07/23/2013 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of July 23, 2013
1. CALL TO ORDER AND ROLL CALL
Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Fred Chang
and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Carolyn Powers, and
Cindy Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Police
Commander Schuster, Public Works Director Dorsey, Development Director Bond, Deputy
City Clerk Fernandez, and City Attorney Jacoby were also present.
Excused: Councilmember Colebank
A. Pledge of Allegiance
Police Commander Schuster led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Tadina Crouch thanked the Council for the work on the DeKalb Pier. She asked if the pier
was complete and if it came with a warranty. She would also like the bench to be turned
around to face the water instead of the road.
Public Works Director Dorsey replied Phase _1 of DeKalb Pier is 99.9% complete. He is
waiting for electrical to be connected and then the fences can come down. There is a two-
year warranty maintenance bond for the work done by the contractor.
Sean Mcintosh spoke regarding parking downtown and a ticket he received and contested
where the parking enforcement officer was able to amend the ticket two weeks after issuing
the ticket. He and his partner feel parking downtown is unfriendly, and it needs to be
revisited by the Council. The permit parking is not convenient when it is three blocks away.
Jerry McDonald announced a concert series called Rock on the Dock in downtown
Bremerton. The concerts are every Friday at 6:oo p.m. and run through the weekend right
before the Blackberry Festival.
3· APPROVAL OF AGENDA
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion approving the Agenda.
Councilmember Lucarelli MOVED and Councilmember Clauson seconded a
motion to add Business Item 7D "Planning Commission" to the agenda. Upon
vote, the motion to amend passed unanimously.
Upon vote, the main motion passed unanimously.
4· APPROVAL OF CONSENT AGENDA
Minutes of July 23, 2013
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A. Approval of Checks No's 60025 through 60101 totaling $506,756.97
B. Approval of July 9, 2013, Council Meeting Minutes
C. Approval of Contract No. 063-13, Authorizing the Mayor to Execute an Agreement
with the City of Poulsbo for Use of the Firearms Range
D. Approval of Change Order No.5 to Contract No. 056-13 with Sound Excavation, Inc.
for Cedar Heights Junior High School Sidewalk Project
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
5· PRESENTATION
No presentations were held.
6. PUBLIC HEARING
A. Kitsap Economic Development Alliance Update
The presentation was postponed to a future meeting at the request of the presenter.
7· BUSINESS ITEMS
A. Adoption of Ordinance No. 015-13, Amending Port Orchard Municipal Code
15.38 Flood Damage Prevention
Development Director Bond presented the staff report, noting in September of 2012, Dave
Radabaugh from the Department of Ecology conducted a Community Assistance Visit (CA V)
with James Weaver. The CAV report produced from this included a number of
recommendations including identifying required updates to POMC 15.38. Page 11 of the
report identifies five items that need to be addressed prior to CAV closure. The draft
ordinance presented would address the first item on that list.
The report includes a number of mandatory changes, as well as a few recommended changes
to POMC Section 15.38. The recommended changes have been included in the draft ordinance
to address pending Kitsap County actions and the possibility of future annexations. The
changes which are recommended are intended to improve the City's ordinance to be more
user friendly, make it consistent with federal requirements, and ensure that flood insurance
remains available within the City.
Minutes of July 23, 2013
Page 3 of8
Councilmember Putaansuu MOVED and Councilmember Powers seconded the
motion to adopt Ordinance No. 015-13, amending the Port Orchard Municipal
Code Section 15.38 Flood Damage Prevention. Upon vote, the motion passed
unanimously.
B. Approval of the Mayoral Appointments to the Lodging Tax Advisory
Committee
City Clerk Rinearson presented the staff report, noting pursuant to Port Orchard Municipal
Code 2.22 and State law, the City Council shall review the membership of the Lodging Tax
Advisory Committee (LTAC) annually and make appropriate changes by recommendation
of the Mayor. The Mayor is recommending representatives from the following
organizations/businesses to serve on the LTAC, upon their acceptance:
• Businesses required to collect the tax: Comfort Inn, Cedar Cove Inn, and Mrs.
Howe's Bed and Breakfast.
• Organization involved in activities: Port Orchard Chamber of Commerce, Saints Car
Club, and Sidney Museum and Arts.
Councilmember Chang MOVED and Councilmember Powers seconded the
motion to approve the Mayor's appointment of a representative for the
Comfort Inn, Cedar Cove Inn, Mrs. Howe's Bed and Breakfast as businesses
required to collect the tax; and Port Orchard Chamber of Commerce, Saints
Car Club; and Sidney Museum and Arts organizations involved in activities to
serve on the Lodging Tax Advisory Committee.
