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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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