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.
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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.
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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
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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.
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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.
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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
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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.
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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