02/23/2016 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of February 23, 2016
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 7:00 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby Present
Councilmember Chang Present
Councilmember Cucciardi Present
Councilmember Diener Present
Councilmember Donlin Present
Councilmember Lucarelli Present
Mayor Pro-Tern Clauson Present
Mayor Putaansuu Present
Staff present: Public Works Director Dorsey, Development Director Bond, City Attorney Cates, City
Clerk Rinearson, and Court Administrator Hunt, Deputy City Clerk Floyd were also present.
A. Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
William Palmer, representing Kitsap Alliance of Property Owners, voiced his objections to the two
ordinances being proposed tonight.
Gerry Harmon said our City needs to develop a process and ordinance regarding derelict buildings.
Elissa Whittleton would like to find out what happened to the draft derelict building ordinance
discussed at last year's Public Property Committee.
John Allen congratulated the City for now having an ADA Coordinator; complimented City Clerk
Rinearson on putting hearing access signs in the chambers; and complimented the Mayor, Council
and staff, on their microphone discipline, which helps people with hearing disabilities.
3. APPROVAL OF AGENDA
Minutes of February 23, 2016
Page 2 of 11
MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve the agenda
as presented.
MOTION: By Councilmember Donlin, seconded by Councilmember Clauson, to move Consent Item
4C to business item 7G.
The amended motion carried.
The main motion carried.
4. APPROVAL OF CONSENT AGENDA
A. Approval of February's Bi-Weekly Check Nos. 66010 through 66100 totaling $184,341.48;
and February Bi-Weekly Payroll Check Nos. 146856 through 146880 totaling $358,107.57.
B. Approval of February 9, 2016 Council Meeting Minutes
C, Adoption of a Resolution Authorizing the Purchase of a 201G 4'A'D Dodge Ram % Ton
extended Cab, and a 201G 4'ND Doege Rarn % Ton Regular Cab for the Public }A'orks
Departrnent
D. Adoption of a Resolution Approving a Contract with GeoEngineers, Inc. for the Preparation
of a Phase I Environmental Assessment (Resolution No. 018-16 and Contract No. 021-16)
E. Adoption of a Resolution Approving a Contract with Jones & Jones Architects + Landscape
Architects for the Design of McCormick Village Park Phase 2 (Resolution No 019-16 and
Contract No. 022-16 )
F. Adoption of a Resolution Authorizing the Surplus of the Code Enforcement Vehicle
(Resolution No. 020-16)
G. Adoption of a Resolution Increasing Conflict Public Defense Fees and Pro-Tern Judge Fees
(Resolution No. 021-16)
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the
Consent Agenda as amended.
The motion carried.
5. PRESENTATION
No presentations were held.
6. PUBLIC HEARING
Minutes of February 23, 2016
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A. Public Hearing and Adoption of a Resolution Granting a View Protection Overlay District
Exemption to Paul Berg for Properties Located on Kinsley Lane (the Short Plat of 903 Sidney
Ave.)
City Attorney Cates asked the Council several questions in regards to this Public Hearing, as
required by the rules of Appearance of Fairness Doctrine. She reminded the Council that while
they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a
quasi-judicial body. City Attorney Cates asked if any Councilmember had any ex parte
communication with anyone regarding this application. There was a unanimous response of no
from the Council. City Attorney Cates further asked if any Councilmember had any financial
interest in this property, with the applicant or representative of the applicant, either directly or
indirectly relating to the property involved. There was a unanimous response of no from the
Council. City Attorney Cates asked if any Councilmember had any reason to believe they would not
be able to render a fair and impartial decision based on the information they receive today. There
was a unanimous response of no from the Council. City Attorney Cates asked if any member of the
audience felt any of the Councilmembers should not participate in the hearing. There was no
response from any audience member.
Staff report: Development Director Bond presented the staff report, noting the City has received a
request for multiple View Protection Overlay District (VPOD) exemptions from Paul Berg for 803,
809, 815, and 821 Kinsley Lane. Exemptions are authorized under POMC 16.20.712 upon findings
and conclusions by the City Council that demonstrates the proposal meets the criteria for granting.
