05/14/2013 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of May 14, 2013
1. CALL TO ORDER AND ROLL CALL
Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tern Fred Chang
and Councilmembers Jerry Childs, Rob Putaansuu, Carolyn Powers, Jim Colebank, and
Cindy Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Public
Works Director Dorsey, City Treasurer Martin, Associate Planner Bonsell, Code
Enforcement Officer Woodside, Development Director Bond, Deputy City Clerk Fernandez,
and City Attorney Jacoby were also present.
Excused: Councilmember Clauson
A. Pledge of Allegiance
Mr. Tom Bonsellled the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Ms. Nicole Vaught asked Councilmember Lucarelli what happened to all the different
issues and promises she raised during her three campaigns and voiced her opposition of
changing to a Council/Manager form of government.
Mr. Jeff Braden ·thanked Gerry Harmon who spoke at the last City Council meeting on
how it would be more expensive to hire a city manager over our current full-time Mayor and
voice is opposition of changing to a Council/Manager form of government based on the
need of separation between a city council and the administration of City Hall.
3.APPROVALOFAGENDA
The following item was added to the Consent Agenda:
• Excusal of CounCilmember Clauson from the May 14, 2013, meeting
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion approving the · Agenda, as amended. Upon vote, the motion passed
unanimously.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Check Nos. 59548 through 59682 totaling $835,595.10; April Payroll
Checks Nos. 145127 through 145198 in the amount of $544,119.68, and Treasurer's
Checkbook in the amount of $1,535,235·48.
B. Approval of April 23, 2013, Council Meeting Minutes
C. Approval of Public Event Applications:
-Kitsap Regional Farmers Market Association
-Fathoms 0' Fun Festival Inc.
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D. Approval of Contract No. 046-13, Authorizing the Mayor to Execute an Agreement
with Stripe Rite, Inc. for 2013 Thermoplastic Applications
E. Excusal of Councilmember Clauson from the May 14, 2013, Council meeting.
Councilmember Childs MOVED and Councilmember Putaansuu seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
5· PRESENTATION
A. Oath of Office for Nicholas Bond
City Clerk Rinearson administered the Oath of Office to Development Director, Nicholas
Bond.
6. PUBLIC HEARING
No Public Hearings were held.
7· BUSINESS ITEMS
A. Adoption of Ordinance No. 009-13, Amending Port Orchard Municipal Code
Section 7.12.090 "Animal Ownership Restrictions"
City Clerk Rinearson presented the staff report, noting at the April16, 2013, Council Work
Study Session Council directed staff to amend the Port Orchard Municipal Code to require a
public hearing process for an animal variance.
Councilmember Putaansuu thanked staff for creating a process for the variance in the code.
Councilmember Lucarelli MOVED and Councilmember Colebank seconded the
motion to adopt Ordinance No. 009-13, amending Port Orchard Municipal
Code Section 7 .12.090, Animal Ownership Restrictions. Upon vote, the motion
passed unanimously.
B. Adoption of Resolution No. 009-13, Repealing Resolution No. 1912 and Re-
establishing a Small Works Roster Process and a Vendor List Process
City Clerk Rinearson presented the staff report, noting on April 9, 2013, the Council
approved the contract with Municipal Research and Services Center of Washington
(MRSC). The purpose of the contract is to provide the City of Port Orchard with
membership within MRSC Rosters, which will host its individual Small Public Works
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Roster and Consultant Roster in an online database (collectively, "MRSC Rosters"). MRSC
is making membership within the "MRSC Rosters" available to a number of local
government agencies in Washington State to provide them with more efficient and cost
effective services.
As a house cleaning item, Resolution No. 1912 needs to be repealed and updated to reflect
Council action. Resolution No. 009-13, will not be effective until June 3, 2013, which is the
date when the MRSC contract services become effective.
Councilmember Powers MOVED and Councilmember Chang seconded the
motion to approve Resolution No. 009-13, repealing Resolution No. 1912; and
re-establishing a small works roster process to award public works contracts,
a consulting services roster, and a vendor's list process to secure equipment,
supplies, or materials. Upon vote, the motion passed unanimously.
