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01/25/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 25, 2011 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tem John Clauson and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Steven Neelled the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Jerry Arnett voiced his frustration with the ongoing flooding of his residence since the nearby development a few years ago. He requested the City find a solution to this reoccurring problem, noting it is the City's responsibility in accordance with the Comprehensive Plan. 3· APPROVAL OF AGENDA Councilmember Childs MOVED and Councilmember Colebank seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 54939 through 55008 in the amount of $682,400-40 B. Approval ofthe January 11, 2011, Special Meeting Minutes C. Approval of the January 11,2011, Council Meeting Minutes Councilmember Colebank MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Kitsap Economic Development Alliance (KEDA) Bill Stewart, Executive Director of KEDA, reported on the following: • 2011 goals include: Increased recruitment activities; -Contact and recruit soo companies outside ofthe County; Minutes of January 25, 2011 Page 2 of? Design a business profile for each of the Kitsap County communities. The profile can be used to recruit and attract new businesses to the community; and would be available in an electronic format; Provide training and counseling on how new businesses can sell to the Navy and/or government in general. KEDA has received a one-time block grant to assist in this process; Increase business throughout the County, including attracting 20 new businesses to Port Orchard; Provide continued assistance for 52 businesses in Port Orchard; Working with Trader Joes to use our local contractors for their construction projects; -Teamed up with Impact-Washington to help with business for business retention; • Working together with a counterpart jurisdiction to help and establish a low risk mitigation pool; • KEDA took a 29% funding reduction from the State and 25% funding reduction from Kitsap County; and • On a positive note, their private sector funding has increased and is at a record high. In response to Councilmember Chang, Mr. Stewart indicated most small retail business should be getting support from their local chamber; and should they need assistance KEDA offers financing alternatives, demographics, and various market studies. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to add a business item: Adoption of Resolution No. 005-11, Recommending Revisions to Proposed Amendments to the Countywide Planning Policies. Upon vote, the motion passed unanimously. 6. PUBLIC HEARING A. 2010 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan Public Works Director Dorsey presented the staff report, noting pursuant to the provisions of Chapter 70.95 RCW (Solid Waste Management -Reduction and Recycling), a comprehensive state-wide program for solid waste handling and solid waste recovery and/or recycling was enacted by legislation. RCW Chapter 70.95.080 requires each county within the state, in association with the cities and towns located within it, to prepare a 20- year comprehensive solid waste management plan with periodic updates. On September 1, 2010, the Washington State Department of Ecology (DOE) approved the Final Draft of the 2010 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (CSHWMP) -Final Draft. To meet the provisions of Chapter 70.95 RCW, the City proposes to adopt the Plan, entitled "Waste Wise Communities: The Future of Solid and Hazardous Waste Management in Kitsap County." Minutes of January 25, 2011 Page 3 of7 Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:29p.m. 7· BUSINESS ITEMS A. Adoption of Resolution No. 003-11, adopting the 2010 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan Public Works Director Dorsey presented the staff report, noting pursuant to the provisions of Chapter 70.95 RCW (Solid Waste Management -Reduction and Recycling), a comprehensive state-wide program for solid waste handling and solid waste recovery and/or recycling was enacted by legislation. RCW Chapter 70.95.080 requires each county within the state, in association with the cities and towns located within it, to prepare a 20- year comprehensive solid waste management plan with periodic updates. On September 1, 2010, the Washington State Department of Ecology (DOE) approved the 2010 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (CSHWMP)-Final Draft. To meet the provisions of Chapter 70.95 RCW, the City proposes to adopt the CSHWMP, entitled "Waste Wise Communities: The Future of Solid and Hazardous Waste Management in Kitsap County." Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 003-11, adopting the 2010 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan. Upon vote, the motion passed unanimously. B. Adoption of Resolution No. 004-11, Repealing Resolution No. 1983, andRe- Establishing a Business License Fee and a Business License Renewal Fee City Treasurer Martin presented the staff report, noting Port Orchard Municipal Code Chapter 5.12 Business Licenses provides for an annual business license fee and renewal fee established by council resolution. Since 2002 the City has collected a thirty dollar ($30.00) business license fee and an annual renewal fee of thirty dollars ($30.00) from businesses within the city limits. During the recent budget process council considered the pros and cons of a business license fee increase. The consensus was to add a nominal five dollar ($5.00) increase to the business license fee and renewal fee in 2011. Last year the City entered into a partnership with the State of Washington to provide "one stop shopping" for business licensees to use the state's Master License Service (MLS). The web based system streamlined the business application process and currently the City has 2,106 licensed businesses. While business licensees experience a MLS handling charge it also provides an ease of convenience for businesses headquartered in other cities and operating in multiple locations. As general revenue the business license fees help the City meet its goal of supporting existing businesses and the growth of new businesses within the community. Minutes of January 25, 2011 Page 4 of7 Gil Michael voiced his concern with the budget process and opposed raising the business license fee during these economic times, noting funding was already put into the budget to cover KEDA's payment for 2011. Councilmember Olin CALLED for the question. Upon vote, motion passed unanimously. Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 004-11, Repealing Resolution No. 1983, and Re-establishing the City's Business License Fee and Business License Renewal Fee. Upon vote, the motion passed with five qffirmative votes and two dissenting votes. Councilmembers Chang and Colebank cast the two dissenting votes. C. Approval of Contract No. 029-11, Authorizing the Mayor to Execute a Lease Agreement with Key Bank City Clerk Kirkpatrick presented the staff report, noting Key Bank National Association has been leasing a portion of City right-of-way within the Westbay parking lot along Blackjack Creek. KeyBank National Association has exercised their option to renew their lease pursuant to Paragraph 3 of the Lease. Councilmember Childs CALLED for the question. Upon vote, motion passed unanimously. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to approve Contract No. 029-11, authorizing the Mayor to execute a lease agreement with KeyBank National Association for an additional five (5) year period commencing October 1, 2011 and ending on September 30, 2016. Upon vote, the motion passed unanimously. D. Motion to Rescind Council Action Relating to Bay Street Pedestrian Pathway City Clerk Kirkpatrick presented the staff report, noting the Council had discussed at their January 18, 2011, work study session changing their direction to staff regarding the Bay Street Pedestrian Pathway. Should the Council decide to change their mind, Roberts Rules of Order requires the Council move to rescind its motion made at their November 9, 2010, meeting, which would require a majority vote to pass. After a brief discussion, Council took no action regarding Bay Street Pedestrian Pathway. Minutes of January 25, 2011 Page 5of7 E. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Bethel Corridor North Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on Januy 11, 2011, to annex 460 parcels totaling approximately 566 acres. The parcels are located in the vicinity between Sedgwick Road and SE Shelton Lane from the current corporate limits near Blackjack Creek to approximately 1,300 feet east of Bethel Road. The parcels are in the City's currently recognized Urban Growth Area. The majority of the parcels are either designated Urban High-Intensity Commercial/Mixed Use, Urban Medium/High-Density Residential and Urban Low-Density Residential in the County's Comprehensive Plan and are zoned Highway/Tourist Commercial, Urban Low-Density Residential (4-9 DU/Ac.), Urban Medium Residential (10-18 DU/Ac.) or Urban Restricted (1-5 DU/ Ac) in conjunction with the Comprehensive Plan land use designation. