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08/25/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 25, 2015 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Cartwright Councilmember Chang Councilmember Childs Councilmember Clauson Councilmember Lucarelli Councilmember Putaansuu Mayor Pro-Tern Ashby Mayor Matthes Present Present Present Excused Present Present Excused Present Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Office Assistant II Floyd, and City Attorney Morris were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Nick Whittleton spoke about property and derelict building nuisances. We need something in place that protects the citizens, business owners, and city, from this type of negligence. Nicole Vaught thanked Mayor Matthes for his participation in the celebration of the 70th Anniversary of the end of WWII on August 17, 2015. In addition, she urged the Council to have open and direct conversation when people come to the City Council meetings. Stanley Smith spoke about the issues he has been having with the City since he purchased a building on Bay Street, with the understanding the building was a residential triplex. Sharron King invited everyone to the City's 125th Anniversary Celebration on Saturday, September 5, and briefly spoke about the events scheduled and memorabilia available for purchase. Minutes of August 25, 2015 Page 2 of 8 Teresa Osinski, Home Builders Association, yielded her time to Stanley Smith, who continued to discuss his property on Bay Street, and his interaction with City staff. Councilmember Cartwright and Mayor Matthes asked Mr. Smith to prepare a written timeline and give to the City Clerk to pass out to the Council. City Attorney Morris said we should not be discussing this permit application within this forum, as there a number of facts that you need to be acquainted with. In addition, Mr. Smith's attorney has threatened litigation. Roger Jensen, Saints Car Club, spoke about the recent Cruz, and gave a brief history of the Saints Car Club. Lorin Blank spoke in support of Stanley Smith, noting Mr. Smith has been trying to improve the property, which has also improved the neighborhood. Ben Wilkerson said there seems to be a lack of downtown business awareness from this City Council. Only one member has been seen downtown. There is great potential in downtown Port Orchard; however, there does not seem to be anything to draw visitors. Shelly Wilkerson concurs with Mr. Smith. There are serious coding issues in Port Orchard. The City's sign and coding restrictions are very unfriendly to promote events and our local businesses. Bryan Petro said to come down to the 125th Anniversary Celebration because you will learn why we have these problems, and why they have not been solved. In addition, he spoke about permits, banners, and sidewalks. Elissa Whittleton spoke about the derelict properties in downtown Port Orchard. In addition, spoke about citizens by the Ridge wanting the City to possibly reduce the speed or add a crosswalk by the McCormick Park. Vance Vaught spoke about different City projects and the motion tonight to revisit the Tremont Overlay District. Tammy Johnson questions why a company was allowed to buy many buildings downtown, and be able to sit on the buildings, which are ran down and rat infested. We need an ordinance that protects this town from that happening, and the need of a City Council that gets to know the businesses and business owners. Minutes of August 25, 2015 Page 3 of 8 Mr. Martinez has yet to see any Councilmembers come into his business, to meet him or his wife. It is tough owning a business in downtown, and they are just about ready to leave. It is a shame that Myhre's is still closed and boarded up. Ms. Martinez hopes the Council is here because they really'do care about our town. She has not seen any Councilmembers, except for Councilmember Chang and Mayor Matthes. She loves Port Orchard, but we seem to keep getting more and more vacant buildings. She urges the Council to do something for Port Orchard. Jean Foster has never seen a City plan. If people are unaware of the direction the City is going in, it is hard to comply. Without a direction, we cannot change it. Those ideas should be conveyed to all store owners. Also, she is upset about the 2 hour parking on Bay Street. It should at least 4 hours. KT Arthur voiced her disappointment in Councilmember Ashby. She has also only seen Councilmember Chang downtown and no other Councilmembers. The current downtown property owner is driving the properties into the ground. We want a Council who cares and participates. 