C. Adoption of Resolution No. 010-13, Approving Errol Dow Timberland
Zoning Designation
Associate Planner Bonsell presented the staff report, noting in 1970, the Washington
legislature enacted the Open Space Taxation Act, now codified in Chapter 84.34 RCW, which
allows property owners to have their open space, farm and agricultural, and timber lands
valued at their current use rather than at their highest and best use. Errol Dow is the owner
of approximately 12.5 acres of forested real property located within the Port Orchard city
limits (the "Dow Property") with a zoning designation of "employment\office industrial."
However the Dow Property is not suitable for industrial development because of the presence
of critical areas and limited onsite access. In compliance with applicable statutes and
regulations, Errol Dow has submitted an application and timber management plan in support
of his request for a current use classification of timber land.
Because the Dow Property is located within city limits, RCW 84.34.041(2) provides that the
City Council and the Kitsap County Commissioners shall take action regarding the current
use classification application either by means of a granting authority consisting of 3 County
Commissioners and 3 Councilmembers or by each legislative body taking separate affirmative
action. In the latter case, approval is required by both legislative bodies. Consequently, if the
City Council approves the Dow application, the matter will be forwarded to the Kitsap County
Commissioners for their separate approval. State law requires that a public hearing be held
prior to legislative approval. A public hearing will be noticed and held prior to action by the
County Commissioners.
In response to Councilmember Chang, Associate Planner Bonsell said the de minimis amount
comes out to less than a penny per parcel.
Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the
motion to adopt Resolution No. 010-13, approving the application of Errol Dow
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for a current use classification of timber land on the tax parcels listed in the
resolution. Upon vote, the motion passed unanimously.
D. Acceptance of Lodging Tax Advisory Committee's Recommendation for
Special Funding Requests
City Clerk Rinearson presented the staff report, noting on May 7, 2013, the Lodging Tax
Advisory Committee met to discuss "Carry Over" funds in the City's Community Fund 107 -
Hotel/Motel Tax. At that meeting, the Committee reviewed two requests for special funding
applications.
The Committee's recommendations are as follows:
Organization:
City of Port Orchard
Concerts by the Bay
Total
Request
$3,000
$1,500
$4,500
Recommendation
$3,000-for Foot Ferry Service
$o -incomplete
$3,000
Port Orchard Municipal Code 2.22.050 provides for the duties of the Lodging Tax Advisory
Committee and Section 2.22.050(1)(b) in part states, "final legislative authority over these
proposals remains with the City Council; and any review, comments, or any
recommendations presented by the Lodging Tax Advisory Committee are advisory only and
shall not bind the Council."
Councilmember Childs supports the application for foot ferry service and wants to put the
City's best foot forward to see if this helps our downtown businesses. He wondered if maybe
next year wouldn't be better if the market doesn't open until September.
Don Ryan says the ferries should not hinge on the market; all downtown businesses need
the ferries and the support. He said POBSA will start encouraging business owners to be
open after 6 p.m. for these ferries. If the downtown businesses do not stay open in the
evening, then they have failed the Council.
Councilmember Lucarelli suggested finding out the riders' origin when collecting ridership
statistics.
Kathy Michael said that the funds being used to operate the ferry are lodging tax funds that
come from the City's tourists. She wants people to realize this isn't coming out of the City
budget; the funds are coming from the tourists that stay in our hotels.
Councilmember Powers feels this is an investment. She does not want to postpone this trial,
let's go ahead and go with it this year. At the last Council meeting she voted against the
extra money because of the whole way the thing was handled. She is supportive of this
action tonight.
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Councilmember Childs MOVED and Councilmember Lucarelli seconded the
motion to accept the Lodging Tax Advisory Committee's recommendation for
distribution of special fuitding requests as follows: City of Port Orchard in the
amount of $3,000 for foot ferry services. Upon vote, the motion passed
unanimously.
E. Approval of April16, 2013, Council Work Study Session Minutes
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion to approve the April 16, 2013, Council Work Study Session
minutes. Upon vote, the motion passed unanimously.
