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09/13/2016 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of September 13,2016 1. CALL TO ORDER AND ROLL CALL MOTION: By Councilmember Lucarelli, seconded by Councilmember Donlin to have Councilmember Bek Ashby take the place of the Mayor and the Mayor Pro-Tem Clauson. The motion passed. Temporary Pro-Tem Ashby called the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Donlin Present Councilmember Lucarelli Present Mayor Pro-Tem Clauson Absent Mayor Putaansuu Absent Staff present: Public Works Director Dorsey, Long Range Associate Planner Sallee, City Attorney Cates, City Clerk Rinearson, and Deputy City Clerk Floyd were also present. A. Pledge of Allegiance Temporary Mayor Pro-Tem Ashby led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENT Minutes of September 13, 2016 Page 2 of 5 Nick Whittleton said before an ordinance is put into place regarding complete streets, we need to look into how we are going to finance transit lanes. He does not want to have to look back about paying millions of dollars. 4. CONSENT AGENDA A. Approval of Bi-Weekly Check Nos. 67308 through 67447 totaling $1,171,953.75; August Electronic Payment dates 8/1/2016 through 8/31/2016 totaling $3,769.76; and Bi-Weekly Payroll Check Nos. 147148 through 147191 totaling $639,696.99. B. Approval of August 23, 2016, Council Meeting Minutes C. Approval of Ms. Herring Rent Supplement Payment and the Relocation Assistance Voucher(s) in Association with the Passow Property Purchase (Parcel #15) for the Bay Street Pedestrian Pathway Project D. Approval of Ms. Herring Self-Move Balance Payment in Association with the Passow Property Purchase (Parcel #15) for the Bay Street Pedestrian Pathway Project E. Approval of Contract Extension No. 1 to Contract No. 058-16 with Universal Field Services, Inc. for Appraisal and Appraisal Review of the Comfort Inn Property for the Bay Street Pedestrian Pathway Project MOTION: By Councilmember Cucciardi, seconded by Councilmember Donlin, to approve the consent agenda. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Public Hearing on an Animal (Dog) Variance for 907 Grant Avenue Temporary Mayor Pro-Tem Ashby opened the public hearing at 7:05 p.m. Deb and Jim Howard reside at 907 Grant Avenue, and has lived there for 25 years. They have put a lot of care into their home and garden which has improved the value of the neighborhood. She has owned 3 to 4 dogs for the past 25 years, and have been responsible pet owners; however, this year, there has been much animosity from another neighbor of theirs, and they have purchased property elsewhere. She is requesting the animal variance, and also submitted a petition which included 6 of their neighbors. Boarding the 4th animal would be an undue hardship due to cost. Minutes of September 13, 2016 Page 3 of 5 Gretchen Johnson resides at 204 Smith Street. She has found Jim and Deb Howard to be very kind and responsible neighbors. Their dogs are not a nuisance to the neighborhood. She asks the Council to grant the variance. Shawn Sublett resides at 926 Grant Avenue. Deb and Jim, and their dogs, have always been great neighbors and are not a nuisance as they have been portrayed as. They have been a staple in the community. There being no further testimony, Temporary Mayor Pro-Tem Ashby closed public hearing at 7:12 p.m. 7. BUSINESS ITEMS A. Approval of an Animal (Dog) Variance for 907 Grant Avenue MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to authorize the City Clerk to issue an approval letter and a pet license for the 4th animal (dog) to Mr. & Mrs. Howard and for them to comply with all other regulations and licensing requirements of Port Orchard Municipal Code Title 7. The motion carried. B. Adoption of a Ordinance Establishing a New Chapter Complete Streets MOTION: By Councilmember Diener, seconded by Councilmember Donlin, that the City Council adopt Ordinance No. 030-16. The motion carried. Councilmember Clauson was absent. (Ordinance No. 030-16) C. Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate a Portion of City Right-of-Way Commonly Known as Smith Street MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt a Resolution setting the Public Hearing for October 11, 2016, to occur during the regular Council meeting, on a petition to vacate a portion of City's right-of-way commonly known as Smith Street. The motion carried. Councilmember Clauson was absent. (Resolution No. 062-16) Minutes of September 13, 2016 Page 4 of 5 0. Adoption of Resolution No. 068-16 Approving Contract No. 075-16 with the Law Office of Thomas M. Pors for the 2016-2017 Water Rights Legal Services MOTION: By Councilmember Donlin, seconded by Councilmember Lucarelli, to adopt Resolution No. 068-16, thereby approving Contract No. C075-16 with the Law Office of Thomas M. Pors in the amount not to exceed $50,000.00 for the 2016 activities (Tasks 1 thru 4 only) and documenting the Professional Services procurement procedures pursuant to RCW 39.80. The motion carried. (Resolution No. 068-16) 8. COMMITTEE REPORTS Councilmember Cucciardi reported the Finance Committee is scheduled to meet on September 27th. Councilmember Ashby reported on the Economic Development and Tourism Committee which met on September 12th, and the next meeting is scheduled for October 10th. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet September 19th; the Sewer Advisory Committee is scheduled to meet October 19th; the Festival Chimes and Lights Committee is scheduled to meet September 20th; and reported on the Ad-Hoc Homeless Committee which met on August 30th. Councilmember Diener reported the Land Use Committee is scheduled to meet on September 21st. Councilmember Lucarelli objected to an item going before the Land Use Committee, as it has already gone through another committee. She asked that the item be pulled from the Land Use Committee Agenda and place it on the Council Work Study Session Agenda. Councilmember Chang reported on the Lodging Tax Advisory Committee which met on September 7th; and the next Ad-Hoc Homeless Committee is scheduled to meet October 18th. Councilmember Ashby reported on the Puget Sound Regional Coordinating Council which met on September 13th. She also noted the Council is invited to attend the Kitsap Regional Coordinating Council Legislative Reception on November 10th. 9. MAYOR'S REPORT There was no Mayor's report. Minutes of September 13, 2016 Page 5 of 5 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the DeKalb Pier is almost completed and a ribbon cutting ceremony scheduled for September 30th at 10am. Public Works priorities include the Tremont Street anticipated May 2017, award; easement acquisitions and ad ready documents for Segment 3 of the Bay Street Pedestrian Pathway; and water rights for Wells 10/13 and Well No. 12. City Clerk Rinearson reported lodging tax applications are available on the website and will be noticed in the paper; the City has launched a test website and recommended getting new hi- resolution photos to place on the website. 11. CITIZENS COMMENTS Randy Jones owns a home on the Bay Street Pathway and voiced his frustrations with the ongoing project. Gerry Harmon did not see any notices regarding the Planning Commission public hearing, and stated two committees should not be discussing the same item before it goes on the consent agenda. Elissa Whittleton noted similar issues should not be going before two committees, or going straight to the consent agenda. She would like more transparency. 12. EXECUTIVE SESSION There was no Executive Session held. 13. ADJOURNMENT The meeting adjourned at 8:07 p.m. No other action was taken. Temporary Mayor Pro-Tem A^hby Brandy Rinearson, CMC, City Clerk