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11/26/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 26, 2013 1. CALL TO ORDER AND ROLL CALL Mayor Tim 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 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. Excused: Councilmember Carolyn Powers A. Pledge of Allegiance Boy Scout Troop 1525 led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Bill Hoy expressed his opposition to using eminent domain for the pathway. Trish Tierney thanked the City workers for being proactive with de-icing the streets. Randy Jones spoke against using eminent domain to take his property for the pathway. The. language in the contract with Universal Field Services does not outline that there are other options being considered for the path. He would like the path to continue on the other side of the road. Franklin Rusk spoke against using eminent domain to take his property for the pathway. He disagreed that the pathway would not be below the 10-foot high watermark. He said the City was jumping the gun by appraising the property when the property owners are not willing to sell. Jerry Berg spoke against using eminent domain for the pathway. He asked that other options be used. Aaron Passow said he is concerned about losing his property that he uses as income to support his father. His tenants are concerned about losing their place to live and may move out. He felt there were other options for the pathway. He is concerned about how the homes are going to be appraised. He wants the pathway money to be spent on something else. Eric Gonnason thanked Boy Scout Troop 1525 for coming to the Council meeting. He said that there is much progress going on with the public market on Bay Street, and cited a study Minutes of November 26, 2013 Page 2 of12 that such markets have increased the value of surrounding properties by four times, so now is the time to buy property downtown. Elissa Whittleton said she had sent the Council an email after watching the Work Study session video, and was not sure if they received her email. She reiterated one of her comments from her email speaking against increasing the tax on natural gas. She also spoke against displacing homeowners for the pathway. 3· APPROVAL OF AGENDA Councilmember Clauson MOVED and Councilmember Lucarelli seconded the motion approving the Agenda. Councilmember Putaansuu MOVED and Councilmember Chang seconded the motion to add Business Item 7F discussion of use of the City flag to the agenda. Upon vote, the motion to amend the agenda passed unanimously. Upon vote, the main motion to approve the Agenda, as amended, passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 60776 through 6o86o totaling $108,738.65 B. Approval of November 12,2013, Council Meeting Minutes C. Approval of Contract No. 091-13, Authorizing the Mayor to Execute an Interagency Agreement with the Administrative Office of Courts for Interpreter Funding Reimbursement D. Approval of Contract No. 092-13, Authorizing the Mayor to Execute an Agreement with Gordon Sound Production for Sound System Service during the Festival of Chimes and Lights E. Approval of Letter of Support for the Smart Growth America's Free Technical Assistance Workshops Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Pancreatic Cancer Awareness Month Proclamation Mayor Matthes read the Pancreatic Cancer Awareness proclamation into the record and presented the proclamation to Joan Mabbutt, Puget Sound Affiliate Volunteer Chair of the Pancreatic Cancer Action Network, who thanked the Mayor and Council for their continued support. Minutes of November 26, 2013 Page3 of12 B. 2014 Joint Waste Water Facilities Budget Amendments Michael Wilson, WSUD Manager, gave a presentation on the 2014 Joint Waste Water Facilities budget amendments. In response to Councilmember Putaansuu, City Treasurer Martin said these amendments would not be in our budget. The Council will need to take action at the December Council meeting. In response to Councilmember Childs, Mr. Wilson said the Joint Waste Water Treatment Plant is not self-insured. In response to Councilmember Chang, Mr. Wilson said the $sso,ooo is a one-way transfer. 6. PUBLIC HEARING A. Proposed 2014 Budget City Treasurer Martin presented the staff report, noting a public hearing on the proposed 2014 Budget is required on or before the first Monday of December. The hearing allows Council to take public input, consider public comments, and make any changes as indicated by the majority of the Council. Citizens and community organizations are encouraged to participate by providing the Council with their priorities for future infrastructure priorities, public safety enhancements, cultural and recreational opportunities, and other public services. Following citizen comments, the public hearing will be closed and the Council may continue with its deliberations concerning the 2014 Budget. If the Council has any additional changes, these should be conveyed to staff so that a final 2014 Budget can be presented for adoption on December 10, 2013. Mayor Matthes opened the Public Hearing at 7:51 p.m. Elissa Whittleton spoke in regards to the proposed increase in natural gas tax increase. Councilmember Clauson recommended discussing this topic after the public hearing, as this is not part of the proposed 2014 Budget. Trish Tierney objected to spending $3,000 for a timer to tell citizens it is time to stop talking. