03/24/2015 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of March 24, 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
Excused
Present
Present
Present
Present
Present
Present
Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin,
Development Director Bond, Deputy City Clerk Fernandez, and Interim City Attorney Morris were
also present.
A. Pledge of Allegiance
Mayor M~tthes led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Mr. Fred Karakas spoke regarding the way signs are handled downtown and how it is inconsistent.
He would like the merchants to be part of the discussion when the sign code is rewritten.
Mr. Jim Mccary spoke regarding the Andasio Village Project and he submitted a letter regarding
his concerns with the project.
Mr. Don Ryan spoke regarding the need to update the City's sign code to allow merchants the
ability to dress up their buildings and drive traffic to their stores.
Mr. Dan Smallwood spoke regarding the need to update the sign code.
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Mrs. Elissa Whittleton spoke against Council committee meetings being held at the Pancake
House.
3. APPROVAL OF AGENDA
MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Putaansuu, to add to the
Consent Agenda to excuse Mr. Chang from this evening's meeting.
The motion carried.
MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve the agenda
as amended.
The motion carried.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Check Nos. 63807 through 63885 totaling $370,025.86
B. Approval of Public Event Applications: Seagull Splat Run, Seagull Calling Festival and Wing
Cook-Off, and Pirate's Rendezvous Craft and Vendor Show
C. Approval of a Contract with the South Kitsap Western Little League to Lease Givens Field
No. 1 and No. 3 (CONTRACT NO. 042-15)
D. Approval of a Contract with the South Kitsap Pee Wee Association to Lease Givens Field No.
1 and No. 2 and Portion of the Active Club (Basement) Building (CONTRACT NO. 043-15)
E. Approval of a Contract with FloHawks Plumbing+ Septic for the 2015 McCormick STEP Tank
Pumping (CONTRACT NO. 040-15)
F. Approval of a Contract with the Kitsap County Sheriff's Office for a Drug Task Force
(CONTRACT NO. 044-15)
G. Excusal of Councilmember Chang from Tonight's Meeting
MOTION: By Councilmember Putaansuu, seconded by Mayor Pro-Tern Ashby seconded
approving the Consent Agenda as amended.
The motion carried.
5. PRESENTATION
A. Proclamation: World-Wide Parkinson's Disease Awareness Month
Mayor Matthes and Ms. Vivian Henderson read the World-Wide Parkinson's Disease Awareness
Month proclamation into the record and Mayor Matthes presented the proclamation to Ms.
Vivian Henderson, who thanked the Council for their continued support.
B. Fathoms O' Fun Festival Royal Court
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Ms. Sharron King invited the public and Council to their various Fathoms O' Fun events happening
this year. Ms. Helene Jensen introduced the Fathoms O' Fun Festival Royal Court to the Council.
Ms. Sharron King also reported on the 125th Anniversary committee work.
C. South Kitsap Fire and Rescue EMS Levy
Fire Chief Steve Wright presented information on an April election ballot measure.
D. Transportation Impact Fees
Victor Salemann, TSI, Inc., presented the Transportation Impact Fee (TIF) update, which covered
Tier 1 Projects 2015-2020, Tier 2 Projects 2021-2034, Tier 3 Projects 2021-2035, growth share of
project costs, Port Orchard TIF Options, proposed TIF option, Port Orchard TIF Comparison, TIFs for
typical land uses, credits and adjustments, and impact fee implementation. Discussion was held
regarding next steps.
Staff Direction: Staff will bring the Comprehensive Plan Amendment to the Planning Commission
and TSI, Inc. will finalize the Transportation Impact Fee report, incorporating any changes to the
TIP once it has been approved.
6. PUBLIC HEARING
A. Public Hearing and Adoption of a Resolution and an Amendment to the Development
Agreement for the Bayside Plat on the Subject of Mitigation Fees
Staff Report: Development Director Bond presented the staff report, noting approval of this
amendment to the development agreement will enable the City to put in place a process whereby
it receives all payments made to date, as well as future payments of $1,059, each time the
developer/builder obtains a building permit. The fee will be separately accounted as the "Bayside
SEPA Transportation Mitigation Fees" within Fund No. 111 Impact Mitigate Fee Fund.
Mayor Matthes opened the Public Hearing, and there being no testimony, closed the Public
Hearing at 8:10 p.m.
Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember
Childs, to approve a resolution adopting the first amendment to the' Development Agreement
between the City of Port Orchard and L224-1 Bayside, LLC.
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In response to Councilmember Putaansuu, Treasurer Martin said this is already in place, is being
paid, and is outside of the new agreement.
The motion carried.
(RESOLUTION NO. 007-15)
7. BUSINESS ITEMS
A. Adoption of a Resolution Adopting a Development Agreement for the Andasio Village
Development Agreement
Staff Report: Development Director Bond presented the staff report, noting the primary intent of
this development agreement is to reduce the number and the scope of the conditions of approval
as required in the County Hearing Examiner's decision and to ensure that the requirements are
proportionate to the impacts created by the Andasio Village project.
In response to Councilmember Putaansuu, Public Works Director Dorsey said the City is not
compelled to issue a permit and final the plat until conditions have been resolved regarding the
temporary construction easement.
Mr. James Yurina, Vice President of Oakridge Homes, said looking at the conditions, he does agree
to Mr. McCary's concerns. And he agrees that all of the items can be worked out during the
application and design going forward. He agrees to all of the conditions.
Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember
Cartwright, to approve a resolution adopting the Andasio Village Development Agreement with
Oakridge Homes.
