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09/17/2013 - Work Study - MinutesCity of Port Orchard Council Meeting Minutes Work Study Session of September 17, 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, Rob Putaansuu, Jeff Cartwright, and Cindy Lucarelli were present. Development Director Nick Bond, City Clerk Brandy Rinearson, Human Resources Coordinator Deb Howard, Police Chief Geoff Marti, Fire Prevention Manager Greg Rogers, City Attorney Greg Jacoby and Office Assistant II Jenine Floyd were also present. Absent: Councilmember Carolyn Powers Police Chief Marti led the audience and Council in the Pledge of Allegiance. 1. Discussion: UW Master of Urban Planning Student Project Development Director Bond reported members of the City Council have identified goals for conducting public outreach on a variety of projects including planning the Bethel Corridor, Paul Powers Park, and the Port Orchard waterfront. In addition, the City is required to update its comprehensive plan in 2015 with work beginning on that project in 2014. With limited staff resources, the City has been unable to conduct the public outreach requested and will be challenged with providing a meaningful public process for this required comprehensive plan update. A cost effective opportunity for conducting public processes exists through the University of Washington Master of Urban Planning program. For a small fee, the city could hire a team of university graduate students to come to Port Orchard to complete one of their required planning studio projects. The studio would consist of around 15 students and an instructor, Rick Sepler, who also works as the Development Director of Port Townsend. In studios, students work as a team and tackle a single project over the course of 2 quarters. The first quarter, from January through March, would be in preparation for the project and would take place largely in the classroom. It would include background research and would lay the groundwork for the public processes, which would take place between April and June of 2014. The product of the studio would be a comprehensive written report consistent with the project scope. The students have strong written and visual communication skills and strive to capture public input and use it to create a plan of action. There are many benefits of hiring students. Students bring a great deal energy to a process and generate significant public interest and participation. They can produce a huge volume of work in a short period and can help the City engage its citizens. The work that is produced is of a professional quality and is completed at a fraction of the cost that would be charged by a private company. Rick Sepler, Development Director from the City of Port Townsend, gave the Council a brief update of his history, and background information on the student project. He mentioned the cost is minimal, between $15,000 and $18,000, which is paid during the duration of the project. September 17, 2013, Work Study Session Minutes Page 2 of 5 Council Direction: Council directed staff to move forward with drafting an agreement defining the scope of work and costs, and to draft a resolution regarding indirect fees for the project. 2. Update: Personnel Policies Update Human Resources Coordinator Howard reported in order to keep current with changes in the work place it becomes necessary to amend specific personnel policies and procedures. Our process that Council established provides for the Mayor to review and approve proposed amendments. Various staff has requested a change to the sick, vacation, and holiday policies for part-time employees. Other cities have been researched, as well as Kitsap County policies, and to bring our policies in line with the other municipalities, we propose regular part-time employees (20 hours +) receive sick, vacation, and holiday leave on a pro-rated basis according to hours worked. Currently, part time employees receive half of the full time benefits. The City has seven part time employees, but only four of those employees work over 24 hours a week. Council Direction: Council directed staff to update the Personnel Policies to allow part time employees who work over 20 hours to receive benefits on a pro-rate basis, beginning January 1, 2014. 3· Discussion: Fireworks Councilmember Putaansuu stated about a month ago, we received input from some citizens who had concerns about fireworks. He would like to make sure there is no public safety concern. Police Chief Marti noted the Police department receives about 25 complaint calls regarding fireworks during the Fourth of July holiday. This usually includes July 1 through July 5. He does not see the fireworks issue being a burden to the Police department. He also noted the severity of the problem seems to have decreased over the years. In response to Councilmember Putaansuu, Fire Prevention Manager Rogers noted per Port Orchard Municipal Code (POMC), there is no limit on how many firework stands can operate in City limits. This year and last year there were 13 stands; 2011, 9 stands; 2010, 8 stands; 2009, 10 stands; and 2008, 7 stands. In addition, Kitsap County had only four stands. He also updated the Council that the fireworks industry is in the process of having conditions in place for Costco, Wal-Mart, etc. to begin to sell fireworks. He believes this will happen in the next four to five years. After a brief discussion, Council noted they would like to see firework safety brochures and information put into the utility bills as well as on the City's website around the Fourth of July holiday. September 17, 2013, Work Study Session Minutes Page3of 5 Council Direction: Council directed staff to put this topic on the March 2014, Work Study Session for further review. 