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04/24/2018 - Regular - Minutesw Si;IK ■Hjp City of Port Orchard Ki-fi Council Meeting Minutes Regular Meeting of April 24,2018 5 . 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:!! Councilmember Ashby Councilmember Chang Councilmember Clauson Councilmember Cucciardi Mayor Pro-Tern Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present Present Present Present Present Present Present Absent Staff present: Public Works Director Dorsey, Finance Director Crocker, Community Development Director Bond, City Attorney Cates, City Clerk Rinearson, and Deputy City Clerk Floyd were also present. I 1 A. PLEDGE OF ALLEGIANCE Mayor Pro-Tem Diener led the audience and Council in the Pledge of Allegiance. At 7:01 p.m., Mayor Pro-Tem Diener recessed the meeting for a 10-minute executive session in accordance with RCW 42.30.110(l)(i) regarding potential litigation, with possible action. Community Development Director Bond and City Attorney Cates were invited to attend. At 7:11 p.m., Mayor Pro-Tem Diener reconvened Council back into regular session. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to add an amendment to tonight's agenda, adding a Business Item 71, Interim Ordinance self-storage facilities and self-storage overlay matter.: The motion carried. MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the agenda as amended. The motion carried. Minutes of April 24, 2018 ___________Page 2 of 6 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Check Nos. 74152 through 74218 totaling $980,708.15; and Bi-Weekly Payroll including Check Nos. 147918 through 147933 totaling $393,964,83. B. Approval of the April 10, 2018, Council Meeting Minutes C. Adoption of a Resolution Supporting the 2019-2022 Funding Cycle Application Process for the Bay Street Pedestrian Pathway West Situational Study (Resolution No. 020-18) MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the consent agenda. The motion carried. 5. PRESENTATION No presentations were held. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending the 2017-2018 Biennial Budget Finance Director Crocker showed a brief Budget Amendments Summary presentation. MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt an Ordinance, amending the 2017-2018 Biennial Budgets for the City of Port Orchard as presented. At 7:00 p.m., Mayor Pro-Tern Diener asked if anyone from the public would like to comment on this item. There were no public comments. The motion carried. (Ordinance No. 013-18) B. Adoption of an Ordinance to Establish Electrical Charging Stations Minutes of April 24,2018 ____________Page 3 of 6 MOTION: By Councilmember Ashby, seconded by Councilmember Clauson. [To adopt an Ordinance authorizing the Mayor to establish plug-in electrical vehicle charging stations on City property for the use of the general public, at no cost to the users thereof.] The motion carried. (Ordinance No. 014-18) C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 7.04.021 Nuisance Feeding Prohibition and Establishing an Effective Date MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt an Ordinance, thereby updating POMC Chapter 7.04.021, thereby establishing a Nuisance Feeding Prohibition of Birds on Public Property, with final form approved by the City Attorney. Councilmember Chang said this sends a conflicting image when we have a festival celebrating seagulls, therefore he will be voting no. The motion passed. Councilmember Chang voted no. (Ordinance No. 012-18) D. Adoption of a Resolution Adopting the Final Plat of Andasio Village and Termination of Development Agreement (DA-001-14) MOTION: By Councilmember Rosapepe, seconded by Councilmember Cucciardi, to adopt a resolution, as presented, granting final plat approval for Andasio Village and termination of Development Agreement DA-001-14. The motion carried. (Resolution No. 021-18) E. Adoption of a Resolution Approving a Contract with Neptune Marine LLC for the Bay Street Pedestrian Pathway Segment No. 3 Construction and Documenting Procurement Procedures MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt a Resolution, thereby approving a Contract with Neptune Marine LLC in an amount not to exceed $375,947.57 (applicable taxes included) for the 2018 Bay Street Pedestrian Pathway - Segment #3 Construction Project. Councilmember Chang noted he works for the State Department of Transportation, but he does not work highways or local programs. If anyone feels this is a conflict he will recuse himself. No one voiced concerns over this being a conflict, therefore he will vote on this matter. The motion carried. (Resolution No. 010-18) Minutes of April 24, 2018 ________Page 4 of 6 F. Approval of Change Order No. 1 to Contact No. 037-17 Active Construction, Inc. for the Tremont Street Widening Project Public Works Director Dorsey noted this was the estimate from our CACM team. He heard from the contractor that their actual bid was $243,000. As the work needs to start April 30th, we need to proceed by changing the requested amount from $175,000 to $250,000. MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve Change Order No. 1 with Active Construction, Inc. in an amount not to exceed $250,000, with a corrected Change Order No. 1 to be brought back to Council for final ratification. The motion carried. G. Approval of a Contract with PSE for Master Lighting Services MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to