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:54p.m. Minutes of November 26,2013 Page4 of12 Discussion was held regarding the natural gas excise tax and the City's options to renew the agreement with Cascade Natural Gas. Council asked staff to give notice to the gas company that we need to renew the agreement and to have this item discussed further at a Work Study. B. 2013 Comprehensive Plan Amendments Development Director Bond presented the staff report, noting in July 2013, the City Council adopted an agenda of comprehensive plan amendments for Planning Commission consideration. On November 18, 2013, after conducting a public hearing in accordance with POMC 16.05.080(1), the Planning Commission adopted Resolution No. 003-13 recommending 4 of the 6 proposed amendments for approval and recommending denial of the remaining two amendments. The City Council, in accordance with POMC 16.05.080 (2) is required to provide an additional opportunity for review and comment prior to voting on the proposed change. The Planning Commission has recommended that the following amendments be approved: 1. The Gaudette Amendment: A request for Comprehensive Plan Map Amendment and Rezone for approximately 4.082 acres at 5616 Sidney Road SW from a zoning designation of Commercial to Residential 4.5, and a Comprehensive Designation of Commercial to Low Density Residential. 2. The GEM1 Amendment: A request for Comprehensive Plan Map Amendment and Rezone for approximately 59.56 acres located North of Clifton Road and East of Feigley Road, parcels 052301-4-013-2000, 052301-4-014-2009, and 052301-4-015- 2008 from a zoning designation of Employment -Industrial/Office and Greenbelt to Residential 8 units/acre and a comprehensive plan designation of Industrial and Greenbelt to Residential: Medium Density 3. The Capital Facilities Plan Amendment: A departmental request for Comprehensive Plan text amendment updating the City's Capital Facilities Plan. 4· The Appendix G Amendment: An update to Appendix G of the Comprehensive Plan to update references to old versions of documents such as the 2008 Parks Plan and 1994 Shoreline Master Program and adding reference to the Public Art Program. The Planning Commission has recommended that the following amendments be denied: 1. The Greenbelt Amendment: A request for a rezone from Greenbelt to Residential 4-5/8 and comprehensive plan amendments from Greenbelt to Residential Low /Medium Density for the Blackjack Creek buffer area from Bay Street south to Lund Avenue (Gil Michael2012 application). 2. Annexation Area Rezone Amendment: A departmental request to rezone numerous properties that are zoned for current use as commercial property but contain single- family residential structures/uses. Mayor Matthes opened the Public Hearing at 8:05p.m. Minutes of November 26, 2013 Pages of12 City Clerk Rinearson read into the record a statement by Mr. Vogel regarding his property which is on Black Jack Creek. He asked to be notified of any meetings that impacted his property, and to date, he has not received any notices. He wants his property to be returned to its pre-2003 zoning. · Jackie Rossworn read into the record a statement by William Palmer on behalf of the Kitsap Alliance for Property Owners. In his letter he objected to the denial of Docket Item 3, because: 1) The Planning Commission made a recommendation of denial without providing their findings of fact and conclusions; 2) the minutes from the November 18, 2013, Planning Commission meeting are not available to the public; 3) staff has reacted to a letter from Allison O'Sullivan, Suquamish Tribe, who wanted potential environmental impacts to be studied; 4) the Planning Commission and planning staff failed to consider the difference between a comprehensive plan amendment and a proposed project; and, 5) a prior environmental impact statement was done in 1995 and was amended in 2008. He asked that the Planning Commission public their findings of facts and conclusions with ample opportunity for the public to review it before the public comment is closed on the amendments. He also recommended this decision be postponed instead of denied. Derek Zimmer spoke on behalf of Mr. & Mrs. Gaudette in support of the Gaudette amendment to change their property's zoning from commercial to residential. Gary Anderson addressed Item 1 of the denial on the agenda. He attended the October Planning Commission meeting. He testified in support of the proposal. He later learned the Planning Commission recommended denial of the proposal. He requested the City Council take a careful look of the greenbelt zoning and how it affects property owners in the City. He does not believe that an unproven opinion be accepted that negatively affects property owners rights or equity. He also learned that one of the criteria used to recommend denial was his absence at the November Planning Commission meeting, and