Councilmember Childs MOVED and Councilmember Clauson seconded the
motion to amend the main motion to add Cedar Cove Association to the list
and remove the Chamber of Commerce.
City Clerk Rinearson said the number of representatives from the businesses collecting the
tax and the businesses promoting events had to be equal.
In response to Councilmember Putaansuu, Councilmember Lucarelli said a different board
member from Cedar Cove Association would serve as the representative than her or
Councilmember Childs.
Councilmember Chang spoke in favor of having either the Chamber of Commerce or the
Port Orchard Bay Street Association on the committee.
Mayor Matthes spoke in favor of keeping the committee list the way it was presented.
Councilmember Powers expressed concerns about taking off the Chamber of Commerce.
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Councilmember Clauson said he did not realize one organization would have to come off of
the list in order to add Cedar Cove Association. He said it is important for the Council to
recognize that just because an organization is large should not guarantee a spot for them on
the group.
Upon vote, the motion to amend failed with two affirmative votes and four
dissenting votes. Councilmembers Putaansuu, Chang, Powers, and Clauson
cast the dissenting votes.
Upon vote, the main motion passed with four affirmative votes and two
dissenting votes. Councilmember Lucarelli and Childs cast the dissenting
votes.
C. Consideration of a Temporary Lease of City Property to Bill's Great Dog
Stand for Temporary Vending
City Clerk Rinearson presented the staff report, noting Mr. William Jividan, owner of Bill's
Great Dog Stand, is requesting permission to vend on City property in the grassy area in
front of the foot ferry terminal. For the past three years, the City has rented this space to
other hot dog vendors at a rate of $10 per month. In the past, the Council has directed the
City Clerk to issue the temporary vendor license and collect the $10 per month lease amount
from the various hot dog vendors for the above location.
This matter was discussed at the Public Property Committee on July 9, 2013, as there were
previous concerns of the area not being adequate to vend. It was mentioned that the
proposed vending site is too narrow for the cart and other items to fit properly in the space
and it does not allow the citizens to use the entire sidewalk. A suggestion was made to allow
the vendor to vend in the first parking stall next to the grassy area of the foot ferry terminal
across from the library. The committee has forwarded this item to the full Council to discuss
whether to lease a space in an area by the foot ferry terminal for temporary vending.
Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded
the motion to authorize the City Clerk to allow temporary vending in the grassy
area at the entrance of the Foot Ferry Terminal and to collect a monthly rent in
the amount of $to; in accordance with Port Orchard Municipal Code 5.96.
Councilmember Powers gave a summary of the discussion at the Public Properties
Committee. The last vendor spread out all over the grassy space. Using a taxicab spot would
take away a parking space. She does not think it is the best space.
Councilmember Childs spoke in favor of approving the application for the grassy space if
the vendor is willing to maintain a small footprint. He said it offers energy and excitement
to the downtown area.
Minutes of July 23, 2013
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Mr. Jividan said he has a self-contained 4'x4' cart. He will be selling hot dogs and
potentially other items. He plans to operate 4-5 hours a day, and can stay open later if the
business allows.
Councilmember Putaansuu preferred the grassy area instead of the parking space from a
safety standpoint.
Development Director Dorsey spoke in favor of the grassy area.
Councilmember Clauson said he does not know if there is a "good" area anywhere. He
prefers the grassy area, as long as it does not create a pedestrian obstacle.
Councilmember Lucarelli said she would support the motion and would like to try this.
In response to City Clerk Rinearson, the Council said they would like the vendor to stage on
the south side of the sign.
Upon vote, the motion passed with six affirmative votes and one dissenting
vote. Councilmember Powers cast the dissenting vote.
D. Planning Commission
Councilmember Lucarelli referred to Port Orchard Municipal Code 2.20.010 Planning
Commission Created. Planning Commissioner Dee Coppola is moving out of the City, and
she would like to finish her term.
Councilmember Lucarelli MOVED and Councilmember Childs seconded the
motion to allow Planning Commission Member Dee Coppola, a valued
member of the commission and who has extensive background in land use
issues to continue serving until the end of her official term.
Councilmember Chang does not like the clause that a single member of the planning
commission can reside outside the City, especially with our expansion and annexations and
new citizens that have come into the City. He is positive we can find people who are
residents who are willing to serve on the planning commission. He also resents this item
was not placed on the agenda prior to the meeting with any background material. He feels
like this is being hi-jacked to keep Ms. Coppola on the planning commission and she
deserves better than that. He asked that no decision be made tonight because the Council
has no background materials that Councilmember Lucarelli is referring to and it is
precipitous.
