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08/13/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 13, 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, Rob Putaansuu, Carolyn Powers, and Cindy Lucarelli were present and constituted a quorum. City Clerk Rinearson, Police Chief Marti, Public Works Director Dorsey, Development Director Bond, Deputy City Clerk Fernandez, and City Attorney Jacoby were also present. Excused: Councilmember John Clauson A. Pledge of Allegiance Mr. John Powers led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Dee Coppola spoke in favor of her retaining her position on the Planning Commission even though she has now moved out of the City limits. Ron Ryder spoke regarding complaints of parking his work truck on Kitsap Street. He said he has to do this because the road leading up to his home is unsafe to travel on. He asked to be kept informed on the status of the repairs to Prospect Alley. He also received a visit from code enforcement regarding broken concrete that he is utilizing to stabilize his hillside. He would like to know if he violated any code and would like to see the complaints regarding this. Gil Michael, Planning Commissioner, spoke against the approval of Business Item 7E. Elissa Whittleton reported to the Council that the Art Walk was very successful and the event is seeing an increase in attendance. Gerry Harmon spoke against the approval of Business Item 7E. 3.APPROVALOFAGENDA Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion approving the Agenda. Minutes of August 13, 2013 Pa e 2 ofg Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to move Consent Agenda 4F to Business Item 7F. Upon vote, the motion passed unanimously. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to excuse Councilmember Clauson from tonight's meeting. Upon vote, the motion passed unanimously. Upon vote, the amended main motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 60102 through 60245 totaling $501,378.86; July Payroll Check Nos. 145298 through 145351 in the amount of $578,620.85; and Treasurer's Checkbook in the amount of $2,080,901.04. B. Setting the August 20, 2013, Work Study Session Meeting C. Approval of July 16, 2013, Council Work Study Session D. Approval of July 23, 2013, Council Meeting Minutes E. Adoption of Ordinance No. 016-13, Amending Port Orchard Municipal Code 2.36 Surety Bonds F. Approval of a Conversion Option Harvest Plan i\greement vvith Gem 1, LLC G. Approval of Public Event Applications: Taste of Port Orchard Running with the Rain 5K Councilmember Putaansuu MOVED and Councilmember Chang seconded the motion approving the Consent Agenda, as amended. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Kitsap Economic Development Alliance Update Mr. John Powers gave a report on the following items: • Second quarter KEDA Full Board meeting • Paris Air Show Relocation of Omohundro from Tuston, California to Kitsap County • He thanked former Councilmember Colebank for his participation with KEDA and KADA Councilmember Chang asked John Powers to look into the old K-Mart building and provide three ideas on how the City could help find a tenant. 6. PUBLIC HEARING A. Park Impact Fees Minutes of August 13, 2013 Page3 ofg Development Director Bond presented the staff report, noting under Business Item 7 A on the agenda, the City Council has been asked to consider an amendment to POMC 16.70.230 concerning annual adjustments to park impact fees. While this is a minor amendment, POMC 16.70.080 requires a Public Hearing when considering adjustments to impact fee formulas. Mayor Matthes opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:43 p.m. 7· BUSINESS ITEMS A. Adoption of Ordinance No. 017-13, Amending Port Orchard Municipal Code 16.70.230 Park Impact Fees Development Director Bond presented the staff report, noting the City Council voted in 2012 to adopt park impact fees including a provision for an indexed automatic increase to the fee every year beginning in August 2013. POMC 16.70.230 states that the park impact fee "shall be indexed to provide for an automatic fee increase each August," but doesn't define the term "indexed" or explain how the fee is to be "indexed" When the finance department attempted to calculate the adjusted fee for the first time using only this initial parks impact fee calculation, it found that some of the variables used to calculate the fee changed as a result of annexation and population growth, but other variables didn't change because the parks plan is not updated annually. These changes, in the absence of an update to the parks plan to remove projects which have been constructed, to add new capital project, and to adjust the value of Port Orchards Parks system would cause the park impact fee to decline, not increase as prescribed by POMC 16. 