmember Clauson said if the ballot is approved, the next step the city would have to do is schedule a special election for which all of the council positions would be up for reelection. Newly installed Councilmembers would be tasked to answer the questions asked by the public. Minutes of July 9, 2013 Pa e of10 City Attorney Jacoby said the initiative and referendum power could only be provided to non-charter code cities after the voters have approved the classification. It is a two-step process. In response to Councilmember Powers, City Attorney Jacoby said there are certain rules and restrictions if the Council wants to collectively support a ballot measure. There is nothing to prevent an individual councilmember to support a ballot measure as long as they are not using the facilities of their public office. He said if the public's questions are not answered, the ballot measure will fail. City Attorney Jacoby said the job description for city manager is set forth in statute 35A.13.080. MRSC's website has job descriptions under their search feature. In response to Councilmember Chang, City Attorney Jacoby said the Council could not use public resources to promote a ballot measure, but they could provide information. Councilmember Chang reviewed RCW 35A.13.08o and said it does set out the criteria of a manager, that would have to be defined by the Council. Councilmember Childs spoke in favor having one measure. He said the code city is a no brainer and putting the two measures together does not hurt anything. Councilmember Powers said the worry about the criteria of a city manager has been exaggerated. She feels the Council would not hire someone who was not credentialed. In response to Councilmember Clauson, City Attorney Jacoby said if the ballot measure fails, the Council could take action to go to a Code City, the Council could put it on the next ballot, or the citizens could petition to put it on the ballot. Councilmember Powers said she has thought about splitting the ballot measure at great length, and she thinks the Council should stick with the presented resolution. She hopes the public can get enough information that they will not be scared to death of it. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to adopt Resolution 016-13, declaring the City Council's intent to submit to the voters of the City at the general election November 5, 2013, a single ballot measure as to whether the City should reclassify as a non-charter code city under Chapter 35A.02 RCW and also adopt the council-manager plan of government and abandon a council-mayor plan of government. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. B. Adoption of Resolution No. 017-13, Declaring a Portion of the City-Owned Real Property Adjacent to 1011 Bethel Avenue to be Surplus Minutes of July 9, 2013 Pa es oflo City Attorney Jacoby said we just had the public hearing and offered some explanation to the property that is being proposed to be surplused. The Council has a revised resolution in front of them, which more specifically references TTMJ, LLC as the property owner. The resolution acknowledges that the property is surplused and the City staff is directed to negotiate the sale of the surplused property to TTMJ, LLC at a price that is equal to or greater than the appraised value. It is unusual to direct staff to negotiate with one party, but this property would have no other use to any other private party and the City can get the best value for it by selling it to Hi-Joy. In response to Councilmember Clauson, City Attorney Jacoby said the City owns 17,000 sq. ft. The proposal surpluses 14,000 sq. ft. and the City will keep 3,000 sq. ft. In response to Councilmember Powers, City Attorney Jacoby said there is no fiscal impact from the declaration. There will be an impact when the proposal is brought forward to sell the property. The City is currently receiving between $200 and $300 a month in rent. We will continue to receive rent from the remaining 3,000 sq. ft. The sale has not been negotiated yet. Councilmember Chang MOVED that any revenues received from the sale be set aside for the Parks Fund. The motionfailedfor a lack of a second. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to adopt Resolution No. 017-13, declaring a portion of the City-owned real property adjacent to 1011 Bethel Avenue to be surplus and authorizing a procedure for its sale. Upon vote, the motion passed unanimously. C. Approval of the 2013 Comprehensive Plan Amendment Agenda Development Director Bond presented the staff report, noting there are seven amendments that may be included on the 2013 Comprehensive Plan Amendment Roster. The fiscal impact of each amendment will vary depending on the completeness of the application and the demands for staff time and legal review. 1. The Gaudette Amendment is a relatively simple amendment that will require minimal staff resources and attorney review. The application was accompanied with a fee, which is generally adequate for covering the costs of processing the application. 2. The Gem 1 Amendment is a relatively simple amendment that will require minimal staff resources and attorney review. The application was accompanied with a fee, which is generally adequate for covering the costs of processing the application. 