4· Discussion: Lodging Tax Committee Recommendation City Clerk Rinearson reported the Lodging Tax committee has met several times, reviewed 2014 lodging tax applications, met with the majority of the applications, and have provided their recommendations to the Council. City Attorney Jacoby noted what the Council has done the past several years using the October and November work study session to review and develop a consensus, and formally vote in November. Councilmember Clauson stated he was very impressed with the work the committee had done. Councilmember Childs believes the Kitsap Visitor & Convention Bureau (KVCB) and the Festival of Chimes and Lights are being underfunded. He said the KVCB has been doing better work. Councilmember Chang said although the KVCB is a popular website, they do not have knowledge of South Kitsap. Since they only received $6,500 last year, they cut us off mid- year. They did not communicate and ask which 6 months we would like them to promote; they just did the first six months of the year. He further explained that Bainbridge Island did not give them any funds for 2013. Councilmember Chang briefly discussed the reasoning behind some of the recommended numbers and 'heads in beds'. Several Lodging Tax committee members spoke about the process and how they chose the recommended amounts. Council Direction: Council directed staff to put this discussion on the October work study session for further review and discussion. 5· Discussion: Council Committee Appoinbnents City Clerk Rinearson reported Councilmember Colebank resigned from Council position No. 1. Mr. Jeff Cartwright was appointed to fill the unexpired position. The committees are as follows: Economic Development/Tourism Committee Kitsap Economic Development Alliance Committee Kitsap Aerospace and Defense Alliance-General Member Kitsap Regional Coordinating Council (Alternate) Puget Sound Regional Council-Trans Pol Peninsula Regional Transportation Planning Organization September 17, 2013, Work Study Session Minutes Page4of 5 Councilmember Cartwright noted there would be a new Councilmember in November after the election; maybe they should wait until the 2014 to revisit committee appointments. Council Direction: Council directed Councilmember Cartwright to resume in Mr. Colebank's position on all committees; however, they would like him to wait until January 2014, for the Peninsula Regional Transportation Planning Organization. 6. Discussion: Recreational Marijuana Development Director Bond reported the rules for recreational marijuana as proposed by the Washington State Uquor Control Board would make marijuana growing, processing, and retail sale possible in Port Orchard. The state will begin accepting applications for licenses to grow, process, and sell marijuana in November. While the proposed rules include some limitations as to where these activities can occur, the City is in the position of deciding whether to further regulate the location of these uses through its zoning code. The Liquor Control Board has just announced the number of retail stores that will be allowed on a county-by-county basis. The Board did not assign any retail marijuana stores to Port Orchard however; Port Orchard could receive one or more of the seven at large Kitsap County stores. It is unlikely that we would receive more than one of these retail stores. In an attempt to understand where stores, processing facilities, and growing operations could be located, City staff has mapped the buffers included in the proposed rules. Washington voters passed I-502 in 2013 legalizing recreational marijuana. The State of Washington Liquor Control Board after conducting an extensive public process, has released the proposed rules for the sale, processing, and distribution of recreational marijuana. These proposed rules make it possible to manufacture, process, and sell marijuana within the city limits of Port Orchard. The Attorney General for the United States recently announced that the federal government would not sue to stop the state from implementing I -502 and the rules proposed will go into effect as scheduled. City staff recommends the Council consider three alternatives in response to the Liquor Control Board's proposed rules: 1. Adopt a moratorium to give the City more time to consider the possible impacts of the rules and to decide if it wants to pass additional regulations, and if so, where these uses should be accommodated. 2. Do nothing and allow these uses to locate in Port Orchard according to traditional zoning definitions. Retail sales would be allowed in commercial zones outside of buffers, processing would be allowed in industrial zones, and manufacturing (growing) would be allowed in agricultural zones. 3. Adopt interim regulations while it studies the issue further. City Attorney Jacoby reiterated this is for recreational use of marijuana, not medical use. Also, the Liquor Control Board will hold a hearing and take formal action in October, the rules will September 17, 2013, Work Study Session Minutes Page 5 of 5 be effective the middle of November, and within a few days, they will start to accept applications. Around March and April of next year, they will issue those licenses. The first retail stores are expected to open the middle of 2014. Council and staff briefly discussed the options provided and the federal and state laws regarding marijuana use. Council Direction: Council directed the Community Development staff to look into regulations for zoning and permitting of recreational marijuana and bring back to the October work study session. · 7· Jerry McDonald Presentations Mayor Matthes reported Jerry McDonald will be showing Roger Brooks videos every Wednesday at 10:00 a.m. for the next 17 weeks at the SEE:film Cinema in Bremerton. There is no charge for this event. Council Direction: No direction was given to staff. 8. Survey from AWC for At-Large Positions Councilmember Cartwright reported he received an email survey from Association of Washington Cities (AWC) regarding at-large positions. City Clerk Rinearson stated A WC is looking for input from all elected officials from cities and towns with a population $15,000 and over. Council Direction: Council directed staff to email the AWC survey to all of the Councilmembers and Mayor. At 8:42 p.m., Mayor Matthes adjourned the meeting. Brandy Rinearson, CMC, City Clerk ~~I#~ Timothy C. atthes, Mayor