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02/12/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of February 12, 2013 1. CALLTOORDERANDROLLCALL 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, Jim Colebank and Cindy Lucarelli were present and constituted a quorum. City Clerk Rinearson, Public Works Director Dorsey, Associate Planner Stephanie Andrews, City Treasurer Martin, Police Commander Geoff Marti, Acting Development Director Bonsell, Office Assistant II Floyd, and City Attorney Jacoby were also present. Absent: Councilmember John Clauson A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. ~. CITIZENS COMMENT Gerry Harmon urged the Council to vote against approval of the Transfer of Development Rig'ts Program. 3·· APPROVAL OF AGENDA Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion approving the Agenda, as written. Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to add Business Item 7C, Chapter 15.32 "Stormwater Management". Upon vote, the motion passed unanimously. Councilmember Clauson was absent. Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to excuse Councilmember Clauson from tonight's meeting. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. Upon vote, the main motion passed unanimously. Councilmember Clauson was absent. 4· APPROVAL OF CONSENT AGENDA Minutes of February 12, 2013 Page 2 of8 A. Approval of Claim Warrants Nos. 59037 through 59157 in the amount of $377,163.69; January Payroll Warrant Nos. 144963 through 145010 in the amount of $540,117.83; and Treasurer's check book in the amount of $1,619,825.94 B. Approval of January 15,2013, Council Work Study Session Meeting Minutes C. Approval of January 22,2013, Council Meeting Minutes D. Setting the February 19, 2013, Work Study Session Meeting E. Approval of Public Event Application: Saints Car Club Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 5· PRESENTATION A. Kitsap Economic Development Alliance Update John Powers, Executive Director of the Kitsap Economic Development Alliance (KEDA), briefly updated the Council on the activities of the organization, and also thanked the City of Port Orchard and Mayor Matthes for hosting their 4th Quarter Board meeting. One of the things they are doing during their meetings is to have a business briefing on particular topics of interest to employers and businesses. Some discussion items included the flow of . capital, particularly in the credit markets; areas of economy which are showing promise and growth; the largest military construction project in the U.S., which is being conducted at Bangor Base; and the unemployment rate for 2012 posting the lowest in 5 years. He further thanked the City for posting KEDA's quarterly reports on their website under the "Economic Development" section, and appreciates that the City was well represented at the 15th Annual Economic Forecast Conference in January. At that meeting, it was discussed ways for them to more effectively tell and sell our economic story of Kitsap County. A 10 minute film telling the story is titled 'Kitsap Connected' and can be viewed at www.kitsapconnected.org. In conclusion, Mr. Powers informed the Council there is an upcoming Board Meeting on February 21, 2013, at the Kitsap Credit Union; and their Annual Meeting will be held on March 21, 2013, at the Kitsap Golf and Country Club from 11:30 a.m. to 1:30 p.m. The public is encouraged to attend. B. Belfair Bypass Project Ms. Jeanne Cushman provided an update on the Belfair Bypass Project, which has been the number one transportation budget item on the legislative agenda for a number of years. The purpose of the bypass is to facilitate freight, reduce congestion, improve mobility by providing a thru route around the Belfair Urban Area, and will provide an alternative route for emergency responders. Minutes of February 12, 2013 Page3 of8 In response to Councilmember Powers, Ms. Cushman explained the Department of Transportation went through an extensive public comment process when they went through the original design and are still having public comments through this whole process. In addition, the Port of Bremerton, Mason County, City of Bremerton, and the Chambers have all showed their support of this project. In response to Councilmember Childs, Ms. Cushman noted most of the downtown businesses are in favor, but there are a few who are not in support. Mayor Matthes added he was impressed with the safety aspect related to the industrial area. Ms. Cushman agreed with Councilmember Chang stating it is a plus to have an alternate route back to Burley Olalla. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Consideration of the Approval of the Transfer of Development Rights Program Associate Planner Andrews presented the staff report, noting this business item is being proposed for the consideration of the draft Transfer of Development Rights Program. The Port Orchard Planning Department was awarded a $97,000 grant by the Washington State Department of Commerce to study a potential Transfer of Development Rights (TDR) Program. The Port Orchard Planning Department has evaluated, analyzed, and drafted a potential TDR program as part of the 2012 Department work program. The grant originally had an expiration date of December 31, 2012, but was extended to February 28, 2012. The Planning Commission held Public Hearings on the draft TDR Program on October 15, 2012 and November 19, 2012. A Resolution recommending adoption of the TDR Program and Code was passed by the Planning Commission on December 17, 2012. The City Council was initially presented with the draft TDR Program and Code at the November 20, 2012, Work Study Session. An additional Work Study Session was held on January 15, 2013, and a Public Hearing was held on January 22, 2013. To satisfy the grant requirements, the Council must either accept the program or not accept the program as written. Associate Planner Andrews said that if the Council's intent is to vote no on the TDR proposal, that they also would not be considering adoption of the Interlocal Terms and Conditions Rule, as required by our grant. It was agreed that this would not be necessary unless the TDR program was adopted. Minutes of February 12, 2013 Page4of8 Councilmember Putaansuu voiced his concern of the downtown area being the only receiving area. Overall, he does not believe this is a bad program, but he will be moving to deny the TDR program. Councilmember Chang mentioned he does not see any benefits to the City. He is curious as to why the Planning Commission supported this. Acting Developer Director Bonsell explained they were apprehensive about it, but it was relayed to them that this was just a tool for development, and it may not work. They wanted to show support for this type of unusual program. Associate Planner Andrews explained no one from the public came to speak on this issue at the public hearings. · In response to Councilmember Powers, Acting Development Director Bonsell agreed if the Council votes to deny the TDR Program, they can open this back up in the future to look at other receiving areas, but it would incur additional costs. Councilmember Lucarelli voiced her opposition stating the City could use those credits in other places, not just in Port Orchard. We have so much more room to use them for than just the 3 blocks of downtown. The downtown area has regulations and we need to stick with them. Councilmember Chang said he is concerned with the loss of control. If someone received TDR's and had to go before the hearing examiner, they would not come to the Council or the Planning Commission. Councilmember Lucarelli MOVED and Councilmember Childs seconded the motion to deny approval of the Transfer of Development Rights Program and Code proposal at this time. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. B. Approval of Contract No. 029-13, Authorizing the Mayor to Execute SKSD Quit Claim Deed, Drainage & Temporary Construction Easement, Real Estate Excise Tax Affidavit and Release of Easement Associated with Cedar Heights Sidewalk Project Public Works Director Mark Dorsey presented the staff report, noting as required for the purpose of constructing frontage and drainage improvements associated with the City's federally funded Cedar Heights Junior High Sidewalk· project, the South Kitsap School District School Board has executed and conveyed to the City of· Port Orchard via SKSD Resolution No. 1124 (12-13) a Drainage Easement, a Temporary Construction Easement, a Release of Easement and a Quit Claim Deed for dedicated right-of-way along Pottery Avenue. These documents, together with a real estate excise tax affidavit, must be signed by the City and recorded with the Kitsap County Auditor. Minutes of February 12, 2013 Pages of8 In response to Councilmember Putaansuu, Public Works Director Dorsey noted the City is working on a Sewer Easement, which is a separate issue. The force main extension and gravity piece is either within the right-of-way or dedicated right-of-way piece. If we did not receive the easement initially from the South Kitsap School District we would still move ahead with this project. Councilmember Powers complimented and thanked Public Works Director Dorsey for all the work he has done. He inherited this project, which was in bad shape and has done a great job. Public Works Director Dorsey explained they are hoping to be under construction by June 14, 2013. Councilmember Powers MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute on behalf of the City a Drainage Easement, a Temporary Construction Easement, a Release of Easement, a Real Estate Excise Tax Affidavit, and a Quit Claim Deed for dedicated right-of-way along Pottery Avenue as required for· the Cedar Heights Sidewalk Project. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. C. Approval of Ordinance 003-13, Amending POMC Chapter 15.32 'Stormwater Management' to Authorize Permit Extensions City Attorney Greg Jacoby presented the staff report, noting in recent years, as a response to the difficult economic tim~s, the state legislature has amended the state's subdivision code on several occasions to extend the nuniber of years before a residential final plat must be submitted for approval. However, no such legislative extensions have been provided for commercial development. Chapter 15.32 sets forth the City's development requirements for stormwater management. Stormwater management permits may be issued with a maximum duration of three years. Grading permits associated with stormwater management expire after