so it must not have been important. He feels his comments should not require further attendance to prove their importance. Doug Skrobut, made himself available to answer any questions regarding the GEM1 application. In response to Councilmember Chang, Mr. Skrobut said the character of the former plan is changing. There is a small commercial piece fronting Clifton Road. Gil Michael, comprehensive plan amendment No.3, which he presented to the Planning Commission in 2012. It was forwarded to the 2013 amendment cycle. For the record, he was not in favor of denying this amendment. He explained the area of the amendment. This proposal returns it to what it was prior to 2003. At the September 26, 2013, Planning Commission meeting, three of the four citizens who spoke, spoke in favor of this amendment. The fact that three of the four citizens that spoke in favor of this amendment Minutes of November 26, 2013 Page 6 of12 was not included in the Planning Commission Resolution that was signed by the Chair. Mr. Michael asked that this be included in the final resolution but it was not. He asked that it be included for the record. He questioned why it was not done. He asked that the properties be allowed to develop in accordance with the state law and the growth management act that requires infill into buildable lands. The original determination of non-significance was done by Mr. Bond, but he stated that the determination was changed to significance, because of a threat of the City being sued by the Suquamish Tribe. No other factual documentation was presented to show the need to change. He does not understand why a threat requires a 180- degree turn in a designation. He also disputed written testimony from Ms. O'Sullivan that the city would be left unprotected. He disagrees. The City already has a Critical Area Ordinance and a Shoreline Master Plan to follow, both of which have been updated. They protect the environment along Black Jack Creek. He asked the Council to change the change back to the 2003 zoning. In response to Councilmember Childs, Development Director Bond said the Appendix G has 10-15 plans that are adopted by reference and a couple of those plans have been updated, or a couple of the plans have been created and they are being added. Councilmember Childs said it was difficult to vote on the amendments without redline highlights of the changes. The way the information is being presented to him, he does not have enough information to know how to vote. In response to Councilmember Clauson, Development Director Bond said there is a typo in the Ordinance. Staff is not recommending denying Appendix G. It is suppose to be the staff initiated amendment to rezone commercially zoned properties. Section 3, Item 2 includes the wrong item. In response to Councilmember Clauson, Development Director Bond said he will make sure the Parks Commission is not still included in the 2012 Parks Plan. City Attorney Jacoby is researching whether the amendments have to be adopted by the end of the year. In response to Councilmember Childs, Development Director Bond said the 2012 Capital Facilities Plan needed to be adopted into the Comprehensive Plan. No changes have been made to it, but at this time it needs to be included in the comp plan. Councilmember Childs wondered why the population information would not be updated now. Councilmember Chang would like to copies of the minutes for the October and November Planning Commission meetings, even if they are in their draft forms. Councilmember Lucarelli would like a copy of William Palmer's letter to the Council. Minutes of November 26, 2013 Page 70f12 In response to Councilmember Childs, Development Director Bond said the email from the Suquamish Tribe was included in the materials provided on the compact disc. Councilmember Chang would like a large copy of the City zoning map available during this discussion. There being no further testimony, Mayor Matthes closed the Public Hearing at 8:46p.m. 7· BUSINESS ITEMS A. First Reading of Ordinance No. 026-13, Amending the 2013 Budget City Treasurer Martin presented the staff report, noting the City Budget is written to capture revenue and expense over the fiscal year. During the year changes to the Budget in both revenues and expenditures need to be recognized by Budget Amendment. Traditionally the City has twice yearly considered Budget Amendments. Most recently, the Council passed Ordinance No. 010-13, on June 11, 2013, that reflected amendments for the first half of 2013. This Budget Amendment Ordinance recognizes amendments for the second half of the year. The Budget Amendment Ordinance reflects the following: 1. $62,816 to Current Expense Fund No. 001 from the Department of Labor and Industries Safety and Health Investment Project (SHIP) Grant. 2. $16,ooo to Current Expense Fund No. 001 from additional Marine Patrol Grant proceeds. 3. $3,300 to Current Expense Fund for increased sales and use tax revenue. 4· $1,ooo from Cumulative Reserve for Equipment Replacement Fund No. 303 for additional expense incurred in outfitting a new police vehicle. 