authorize the Mayor to execute a Contract, thereby approving Master Lighting Services Agreement No. 23 with Puget Sound Energy. The motion carried. (Contract No. 036-18) H. Approval of Change Order No. 4 to Contract No. 021-17 with Transpo Group USA, Inc. for the 2017- 2018 Anderson Hill/Old Clifton Road Roundabout 100% PS&E MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to approve Change Order No. 4 to Contract No. C021-17 with the Transpo Group USA, Inc. in the amount not to exceed $5,500, bringing the new Contract Total to $66,390. The motion carried. I. Interim Ordinance Self-Storage Facilities and Self-Storage Overlay Matter Development Director Bond noted we recently received an increase in property owners and developments asking about building new indoor and outdoor self-storage facilities. Self-storage facilities are currently allowed as a conditional use in the R12 and R20 commercial zones and is a permitted use in the employment industrial and office zone. The Community Development staff is currently working on an update to the zoning code which will propose revisions to the existing zoning designations, new zoning designations, and changes to the allowable land uses within each zone. This updated zoning code is likely to include additional conditions regarding allowable locations and design standards for self-storage facilities. Minutes of April 24, 2018 ___________Page 5 of 6 The City is concerned that new self-storage facilities could be built in areas of the City that have the potential to disrupt the creation of new neighborhoods and local centers. In addition, the City is concerned storage facilities, while serving the needs of residents, generate little to no revenue to the City compared to other commercial land uses and consume large tracks of commercially zoned land. Self-storage facilities, once constructed, are rarely converted into other uses or redeveloped. As such, Council wishes to limit self-storage uses to only a few areas of the City where the Council is confident the construction of the self-storage units would not be disruptive to planning efforts to create local centers in neighborhoods. Council wishes to limit the areas of where self-storage facilities could be located. MOTION: By Councilmember Cucciardi seconded by Councilmember Ashby, to declare an emergency and to approve an interim ordinance on self-storage uses and an interim self-storage overlay map. The motion carried. (Ordinance No. 015-18) 8. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported on the Finance Committee which met earlier this evening. Councilmember Ashby reported the Economic Development Committee is scheduled to meet May 14th. Councilmember Lucarelli reported on the April 16th Utilities Committee. The next meeting is scheduled for May 21st. She reported on the [April 18th] Sewer Advisory Committee meeting. The next meeting is scheduled for July 18th. She reported on the [April 16th] Chimes & Lights Committee meeting. The next meeting is scheduled for May 21st. Mayor Pro-Tern Diener reported the Land Use Committee is scheduled to meet May 7th. The Council Retreat is scheduled for May 18th. Councilmember Ashby reported on the Kitsap Regional Coordinating Council Transportation Policy Board which met last week. 9. REPORT OF MAYOR There was no report of the Mayor. 10. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported on funding projects and voiced concerns over possible future landscaping issues at Tremont and asked Council if he should pursue different options. Council asked that the Tremont landscaping topic be brought forward at a future Council meeting. Minutes of April 24, 2018 ____________Page 6 of 6 Community Development Director Bond reported that Port Orchard was designated 2 census tracks under the Federal Opportunities Zoned Program which is now officially recognized by the Governor. 11. CITIZENS COMMENTS Theresa Donnelly voiced her disappointment with the tabling of the puppy mill ordinance and encourages Council to look into all the information that has been provided to them. Dr. Carolyn Zimmers, spoke about the animals she has treated that have come from puppy mills and saying this is a local issue for everyone. Laurie Johnston works part time at Cookies Pet store. This is a major issue for a lot of people in this town and spoke about the health issues of puppies from puppy mills. It would be easier to pass this ordinance now before something comes into this area. Margi Moore thanked Council for their consideration and time and asked them to pull the ordinance off of the table and reconsider their decision. She encouraged Councilmembers to ask her if they have any questions or would like clarification. Gerry Harmon asked Council to come up with something to send to our legislative representative, so the State knows that some communities are concerned and get them working on this at a State level. Also, no ground cover when you come into town. It is a lot of work. Tina Makins spoke about her work with kids who have RAD (Reactive Attachment Disorder) and how this might be similar to puppies who come from puppy mills as they also develop behavior and social issues. 12. EXECUTIVE SESSION An executive session was held earlier in the meeting. 13. ADJOURNMENT The meeting adjourned at 8:25 p.m. No other action was taken. Audio/Visual was successful. x' ) V 21C, City Clerk Scott Diener, Mayor Pro-TernBrandy Rineafson, I •; SEAL : I