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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 Page 2 of8 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. Minutes of July 23, 2013 Page4of8 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 Page 5 of8 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 Page 6 of8 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 Minutes of July 23, 2013 Page7of8 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 Page 8 of 8 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 '''"'""'"'' ''''~ORT 0 ''''" ...... ''~(c •••••• 'II (;I]!,, ~~&~ Timothy C. atthes, Mayor .$'~ ··o"'POIJ..f ·;~"\ ::~~-~(J ~-.~ s~:~ ~-. i = · SEAL · ; s • • ~ ' ~(I! ~: § \~~ ~ .. ~ ~ . . ~ ~_,~ •. ~E" '•·('~ ,,,,if' oF· • • • • • ~ '"~ ,,, :~ .. \'''" ,,,,,,,w.&~·~