The resolution which has been prepared in conjunction with this staff report includes suggested
findings based on site visits by city staff and a review of the application and supporting materials. A
Public Hearing notice for the proposal was published, mailed to all residents within 300 feet of the
subject properties, and posted at the site indicating that a public hearing would be conducted on
February 23, 2016.
Mayor Putaansuu opened the public hearing, and there being no testimony, closed the Public
Hearing at 7:18pm.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a
resolution, granting an exemption from the view protection overlay district regulations under
POMC 16.20.712 to Paul Berg for properties located at 803, 809, 815, and 821 Kinsley Lane; and
adopting findings and conclusions.
MOTION: By Councilmember Diener, seconded by Councilmember Ashby to change Conclusion E
to read "Pursuant to POMC 16.20.712(b), granting the Berg VPOD exemption request is not in
consistent with the Comprehensive Plan."
The amended motion carried.
The main motion carried.
(Resolution No. 022-16)
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending POMC 10.12 Parking Passes
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Staff Report: City Clerk Rinearson presented the staff report, noting during the review of POMC
10.14 Residential Parking Permit System, it was discovered that the County had been issued
permits in error. The permits being issued were not within the provisions of the code, as they were
not a resident or a guest of a resident. At the January 19, 2016, Work Study Session staff was
directed to update the City's code to allow permits to be issued to County board volunteers and
Councilmembers when visiting the Kitsap County Courthouse, Administrative Building, or City Hall
when conducting County or City business that is expected to last longer than the posted time
limitation on the City streets.
MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, to adopt an ordinance
amending the Special Passes provisions of Chapter 10.12 ("Parking, Standing, and Stopping") of
POMC Section 140 Special Passes.
Councilmember Clauson said the term motorists can refer to anyone visiting City Hall or the
County courthouse.
Mayor Putaansuu noted that what was originally drafted was very specific, and it was the
recommendation of legal counsel to change the verbiage.
City Attorney Cates stated the original draft of the ordinance was too limited, and needed to be
equally applied. It seems as if most people visiting City Hall can be in and out within the time limits
of parking.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to send this back to
our Land Use Committee and work through our attorney to re-write this and address some of the
concerns shared tonight.
Mayor Putaansuu noted his concerns with sending this to the committee, as the County has been
without permits for the last 2 months. He would like to bring this back in two weeks.
In response to Mayor Putaansuu, City Attorney Cates said she is comfortable redrafting this
without sending it back to a committee.
The amended motion failed unanimously.
Minutes of February 23, 2016
Page 5 of 11
MOTION: By Councilmember Clauson, seconded by Councilmember Donlin to direct staff to take
the comments that were made here this evening and modify this and bring it back to our next
Council meeting.
The amended motion carried.
B. Adoption of an Ordinance Establishing Updated Interim Subdivision Regulations
Staff Report: Community Development Director Bond presented the staff report, noting on
September 8, 2015, the City Council passed Ordinance No. 015-15, which repealed the then existing
subdivision regulations under Chapter 16.72 of the POMC and established an interim subdivision
code, codified under a newly established Title 26 of the POMC, for a period of six months. That
ordinance is ·set to expire at the beginning of March 2016. During the past six months, City staff has
prepared a draft permanent subdivision code. However, City staff requires additional time to allow
for the public, the City's Planning Commission, and the City Council to review and comment on the
proposed permanent subdivision regulations and to officially adopt the permanent regulations once
finalized. Additionally, in administering the interim subdivision code over the past six months, City
staff has identified necessary amendments to the interim regulations to help clarify and assist City
staff in interpreting and administering the interim subdivision regulations (most notably, the
inclusion of a new chapter governing large lot subdivisions). The updated interim subdivision code is
included as Exhibit 1 to the proposed ordinance before the Council for approval tonight, with the
updated revisions indicated in underline and strike-through.RCW 36.70A.390 provides that the City
Council may adopt interim land use controls and ordinances for a period of up to twelve (12) months
provided that a public hearing is held within at least sixty (60) days of its adoption and that City staff
establish a work plan for the adoption of permanent regulations.
MOTION: By Councilmember Diener, seconded by Councilmember Chang, to adopt an Ordinance
establishing updated interim subdivision regulations.
