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08/13/2019 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meet ng of August L3,2OL9 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 City Clerk as follows: Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Cou ncil member Cucciardi Councilmember Diener Councilmember Lucarelli Cou ncilmember Rosapepe Mayor Putaansuu Present Present Absent Present Present Present Present Present Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney Cates, City Clerk Rinearson and Deputy City Clerk Floyd. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember cucciardi, seconded by councilmember Lucarelli, to excuse Councilmember John Clauson for personal reasons. The motion carried. MOTION: By Councilmember Ashby, seconded by councilmember cucciardi, to approve the agenda as amended. The motion carried. 3. CIT ZENS COMMENTS There were no citizen comments. Minutes of August 13, 2OL9 Page 2 of 8 4. CONSENTAGENDA A. Approval of Voucher Nos. 77284 through 773L9, and 77324 77428 including bank drafts in the amount of S1,968,582.97 and Electronic Payments in the amount of $146,379.99 totaling 52,tt4,962.96. B. Approval of Payroll Check Nos. 7732O through 77323 including bank drafts and EFT's in the amount of $150,015.80; and Direct Deposits in the amount of S182,417.36 totaling S332,433.16. C. Approval of a Contract with South Kitsap School District for a School Resource Officer D. New ltemi Excusal of Councilmember John Clauson for Personal Reasons MOT ON: By Councilmember Cucciardi, seconded by Councilmember Diener, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION A. Saints Car Club Roger Jensen said this is the Cruz's 32nd year and noted this event could not happen without the approval of the Mayor, Council, and city staff. He provided brief information on this year's attendance at the event. Bill Hubbell spoke to the number of cars in the event and amount of ferry passengers who came to town B. Fathoms O' Fun Festival, nc. Sharron King presented a Certificate of Special Appreciation to the City for dedication and commitment to service in working with Fathoms O' Fun Festival, lnc. for the past 52 years, and spoke about the Battle of the Bands and Grand Parade. 6. PUBL C HEARING A. New Chapter 6.20 Plastic Bag Reduction of the Port Orchard Municipal Code Mayor Putaansuu opened the public hearing at 6:43 p.m. Tony D'Onofrio, Sustainability Director for Town and Country and Central Markets and representing the Washington Food lndustry Association (WFl), stated WFI acknowledged their support of the plastic bag ban for several reasons including environmental consequences. WFI recognizes the 8 cent pass through charge is a good solid fee to offset some ofthe costs. Minutes of August 13, 2Ot9 P 3of8 Heather Trim, Executive Director of Zero Waste Washington, is pleased the ordinance is being considered tonight. Kitsap County last night voted in favor to an identical ordinance. Number of other cities are considering the same ban. They are concerned about the plastics in the environment because ofthe impact on wildlife and recycling systems. They support the ordinance and the charge. Susan Thoman, Port Orchard resident and founder of the Compost Manufacturing Alliance, has worked in solid waste for 30 years. She stands in support ofthe plastic bag reduction ordinance. She spoke to compost and recycling. Chris P ercy, program supervisor with Kitsap County Public Works, said yesterday Kitsap County Commissioners did approve the countywide ordinance. We are all hopefully going to be living under the same umbrella bag laws. We are happy to support the City in their outreach efforts should we move this ordinance forward. The downtown library has reusable bags for any resident to pick up. MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to close the public hearing at this time. The motion carried. At 5:52 p.ffi., Mayor Putaansuu closed the public hearing. Mayor Putaansuu noted we will have an ordinance to deliberate next week as well as reopen the public hearing for additional testimony. 