F. Approval of Contract No. 047-13, Authorizing the Mayor to Execute a Joint
Agreement with Kitsap Harbor Tours, Inc. for Foot Ferry Services
City Clerk Rinearson presented the staff report, noting for the past few years, the City has
partnered with the Port of Bremerton and the City of Bremerton to provide additional foot
ferry service during the summer. The thought is to have additional hours of foot ferry
service to allow citizens the opportunity to participate in festivals, farmers markets, and/ or
evening activities in hopes of bring tourists from outside the community, which could result
in higher tourism dollars.
Each entity has provided their preference of days/times of the foot ferry service and they
have agreed to the terms and conditions outlined in the agreement being presented.
In response to Councilmember Powers, Councilmember Putaansuu said the ferry departs
Port Orchard on the top and bottom of the hour, and departs Bremerton on the quarter
hours.
Councilmember Chang said that we are supplementing existing service, extending it runs.
The last ferry would depart Bremerton at 11:45 p.m.
Councilmember Powers is concerned the schedule could be altered if it is not spelled out in
the contract.
Councilmember Chang thanked the Port of Bremerton and the City of Bremerton for the
partnership. He thinks this will be a success if we end up paying less than what has been
allocated. He wants to start promoting this everywhere.
Councilmember Putaansuu asked City Clerk Rinearson to contact Kitsap Transit to get the
information posted on their website.
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Councilmember Colebank MOVED and Councilmember Chang seconded the
motion to adopt Contract No. 047-13, authorizing the Mayor to execute a Joint
Agreement between the City of Port Orchard, the City of Bremerton, and the
Port of Bremerton for additional summer foot ferry services in an amount not
to exceed $9,500. Upon vote, the motion passed unanimously.
G. Approval of Contract No. 048-13, Authorizing the Mayor to Execute a
Contract with Exeltech Consulting Inc., for the Sidney Street End Compass
Rose PS&E and Construction Support
Public Works Director Dorsey presented the staff report, noting the City's 2013 approved
Budget provided $30,000 for the design and construction of a road improvement
associated with the north end terminus of Sidney Street. As reviewed and approved by the
City's Public Properties Committee, the Public Works Department has proposed the
removal of the existing circular curb and the placement of a 20-ft diameter flush mounted
decorative concrete compass rose. The work associated with the Exeltech proposal before
you this evening includes geotechnical investigations, PS&E and construction support. The
current engineer's estimate for the project's construction is $18,ooo.
In response to Councilmember Childs, Public Works Director Dorsey said the project is
$1,800 under budget.
Councilmember Powers MOVED and Councilmember Lucarelli seconded the
motion to adopt authorize the Mayor to execute Contract No. 048-13, with
Exeltech Consulting, Inc. in an amount not to exceed $10,200 for the Sidney
Street End Compass Rose PS&E and Construction Support. Upon vote, the
motion passed unanimously.
H. Approval of Public Event Application: Port Orchard Bay Street Association
City Clerk Rinearson presented the staff report, noting Christine Stansbery with Port
Orchard Bay Street Association has requested permission to use City right -of-way and
sidewalks on the first Friday of every month from May to October 2013. The Port Orchard
Art Walk is designed to bring people to downtown Port Orchard and into the various
businesses. This event will begin at s:oo p.m. and close at 8:oo p.m.
This is not a new event and they have been granted permission to host their event on City
sidewalks and right-of-ways for the past several years. However, the City's Code
Enforcement Officer has several areas of concern with activities in the downtown area:
1) Signage. Per code the City does not allow any signs in the City right-of-way or public
property. Signs are to be placed on the site in which the sale, event or activity is. The
marquee is City owned and is in the right-of-way/public property.
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2) City right-of-way or public property used for art walk or sales from the shops; per code
no one can use City property for business use.
City Departments, and the Fire Department, have reviewed the application, and have
submitted their recommendations and/ or comments, which have been provided to you. The
comments from Kitsap Transit will be provided at a later time.
Code enforcement staff is looking for Council direction on right-of-way usage and signage
for this event.
Code Enforcement Officer Woodside said in the process of looking at the signage and
displays that will be used at the event, in the past staff has said nothing should be in· the
right-of-way, and that has not gone so well. Staff cannot make the decision to allow signage
in the right-of-way. Item No. 1 of the application describes having some artists outside on
the sidewalk. Item No. 11 of the application asks where signage will be placed. If it is in the
right-of-way, she cannot pass that. The flags that go into the marquee holders are on the
right-of-way. There have been problems in the past with the use of the sidewalks and there
not being enough room for people to get through. A four-foot wide clear path is required by
ADA regulations.