70.230. The proposed ordinance would change POMC 16.70.230 to index the park impact fee to the Consumer Price Index for All Urban Consumers (CPI-U) for Seattle-Tacoma-Bremerton. This is the same method the City uses to calculate other annual cost adjustments. This will ensure that the fee remains stable from year to year in the absence of conducting annual parks plan updates. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 017-13, amending the Port Orchard Municipal Code Section 16.70.230, Park Impact Fees. In response to Councilmember Powers, Development Director Bond said when this was adopted in 2012, the fee was $811 for a single family dwelling and $584 for a multi-family dwelling. The inflation number for this year is 1.4%. The City collects a park fee on every new construction for single family and multifamily permits. Minutes of August 13, 2013 Pa e 4 of 9 In response to Councilmember Childs, Development Director Bond said the fees would be put in a separate fund dedicated for City capital projects related to parks capacity. In response to Councilmembers Powers and Putaansuu, City Attorney Jacoby said there would be future development out in McCormick, and those future developments have not prepaid. New money from park fees will be generated as new development happens in McCormick. In response to Councilmember Chang, Development Director Bond said the new development at Sidney /Sedgwick would pay the impact fees. Upon vote, the motion passed unanimously. B. Adoption of Ordinance No. 018-13, Repealing Port Orchard Municipal Code 5.52 Billboards and Handbills Development Director Bond presented the staff report, noting POMC Chapter 5.52 was created in 1947 to license billboards and handbill distribution. Included in this chapter are requirements including a $1.00 billboard application fee, a $5.00 annual license fee for billboards, a $25 license fee annually for the distribution of handbills, and a requirement for a $500 bond for the distribution of handbills. This chapter is no longer needed for the regulation of billboards as they are regulated by the City's building codes and the sign code POMC 16.65. Handbills are regulated under the littering code POMC 9-34-Handbill licensing and bonding requirements have not been followed by the City in recent times and creating a process for doing so would be impractical and costly. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to adopt Ordinance No. 018-13, repealing the Port Orchard Municipal Code Section 5.52, Billboards and Handbills. Upon vote, the motion passed unanimously. C. Adoption of Ordinance No. 019-13, Amending Port Orchard Municipal Code 9·34 Placing Handbills on Vehicles Development Director Bond presented the staff report, noting POMC 9.34.040 contains a reference to POMC 5.52, which has been repealed by Ordinance No. 018-13. This reference should be deleted immediately to keep the POMC internally consistent. The reference to be deleted refers to depositing handbills on vehicles. This was previously allowed after obtaining a $1.00 permit. Now it will only be allowed when the occupant of a vehicle is willing to accept the handbill. This revised language is consistent with what other communities in the county allow. Minutes of August 13, 2013 Page 5 ofg In response to Councilmember Putaansuu, Police Chief Marti said handbills will no longer be able to be placed on vehicles. In response to Councilmember Chang, Development Director Bond said that handbills could be offered to individuals who are not in their car; it just has to be accepted. Handbill distribution on privately owned lots is regulated differently than publicly owned lots. In response to Councilmember Powers, Police Chief Marti said this code could be enforced. Councilmember Chang MOVED and Councilmember Lucarelli seconded the motion to adopt Ordinance No. 019-13, amending the Port Orchard Municipal Code Section 9·34, Placing Handbills on Vehicles. Upon vote, the motion passed unanimously. D. Approval of Contract No. 065-13, Authorizing the Mayor to Execute an Agreement with South Kitsap School District Regarding School Resource Officer Police Chief Marti presented the staff report, noting the proposed contract between the City and South Kitsap School District for the school year 2013-2014 regarding funding for the school resource officer (SRO) position has reduced the funding for the position by so% from the previous contract. Port Orchard Police Department has reduced the SRO time commitment to 6o% of the previous contract. Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to sign the Agreement between the City and the South Kitsap School District for partial funding of an officer to fill the school resource officer position for school year 2013-14. In response to Councilmember Chang, Police Chief Marti said we have been fortunate; many other high schools do not have funding for this position. In response to Councilmember Powers, Police Chief Marti said the SRO position is one of the busiest police officer positions on the police department. They respond to disturbances, drugs, and alcohol. They work in conjunction with the district, so while they are enforcing laws, there is some flexibility for the school district to handle the discipline instead of the court system. If this position did not exist, the police department would be sending a different officer each time there was call for service. They would not have the continuity of knowing whom they were dealing with and the officer's knowledge of working in that environment makes them more effective. The SRO duty rotates every two to three years. Minutes of August 13, 2013 Pa e 6 of9 In response to Councilmember Childs, Police Chief Marti said the day shift would have an additional body a couple of days a week with the extra 0-4 FfE. They could also work on projects. Upon vote, the motion passed unanimously. E. Approval of Planning Commission Appointment out of City Limits City Clerk Rinearson presented the staff report, noting at the July 23, 2013, City Council meeting Councilmember Lucarelli explained Planning Commissioner Dee Coppola is moving out of the City, and she would like to finish her term. POMC 2.20.010 Planning commission created states: (1) Pursuant to Chapter 35.63 RCW, there is created a city planning commission, which shall consist of eight members appointed by the mayor and confirmed by the city council; seven shall be residents of the city and one may be a nonresident of the city except the mayor and city council may, by council resolution, temporarily extend the term of commissioner who, during his or her term, moves out of the city, to provide for continuity of specific projects or planning processes. This matter was continued from the July 23, 2013, Council meeting to tonight's meeting. The motion on the floor is: Councilmember Lucarelli MOVED and Councilmember Childs seconded the motion to allow Planning Commission Member Dee Coppola, a valued member of the commission and who has extensive background in land use issues to continue serving until the end of her official term. In response to Councilmember Putaansuu, City Clerk Rinearson said the term expires December 31, 2015. In response to Councilmember Chang, City Attorney Jacoby said this allows the Council on a case-by-case basis to decide whether to allow a planning commission member to continue serving even though he or she has moved out of the City limits. Councilmember Chang said the issue is do we want to have a planning commission to be represented by residents who live in the City or not. In response to Councilmember Chang, City Attorney Jacoby said the Mayor makes the appointments and the Council confirms. He said this is not an appointment. The question is whether you are going to allow that person to continue to serve for the balance of her term. Councilmember Putaansuu said he intends to vote for the motion. Minutes of August 13, 2013 Page 70f9 Councilmember Powers questioned the attendance record of the commissioners. She spoke in support of the motion. Upon vote, the motion passed with four affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. 7F. Approval of a Conversion Option Harvest Plan Agreement with Gemt, LLC. Development Director Bond presented the staff report, noting GEM1, LLC has submitted a request to harvest timber resources on various tax parcels (Tax Parcels 082301-14-014-2002, o82301-1-010-2006, & 082301-1-013-2003) commonly referred to as McCormick West, while maintaining the ability to convert the property from timberland within the next ten years. The property is approximately eighty-five acres in size and is stocked with a mixture of small and medium diameter "pulp wood trees" and pre-merchantable (10 -20 year old) Douglas Fir. The proposal would remove the inferior pulp wood type trees as well as the alder over story, leaving the well-stocked pre-merchantable Douglas fir trees, allowing them to mature for future harvest. No new haul roads are to be constructed. The applicant has prepared a Forest Practices Application/Notification to submit to the Department of Natural Resources (DNR) for review and approval and although the DNR is responsible for review and approval of the Forest Practice Application, the local jurisdiction must be notified of the action and sign a Conversion Option Harvest Plan Agreement that needs to be included with the DNR application packet. This Conversion Option Harvest Plan Agreement has been brought to the City Council for action because at the present time there are not any code sections that allow the Development director to sign this agreement. Councilme:inber Chang MOVED and Councilmember Lucarelli seconded the motion to approve the Conversion Option Harvest Plan Agreement. In response to Councilmember Chang, Development Director Bond said WAC 222-20-050 deals with the conversion of forestland to non-forest use. This set of regulations is intended to prevent people from buying timberland, clear-cutting it, and then selling it to a developer. They wanted the conversion to occur at the same time as the development. Upon vote, the motion passed unanimously. 