In response to Councilmember Powers, Councilmember Lucarelli said her term expires
December 31, 2015.
Minutes of July 23, 2013
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Councilmember Powers said legally we could have someone from outside the city.
Councilmember Chang MOVED and Councilmember Putaansuu seconded the
motion to continue Business Item 7D to the August 13, 2013, Council Meeting.
Councilmember Clauson supports the motion to continue, because of what was agreed to a
couple of meetings ago about having the items published on the agenda. The Council is not
following what was recently agreed to.
Councilmember Putaansuu said the Council owes it to the citizens to have a process.
Upon vote, the motion to continue to the August 13, 2013 Council Meeting
passed unanimously.
8. COMMITIEE REPORTS
Councilmember Clauson reported at the Finance Committee they learned that sales tax is
coming in at a rate higher than predicted. This may be due to super-conservative
projections or not having a lot of experience projecting Bethel Corridor revenues.
Discussion was held regarding the promise made to the community for improving the
Bethel Corridor and where the revenues from the corridor were spent: snowplow, public
works staff, and a police officer. The annexation has also increased the workload on the
court. He does not advocate spending the additional funds, but suggested honoring the
commitment to start saving extra revenues for Bethel.
Councilmember Childs announced the next ED /Tourism meeting location will be
announced soon. It will not be at Kitsap Bank. He recognized Debbie Macomber and her
Hallmark movie. He also recognized the Port Orchard Police Department for the way they
handled the fire on Bay Street.
Councilmember Putaansuu said Well No. 9 is up and running, and the next Utility
Committee meeting is scheduled for August 16, 2013 at the Family Pancake House.
Councilmember Powers announced the next Public Properties meeting will be at the
Hideaway Cafe.
Councilmember Childs said the Waterfront Planning committee meetings are on hold until
after public hearings in the fall.
Councilmember Chang said the Lodging Tax Advisory Committee will be meeting next
month and that there has been a 25% drop in revenue for next year to allocate.
Councilmember Clauson said the trend for hotel-motel tax suggests that we might make
commitments we would not be able to honor if tax collections continue to decline. He
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suggested only making a portion of what is available to build a reserve, if in fact the moneys
slow down to honor the commitments we make.
9· MAYOR'S REPORT
The Mayor Matthes reported on the following:
• The full report and quick fact sheet for the South Kitsap Community Center is on the
City's website. He will schedule a full presentation at a Work Study session.
• The Point of Light Award Ceremony is August 10, 2013, 3:00 p.m. at the Waterfront
Gazebo.
to. REPORT OF DEPARTMENT DIRECfORS
Public Works Director Dorsey reported:
• Well No. 9 is online and a ribbon cutting is scheduled for July 30 at 10:00 a.m.
• Segment 5 Westbay Center is complete. The Rotary project is prepped and ready.
• Segment 2 is officially done.
• The DeKalb Pier fence will come down as soon as the lights are connected to the pole
and he will turn the bench around.
• Cedar Heights project will be paving Friday, placing curbs today, and pouring
sidewalks next week.
• Sidney Street End project will be going out to bed in the next couple of days.
Councilmember Putaansuu said the Rotary Club will be spreading ten yards of beauty bark
at the Etta Turner Park at 10:00 a.m. this Saturday if anyone is interested in helping out.
Development Director Bond said they had a productive Planning Commission meeting last
week on the Downtown Overlay District. They will be doing some public outreach in the
next couple of weeks. He also announced they have an intern who is working on where to
put public art. This will be presented at the next Public Properties Committee meeting.
City Clerk Rinearson reported five candidates have submitted their letter of interest for the
vacant Council position so far. She will continue to accept applications until August 2, 2013.
Discussion was held on if there should be pre-interview questions, and how to come up with
questions for the interview. The Council decided there would not be a pre-interview
questionnaire. Each Councilmember will send a question to the City Clerk to be asked
during the interview. Interviews will be held on Friday, August 9, 2013, starting at 9:00
a.m. The Council will be at 8:30 a.m. to review the questions. The Council will go into
executive session after all of the interviews are done to evaluate the qualifications of the
candidates.
Minutes of July 23, 2013
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Police Commander Schuster said the police department is going through the promotional
process to fill the vacant sergeant position. They are also hiring for Maureen Wheeler's
position, as she has accepted a full-time position with the Liquor Control Board.
11. CITIZENS COMMENTS
There were no citizen comments.
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT
At 8:39p.m. Mayor Matthes adjourned the meeting.
Rinearson, CMC, City Clerk
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