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11/28/2017 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 28,2017 iBluS.................. m 1 IE 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 Diener Councilmember Donlin Councilmember Lucarelli Mayor Pro-Tern Cucciardi Mayor Putaansuu Present Present Present Present Present Present Absent Present Staff present: Public Works Director Dorsey, Finance Director Crocker, Community Development Director Bond, City Attorney Cates, Deputy City Clerk Floyd, and Office Assistant II Whisenant were also present. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to amend the agenda by removing Business Item 7G Adoption of a Resolution Authorizing the Mayor to Sign a Deed of Dedication Conveying to McCormick Communities LLC Certain Real Property. The motion carried. MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS Minutes of November 28, 2017 ________________Page 2 of 6 There were no citizen comments. 4. CONSENT AGENDA A. Approval of Check Nos. 73121 through 73189 totaling $678,603.71; and Bi-Weekly Payroll including Check Nos. 147769 through 147785 totaling $405,228.37. B. Approval of November 17, 2017 Council Meeting Minutes C. Adoption of an Ordinance Accepting a Donation of a Portion of the Value of Real Property Purchased by the City for Parks and Recreation Purposes (Ordinance No. 054-17) D. Approval of a Contract with McCormick Communities LLC for Interim Improvements to the McCormick Sewer Lift Station #1 (Contract No. 071-17). E. Excusal of Councilmember Cucciardi Due to a Business Obligation i ii I I MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Adoption of an Ordinance Adopting a New Chapter of the Port Orchard Municipal Code 1.10 ("Records Retention") MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt an Ordinance adopting a new chapter of the Port Orchard Municipal Code 1.10 ("Records Retention") as presented. The motion carried. (Ordinance No. 055-17) B. Adoption of an Ordinance Amending Chapter 1.16 ("Official Newspaper") of the Port Orchard Municipal Code MOTION: By Councilmember Donlin, seconded by Councilmember Diener, to adopt an Ordinance amending Chapter 1.16 ("Official Newspaper") of the Port Orchard Municipal Code as presented. ! ! Minutes of November 28, 2017 ________________Page 3 of 6 Councilmember Chang noted that there appeared to be extra language that may need to be removed, which wouldn't change the intent of the Ordinance. The motion carried. (Ordinance No. 056-17) I C. Adoption of an Ordinance Adopting a New Chapter of the Port Orchard Municipal Code 1.22 ("Claims Against the City") MOTION: By Councilmember Diener, seconded by Councilmember Donlin, to adopt an Ordinance adopting a new chapter of the Port Orchard Municipal Code 1.22 ("Claims Against the City") as presented. The motion carried. (Ordinance No. 057-17) D. Adoption of an Ordinance Adopting a New Chapter of the Port Orchard Municipal Code 1.30 ("Disposal of Surplus Property") MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to adopt an Ordinance adopting a new chapter of the Port Orchard Municipal Code 1.30 ("Disposal of Surplus Property") as presented. The motion carried. (Ordinance No. 058-17) E. Adoption of an Ordinance Amending Chapter 2.36 ("Surety Bonds") of the Port Orchard Municipal Code MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt an Ordinance amending Chapter 2.36 ("Surety Bonds") of the Port Orchard Municipal Code as presented. The motion carried. (Ordinance No. 059-17) F. Adoption of an Ordinance Adopting Revisions Related to Feather, Banner and A-Board Signs of Port Orchard Municipal Code Chapter 20.132 MAIN MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to adopt an Ordinance adopting revisions to POMC Chapter 20.132 as presented. Minutes of November 28, 2017 ________________Page 4 of 6 Councilmembers in opposition stated the following reasons: • Quantity; • Height; • Limited areas; • Quality; • Esthetics; • Enforcement challenges; and • Business and/or property restrictions. Development Director Bond explained sign permits, and how the limitations outlined in the code adoption could potentially be a challenge for Code Enforcement. AMENDED MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to remove the prohibition of feather signs on the three corridors Bay Street, Sedgwick, and Tremont. The motion passed. Councilmembers Diener and Ashby voted no. Discussion was had on clarifying that if the main motion fails than feather signs will not be allowed, if the main motion passes than the feather signs would be allowed, and how to move forward with enforcement. Other temporary sign allowance options were identified. AMENDED MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to amend section 20.132.220 (C) to state "Feather signs: Maximum of 32 inches in width, maximum of eight (8) feet in height. The motion tied. Councilmember Donlin, Lucarelli, and Chang voted no. Mayor split the vote by voting in favor of the amended motion to be changed to eight (8) feet; therefore, the amended motion passed. Discussion was had on the enforcement of the hours the signs are displayed. Development Director Bond reminded council about the prohibition of animated signs, and this ordinance is allowing an exception for one type of animated sign. Also, defined the meaning of animated signs. Development Director Bond will bring enforcement tactics forward in January. MAIN MOTION FAILED, AS AMENDED. Councilmembers Diener, Ashby, Donlin, and Clauson voted no. Minutes of November 28, 2017 ________________Page 5 of 6 G. Adoption of a Resolution Atrtherteing the Mayor to Sign a Deed of Dedication Conveying to McCormick Communities LLG Certain Real Property 8. REPORTS OF COUNCIL COMMITTEES ! Councilmember Clauson reported the Finance Committee is scheduled to meet December 19th. Councilmember Ashby reported the Economic Development and Tourism Committee is scheduled to meet January 8th, Councilmember Ashby asked for the Good of the Order on housekeeping item Initiative and Referendum. Mayor Putaansuu suggested to add it to the January Work Study. Councilmember Lucarelli reported on the November 20th Utilities Committee meeting. The next meeting is scheduled for December 18th. The Sewer Advisory Committee is scheduled to meet January 17th. She reported the Chimes and Lights Committee is scheduled to meet December 18th. Mayor Putaansuu suggested the County Solid Waste Plan be brought either the first Council meeting in January, or if further discussion needed add to January's Work Study. Councilmember Diener reported the Land Use Committee is scheduled to meet December 12th. 9. REPORT OF MAYOR Mayor Putaansuu reported on the sinkhole on Salmonberry. 10. REPORT OF DEPARTMENT HEADS Community Development Director Bond reported on dangerous abatement hearings. City Attorney Cates followed up to Councilmember Chang's inquiry on Business Item 7B. Stating that the word "and" needs to be removed. Also, since it does not change the content it would be considered a Scrivener's Error. Good of the order Councilmember Clauson informed of an enforcement issue at 1411 Garrison. 11. CITIZENS COMMENTS No comments were made. Minutes of November 28, 2017 ____________Page 6 of 6 12. EXECUTIVE SESSION At 7:41 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session in accordance with RCW 42.30.110(2) regarding potential litigation. Councilmember Diener recused himself from the Executive Session. City Attorney Cates and Community Development Director Bond were invited to attend. Mayor Putaansuu noted that no action would be taken as a result of the executive session. At 7:56 p.m., Mayor Putaansuu reconvened Council back into regular session. 13. ADJOURNMENT The meeting adjourned 7:56 p.m. No other action was taken. Audio/Visual was successful. Robert Putaansuu, MayorBrandy Rinearson, CMC, City Clerk • i5 • N S •1 SEAL I=