5. $3,300 from Current Expense Fund No. 001 to renovate planter boxes near DeKalb Pier. 6. $6,ooo transfer from Street Fund No. 002 to Current Expense Fund No. 001 for seasonal street workers reassigned to parks maintenance seasonal workers. 7. $70,500 from Storm Drainage Utility Fund No. 421 for drainage improvements along the Bethel corridor. 8. $10,000 from Storm Drainage Utility Fund No. 421 for Storm Drainage infrastructure repairs in conjunction with Bay Street pedestrian pathway segment 2 construction. 9. $58,ooo from Cumulative Reserve for Municipal Facilities Fund No. 302 for DeKalb Street Pier and Bay Street pedestrian pathway project expenses ineligible for grant reimbursement and unanticipated 2012 project expense carryover. 10.$70,000 from Water Sewer Utility Fund No. 401 for Well No.9 additional expenses and unanticipated 2012 project expense carryover. 11. $23,000 from Water Sewer Utility Fund No. 401 for water meters. Minutes of November 26, 2013 Page 8 of12 12. $158,ooo transfer from Water Sewer Utility Fund No. 401 to Water Sewer Cumulative Reserve Fund No. 403 recognizing the Capital Facilities Fee collected as a portion of the Water Sewer rate. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to accept the first reading of Ordinance No. 026-13, amending the 2013 Budget for the City of Port Orchard and direct staff to place Ordinance No. 026-13 on the December 10, 2013 agenda for second reading and final adoption. Upon vote, the motion passed unanimously. B. Adoption of Ordinance No. 024-13, Adopting Additional Chapters and Amending Certain Provisions of the Port Orchard Municipal Code to Allow for the Development of Electric Vehicle Infrastructure Development Director Bond presented the staff report, noting upon direction from the State Legislature, the Department of Commerce created a guide for local governments in Washington State providing model municipal code provisions to allow for electric vehicle infrastructure in Washington's towns and cities. Adoption of the recommended code provisions does not obligate the City to finance or construct electric vehicle infrastructure, but simply allows and provisions for its creation and existence. Councilmember Childs MOVED and Councilmember Clauson seconded the motion to adopt Ordinance No. 024-13, adding chapters and amending various portions of the Port Orchard Municipal Code to allow for electric vehicle infrastructure. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 028-13, Ratifying the Proposed 2013 Amendments to the Countywide Planning Policies Development Director Bond presented the staff report, noting Countywide Planning Policies (CPPs) are required under the Growth management Act. During 2012-2013, the Kitsap Regional Coordinating Council updated the Countywide Planning Policies to clarify language pertaining to essential public facilities and amending Appendix B regarding population distribution. In response to Childs, Development Director Bond said the revisions in the Countywide Planning Policies include a revised population tables for all jurisdictions in Kitsap County, the other change is under "Policies for Siting Public Capital Facilities ( CF)" Item 3, where language was added in response to state law. He stated these amendments were driven by the Kitsap Regional Coordinating Council. Public Works Director Dorsey said the CPPs have been before KRCC for four years and they have been vetted through planning directors and adopted by the local jurisdictions. This resolution is regarding recent amendments to that policy. Minutes of November 26, 2013 Pageg of12 Mayor Matthes said he did not agree with the population allocation to Port Orchard. Port Orchard took a considerable higher percentage of growth than the other jurisdictions. Development Director Bond said Port Orchard has a large UGA and a lot of land is undeveloped. As our land supply diminishes, we will have to make reasonable measures to accommodate population projections so the City can handle its growth. In response to Councilmember Childs, Councilmember Clauson said to look at Poulsbo's UGA; it is small compared to Port Orchard's UGA. We have the buildable ground, our water resources may be a challenge in the future. Councilmember Cartwright MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 028-13, ratifying the 2013 amendments to the Countywide Planning Policies. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 029-13, Renaming City Hall Conference Room 306 to the Carolyn Powers Conference Room City Clerk Rinearson presented the staff report, noting Councilmember Chang is asking the Council to support officially changing the City Hall Conference Room 306 to the Carolyn Powers Conference room in honor of her 26 years of being on the City Council and serving the citizens of Port Orchard. Councilmember Childs said he does not usually support naming public facilities after people, but he will support this resolution. Councilmember Clauson said it seems pretty apropos, because Councilmember Powers was on the committee that helped designed this building. She has been very much involved in the community, and that this is a nice gesture for her service. Councilmember Chang MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 