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05/10/2022 - Regular - MinutesDocuSign Envelope ID: E609FOFA-F8B8-45AF-BB1C-C44EA520CD94 City of Port Orchard Council Meeting Minutes Regular Meeting of May 10, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the Deputy City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Absent Staff present via remote access: Public Works Director Dorsey, Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Robertson, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:00:31) Mayor Pro-Tem Lucarelli led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 0:00:51) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 0:01:32) There were no citizen comments. DocuSign Envelope ID: E609FOFA-F8B8-45AF-BB1C-C44EA520CD94 Minutes of May 10, 2022 PaRe2of8 4. CONSENT AGENDA (Time Stamp: 0:02:30) A. Approval of Voucher Nos. 83980 through 83985 and 83992 through 84050 including bank drafts in the amount of $229,154.19 and EFTS in the amount of $140,991.92 totaling $370,146.11. B. Approval of Payroll Check Nos. 83986 through 83991 including bank drafts and EFTS in the amount of $227,936.86 and Direct Deposits in the amount of $217,845.05 totaling $445,781.91. C. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Resolution No. 048-22) D. Approval of the April 26, 2022, City Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING (Time Stamp: 0:03:13) A. McCormick Woods Phases III, IV, and V Preliminary Plats for the Extension of Term and Revisions to Vested Development Standards Mayor Pro-Tem Lucarelli opened the public hearing, and there being no testimony, closed the public hearing at 6:35 p.m. B. Ordinance Adopting Port Orchard Municipal Code Chapter 20.70 Wireless Communication Facilities, Port Orchard Municipal Code Chapter 20.72 Small Cell Wireless Communication Facilities, and Amending Port Orchard Municipal Code Section 20.39.270 (Time Stamp 0:05:49) Mayor Pro-Tem Lucarelli opened the public hearing at 6:41 p.m. Kim Allen, Wireless Policy Group speaking on behalf of Verizon Wireless, thanked staff for their work on the ordinance, and noted they are very open to feedback and comments from the industry. She spoke to deploying small wireless facilities and macro facilities in Port Orchard to meet the demand on their network. She requested changes in the draft ordinance regarding raising heights of existing utility poles, height restrictions, and height waivers. Meridee Pabst, Wireless Policy Group speaking on behalf of AT&T, said a letter was sent to the Mayor and Council outlining their remaining issues. She voiced concern about the proposed height for raising of existing utility poles and provided a recommended change to the concealed building mounted antennas and height waivers. Lastly, she provided a suggested clarification for the Use Table, Table A. DocuSign Envelope ID: E609FOFA-F8B8-45AF-BB1C-C44EA520CD94 Minutes of May 10, 2022 Paee 3 of 8 Robin raised her hand to speak, and after staff allowed her to speak, she remained muted and could not provide testimony. There being no more testimony, Mayor Pro-Tem Lucarelli closed the public hearing at 6:52 p.m. C. McCormick West Development Agreement for the Extension of Term and Revisions to Vested Development Standards (Time Stamp 0:22:17) Mayor Pro-Tem Lucarelli opened the public hearing, and there being no testimony, closed the public hearing at 6:53 p.m. D. Haven Townhomes Development Agreement for Transportation Impact Fee Credits (Time Stamp 0:23:54) Mayor Pro-Tem Lucarelli opened the public hearing at 6:56 p.m. Brianne Kelsey with Tarragon, speaking on behalf of the applicant Sidney Road Townhomes, LLC, thanked staff and council for expeditiously moving forward with this item. She voiced support for the development agreement and spoke about the project which included a park, amenity building with gathering spaces, on -site leasing, playground, dog parks, community gardens and walking paths. She explained timelines and costs of the project. There being no more testimony, Mayor Pro-Tem Lucarelli closed the public hearing at 6:59 p.m. 7. BUSINESS ITEMS (Time Stamp: 0:29:31) A. Adoption of an Ordinance Adopting Port Orchard Municipal Code Chapter 20.70 Wireless Communication Facilities Community Development Director Bond noted he is recommending moving forward with the ordinance