3. The Gil Michael Greenbelt Application is an amendment which seeks to reduce the size of the Blackjack Creek Greenbelt area but which does not specify the exact reductions in the application. This amendment will require extensive staff analysis, the development of maps, and public outreach. Minutes of July 9, 2013 Pa e 6 ofw 4. The Gil Michael Parks Commission Amendment would require minimal staff resources. 5· The Capital Facilities Plan Amendment will require minimal staff analysis as the draft plan has been previously developed in consultation with the Planning Commission. 6. The Annexation Rezone amendment will require moderate to extensive staff resources as additional properties need to be identified for inclusion, public outreach conducted, and maps prepared. 7. The Comprehensive Plan References amendment will require minimal staff resources. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve the 2013 Comprehensive Plan Amendment agenda as presented. Councilmember Childs said he needs more information and is uncomfortable making a decision. He would like to see the support information and move this to a work study. Development Director Bond said he is complying with POMC 16.os.o6o, and it sounds like in the past this was not done in accordance to the code. The code clearly states the Council adopts the agenda of what the Planning Department spends resources to consider. He said there is a timeline for when the City can consider amendments. Planning Commission recommendations have to be back to the Council by October, meaning public hearings would have to take place in August or September. Delaying a vote on the agenda creates a backlog. City Attorney Jacoby said the vote tonight is to approve the list that goes to the Planning Commission. The Planning Commission will go into these in depth, and report back to the Council in the fall with a lot more information. At this stage, it is a ministerial decision to let them do their job. Gil Michael spoke regarding the Greenbelt Application and the Parks Commission Amendment. In response to Councilmember Powers, Mr. Michael said putting the Parks Commission back into the Comprehensive plan gives the City a vision of something to work towards. Councilmember Powers moved and Councilmember Clauson seconded the motion to remove Item 4· Upon vote, the motion passed unanimously. Councilmember Clauson is worried about staff time consumption to do these. He does not understand all of the items well enough. He likes the suggestion to take it to the work study sessiOn. Councilmember Putaansuu deferred to Development Director Bond on if he feels he can get it done. He will prioritize the items in the list based on his department's workload. Minutes of July 9, 2013 Pa e7of10 City Attorney Jacoby said the Council has to pass items 1 and 2. Citizens have submitted applications and paid the fee to have their amendments considered. Item 4 has come off. Items 5 and 7 are routine items for staff. The Council needs to focus on items 3 and 6. In response to Councilmember Childs, City Attorney Jacoby said sending half the items to the Planning Commission and half to work study would duplicate staff and Planning Commission efforts and possibly create another SEP A. In response to Councilmember Putaansuu, Development Director Bond said in reference to item 6, staff has had direct communications with one citizen who wanted to file an amendment, but was deterred by the cost of the application and did not do so. Staff considered looking at it as a staff amendment to clean up some issues. It is going to require some time, but he does not think it is insurmountable, as staff has already identified the properties that are there. It is mainly additional public notice and making sure we capture everybody's input. Item 6 is not the most difficult on the list. Councilmember Putaansuu is comfortable with the amended list, and thinks the Council would only muddle the process. He wants to let staff and the Planning Commission do their job. Upon vote, the main motion passed unanimously. D. Approval of June 18, 2013, Council Work Study Session Minutes Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to approve the June 18, 2013, Council Work Study Session meeting minutes. Upon vote, the motion passed with six qffirmative votes. Councilmember Colebank abstained. E. Discussion: POMC 15.38 Update, FEMA Flood Plain Prevention Development Director Bond presented the staff report, noting the presented ordinance has been drafted in response to a Community Assistance Visit (CAV) report produced by the Department of Ecology. The report includes a number of mandatory changes, as well as a few recommended changes to POMC 15.38. The recommended changes have been included in the draft ordinance to address pending Kitsap County actions and the possibility of future annexations. The recommended changes are intended to improve the City's ordinance to be more user friendly, make it consistent with federal requirements, and ensure that flood insurance remains available within the City. The proposed changes to the code are shown in red text and underlined. The comments in the side margin of the document were provided by a representative from the Department of Ecology to help the Council understand the basis for the changes. Minutes of July 9, 2013 Pa e 8of10 He said we do not have a lot of choice on this. The optional changes do not have to be adopted now, but would have to later on if we continue to annex in our growth area. The Department of Ecology is the designated agency through FEMA to make sure we are following federal law. If the City stalls for too long, homeowners could lose flood insurance. In response to Councilmember Chang, Development Director Bond said Kitsap County is going through the same process as the City. In response to Councilmember Childs, Development Director Bond said the reference to the Yacht Club was in relation to the permit activity report. In response to Councilmember Clauson, Development Director Bond said we do not have any flexibility in the changes. Local code needs to reflect Federal laws. Council directed Development Director Bond to bring the ordinance to the July 23, 2013, Council meeting for Council consideration. 