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10/15/2013 - Work Study - MinutesCity of Port Orchard Council Meeting Minutes Work Study Session of October 15, 2013 7:00p.m. Call to Order Mayor Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, Cindy Lucarelli John Clauson, Carolyn Powers, Rob Putaansuu, and Jeff Cartwright were present. Community Development Director Nick Bond, Public Works Director Mark Dorsey, City Treasurer Allan Martin, Deputy Clerk Rhiannon Fernandez, City Attorney Greg Jacoby and Office Assistant II Jenine Floyd were also present. City Treasurer Allan Martin led the audience and Council in the Pledge of Allegiance. 1. Discussion: Business Professional Zoning Change Request Marc Islam, a manger of Bridgeport Daffodil LLC, which owns local commercial property, has requested the City Council consider an amendment to the development regulations for the Business Professional (BP) Zone to allow a wider range of uses. Vacancy rates in the building owned by Bridgeport Daffodil LLC are high and some small changes to the zoning regulations are seen as a way to help this owner and economic development in Port Orchard. Development Director Bond was contacted by an attorney, Gary T. Chrey, representing Bridgeport Daffodil LLC, a business professional property owner. Mr. Islam's company owns a business professional building at the intersection of Pottery Ave and Lippert Drive West (1950 Pottery). Mr. Islam is struggling with high vacancy, which he believes is related to restrictions on uses in the BP zone. Mr. Islam is also considering a rezone application, however, the time involved in obtaining a rezone (also amending the comp plan) is lengthy and would likely take until November/December 2014, to complete. Making minor amendments to the BP zone development regulations is seen as an option, which could be completed in less time and at less cost. Alternatives would be: 1. Instruct the Planning Commission to review the BP zone development regulations and make recommendations. Give the planning commission detailed instructions on the scope of regulatory review. 2. Suggest that Mr. Islam instead seek a rezone and comprehensive plan amendment. Mr. Chrey introduced his client, Mark Islam, and let the council know he is there if they have any questions. Mr. Chrey noted his client is challenged as there is a large vacancy, and when perspective tenants come to them, they are not allowed to rent the space due to what is allowed per zoning. They would like more flexibility in the allowed uses in the BP zone. October 15, 2013, Work Study Session Minutes Page 2 of 5 Council and staff briefly discussed the different options and gave examples of the process of each of the options. Council Direction: Council directed staff to have the Planning Commission review the zoning regulations and provide recommendations. 2. Discussion: Legislative Priorities Mayor Matthes presented the Council with the 2014 legislative priorities to be addressed in Olympia, which included: • Transportation Revenue & Funding Bay Street Pedestrian Path • Capital Funding Request for DeKalb Pier • Changes to distribution of liquor revenues to cities • Public Records Act Reform He asked if the Council if they had any changes they wanted to make to the list. Kitsap Regional Coordinating Council (KRCC) would like the City to give our legislative priorities to them by the end of this week. Councilmember Putaansuu noted this reflected what was discussed, and if we add to this, we will delete our effectiveness. Tremont is a huge priority, but we were told there is no funding in this round. Mayor Matthes asked the Council to contact Deputy City Clerk Fernandez by Thursday if they would like to make any changes. Council Direction: Council directed staff to present KRCC with the priorities list. 3· Discussion: Lodging Tax Committee Recommendation (LTAC) City Treasurer Martin explained a decision needed on hotelfmotel tax distribution before the 2014 final adoption of the budget. City Attorney Jacoby noted an amendment was made to the statute, which changes the role of the Council in respect to the recommendations it receives from the Lodging Tax Advisory Committee. The change allows the Council to only approve or reject LTAC's recommendations. The Council no longer has the authority to shift the dollars around to other parties. If a recommendation is rejected, the money is not disbursed and would stay in the lodging tax fund until a new application is run through the process. A majority of the Council could ask the committee to reconsider their recommendation. Several Councilmembers voiced their concern that the Committee is recommending no funds to Visit Kitsap Peninsula (VKP). It was discussed VKP is a great resource for people visiting this area who are looking for things to do, and they deserve to receive October 15, 2013, Work Study Session Minutes Page 3 of 5 funding. It was also discussed the VKP should consider partnering with the local chambers. Council Direction: Council directed the Lodging Tax Advisory Committee to reconsider funding for VKP, and bring back to Council at their next work study session in November. 4· Discussion: 2014 Budget Highlights City Treasurer Martin reported the Mayor's Preliminary Budget was distributed on October 1, including posting on the City's Website. The preliminary budget contains requests and inputs from Department Directors, Mayoral initiatives, and Council Goals as well as ongoing capital projects and required payments over fiscal years. The Adopted Final Budget will contain those changes directed by Council during the review period. Revenue and Expenditures may be raised, lowered, added, or removed during this process as the Council further focuses the City's priorities and financial future. The process follows the 2014 Budget Calendar and meets the state statutory requirements for levying 2014 taxes and adopting the final budget prior to the end of 2013. In addition, there will be a revenue hearing on Tuesday, October 22, 2013, where the Treasurer will discuss the revenue sources of the City and tax issues. Councilmember Clauson briefly spoke about concerns and fairness issues, and also asked the Council to provide what they think is important as they go through the budget process. Councilmembers discussed staffing, streets and sidewalks, Bethel Avenue corridor, taxes and other items noted in the budget, as well as additional projects they would like to see included in the budget. Council Direction: No direction was given to staff. 