as presented. MAIN MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance adopting Chapter POMC 20.70 Wireless Communication Facilities. Councilmember Diener suggested continuing with the public hearing as Robin was not able to provide public testimony earlier. In response to Councilmember Diener, Community Development Director mentioned there is one pending application for a conditional use permit for a wireless communication facility. The sooner this ordinance is in place the more likely Council is not to have vesting issues under the building code. Additionally, this is the second public hearing on this topic. DocuSign Envelope ID: E609FOFA-F8B8-45AF-BB1C-C44EA520CD94 Minutes of May 10, 2022 Page 4 of 8 In response to Councilmember Rosapepe, Community Development Director Bond spoke to the request of raising the heights of utility poles from 15 feet to 25 feet and voiced concerns of the request. Councilmembers Diener and Clauson voiced their support of the 25-foot request. AMENDED MOTION: By Councilmember Diener, seconded by Councilmember Trenary, that section 20.70.120 Utility Pole Co -Location would read Height: The height of a utility pole co -location is limited to 25 feet above the replace utility pole, and may not be greater than 65 feet in height in residential zones. The amended motion carried. The main motion carried. (Ordinance No. 014-22) B. Adoption of an Ordinance Adopting Port Orchard Municipal Code Chapter 20.72 Small Cell Wireless Communication Facilities and Amending Port Orchard Municipal Code Section 20.39.270 (Time Stamp: 0:44:29) MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt an ordinance adopting Chapter POMC 20.70 [20.72 Small Cell] Wireless Communication Facilities. The motion carried. (Ordinance No. 015-22) C. Adoption of an Ordinance Approving a Development Agreement for the Haven Townhomes Project for Transportation Impact Fee Credits (Time Stamp 0:46:16) MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt an ordinance authorizing the mayor to execute a development agreement with Sidney Road Townhomes, LLC as presented. The motion carried. (Ordinance No. 016-22 and Agreement No. 070-22) D. Adoption of an Ordinance Approving a Grant Agreement with the State of WA TIB for Improvements to Pottery Road (Time Stamp 0:52:20) MOTION: By Councilmember Cucciardi, seconded by Councilmember Trenary to adopt an ordinance authorizing the mayor to execute a contract with the State of Washington Transportation Improvement Board for the Pottery Road Non -Motorized Improvement in the grant amount of $650,000. DocuSign Envelope ID: E609FOFA-F8B8-45AF-BB1C-C44EA520CD94 Minutes of May 10, 2022 PaRe5of8 The motion carried. (Ordinance No. 017-22 and Agreement No. 071-22) E. Adoption of an Ordinance Approving a Contract with the WA State Department of Transportation for the Bay Street Pedestrian Pathway West Situational Study (Time Stamp 0:57:06) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt Ordinance No. 009-22, authorizing the mayor to execute Contract No. C044-22 (WSDOT LA 10296) with the Washington State Department of Transportation for the Bay Street Pedestrian Pathway West — Situational Study in the grant amount of $490,000. Councilmember Chang explained he is a Department of Transportation employee and will recuse himself if anyone believes there is a conflict. No one voiced any concerns. The motion carried. (Ordinance No. 009-22 and Contract No. 044-22) F. Adoption of a Resolution Approving a Contract with Olson Brothers Pro -Vac, LLC for the 2022 Stormwater Catch Basin and Pipe Maintenance Project (Time Stamp 1:02:16) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt Resolution No. 046-22, authorizing the mayor to execute Contract No. C049-22 with Olson Brothers Pro -Vac, LLC for the 2022 Stormwater Catch Basin and Pipe Maintenance Project in the amount of $57,125.71. The motion carried. G. Adoption of a Resolution Approving a Contract with Makers Architecture and Urban Design LLP for Development of a Housing Action Plan (Time Stamp 1:05:04) MAIN MOTION: By Councilmember Diener, seconded by Councilmember Chang, to adopt a resolution authorizing the mayor to execute a contract with Makers Architecture and Urban Design to develop a Housing Action Plan consistent with the requirements established in the Washington State