8. COMMITIEE REPORTS Councilmember Clauson reported the sales tax is coming in a little bit better and Public Works' projects came in close to being on budget. Councilmember Childs reported the next ED/Tourism Committee meeting is tomorrow at the Kitsap Bank Board Room. Patty Graf-Hoke will be presenting future ideas for the Visit Kitsap campaign. Councilmember Putaansuu reported the next Utility Committee meeting is scheduled for July 15, 2013 and the Sewer Advisory Committee meets July 17, 2013. Councilmember Powers reported the Public Properties Committee met this morning. The next meeting is scheduled for August 13, 2013, location pending. She also announced that Transpol meets July 11, 2013. Councilmember Lucarelli reported what was discussed at the Public Properties Committee meeting: • Givens sublease discussion. The City needs to look to develop more sports fields for future use. Paul Powers Park is being looked into for use by the soccer club, but it needs lighting. • Sidney Ave Compass Road Plan was presented by Public Works Director Dorsey. • The discussion on a vendor license application by the foot ferry is on going. • Commercial trucks parking on residential streets is being looked into. Minutes of July 9, 2013 Pa e 9 of10 Councilmember Chang reported that LTAC letters went out to four entities and we are waiting for their responses. That will determine how many revenue receivers will be on the committee. Councilmember Colebank read his letter of resignation to the City Council into the record. His resignation is effective July 31, 2013. 9· MAYOR'S REPORT Mayor Matthes reported on the following: • The Fourth of July Fireworks display was great. • The Chamber Golf Classic is tomorrow at Trophy Lake Golf Course. • The Chris Crafts are coming to the Port Orchard Marina starting Thursday. • Free Concerts by the Bay continue every Thursday at the Gazebo Park. • The summer foot ferry schedule continues to run on extended hours on Friday and Saturday nights. • The Eagles 3rd Annual Car Show is this Saturday. It is free and open to the public. 10. REPORT OF DEPARTMENT DIRECfORS Public Works Director Dorsey reported: • The compass rose design is complete and it will go out for advertisement soon. • McCormick Woods Phase 1 Plan is underway. • Well9 project goes online tomorrow. • The Dekalb Pier electrical control box is not in place yet. • Segment 5 is basically complete. • Segment 2 guardrail and fencing starts tomorrow. • Cedar Heights is on scheduled. The sewer work is just about done. • The State grant projects were less than 1% over on both projects. City Treasurer Martin thanked Jim Colebank for his service to the City. He said it was a pleasure to serve with him. Development Director Bond said he is pleased with how things are going with staff. He said the City has good people working for them. City Clerk Rinearson updated the Council on the foot ferry ridership, and said the City is currently accepting HoteljMotel tax fund applications. 11. CITIZENS COMMENTS Nick Whittleton said this Council came up with a plan to change the way the City does business, and tonight is looking for ways to pawn off answers to the next council. If the Minutes of July 9, 2013 Page 10 of 10 Council comes up with a plan, they should have some answers. He said Bainbridge Island spent $250,000 to do a search for a manager. They pay their manager $150,000 a year and offer 45 days ofleave. It cost them $70 ,000 to get rid of the last city manager. Where is this money coming from? How are we going to come off cheaper? The Council does not give the public what they want, they don't answer the public's questions, and they don't listen to the public. He hopes the voters replace those who wish to ignore them. Elissa Whittleton reported the last art walk was successful this month. This upcoming month's theme is "Happy Tails". They were happy to see the Mayor and Councilmember Chang at the last Art Walk. They encourage everyone to attend on August 3, 2013. Gerry Harmon said she could not leave her house during the Fourth of July because she fears the fireworks set off in her neighborhood will catch something on her property on fire . 12. EXECUTIVE SESSION At 9:21 p.m. Mayor Matthes recessed the meeting for a 15-minute executive session regarding real estate matters in accordance with RCW 42.30.110(1)(b). The Mayor announced that no action would be taken after the executive session. At 9:36 p.m. Mayor reconvened Council back into regular session. 13. ADJOURNMENT At 9:36p.m . Mayor Matthes adjourned the meeting. ~~(7~.,:~ Timothy C. atthes, Mayor