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to allow the applicant to circulate a petition for annexation of the property as described in the notice of intent and to include Del's Feed store and the property to the east and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness. Upon vote, the motion passed unanimously. F. Adoption of Resolution No. 005-11, Recommending Revisions to Proposed Amendments To the Countywide Planning Policies Development Director Weaver presented the staff report, noting the Kitsap Countywide Planning Policies (CPPs) are the framework for growth management in Kitsap County. Under the Washington State Growth Management Act, the Puget Sound Region is defined as King, Kitsap, Snohomish and Pierce Counties. These four counties comprise the Puget Sound Regional Council (PSRC), which is responsible for developing the four-county regional transportation and land use vision, via the recently adopted PSRC Transportation 2040 & Vision 2040 (Land Use) plans. The CPPs tailor the Puget Sound Regional Council's regional growth management guidelines to Kitsap County jurisdictions and are the local policy framework for guiding the County's and the Cities' comprehensive plans. The CPPs address 15 separate elements, ranging from urban growth areas to affordable housing to annexation and population distribution. The original Kitsap CPPs (adopted by Kitsap County in 1992) and subsequent revisions (August 2001, December 2003, November, 2004, and November 2007) were developed through a multi-jurisdictional collaboration sponsored by the Kitsap Regional Coordinating Council (KRCC) among: Kitsap County, the Minutes of January 25, 2011 Page 6 of? Cities of Bremerton, Bainbridge Island, Port Orchard, and Poulsbo, the Suquamish & Port Gamble S'Klallam Tribes, Naval Base Kitsap, the Port of Bremerton, and Kitsap Transit. Kitsap County is lead agency for its environmental review and KRCC provides the staffing and direction for coordination between the local jurisdictions. The present CPPs were adopted and updated on November 19, 2007. PSRC is requiring local jurisdictions to update the local CPPs, including Kitsap, to incorporate the PSRC Multi-County Planning Policies and the recently adopted PSRC Vision 2040 & Transportation 2040 plans. Upon local adoption, PSRC will then certify the Kitsap CPPs are in compliance with PSRC requirements. The draft CPP update was reviewed by the Planning Directors from all jurisdictions and the Tribes and forwarded to the KRCC Executive Board on December 1", 2010. Subsequent to release for public comment, amendments impacting Urban Growth Areas and Annexations proposed by a Kitsap County Commissioner were inserted into the CPPs, prior to release for public review. A letter was sent by the Mayor on January 19, 2011 to the KRCC Board regarding the City's opposition to these amendments and the Board discussed the issues at their January 25, 2011 Board meeting. A public hearing on these CPPs is scheduled for Thursday, January 27, 2011, from 5-9 PM at the Norm Dicks Government Center in Bremerton. Councilmember Powers MOVED and Councilmember Clauson seconded the motion approving Resolution No. 005-11, recommending revisions to amendments to the Countywide Planning Policies submitted to the Board of the Kitsap Regional Coordinating Council in December 2010. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS There were no citizen comments. 9· COMMITTEE REPORTS Councilmember Childs reported as the Economic Development Chair met with Port Commissioner Larry Stokes and believed the City is well on its way in re-establishing a great relationship with the Port. 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Sent his support to the Sheriff officers involved in the Wal-Mart incident; • Attended the Kitsap Regional Coordinating Council Executive Board meeting; • Attended the Kitsap Economic Development Alliance Decision Breakfast; • Met with Kitsap Transit Board regarding upcoming issues; Minutes of January 25, 2011 Page 7 of7 • Attended the Puget Sound Regional Council Transportation 2040 working group meeting; • Awarded the Employee of the Quarter to Kori Pearson of the Treasurer's office; • Met with Senator Murray's staff, Kristina Reeves regarding Kitsap Transit Issues; • Met with a citizen interested in selling their property to the City; • Met with Mayor Lent regarding mutual concerns; • Met with Mayor Erickson regarding Kitsap Transit issues; • Met with a developer in reference to a project for the City; • Attended the Port Orchard Chamber Luncheon; and • Attended the Governor's State of the State briefing. Mayor Coppola congratulated Councilmember Putaansuu who was chosen to be on the Kitsap Transit Board. City Attorney Jacoby indicated that staff has provided the Council with a copy of the exhibits regarding the Engley Appeal and will provide further instructions and assistance as the hearing date approaches. In response to City Clerk Kirkpatrick, Councilmember Childs expressed an interest in working the City's booth at the West Sound Business Expo being held February 17, 2011. 12. ADJOURNMENT r Coppola adjourned the meeting.