7. BUSINESS ITEMS A. Adopt on of an Ord nance Adopt ng Amendments to Chapters 20.12, 2O.8O and 20.86 to the Port Orchard Municipal Code to Allow N ne-Lot Short Plats MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt an ordinance amending POMC Chapters 20.L2,20.80 and 20.86 to allow nine-lot short plats, as presented. The motion carried. (Ordinance No. 028-191 B. Adoption of an Ordinance Adopting Revis ons to Chapt erc 20.22,2O.t40 and 20.150 of the Port Orchard Mun c pal Code Clarifying Requirements for Minor Land Disturbing Activity Permits and Tree Cutting Activ ties Minutes of August 13, 2OL9 Page 4 of 8 MOT ON: By Councilmember Diener, seconded by Councilmember Ashby, to adopt an ordinance amending POMC Chapters 20.22,2O.L4O and 20.150 to streamline and simplify the permit and review process for minor land disturbing activities and select tree cutting activities, as presented. The mot on carried. (Ordinance No. 029-19) C. Adopt on of an Ord nance Adopt ng Chapter 20.100.130 Ons te Recreat on Space for Subdivis ons of the Port Orchard Munic pal Code MOT ON: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to adopt an ordinance adopting new section POMC Chapters 20.100.130 to require new residential subdivisions to provide onsite recreational space for their residents, as presented. The mot on carried. (Ordinance No. 030-19) D. Adoption of an ordinance Adopting the Revised zoLg Zoning Map MOT ON: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to adopt an ordinance to adopt the revised 2079 City Zoning Map, as presented. The mot on carried. (Ordinance 031-19) E. Adoption of a Resolution of lntent Related to sHB L4o6 MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to adopt a resolution declaring the City of Port Orchard's intent to adopt legislation to authorize a sales and use tax foi affordable housing in accordance with SHB 140G. The motion carried. (Resolution No. 023-191 F. Adoption of a Resolut on SupportingtheTlB 2Ot9 Urban Arterial Program FundingAppl cat on for the SW O d Clifton Road/Anderson Hill Road SW ntersection project MOT ON: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to adopt a resolution, thereby supporting the 2OL9 Urban Arterial Program (UAP) Funding Application for the SW Old Clifton Road/ Anderson Hill Road SW tntersection Project, as a requirement to obtain grant funding for a fully funded project phase. Minutes of August 13, 2OL9 Page 5 of 8 The motion carried. (Resol ution No. O24-L9l G. Approval of Change Order Nos. 25, 25, and 27 to Contract No. 037-17 with Active Construction, lnc. for the Tremont Street Widening Proiect MOTION: By Councilmember Diener, seconded by Councilmember Rosap€pe, to authorize the Mayor to execute Change Orders No. 25 through 27,with Active Construction, lnc. in an amount not to exceed S145,010.18. H. Community Development BIock Grant Ent tlement Grantee MOT ON: By Councilmember Lucarelli, seconded by Councilmember Diener, to move that the City of Port Orchard notify the US Department of Housing and Urban Development of the City's preference for Option 3, deferring status as an entitlement community and continuing as part of the Kitsap County Urban County for 2020-2022. The motion carried. l. Approval of the July 15, 2019, Council Work Study Session Minutes MOT ON: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to approve the July L6,2OL9, Council work study session minutes. The motion carried. Councilmember Cucciardi abstained. J. Approval of the July 23, 2Ot9, Council Meeting Minutes MOT ON: By Councilmember Rosapepe, seconded by Councilmember Cucciardi, to approve the July 23,20L9, Council meeting minutes. The motion carried. Councilmember Diener abstained. 8. DISCUSSION ITEMS (No Action to be Taken) A. Public Facilities District (PFD) - Next Steps Mayor Putaansuu said we were the top rated project in PFD rankings for projects. He provided a document which outlined the next steps. Minutes of August 13, 2OL9 Page 5 of 8 Mayor, Council, and staff discussed a draft agreement with PFD; funding studies; meetings with Kitsap County and PFD; bonding capacities; staff time in managing the process and project; cash contributions; possible Kitsap Bank financing; public outreach and community support; and project scope of work which included planning, outreach, design, cost estimates, shoreline permits, property acquisition, and construction documents and applications. Counc I Direction: Council agreed to let Mayor Putaansuu provide the City's framework for tasks and deliverables and funding commitment to the PFD this week. 9. REPORTS OF COUNCIL COMMITTEES Councilmember reported on the August 5th Economic Development and Tourism Committee. The next meeting is scheduled for September 7th [September 9th]. Councilmember Lucarelli reported on August 19th Utilities committee. The next meeting is scheduled for September L6th. The Sewer Advisory Committee is scheduted to meet this week [August 14th] Mayor Putaansuu and Councilmember Diener reported the Land Use Committee is scheduled to meet August 26th. Councilmember Rosapepe reported it was brought to his attention that the Lodging Tax Committee is down one member and the Mayor has been