Department of Commerce Interagency Agreement as presented. In response to Councilmember Cucciardi, Community Development Director Bond explained the proposed scope of work and noted the contract can be updated to lump sum instead of time and materials if that is the Council's recommendation. AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to change time and materials to lump sum of $75,000 for the complete body of work. DocuSign Envelope ID: E609FOFA-F8B8-45AF-BB1C-C44EA520CD94 Minutes of May 10, 2022 PaRe6of8 The amended motion carried. The main motion carried. (Resolution No. 049-22 and Contract No. 069-22) H. Adoption of a Resolution Authorizing the Purchase of a Body -Worn Camera System for the Police Department (Time Stamp 1:13:11) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt a resolution authorizing the purchase of twenty-five (25) body -worn cameras, plus associated hardware, software, and a five-year maintenance agreement, from Axon Enterprise, Inc. through Sourcewell Contract No. 010720-AXN, for a total purchase price of $326,804.94 (applicable tax included). The motion carried. (Resolution No. 050-22 and Contract No. 072-22) I. Approval of Amendment No. 3 to Contract No. 082-19 with Kitsap Public Facility District for the Community Event Center Project (Time Stamp 1:18:15) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve Amendment No. 3 to Contract 082-19 with Kitsap Public Facilities District. The motion carried. J. Approval of a 2-Day Use of Parking Lot No. 4: Fathoms O' Fun Pirates Rendezvous (Time Stamp 1:22:10) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the 2-day use of Parking lot No. 4 for the Fathoms O' Fun Pirates Rendezvous event scheduled for Sunday, May 29, to Monday, May 30, 2022, as presented. The motion carried. K. Approval of Road Closures for a Special Event: Fathoms O' Fun Grand Parade (Time Stamp 1:24:51) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the road closures for the Fathoms O' Fun Festival 53rd Annual Grand Parade event scheduled for Saturday, June 25, 2022, as presented as well as approving the use of Lot 4 for a 2-day vendor show to be held June 25 and June 26, 2022. The motion carried. DocuSign Envelope ID: E609FOFA-F8B8-45AF-BB1C-C44EA520CD94 Minutes of May 10, 2022 Page 7 of 8 L. Approval of the April 19, 2022, Work Study Session Meeting Minutes (Time Stamp 1:28:29) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the Council Meeting Minutes of the study session for April 19, 2022. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) (Time Stamp: 1:29:15) A. Continued: Veterans Park City Attorney Robertson reported the code enforcement officer is currently out of town so a robust report will be provided along with photos showing the recent successful cleanup at the next Council meeting. Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:30:03) Councilmembers Trenary and Cucciardi reported the Economic Development and Tourism Committee is scheduled to meet June 14tn Councilmember Clauson reported the Finance Committee is scheduled to meet May 17tn Councilmember Chang reported the Transportation Committee is scheduled to meet May 24tn Mayor Pro -Tern Lucarelli reported the Festival of Chimes and Lights Committee is scheduled to meet May 16t". The Sewer Advisory Committee is scheduled to meet May 18tn Councilmember Diener reported the Land Use Committee is scheduled to meet May 18tn 10. REPORT OF MAYOR There was no report of the mayor. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:31:53) There were no reports from the department heads. 12. CITIZEN COMMENTS (Time Stamp: 1:32:52) There were no citizen comments. DocuSign Envelope ID: E609FOFA-F8B8-45AF-BB1C-C44EA520CD94 Minutes of May 10, 2022 PaRe8of8 13. GOOD OF THE ORDER (Time Stamp: 1:33:11) Councilmember Rosapepe talked about growth and foresight to keep things moving forward and vibrant with projects like the pedestrian pathway. Mayor Pro-Tem Lucarelli spoke about her hometown and how they have been working on waterfront improvements and pathways. Long-range planning is very important. 14. EXECUTIVE SESSION No executive session was held. 15. ADJOURNMENT The meeting adjourned at 8:06 p.m. No other action was taken. Audio/Visual was successful. DocuSigned by: Brandy Wallace, MMC, City Clerk Cindy Lucarelli, Mayor Pro-Tem . `SEAL _