5· Discussion: PERS 2 & 3 Minimum Requirement Elected Official Compensation Councilmember Clauson said in order to qualify for a monthly service credit, an official must be compensated for more than go times the State minimum wage in a month as of January 1, 2014. A Council member must be compensated $838.80 a month at this time to be eligible for one month of service credit. To compensate for minimum wage requirement increases over terms, the City may want to consider councilmember compensation at $1,000 per month. MRSC published guidance on councilmember's salary changes: The idea is that Councilmembers receiving a change in salary must face the voters prior to receiving any change in salary. October 15, 2013, Work Study Session Minutes Page 4 of 5 The state constitution provides that the salary of a councilmember cannot be increased or decreased during the term of office or after their election. So for those positions whose term expires at the end of December 2013, the Council can increase the salary if the ordinance to do so is enacted prior to the election this November. Councilmember Chang voiced his concerns, noting he has problems supporting this. Council Direction: Council directed staff to bring an ordinance forward at the October 22, 2013, Council meeting, increasing the Council's salary to $1,ooo per month. 6. Discussion: UW Master of Urban Planning Student Project Development Director Bond reported at the previous Work Study meeting, Council discussed hiring Master of Urban Planning students from the University of Washington for helping the City conduct public planning processes. Staff will be working to develop a project scope and contract for consideration at a November Council Meeting, but needs the Council to select a project. Council individually expressed support for two different projects; the mandatory 2015 Update to the Comprehensive Plan Update and the City's Waterfront Plan. Of the two options identified, one of these projects is elective (the waterfront plan) and one (the Comprehensive Plan) is mandated by the State. If the Council would prefer to conduct a waterfront planning exercise, it will likely to be asked to support funding (either staff or professional services) for the comprehensive plan update in the 2015 budget. In response to Councilmember Putaansuu, Development Director Bond noted due to resources currently available, and being mandated by the State, the camp plan project would be preferable. Council and staff briefly discussed the two options with Councilmembers Putaansuu, Clauson and Powers in support of the Comprehensive Plan Update, and Councilmembers Chang, Childs, Lucarelli, and Cartwright in support of the Waterfront Plan. Council Direction: Council directed Councilmember Childs to work with staff on helping to write a project scope for the Waterfront Plan and to inform UW of the desire to work on the Waterfront Plan. 7. Discussion: Recreational Marijuana City Attorney Jacoby reminded the Council the Liquor Control Board will be accepting applications beginning mid-November, with licenses being issued in early 2014. Cities and towns are looking at their land use regulations in light of the regulations the Liquor Control Board was issued. Staff would like the City Council to review the draft regulations and provide feedback. Council is not required to do anything, in which case October 15, 2013, Work Study Session Minutes Page 5 of 5 the default regulations would be the Liquor Control Board regulations, which prohibit marijuana businesses within one thousand feet of certain specified uses. He recommends the Council consider adopting regulations prior to mid November, so the applicants know what the rules are for Port Orchard. The Liquor Control Board would not issue licenses that would affect the City of Port Orchard without notifying us and seeking comments. Development Director Bond noted the area where these types of uses could be allowed is slightly larger than originally thought. Production, processing, and retail are the three types of uses regulated by State law. He provided a map detailing areas of the City where, based on the City's existing zoning code, marijuana uses would be prohibited by state law, as well as a draft of Title 16, with new language for regulations of marijuana. Council and staff discussed zoning regulations, lot sizes, and possible marijuana retail license locations. Council Direction: Council directed staff to move forward with a public hearing on the zoning change in November. 8. Discussion: Public Discourse Councilmember Childs noted public discourse is a two way street. The Mayor and Council bring forth initiatives and resolutions affecting the public, and conversely the public would bring forth their comments, and at times, their own initiatives for the Council to consider. We currently have a system that allows citizens a three-minute citizen comment period during Council meetings. Citizens attending the meetings have recently requested we interact with them during these times. Interactive does not usually happen during business meetings; however, that does not mean we cannot or that we cannot provide some sort of process for this to happen. He discussed several ideas including community forums, rules of decorum, a Saturday morning 'Coffee with the Council', or changing the work study sessions to make them more interactive. Council Direction: No direction was given to staff. 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