In response to Councilmember Chang, Public Works Director Dorsey said the right-of-way
is from the face of one city building to the face of the other city building across the street. So
the marquee is part of the city right -of-way.
Councilmember Childs said part of the problem is not having oversight on the day of the
event.
Code Enforcement Officer Woodside said the "A" board permit is allowed for downtown,
and if they want to have an "A" board out in front, they have a list of criteria they have to do.
This "!\' permit is outside of the public event application. Typically when an event comes
through, they keep their signage on private property.
Councilmember Putaansuu said we need to find a way to make this work. He doesn't want
to get in the way of this happening downtown. We need oversight and we need to figure out
how to make it work.
Councilmember Chang would like to hear about the problems that were encountered at the
last art walk. We want it to be safe, and don't want to discourage the event.
Public Works Director Dorsey said staff has received phone calls from citizens that have
been caught up in the stuff on the sidewalk. Staff is looking for guidance. There are
numerous complaints on record. He does not know what the solution is.
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Councilmember Colebank said we should be able to have an event and have signs. We need
to look at our code and modify it to support the businesses.
City Attorney Jacoby said there is a section in the code for temporary signs, so we can deal
with the signage issue. In terms of using the right-ofway, if we can reach an agreement with
the event applicant about how that right-of-way is to be used and how it meets ADA
requirements, then we can meet the intent of the motion.
Councilmember Childs said we need to address this for future events. We are not going to
have the oversight right now, but maybe in the future could have a fee to pay for the fire
department to make an inspection the day of the event. It behooves POBSA to have the info
that Code Enforcement Officer Woodside has--How much room do we need? Where are
the problems? It is one thing to say "the code," we need to talk common sense, person-to-
person on what is expected.
Councilmember Lucarelli said she understands the frustration, and she knows what the
signs mean to the businesses. We do have to work out something by sitting down at a table,
and we have to adjust our code somehow. We want to move towards more events. She also
has a daughter who is blind, and she is sensitive to the needs of keeping the pathways clear
of obstacles. We have to work together to find a solution and make this a priority.
Councilmember Powers said we need to look at the bigger picture; we are dealing with the
art walk for the first Friday of every month. We need to look at what other events take place
that will be dealing with the same issue.
City Attorney Jacoby wanted to make sure the motion were to work with the applicant in a
way that is consistent with the municipal code. Code currently exists for temporary signage
for special events. In regards to the right-of-way, the motion was to allow the right-of-way
use in a manner consistent with POMC and ADA requirements.
Councilmember Chang thanked Code Enforcement Officer Woodside for bringing this to
Council. Prior staff asked for the sign code revision to be held off until there was a
comprehensive sign revision. He does not think this revision can wait any longer; we need
to do something sooner.
Councilmember Putaansuu made a friendly amendment to the original motion to include
not violating POMC or ADA requirements. He wants staff to work with the event organizers
to the best we can to allow the application to happen.
In response to Councilmember Chang, Code Enforcement Officer Woodside clarified the
state highway clearance requirements.
Councilmember Putaansuu CALLED for the question. Upon vote, motion
passed unanimously.
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Councilmember Putaansuu MOVED and Councilmember Chang seconded the
motion to approve the Public Event application for the Port Orchard Bay Street
Association, allowing them to hold their event using a portion of the City's right-of-
way and/or sidewalks as describe in the application. Upon vote, the motion passed
unanimously.
8. COMMITI'EE REPORTS
Councilmember Putaansuu reported the Finance Committee received a positive report from
City Treasurer Martin that sales tax is trending slightly above projections. ·
Councilmember Childs reported the next ED /Tourism meeting is scheduled for tomorrow
at 3:30 p.m. at City Hall. This meeting will be the kick-off for Chimes & Lights planning.
Councilmember Putaansuu reported the next Utility Committee. meeting is scheduled for
May 20, 2013, at 7:30 a.m., and the next Sewer Advisory Committee meeting is scheduled
for June 19, 2013.