In response to Mayor Pro-Tern Ashby, Development Director Bond said he drafted a revised
version that is in redline that shows language added to Section 88: the parties agree that the
preliminary plat conditions of approval as set forth in the Hearing Examiner's Decision, Exhibit A
Conclusion Section shall be modified such that all references to County or Kitsap County shall be
shall be changed to City or City of port orchard and in addition, a decision shall be modified as
follows:"
The motion maker, Councilmember Putaansuu, and the seconder, Councilmember Cartwright
accepted the changes read by Development Director Bond.
The motion carried.
(RESOLUTION NO. 008-15)
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B. Approval of a Contract with ESA, Inc. for Comprehensive Best Available Science Update
Staff Report: Development Director Bond presented the staff report, noting the City, as part of its
2016 Comprehensive Plan update, is required to consider best available science in developing
policies and development regulations. To complete this requirement as detailed in WAC 365-195-
915 and on the Department of Commerce HMS Comprehensive Plan Checklist, the City needs
outside scientific expertise. Under the scope of work, the consultant will conduct a best available
science review and gap analysis, will revise the City's comprehensive plan policies (Natural Systems
Element), and will revise the City's critical areas code to reflect best available science.
Discussion was held regarding the indemnification language in the contract.
Councilmember Putaansuu said he appreciates the City Attorney's work on this, but if the City
cannot get any contractors to do the work because of one word, then he is comfortable with the
language in the contract. Councilmember Cartwright agreed.
Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember
Clauson, to approve the contract with ESA, Inc. not to exceed $38,560.
The motion carried.
(CONTRACT NO. 045-15)
C. Approval of a Contract with Andrew Spear Construction, LLC for the Marina Park Restroom
Security Modification Project
Staff Report: Public Works Director Dorsey presented the staff report and recommended approval
of the contract as presented for the Marina Park Restroom Security Modification Project (removal
and replacement of two steel doors and interior modifications). The contract term begins April 1,
2015 and the work substantially completed no later than August 31, 2015.
Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember
Lucarelli, to authorize the Mayor to execute Contract No. 035-15 with Andrew Spear Construction,
LLC for the Marina Park Restroom Security Modification Project in the amount not to exceed
$15,007.12.
In response to Councilmember Ashby, Public Works Director Dorsey said he could not guarantee
that this work will be finished before summer begins.
The motion carried.
(CONTRACT NO. 035-15)
D. March 10, 2015, Council Meeting Minutes
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Council Consideration: -MOTION: By Councilmember Cartwright, seconded by Councilmember
Childs, to approve.
Councilmembers Clauson and Cartwright stated they would abstain, because they were not
present at the meeting.
The motion carried. Councilmembers Cartwright and Clauson abstained from voting.
8. COMMITTEE REPORTS
Councilmember Clauson reported the next Finance Committee meeting is March 27, 7:30 a.m. at
the Pancake House.
Councilmember Ashby reported the next Economic Development/Tourism Committee meeting is
April 13 at 10:00 a.m. at City Hall, and the Kitsap Regional Coordinating Council will meet April 7,
and PSRC is a week after that.
Councilmember Putaansuu reported the Utility Committee met March 13 and discussed Well 10,
the marina restroom project, and a gap analysis update, which will be discussed again at the next
committee meeting on April 17.
Councilmember Cartwright reported the next Public Property Committee meeting would be April
13 at 8:30 a.m. at City Hall.
Councilmember Childs reported on KEDA Annual Meeting & Luncheon.
9. MAYOR'S REPORT
Mayor Matthes read an email from a citizen complimenting service received from Tony and Tom in
Public Works. He reported on the Chamber luncheon; Representative Young's Town Hall Meeting;
the Stafford Suites' St. Patty's Day event; Housing Kitsap's Exit Conference; the South Kitsap Junior
ROTC Spaghetti Dinner Fund raiser; a meeting with Joshua Sewell who represents the Elton
Goodwin Foundation; the Port Orchard Crab Feed; and he spoke at the Bethel Grange. He invited
the public to attend the first Port Orchard Farmer's Market and Art Walk on April 4.
10. REPORT OF DEPARTMENT DIRECTORS
Public Works Director Dorsey reported the Bethel Paving Repairs pre-bid meeting was on Friday
and bids are due April 3; there is an out of cycle PSRC emergency action funding request; the City is
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moving forward with obligating funding for the Bay Street Pedestrian Path project and submitted
the extension request; and the Department of Commerce issued an extension for Segment 4.
Development Director Bond thanked Mayor Pro-Tern Ashby and Councilmember Putaansuu for
contacting him in advance regarding their concerns on items on the agenda tonight. It helps things
move forward more smoothly.
11. CITIZENS COMMENTS
Jerry MacDonald spoke regarding the City of Port Orchard joining "Visit Seattle" and how
Bremerton and Port Orchard need to work together on marketing. He also asked the Council to do
some serious consideration on the Friday/Saturday ferry trips.
Matt Murphy, ED PO Chamber, agreed with Councilmember McDonald. He noted South Kitsap
received no LTAC funding from Kitsap County, and Visit Kitsap received $209,000. He noted the
$30,000 received by the various groups in Port Orchard who are trying to market the area does not
go very far, and he hopes that it is considered in the LTAC discussions for next year's funding.
Brian Petro said Port Orchard has never gotten a bang for its buck for money that has gone to Visit
Kitsap, and the Council needs to support the local effort to promote Port Orchard . He also spoke
regarding letting businesses market themselves with banners, flags, and signs and the City's need
to pull out of PSRC to solve its transportation funding problem .
Mr. Mccary thanked the Council for listening to him .
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT
The meeting adjourned at 9:11 p.m. No other action was taken.