The motion carried.
(Ordinance No. 007-16)
C. Adoption of an Ordinance Establishing Updated Interim Permit Processing Regulations
Staff Report: Community Development Director Bond presented the staff report, noting on
September 8, 2015, the City Council passed Ordinance No. 014-15, which repealed the then existing
project permit processing regulations under Chapters 16.06 and 16.07 of the POMC and established
interim project permit processing regulations, codified under a newly established Title 23 of the
POMC, for a period of six months. That ordinance is set to expire at the beginning of March 2016.
During the past six months, City staff has prepared draft permanent permit processing regulations.
However, City staff requires additional time to allow for the public, the City's Planning Commission,
Minutes of February 23, 2016
Page 6 of 11
and the City Council to review and comment on the proposed permanent permit processing
regulations and to officially adopt the permanent regulations once finalized. Additionally, in
administering the interim permit processing regulations over the past six months, City staff has
identified necessary amendments to the interim regulations to help clarify and assist staff in
interpreting and administering the interim permit processing regulations. The updated interim
project permit processing regulations are included as Exhibit 1 to the proposed ordinance before the
Council for approval tonight, with the updated revisions indicated in underline and strike-
through.RCW 36.70A.390 provides that the City Council may adopt interim land use controls and
ordinances for a period of up to twelve (12) months provided that a public hearing is held within at
least sixty (60) days of its adoption and that City staff establish a work plan for the adoption of
permanent regulations.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt an
Ordinance establishing updated interim permit processing regulations.
The motion carried.
(Ordinance No. 008-16)
D. Adoption of a Resolution Approving a Contract with Parametrix for the 2016 Bethel Road
Paving Bid Documents and Construction Engineering and Procurement Procedure
Documentation
Staff Report: Public Works Director Dorsey presented the staff report, noting in 2016, the City of
Port Orchard Public Works Department will complete the Bethel Road Pavement Repair Project,
which was initiated in 2014. In order to accomplish this 'interim' Bethel Corridor Project, the Ad
Ready Bid Documents need to be revised for Schedules A, B, D and E only, and as was the case in
2015, Bid Support and Construction Engineering is needed. Parametrix, being the Engineer of
Record for the Project, and having been selected in 2014 via a Request for Qualification (RFQ)
process, has provided a proposal for the 2016 Final Bid Document Revisions and Construction
Engineering Services (including Bid Support.) The City's Public Works Department, pursuant to
RCW 39.80, has determined that Parametrix is the most qualified professional services firm to
complete this project and has documented the selection process within the attached Resolution.
MOTION: By Councilmember Lucarelli, seconded by Councilmember Donlin, to adopt a Resolution,
thereby approving Contract No. 012-16 with Parametrix in the amount not to exceed $35,164.27
for the 2016 Final Bid Document Revisions and Construction Engineering Services (including Bid
Support), and documenting the Professional Services procurement procedures pursuant to RCW
39.80.
The motion carried.
(Resolution No. 013-16 and Contract No. 012-16)
Minutes of February 23, 2016
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E. Approval of a Contract with Neptune Marine, LLC for the 2016 Phase II Construction of the
Dekalb Pier Project
Staff Report: Public Works Director Dorsey presented the staff report, noting on January 8, 2016,
the City of Port Orchard Public Works Department Advertised for Bid, the 2016 Phase -2 Dekalb
Pier Improvement Project. By the February 9, 2016 -1:00 PM Bid Opening deadline, the City of
Port Orchard received nine (9) qualified bids, as summarized below:
Engineer's Estimate
Neptune Marine LLC
Quigg Brothers, Inc.
Carlson Construction, Inc.
Redside Construction, LLC
Pacific Marine & Pile, LP
American Construction Company, Inc.
Culbertson Marine Construction, Inc.
Manson Construction Company
Roglins, Inc.
$ 740,000.00
788,993.52
823,619.90
837,147.39
840,685.80
860,523.55
957,864.40
1,047,868.00
1,078,847.50
1,148,632.90
Having determined that Neptune Marine, LLC was the lowest qualified Bidder, the City's Public
Works Department 1) has verified that Neptune Marine, LLC is not on the SAM.gov Debarred list
and 2) has confirmed references.