Councilmember Powers reported KRCC' s TransPol meeting for May is cancelled, and the
next meeting will be June 10, 2013. The next KRCC Board meeting will be May 28, 2013.
Councilmember Lucarelli reported the Public Properties committee met this morning, and
discussed a possible donation of art to the City. The committee considered making use of
the Design Review Committee to look at art and where it is should be placed. This matter
will be discussed at Work Study. The committee also discussed how to handle some parking
issues on Division. The next meeting will be on June u, 2013. The location is yet to be
determined.
Councilmember Childs reported the next Waterfront Planning meeting date will have to be
changed.
Councilmember Chang reported the Lodging Tax Advisory Committee met on May 7, 2013,
and made a recommendation on the two applications received and discussed earlier this
evenmg.
Councilmember Colebank reported on the PSRC TransPol Board Meeting on May 9, 2013.
They were briefed on Greenhouse Gas Strategy, State of Good Repair Investment, and the
Prioritization Working Group action. The Board will have to make a decision on the
Prioritization Working Group recommendation. The Board also learned that long-time
board member, Dick Ford, passed away. He was a great man to work with and a real
gentleman.
9· MAYOR'S REPORT
The Mayor Matthes reported on the following:
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• Thanks to Deb Howard, the City has received a Well City award for the third year in a
row.
• Deb Howard received a $62,000 grant for a Return to Work Pilot Project.
• The Active Club Playground ribbon cutting was today.
• The Public Works carport ribbon cutting was today.
• He thanked Associate Planner Bonsell for being the Acting Development Director
during the recruitment process.
to. REPORT OF DEPARTMENT DIRECfORS
City Clerk Rinearson reported that the Clerk's Office is working on flyers to advertise the
foot ferries. This information will be put on the website as well. She also shared City
employees will be participating in Relay for Life on May 31, 2013
11. CITIZENS COMMENTS
Fred Olin asked what is going on with Westbay Pedestrian Pathway and the bridge
abutment.
Public Works Director Dorsey reported Segment 2 is wrapping up; Segment 5 had the
contractor pull off to another job, but they are back out finishing the walls; Dekalb Pier was
having the poured walls backfilled today and they are setting a catch basin so they can do
the sidewalks. Both projects have a project completion date of June 14, 2013. The bridge
abutment is still in limbo after the last Finance Committee meeting. He recommends not
doing it. The Committee's direction is to continue working on the project until the next
Finance Committee meeting and a recommendation will be made at that time after looking
where the project is financially.
Gerry Harmon said the foot ferry should be going until 2 a.m. to get the biggest draw of
Bremerton residents over to Port Orchard. She also commented on the city manager
proposal and asked how much it will cost and where the money will come from. She added
that there would be an appointed Mayor from the Councilmembers, and their salary would
also be higher for the increased responsibilities. These figures need to be up front.
Gil Michael, Planning Commissioner, asked that the sign ordinance be returned to the
Planning Commission. These issues need to be addressed. He also thanked Public Works for
how quickly they did the construction out at the shop. He commended the Public Properties
committee for wanting to have some sort of Art Advisory Board.
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Councilmember Powers said she read some good articles in the Kitsap Peninsula
Business Journal regarding Myhre's, Devilfish Public House, the Port Orchard Public
Market, and Coffee Oasis.
Elissa Whittleton suggested Council consider closing the parking in front of the Devilfish
Public House for the art walks, or perhaps using the Mermaid Cove to set up artists. She
also commented that she and her husband have been unable to see how a city manager
would work fiscally. The Council has to show how this will work fiscally before going
forward with anything. She personally likes having a mayor-council form of government.
She also would like the Council to consider what happens if the city manager they pick does
not work out, and then the cost the City has to pay for a severance package.
Don Ryan said the signage issue is more than just a one-night-a-month issue. POBSA
wants to use the marquee and put flags up advertising the ferries, Concerts by the Bay,
shops being open later, etc. The signage will help the downtown area grow, they are
important to the merchants and event organizers. POBSA would like to be involved in any
conversations regarding sign revisions.
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT
At 9:07p.m. M or Matthes adjourned the meeting.
randy Rinearson, CMC, City Clerk
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Timothy C. Mltthes, Mayor