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06/11/2019 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of June LL,2Ot9 L. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Cou ncilmember Cucciardi Councilmember Diener Cou ncilmember Lucarelli Cou ncil member Rosapepe Mayor Putaansuu Absent Present Present Present Present Present Present Present Staff present: Public Works Director Dorsey, Finance Director Crocker, Community Development Director Bond, City Attorney Cates, Deputy City Clerk Floyd and Office Assistant ll Whisenant. A. PLEDGE OF ALLEG ANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to move Executive Session to the end of Business ltems. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to accept the agenda as amended. The motion carried. 3. CITIZENS COMMENTS Steve Sego here to answer any questions regarding the proposed amendment on the Purchase and Sale Agreement for 640 Bay Street with Waterman lnvestment Partners. Also, shared discussions held at the Kitsap Public Facilities District meeting and the support from the board members for the proposed Community Events Center. )t Minutes of June LL,20L9 Page 2 of 6 Mayor Putaansuu also commented on the Kitsap Public Facilities District request for facility use at City Hall and explained the waiver of costs, except for afterhours staff time, if applicable. 4. CONSENT AGENDA A. Approva! of Voucher Nos. 76864 through 76930 including bank drafts in the amount of 5432,398.68 and Electronic Payments in the amount of 5t3q,023.59 totaling 5566,422.27. B. Approval of Payroll Check Nos.76851 through 75853, including bank drafts and EFT's in the amount of 5ZSZ,ZO9.98; and Direct Deposits in the amount of StOO,Ot0.54 totaling 54L9,220.52. C. Approva! of the May 2L,2O!9 Work Study Meeting Minutes D. Approval of the May 28,2019, Council Meeting Minutes E. Approval of a Contract with the Port Orchard lndependent as the City's Official Newspaper F. Excusal of Councilmember Ashby for Personal Obligations MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There was no presentation. 5. PUBLlC HEARING There was no Public Hearing. 7. BUSINESS ITEMS A. Adoption of an Ordinance Extending Term of the Mixed-Use Pilot Program MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt an ordinance to extend the mixed-use pilot program to June 30, 2020, as presented. The motion carried. (Ordinance No. 019-19) B. Approval of Addendum No. 2 to Contract No. 053-18 with Waterman lnvestment Partners, LLC, for the Real Estate Purchase and Sale Agreement for 640 Bay Street MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to approve Amendment No. 2 to the 640 Bay Street Purchase and Sale Agreement as presented. Minutes of June 11, 2019 Page 3 of 6 The motion carried At 6:43 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session [pursuant to RCW 42.30.110(1)(i), to discuss a potential litigation matter]. City Attorney Cates, Finance Director Crocker, Public Works Director Dorsey, Community Development Director Bond, Water Systems Manager Hunter, and legal counsel Robertson via telephone. At 7:03 p.m., Mayor Putaansuu extended the executive session an additional 15 minutes. At 7:18 p.m., Mayor Putaansuu extended the executive session an additional 15 minutes. At 7:33 p.m., Mayor Putaansuu extended the executive session an additional 10 minutes. At 7:48 p.m., Mayor Putaansuu extended the executive session an additional 5 minutes. At 8:39 p.m., Mayor Putaansuu reconvened Council back into regular session. MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to add a new item to Business Items 7C as Adoption of an Ordinance Establishing a 6-month moratorium on certain developments in the 580 and 660 Water Zones. The motion carried. Mayor Putaansuu stated: The City commenced a water facility plan update in 2017. As part of that update, we hired expert water consultants to do thorough review of our water facilities plan and create an updated plan. During the course of this review, it has come to the attention of our water department that the City is over-extended on water connections for the 580 and 660 water service zones. This is the area where the McCormick Development is occurring. This issue is a combination of being short of reservoir or “water storage” capacity combined with a potential supply shortage and the need to upgrade Bremerton’s Anderson pump station to ensure uninterrupted water supply. It is of paramount importance to the City that we provide for the public health, safety and welfare for the people of Port Orchard. Now that we are aware that we have an issue in the 580 and 660 zones, we need to work hard to find a solution. Our first step is to make sure that the water facilities problem is not exacerbated by continuing to allow new connections when we are already beyond our maximum capacity. Therefore, issuing a moratorium to pause all building permits which require a new water connection is a necessary first step. The issuance of a moratorium will also give the City time to work through the water facilities plan update and determine how we can best solve this problem. Minutes of June tt,2OL9 Page 4 of 6 The City is committed to finding a solution to this problem and to ensure that this area will have the water it needs for both household use and fire flow. By putting the moratorium in place we can do so without the added threat of additional connections making the problem worse. We will hold the Public Hearing for this moratorium on Ju ly 23'd and will take public testimony about the moratorium at that time. C. New tem: Adoption of an Ordinance Establishing a 5-month moratorium on certain developments in the 580 and 560 Water Zones MOTION: By Councilmember Diener, seconded by Councilmember Chang, to approve an ordinance adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390; imposing a temporary six- month moratorium on the acceptance of certain development in the 580 & 660 water zones; setting forth findings of fact in support of this moratorium; imposing the moratorium; stating the effect on vested rights; providing for exclusions; recognizing that public hearing will be held within 60 days; authorizing interpretative authority; providing for severability; dectaring an emergency; setting the duration; and establishing an immediate effective date. The motion carried Consensus of the council is that they are committed to the protect the City and its residents and acknowledger there are a lot of unanswered questions; the Mayor, staff, and legat counsel was asked to work diligently towards resolving the issue and provide the necessary data to the Council. The motion carried 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported the Finance Committee is next meeting is yet to be determined Mayor Putaansuu reported that the next Economic Development and Tourism Committee meeting is scheduled for July 8. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet July 15. Reported the next Sewer Advisory Committee meeting is scheduled for August L4. Councilmember Diener reported the Land Use Committee is scheduled to meet July 1. Minutes of June 71,,2019 Page 5 of 6 Councilmember Rosapepe reported the next Lodging Tax Advisory Committee meeting is to be determined. Councilmember Lucarelli reported the Chimes & Lights Committee is scheduled to meet August 19. Mayor Putaansuu informed of his upcoming meeting with PSRC, with the TransPol Committee, for a challenging proposal to request funds for the Tremont Project. 10. REPORT OF MAYOR The Mayor reported the following: o Received the preliminary estimated population for the City from the Office of Financial Management (OFM); . Kitsap County Fireworks ban and how it relates to the City; o Working on maintenance Bid for Tremont project landscaping; and o Attending AWC Annual Conference. 11. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey informed of the maintenance bond on Tremont project landscaping, gave update on paving Tremont project, and ribbon cutting scheduled for Rockwell Park. Community Development Director Bond reported on the Vision 2050 with Puget Sound Regiona! Council (PSRC) update. OTHER DISCUSSIONS: Councilmember Clauson gave an update that Kitsap Transit is refurbishing the Annapolis Ferry Dock and it will be out of commission. Sailings will increase in the downtown Port Orchard dock and added bus service to bring commuters from the Annapolis Ferry Dock to downtown for ferry sailings. L2. CITIZEN COMMENTS There were no citizen comments. 13. EXECUTIVE SESSION Executive Session was held earlier in the meeting. Minutes of June LL,20L9 Page 5 of 6 L4. ADJOURNMENT The meeting adjourned at 8:10 p.m. No other action was taken. Part One Audio was successful Part Two Audio/Visual was successfu!. an Rinearsoh, MMC, City Clerk Robert Putaansuu, Mayor a SEAL