8. COMMITTEE REPORTS Councilmember Childs said the next Finance Committee meeting is August 22, 2013, the Economic Development and Tourism Committee meeting is tomorrow at 3:3opm at City Minutes of August 13, 2013 Page 8 ofg Hall, and the Waterfront Plan Committee is on hold until public meetings are held in the Fall. Councilmember Putaansuu said the Utility Committee is this Friday at 7:30 a.m. and the Sewer Advisory Committee meeting is August 21, 2013 at 6:30p.m. Councilmember Chang said the next Lodging Tax Advisory Committee meeting is at City Hall this Thursday evening. Councilmember Powers said the Public Properties Committee met this morning, and the next meeting is scheduled for September 17, 2013, at the Hideaway Cafe. Councilmember Chang gave a report on the meeting where discussions were held on the community center study, commercial truck parking on a residential street, bike racks installed on the path, public art locations, speed humps, and a request for a mid-block crosswalk on Bay Street. An additional meeting will be held on Friday, August 16, 2013, at 10:00 a.m. at City Hall to consider a request for use of Paul Powers Park for football practice. 9· MAYOR'S REPORT Mayor Matthes reported on the following: • He is working with Washington State National Guard on a program called Patriots, Soldiers, Neighbors. They want to work with the Council, Mayor and citizens. • The National Night Out event on August 6, 2013, was successful. • On Saturday, there was a big farmer's market and steamboat show, and on Sunday The Cruz had 500+ cars. He thanked the Saints Car Club members for all of their hard work. • This Thursday Fathoms 0' Fun will have another Concerts on the Bay featuring Cowgirl Dreams. • The 17th Annual Cruisin' Sunday is a free event scheduled for August 25, 2013, at the Christian Life Center. to. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the following: • On August 27, 2013, the Sidney paving and street-end contract will before Council for consideration. • In September, the McCormick Park contract, the traffic impact fee, and the real estate services for the pedestrian path will be before Council for consideration. • Bay Street Pedestrian Path Segment 4 contract readiness for $336K has been submitted to the Department of Commerce for approval. • Tomorrow there will be two ribbon cuttings starting at 9:30a.m. at Dekalb Pier and Segment 5. Minutes of August 13,2013 Page 9 of 9 Mayor Matthes gave a report on behalf of Treasurer Martin that the second quarter report shows the City is in good shape and we are tracking very well. Development Director Bond reported: • The public art plan that was discussed at Public Properties will be put on the website. He hopes each Councilmember can identify their top choices, which will help create a list of the top 12 places to install art in the City. • The DOD update is coming along and it is up on the website. It will also be sent to the community and councilmembers. • The Sidney & Sedgwick apartments are constructing 126 units in a short amount of time. City Clerk Rinearson reported the foot ferry revenues are over $100 from projections. This does not include revenues from The Cruz . 11. CITIZENS COMMENTS There were no citizen comments. At 8:46 p.m., Mayor Matthes reconvened the meeting after as-minute recess. 12. EXECUfiVE SESSION At 8:46 p.m., Mayor Matthes recessed the meeting for a 30-minute executive session regarding real estate matters in accordance with RCW 42.30.110(1)(b) and qualification of candidates in accordance with RCW 42.30 .110(1)(h). The Mayor announced that no action would be taken because of the executive sessions. At 9:16p.m., Mayor extended the executive session for an additional15 minutes. At 9:29p.m., Mayor reconvened Council back into regular session. 13. ADJOURNMENT At 9:29 p.m., Mayor Matthes adjourned the meeting. '// ~ ................ ~ A /' D. ~EeL": -~ ...... ~~~1.Q~f{t, .. b-d~~dd Brandy Rinearson, CMC, City Clerk ~~-:.:~fORA,-iJ~Y C. Matthes, Mayor ~~.·,':' ·. ~ ::1-..~ ~. ~ =-... . -iu:-~ i•z§ -. ...·--\ . ...:;::~ .,~ ..... ~ ~.-~.'A.._ <!!£~ ··~.:-~~:EMe";.• ~"-,~ .,,;:r,~ ...... ~,~-.; ~',,, ~ M~'" ~,,flf .. ~,,