3. APPROVAL OF AGENDA MOTION: By Councilmember Cartwright, seconded by Councilmember Chang, to add item 4D, excusing Councilmembers Clauson and Ashby. The motion carried. MOTION: By Councilmember Chang, seconded by Councilmember Cartwright, to accept the agenda as presented. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 64786 through 64866 totaling $221,143.91 B. Approval of August 11, 2015, Council Meeting Minutes C. Approval of a Contract with US Archive & Imaging Services, Inc., for a Document Management Software D. Excusal of Councilmembers Clauson and Ashby MOTION: By Councilmember Chang, seconded by Councilmember Cartwright, approving the Consent Agenda as amended. The motion carried. 5. PRESENTATION No presentations were held. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS Minutes of August 25, 2015 Page 4 of 8 A. Rescinding a Previous Motion Regarding the Adoption of the 2015 Comprehensive Plan Amendment Agenda-Removal of Reference to the Tremont Overlay District from the Comprehensive Plan City Clerk Rinearson read the staff report, noting on July 28, 2015, a motion was made by the City Council on a proposed 2015 Comprehensive Plan amendment agenda containing a single amendment to remove references to the Tremont Overlay District from the Comprehensive Plan. The vote was 3-3 and the Mayor broke the tie, voting in favor of approving the 2015 agenda. Since the meeting, staff spoke to the absent Councilmember and for the interest of saving significant amount of staff time working on this project, it was recommended to bring this item to the August 18th Work Study Session for additional discussion. At that meeting, the absent Councilmember voice support on the proposed 2015 Comprehensive Plan amendment agenda containing a single amendment to remove references to the Tremont Overlay District from the Comprehensive Plan; and that would change the direction of the previous adopted motion. The other Councilmembers voiced his support and Councilmember Putaansuu will rescind the motion made at the July 28, 2015, meeting at the next Council meeting. Based on Robert's Rules of Order, any councilmember wishing to rescind a previous motion can do . so by one of the following: 1) Notice given to the majority of the Council that a motion is being rescinded, 2) a 2/3 majority vote; or 3) the vote of a majority of the entire membership of the voting body. Giving notice to the majority of the Council is done by: 1) by announcing an intent to make such a motion at the meeting immediately preceding the meeting at which the motion is to be made; or 2) by having the secretary include notice of that intent in the call of the meeting at which the motion is to be made. This is the written notice of the time and place of the meeting, which is mailed or distributed to members in advance of the meeting. Minutes of August 25, 2015 Page 5 of 8 On August 20, 2015, written notice was given to all Councilmembers regarding a motion being rescinded, and because of that, the motion being made to rescind will only need the simple majority to pass. The previous motion that passed was: By Councilmember Clauson, seconded by Councilmember Putaansuu, to adopt the attached 2015 Comprehensive Plan amendment agenda as presented. MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs, to rescind the motion relating to the Tremont Overlay District for the 2015 Comprehensive Plan amendment as previously presented at the July 28, 2015, Council meeting. Councilmember Cartwright noted he was the Councilmember that was absent. He received a call from Development Director Bond, asking how he would have voted. He understood the motion was to remove the interim ordinance, and remove it from the comp plan. He felt they have done significant amount of work, and did not want it removed from the comp plan, and understands there is still more work to do. Councilmember Putaansuu made the motion to rescind based upon gaining the knowledge from Mr. Cartwright on how he would vote. He did not want staff do months of work when we know what the outcome of the vote was going to be. We still have work to do for the overlays and City centers. The motion carried. B. Approval of a Contract with PND Engineers, Inc. for the 2015 DeKalb Pier Phase 2-Required Permit Updates Public Works Director Dorsey read the staff report, noting as part of the recently approved-2015- 2017 Capital Budget, the City of Port Orchard received an additional $500,000 Community Capital Facilities Grant from the Washington State Department of Commerce for the completion of the Dekalb Pier Repair, Replacement and Renovation Project, being the Phase 2 -Pier Extension and Float Replacement work. As you will recall, the City was awarded $679,000 within the 2011-2013 Capital Budget, whereby the Phase 1 & Phase 2 -Final Design and Permitting work was completed, as well as the Phase 1 construction .. Then, within the 2013-2015 Capital Budget, the City was awarded $255,000 from the Capital Budget for Phase 2 completion, but the City was unable to move ahead with project completion until all needed funding was in place. Now, with the recent $500,000 award (combined with the previous $255,000}, it is anticipated that the Dekalb Pier Phase 2 Work can now be completed within 2016. In the meantime, the City must update the Minutes of August 25, 2015 Page 6 of 8 Permits issued in 2013 in order to finalize the Department of Commerce Contract in early 2016 for the $755,000 funding. MOTION: By Councilmember Childs, seconded by Councilmember Lucarelli, to authorize the Mayor to execute Contract No. 025-15 with PND Engineers, Inc., in the amount not to exceed $4,000 for the DeKalb Pier-Phase 2 required permit updates. The motion carried. At 8:15 p.m., Mayor Matthes recessed the meeting for a 30-minute executive session regarding potential litigation in accordance with RCW 42.30.llO{l)(i). City Attorney Morris and Nick Bond were invited to attend. At 8:45 p.m., Mayor Matthes recessed the meeting for 10-minute executive session regarding potential litigation in accordance with RCW 42.30.llO(l)(i). City Attorney Morris and Nick Bond were invited to attend. At 8:55, Mayor Matthes reconvened Council back into regular session. 8. COMMITTEE REPORTS Councilmember Putaansuu gave a report on the Finance committee, noting they discussed the budget, court video system, and police motorcycle. Councilmember Cartwright reported the Economic Development Committee will meet September 14, immediately following the Public Property meeting. Councilmember Putaansuu reported the Utility Committee will meet September 8. Council member Cartwright reported the Public Property Committee will meet September 14. Councilmember Chang gave a report on the Lodging Tax Advisory Committee, noting they went over the schedule, and approved an application to be released to applicants. The next meeting is scheduled in October with the applicants and their completed applications. Councilmember Lucarelli reported Chimes and Lights Committee will meet September 14. Mayor Matthes reported the next work study is September 15, and the next Town Hall meeting is scheduled for October 15. Minutes of August 25, 2015 Page 7 of 8 Councilmember Cartwright reported on the Kitsap Regional Coordinating Council (KRCC), noting they discussed the money that has come through, and the proposed 2015 work plan, and the draft 2016 work plan. 9. MAYOR'S REPORT Mayor Matthes reported he attended the last 125th Anniversary Committee meeting, and he hopes all citizens come and enjoy the activities on the 5th. The Taste of Port Orchard is scheduled for the 6th. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported staff has started conversations with Puget Sound Energy. The current franchise agreement expires October, 2016. The storm drainage discussion as approved by Council will be at the September 8 Utility Committee. Development Director Bond reported they had a productive discussion today with Senator Angel concerning Bethel and Sedgwick, and future city needs in regards to those corridors. 11. CITIZENS COMMENTS Elissa Whittleton voiced her concerns about potential drought concerns and Well 48. Mike Eliason Kitsap Realtor, said he will try to attend more meetings, and encouraged business owners to do the same. Also, at the last meeting, development codes were discussed, and if there are any proposed changes to it, you can get those to us, we have a 3-5 day turnaround. Teresa Osinski, Home Builders Association, discussed a document the attorney said was sent to the Building Industry Association of Washington for comment, and there was a 30-day review period. Ms. Osinksi stated if there is any need of review of any documents related to construction in the City of Port Orchard, it would be properly sent to the Home Builders Association of Kitsap County. Gerry Harmon voiced her concerns with companies watering the roads while they are watering their lawns. Brian Petro thanked the Council for taking the time and letting him talk a little bit longer, and also thanked them for letting Mr. Smith tell them his opinion. Also, he talked about business owners and real estate property. 12. ADJOURNMENT The meeting adjourned at 9:15 p.m. No other action was taken . Minutes of August 25, 2015 Page 8 of 8