six months. In response to inquiries from the development community, City staff is proposing to amend Chapter 15.32 to allow the Director of Public Works to grant a one-time extension not to exceed two additional years. This will provide property owners and developers with additional time to finance and construct commercial projects. But at the same time, it will minimize opportunities to vest permit standards for projects that are unlikely to be built. This is not an open-ended process. Public Works Director Dorsey added they do not automatically receive the two-year extension. If they have no interest to finish the project, there would be no benefit for requesting the extension. Minutes of February 12, 2013 Page 6 of8 In response to Councilmember Chang, Public Works Director Dorsey stated the Horstman area is not impacted, because it is a residential plat; however there are numerous projects within the Bethel Corridor that could benefit from this revision of the Code. Councilmember Chang said one of the problems we have with Bethel is development has not happened. He questioned if this would encourage development or would it give them pause. Public Works Director Dorsey responded, stating this is encouraging development, noting that Home Depot is the largest commercial development within the City who has a lot to lose if they lose their vesting. Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to adopt Ordinance No. 003-13 amending Port Orchard Municipal Code Chapter 15.32 'Stormwater Management' so as to allow a one-time permit extension not to exceed two additional years. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 8. COMMITIEE REPORTS Councilmember Chang reported the Public Property Committee met to discuss the eleven segments of the Bay Street Pedestrian Path; the Prospect Alley improvements; the Sidney round-a-bout, the road-end near the foot ferry dock; and benches to help support Leadership Kitsap. Councilmember Childs reported the Finance Committee met and Public Works Director Dorsey spoke about a couple projects and City Treasurer Martin shared the sales tax revenues was positive. He further mentioned the Economic Development & Tourism Committee will meet February 13, 2013, at 3:30 p.m. and has a full agenda. Councilmember Putaansuu reported the Utilities Committee held several public meetings regarding the STEP System Conversions. They sent out 120 letters and are looking for 6o people to commit to the conversion. The deadline is the end of February, but it could be extended if needed. Councilmember Childs reported the Waterfront Plan sub-committee meeting will be held on February 25, 2013, with Port of Bremerton Commissioner Larry Stokes, Councilmembers Powers, Clauson, and himself. Councilmember Powers reported the Transportation Policy Board will meet on Thursday, February 14, 2013, at the Government Center in Bremerton in the Mayor's conference room. This is a critical meeting for Port Orchard as discussions will be held regarding funding for Tremont Street. 9· MAYOR'S REPORT Minutes of February 12, 2013 Page 7of8 Mayor Matthes read a letter thanking the Public Works staff for their professional and courteous work when they helped a citizen with their plugged STEP system; and mentioned the public works department has been using their new truck to lay de-icer on the streets. 10. REPORT OF DEPARTMENT DIRECfORS Public Works Director Dorsey reported the Segment No. 2 of the Bay Street Pedestrian Pathway is moving along; the Water Street boat ramp is almost finished; the DeKalb Pier Phase 1 construction bids and the Segment No.5 Bay Street Pedestrian Pathway bids are due February 15, 2013; Cedar Heights sidewalk project process will begin in April, hopefully wrapping up in October; there is a potential of funding available for the Tremont Corridor project, which is "shovel ready"; submitted an application for the DeKalb Pier for Phase 2 to the State Legislator, as well as Segment No. 4 of the pathway which is the bridge; and have $259,000 Federal money for the Cedar Heights project; and $425,000 for the Bay Street pedestrian pathway project for right-of-way easement acquisitions. City Treasurer Martin reported Finance Department has been working with Public Works to come up with a financial plan on the Tremont project; will be attending the AWC City Legislative Action Conference in Olympia where he will be paying close attention to the topic "Ideas to Help Manage your Cost". Acting Development Director Bonsell reported staff is working under direction of the Public Works to create a draft Capital Facilities Plan, which is mostly complete; a Public Hearing on February 25, 2013, in front of the Planning Commission regarding the Capital Facilities Plan; permits are going out in a timely matter thanks to minor adjustments; and thanked the Council for making a decision on the TDR grant before the deadline. City Attorney Jacoby reported the union negotiation team has requested a meeting with the Council following the February 26, 2013, Council meeting. 11. CITIZENS COMMENTS There were no citizen comments. 12. EXECUTIVE SESSION No executive session held. 13. ADJOURNMENT At 8:14p.m. Mayor Matthes adjourned the meeting. Brandy Rinearson, CMC, City Clerk Minutes of February 12, 2013 Page 8 of8