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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. Minutes of March 24, 2015 Page 2 of 7 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 Minutes of March 24, 2015 Page 3 of 7 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. Minutes of March 24, 2015 Page 4 of 7 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) Minutes of March 24, 2015 Page 5 of 7 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 Minutes of March 24, 2015 Page 6 of 7 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 Minutes of March 24, 2015 Page 7 of 7 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.