looking for additional members. ln response to Mayor Putaansuu, City Clerk Rinearson noted the Comfort tnn and Days lnn are both participating in the Lodging Tax committee this year. Additionally, she said the lodging tax application will be online this week and the committee will be meeting the week of September 23rd. 10. REPORT OF MAYOR The Mayor reported on the following: o Parking along Old Clifton Road by the McCormick Village park; . Replacing switches for our fiber; o Bay Street parking stall updates and City vehicles;. Chimes should be installed in the next 60 days;o Councilmember and non-union employee life insurance policy changes;o Personal policy changes; o Land use attorney and billing; and o No work study this month but there is a business meeting next week. 11. REPORT OF DEPARTMENT HEADS Minutes of August 13, 2OL9 Page 7 of 8 Community Development Director Bond reported on the release draft Vision 2050. City Clerk Rinearson reported she has been asked if the City would reconsider the pet sales ban ordinance and is asking for direction from Council. Councilmember Diener would like to see this added to a work study meeting. Councilmember Cucciardi asked to see an estimate of staff and attorney time to complete bring this to the finish line. L2. CITIZEN COMMENTS Mayor Putaansuu read into the record that the City of Port Orchard has never received a formal request from the owners of Whiskey Gulch to move our multi-model path to the waterside of their property. lf they were to make such a request, the City would gladly consider it, but we are aware of a Phase 1 ESA or an environmental records search that was performed by Kitsap Transit for their project on the adjoining property. This research indicates that contaminants may exist on Whiskey Gulch site. Should the City move forward on potentially moving the path to the waterside of the property, the owner would need to provide access to the property so the City could perform additional environmental testing. ln the event the contaminants were found on the property, the owner would be responsible for the environmental cleanup similar to what was done at the Titus Ford site at the base of our bridge by Blackjack Creek. lf our testing finds no environmental concerns, then our engineering staff could evaluate routes on the waterway side of the property. This route would also require the owner provide easements necessary to facilitate the pathway. Robert Mccee, Albon Dougherty, Renee Curton, Christi McGee, Chuck Huclt, L ndsey Dougherty, Shawn O'Dell, Conn e Haworth, Samantha Smith, Gregory Godbn Stephen Sweeney, Jason (Whiskey Gulch employeel, carol Seversen, Nate worder, and Harlan Morgan, voiced concerns and displeasure with the proposed bike bath in Annapolis including lack of communication and transparency from the City; parking spaces; pedestrian safety; bicyclists; loss of business and property; concerns for employees; small businesses, speeders on Bay Streeu jersey barriers; and urging the City to work with, and listen to their community. Astrid Gruenert, Nicole Vaught, Gregory vance Vaught, residents ofTremont Place, voiced concerns with the City's communication skills and the gas station to be built near their home. Cheryl Fowler, is an ex-employee of Kitsap Transit. She personally did the Annapolis run and noted the boat can only take on 10 bikes at a time. lf there are more bikes, they must remove passengers. Minutes of August 13, 20L9 Page 8 of 8 Kim Seibens, Leah Spauld ng, Ashley Da e, Margi Moore, and E zabeth Droun, spoke against puppy mills and encouraged Counci! to adopt an ordinance banning puppy mills in Port Orchard. Thanked Council for adding this discussion to the work study meeting in September. Mayor Putaansuu noted Grocery Outlet is having a grand opening this Thursday. At 8:58 P.ffi., Mayor Putaansuu recessed the meeting for a 5-minute break. At 9:03 P.ffi., Mayor Putaansuu reconvened Council back into regular session. 13. EXECUTIVE SESSION At 9:03 p.m., Mayor Putaansuu recessed the meeting for a 3O-minute executive session to discuss potential and ongoing litigation pursuant to Rcw 42.30.L1o. city Attorney cates, Development Director Bond, Public Works Director Dorsey and legal counsel Robertson via telephone were invited to attend and Mayor Putaansuu announced no action would be taken. At 9:33 P.ffi., Mayor Putaansuu extended the executive session an additional 20 minutes. At 9:53 P.ffi., Mayor Putaansuu reconvened Council back into regular session. T4. ADJOURNMENT The meeting adjourned at 9:53 p.m. No other action was taken. Audio/Visual was successful. an h, MMC, City Clerk Robert Putaa