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to authorize the
Mayor to execute Contract No. 001-16 with Neptune Marine LLC in the amount not to exceed
$788,993.52 for the 2016-Phase 2 Dekalb Pier project.
The motion carried.
(Contract No. 001-16)
F. Approval of Carnival Application: Butler Amusements
Staff Report: City Clerk Rinearson presented the staff report, noting Port Orchard Municipal Code
(POMC) 5.32.080 requires Council approval of an organization requesting to operate a Carnival
within the City. On February 16, 2016, Butler Amusements, Inc. submitted an application
requesting to hold a carnival in the downtown parking lots by Peninsula Feed and the Gazebo,
beginning Thursday, May 12 and ending Sunday, May 15, 2016. Their operating hours will be
Thursday, 5pm to 10pm; Friday, 5pm to 11pm; Saturday, 11am to 11pm; and Sunday; 12pm to
10pm. The carnival will consist of approximately eleven amusements rides, six concessions, and a
food concession. Setup will start the morning of Tuesday, May 10 through Wednesday, May 11, at
approximately 7pm; with teardown and staging of the equipment being from Monday, May 16 to
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May 17, 2016. The applicant has indicated that there will be garbage cans and portable restrooms
at the event; including an ADA accessible restroom. They will have a generator that will cover all of
their electricity needs. They will be seeking a metered connection to a fire hydrant for their one
food concession. The water would be connected to their professional food concession trailer
and used to wash utensils in their three compartment sink. They have received approval from the
Port of Bremerton to use their property, paid the City's required license fee, and have met the
City's insurance requirements. Butler Amusements is aware they must apply for, and be approved
for, a business license before the event. City departments and Kitsap Transit have reviewed the
application and have submitted their recommendation and/or comments.
MOTION: By Councilmember Clauson, seconded by Councilmember Donlin, to approve a Carnival
License for Butler Amusements to be held in the parking lots located behind Peninsula Feed and
the Gazebo, beginning Tuesday, May 10 to Tuesday, May 17, 2016; which includes setup, tear
down, and staging time.
Councilmember Donlin said this will displace the parking permit holders in the parking lots, and
asks if there are any provisions being made?
Councilmember Ashby would like a policy for use of our parking lot. She would also like the event
organizers provide a plan for displaced parking. She also has concerns with accommodations for
the Farmer's Market during that weekend. She is having a hard time supporting the application as
presented.
Council member Chang would support this carnival in an alternate location.
In response to Councilmember Lucarelli, Public Works Director Dorsey noted he would like to keep
Harrison Avenue open using a crossing guard.
The motion failed. Councilmembers Chang, Ashby, Cucciardi, and Lucarelli voted no.
MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve the carnival
license for Butler Amusements to be held in the parking lots behind Peninsula Feed and the
Gazebo, not to include the two parking lots behind Amy's beginning Tuesday, May 10, to Tuesday,
May 17, which includes setup, tear down, and staging time; and to keep Harrison Street open.
Councilmember Chang asked who will be handling the displacement plan.
Council member Ashby noted her .motion is for the displacement plan to be used for the parking
lots behind Amy's for the long term parking, and also to keep Harrison open.
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AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to make
sure we get approval of our fire district before moving forward, pending their agreement.
The amended motion carried.
Allan Mahaney, Fathoms O' Fun, spoke briefly about the carnival, noting they do not need
additional police help, and security is on site. Also they received approval and permission from
most of the businesses downtown.
AMENDED MOTION: By Councilmember Chang, seconded by Councilmember Ashby to require a.
displacement plan for eighty cars before approval of the application.
Councilmember Ashby stated if a replacement plan was submitted, then the lot north of Amy's
would be available to the carnival.
The amended motion carried 6 to 1. Councilmember Diener voted no.
AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Chang to have an
overall displacement plan.
The amended motion carried 6 to 1. Councilmember Clauson voted no.
The main motion carries.