029-13, dedicating the Port Orchard City Hall Conference room 306 to be the Carolyn Powers Conference Room. Upon vote, the motion passed unanimously. E. Approval of Contract No. 093-13, Authorizing the Mayor to Execute an Agreement with Western Timber Inc. for the McCormick Woods Park Phase I Selective Logging Project Public Works Director Dorsey presented the staff report, noting On October 25, 2013, the City's Public Works Department advertised for Bid the 2013-2014 McCormick Woods Park Phase 1 Minutes of November 26,2013 Page 10 of12 Selective Logging Project (PW014-13) using the Port Orchard Independent. On November 15, 2013, the City received one bid, summarized as follows: Western Timber, Inc. $31,800.00 Upon review by Staff, it was determined that Western Timber, Inc. provided the highest responsible bid for the Timber Stumpage Sale-Selective Logging Project with a bid of $31,8oo.oo. Please recall that the selection criteria for this bid process is based upon the Contractor bidding for the right to purchase and remove selected trees and therefore the highest responsible bid is the qualifying bid. In response to Councilmember Cartwright, Public Works Director Dorsey said staff had a timber harvester mark the entire area and prepare a stumpage report. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Contract 093-13 with Western Timber, Inc. in the amount of $31,8oo.oo for the McCormick Woods Park Phase 1 Selective Logging Project. Upon vote, the motion passed unanimously. F. Use of the City's Flag Councilmember Putaansuu asked if the Council was willing to discuss at a future Work Study having a policy and procedure in place for requests for the City flag. Council agreed to discuss this at the January Work Study session and asked City Clerk Rinearson to research if other jurisdictions already have some policies for such requests. 8. COMMITIEE REPORTS Councilmember Clauson reported that the Finance Committee meeting is yet to be determined. Councilmember Lucarelli reported that the Festival of Chimes & Lights will be on December 7, 2013, from n:oo a.m. to 8:oo p.m. She thanked Public Works staff who put up the tree and decorations. She acknowledged Kitsap Bank as the presenting sponsor. Councilmember Childs reported that there will be no ED/Tourism meeting until January. Councilmember Putaansuu reported the Utility Committee discussed the operating agreement with WSUD, and made recommendations to the Sewer Advisory Committee this last week. The other item discussed was the 2014 Joint Waste Water Facilities Budget amendments. He noted that the City might need to extend the current agreement for another 6o days to finalize the new agreement. Councilmember Chang reported that LTAC might meet in January. Minutes of November 26,2013 Page 11 of12 Councilmember Lucarelli reported the next Public Property Committee is scheduled for December 10, 2013, 8:oo a.m. at the Hideaway Cafe. Councilmember Cartwright reported on the KRCC 2013 legislative breakfast where Representatives Haigh, Hansen, Angel, Rolfes, and Seaquist brief description of what they are working on. At the KRCC Executive Board meeting, they discussed the formation of a committee to do an organized review of how to manage KRCC after next year. He will be forwarding some information that was presented by Commissioner Garrido regarding local food production. He also gave a report on the Kitsap Aerospace & Defense Alliance meeting. 9· MAYOR'S REPORT The Mayor Matthes reported on the following: • Moon Dogs Too will be hosting its ~ Annual Thanksgiving on Thursday from n:oo a.m. to 4:00 p.m. They will be providing dinner to those who have nowhere else to go, or who cannot afford it. The meal is free; donations will be accepted. • On December 2 and December 9, 2013, the City will host free economic development webinars at 6:oopm. • He invited everyone to attend the Festival of Chimes & Lights on December 7, 2013. • He invited the public to attend the 2nd Annual Breath of Aire Christmas Concert at the Christian Life Center on December 8, 2013 at 6:oo p.m. to. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey said he hoped to bring the Bay Street Pedestrian Pathway Segment 4 forward in early 2014. He also continues to work with the City Lobbyist for additional funding to complete the DeKalb Pier. City Treasurer Martin said this utility billing cycle will be the first outsourced cycle. City Attorney Jacoby said the Liquor Control Board released the list of applications for marijuana uses today. The period remains open until December 18, 2013. At this time, no one has applied for retail. However, four entities have applied for producer and processor licenses. Only one of the applicants is in the industrial zone. 11. CITIZENS COMMENTS Gerry Harmon spoke against using $3,000 for a public comment timer, and spoke against using eminent domain for the pathway. Eric Gonnason gave his opinion as a bicyclist that there is no need to change to pathway on Bay Street to bicycles. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT atthes adjourned the meeting. ~~~~~~LA~~~~~~~--~--/~ ,,..· .. ___ _ Minutes of November 26 , 2013 Page 12 of12