G. Adoption of a Resolution Authorizing the Purchase of a 2016 4WD Dodge Ram Yz Ton
extended Cab, and a 2016 4WD Dodge Ram Yz Ton Regular Cab for the Public Works
Department
Staff Report: Public Works Director Dorsey presented the staff report, noting on February 5, 2016
the City of Port Orchard Public Works Department requested quote(s) for a 2016 4WD Yi Ton
Regular Cab and a 2016 4WD Yi Ton Extended Cab replacement pick-up truck for the City's
Water/Sewer Utility and the Street Department. By the February 9, 2016 deadline, the City
received combined quotes from two (2) local auto vendors and three (3) from the Washington
State Bid List as follows:
State Bid List:
Corwin Ford
Bud Clary Chevrolet
Bud Clary Chrysler Dodge
West Hills Chrysler Jeep Dodge:
Titus Ford:
$59,369.45 (8.6% Tax Included)
$62,335.44 (8.3% Tax Included)
$61,388.36 (8.2% Tax Included)
$61,626.00 (8.7% Tax Included)
$76,300.00 (8.7% Tax Included)
Grey Chevrolet: Did not submit quote
Minutes of February 23, 2016
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Public Works staff reviewed all quote(s) and determined that the West Hills Chrysler Jeep Dodge
bid total of $61,626.00 (8.7% Tax Included) for both the 2016 (4WD) Dodge Ram 1500 Tradesman
Yi Ton Pickup Truck with Regular Cab and the 2016 (4WD) Dodge Ram 1500 Tradesman Yi Ton
Pickup Truck Extended Cab was the lowest responsible quote. Please note that the City's Public
Works Department fleet does not include Ford products and that the $237.64 differential between
the Bud Clary Chrysler Dodge and the West Hill Chrysler Jeep Dodge is negligible when considering
the benefits of buying local (i.e., faster delivery window.) Applicable licensing and recording fees
not included.
MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to adopt a Resolution,
authorizing the purchase of two (2) 2016 (4WD) Ram 1500 Tradesman Yi Ton Pickup Trucks (one
Regular Cab and one Extended Cab) from West Hills Chrysler Jeep Dodge in an amount not to
exceed $61,626.00 for both vehicles, including applicable Washington State Sales Tax, plus any
applicable licensing and recording fees.
The motion carried 6 to 1. Council member Clauson voted no.
(Resolution No. 017-16)
8. COMMITTEE REPORTS
Councilmember Clauson reported the Finance Committee will meet on the 29th.
Councilmember Ashby reported the Economic Development/Tourism Committee will meet March
14th, 9:00am, at City Hall.
Councilmember Lucarelli reported the Utilities Committee met on February 22, and the next
meeting is March 21st, 9:30am, City Hall. Also, Chimes and Lights Committee is proposed for March
14th, 3:30pm, at City Hall, depending on room availability; and she attended a KEDA 1st Quarter
meeting on Thursday.
Mayor Putaansuu reported the Council went to a Council retreat on Saturday which was very
productive.
9. MAYOR'S REPORT
Mayor Putaansuu reported on the following:
• Lobbyist report;
• Contractor has been hired for the fencing of 640 Bay Street;
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• The legislator did not take action on the ability for local government to ban fireworks in
cases of emergencies;
• Spoke to County staffer regarding UGA;
• Attended the memorial and dedication for Trooper Tony; and
• Banner reservations for Bay Street
10. REPORT OF DEPARTMENT DIRECTORS
Development Director Bond reported he has had several meetings with the new owners of
McCormick Woods; received notice of application from City of Bremerton regarding the Sinclair
Ridge project; and met with WSDOT regarding the signs Council approved.
City Clerk Rinearson reported she would like to schedule a Council group photo.
Mayor Putaansuu stated before a Council meeting in spring would be the best time .
11. CITIZENS COMMENTS
Gerry Harmon said some of the discussion at the Courthouse during the UGA hearing was having
an exit near the overpass over Bethel ; and at .the Council retreat it was brought up about not
allowing citizens to speak on anything they want during the first three minute segment .
Nick Whittleton would like to receive an agenda packet before the Council committees meet; and
asked for the date of the next Land Use Committee.
Allan Mahaney, Fathoms O' Fun Inc, thanked Council for passing the carnival application, and
spoke briefly about the parking.
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT
The meeting adjourned at 8:54 p.m. No other action was taken .