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04/14/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of April 14, 2009 7:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tern Powers, Clauson, Chang, Childs, Colebank, Olin, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Dorsey, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Amy Schroder, Mrs. Port Orchard, led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Jim Durham, representative for Knights of Pythias Cemetery, requested to be exempted from paying the storm drainage utility rates, explaining they are a nonprofit organization with no funding available to pay the fees. Public Works Director Dorsey directed Mr. Durham to fill out the rate variance form requesting a rate reduction; and the Council directed the matter be remanded to the Utility Committee for further discussion. Amy Schroder, Mrs. Port Orchard, invited the Mayor and Council to participate in the Mrs. Washington Pageant by signing a petition in support of Music for Education and donating $1, which is patt of the Pageants' efforts to raise 1,000 signatures for $1,000. APPROVAL OF AGENDA Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to amend the agenda by moving Consent Items 4B and 4H to Business Ite1ns. Upon vote, the ntotion to a1nend passed unani1nously. APPROVALOFCONSENTAGENDA Councilmember Clauson moved and Councilmember Olin seconded the n1otion approving the Consent Agenda as amended. Upon vote, the nwtion passed unanimously. A. Approval of Claim Warrants# 51439 through #51552 in the amount of $295,013.86; March Payroll Warrants #142204 through #142263 in the amount of $444,643.97; and Treasurer's check book in the amount of $1,100,925.03. B. Apprnval oftbe March 17, 200~, 'Nork Study Session Minutes C. Approval of the March 24, 2009, Council Meeting Minutes D. Approval of Public Event Application: Port Orchard Farmers Market E. Approval of Public Event Application: Seagull Calling Festival and Wings Cook-off F. Adoption of Resolution No. 028-09, Authorizing the Mayor to Execute Contract Extension with the Doctors Clinic for CDL/DOT Exam and Certificates ' G. Adoption of Resolution No. 029-09, Ratification of Mayor's Signature on the 2008 Annual Repott and Delegating the Authorized Representative to the Assistant City Engineer H. Adoption of Resolution No. 030 09, i'\-uthorizing the Mayor to Execute Change Order No. £ with Perteet for the Transportation Element Update I. Adoption of Resolution No. 032-09, Authorizing the Mayor to Execute Grant Agreement with Washington Auto Theft Prevention Authority for Automatic License Plate Recognition Funding J. Adoption of Resolution No. 033-09, Authorizing the Mayor to Execute Modification No. 1 to Agreement with Battelle Memorial Institute Pacific NW Division for Homeland Security Nuclear Training PUBLIC HEARINGS No Public Hearings were held. PRESENTATION Proclamation: Autism Awareness Mayor Coppola presented the proclamation to Sheny Charlot, who thanked the Council for their continued suppo1t. Proclamation: Mayor for Moses Lake City Clerk Kirkpatrick announced the proclamation would be presented at the May 12, 2009, Council meeting. NEW BUSINESS Approval of Public Event Application: Kitsap Harbor Festival City Clerk Kirkpatrick presented the staff report, noting each year several organizations request permission to close certain City streets, to use City parking lots, and/ or use City Parks. The Bremerton Main Stream Association has submitted their application for the Kitsap Harbor Festival public event to be held May 22, 2009 and May 25, 2009, of which a portion is on the City's waterfront. City departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments. Staff recommends approving the public event application. In response to Councilmember Chang; Brian Sauer explained Lot No. 4 is adjacent to the Peninsula Feed store and is the same location the Rock-Around-the-Block event has previously been held. Councilmember Powers moved and Councilmember Colebank seconded the motion to approve the Public Event application for the Kitsap Harbor Festival public event between May 22, 2009 and May 25, 2009, which a portion is on the City's waterfront. Upon vote, the ntotion passed unani1nously. Minutes of April 14, 2009 Pa e of Adoption of Resolution No. 034-09, Authorizing the Mayor to Execute Contract with Shea, Carr, and Jewel Inc. for Bethel Roundabout Pre-Design Study Public Works Director Dorsey presented the staff report, noting on March 4, 2009, three (3) consultants were selected from the 2009 Consultant Roster and were interviewed by phone for the preparation of a Pre-Design Study for the Bethel Roundabout. This was requested by the Council in conjunction with the Hi-Joy Bowl parking lot lease discussions. The firms interviewed were Petteet; David Evans & Associates, Inc; and Shea, Carr & Jewell, Inc. The interview committee unanimously selected Shea, Carr & Jewell, Inc. and on March 27, 2009, Public Works staff met with Shea, Carr & Jewell, Inc. to define the project scope. Staff recommends that the Council authorize the Mayor to execute a contract with Shea, Carr & Jewell, Inc. in an amount not to exceed $5,782 for the Bethel Roundabout Pre- Design Study. In response to Councilmember Chang, City Attorney Jacoby stated this is a good faith agreement and, if the study determines that the City will not need the extra right-of-way, then the City will sell the unneeded piece to Hi-Joy Bowl who will then reimburse the City the cost to perform the study. Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to authorize the Mayor to execute a contract with Shea, Carr, and Jewell, Inc. in an amount not to exceed $5,782 for the Bethel Roundabout Pre- Design Study. Upon vote, the motion passed unanimously. Adoption of Resolution No. 035-09, Authorizing the Mayor to Execute Contract with Robinson Noble Saltbush, Inc. for Well No. 11 Hydrogeologic Services Public Works Director Dorsey presented the staff repmt, noting as a requirement of the Well No. 11 Water Right (located at Mitchell Point), the Department of Ecology required reconstruction of existing Well Nos. 1, 2, 3 and 4B located within the McCormick Well Field into the deeper, below sea level aquifer (Well No. 4B has already been completed). On March 5, 2009, the Utility Committee interviewed (3) selected consultants from the 2009 Consultants Roster for the reconstruction of Well No. 11 (formerly Well No. 5) to replace Well Nos. 1 thru 3. The firms interviewed were GeoEngineer, Robinson Noble Saltbush, Inc., and HDR. The Committee unanimously selected Robinson Noble Saltbush, Inc. and on March 19, 2009, Public Works staff met with Doug Dow of Robinson Noble Saltbush, Inc. to define the project scope. Staff recommends the City Council authorize the Mayor to execute a contract with Robinson Noble Saltbush, Inc. in an amount not to exceed $53,000 for the Well No. 11 Hydrogeologic Services. Minutes of April 14, 2009 Pae of Councilmember Olin moved and Councilmember Clauson seconded the motion to authorize the Mayor to execute a contract with Robinson Noble Saltbush, Inc. in an amount not to exceed $53,000 for the Well No. 11 Hydrogeologic Services. Upon vote, the motion passed unanin1ously. Adoption of Resolution No. 036-09, Authorizing the Mayor to Execute Contract with Pace Engineers Inc. for Well No. 10 Pre-Design Report Public Works Director Dorsey presented the staff repott, noting on March 11, 2009, the Utility Committee interviewed (3) selected consultants from the 2009 Consultant Roster for the preparation of a Pre-Design Report as needed for the continuation of the Well No. 10 project site located at Mitchell Point. The firms interviewed were Parametrix; AHBL; and Pace Engineers, Inc. The Utility Committee unanimously selected Pace Engineers, Inc. and on March 20, 2009, Public Works staff met with Pace Engineers, Inc. to define the project scope. Staff recommends that the City Council authorize the Mayor to execute a contract with Pace Engineers, Inc. in an amount not to exceed $135,000 for the Well No. 10 Pre- Design Report, which is a budgeted item. In response to Councilmember Chang, Public Works Director Dorsey explained this is a pre-design report for one of the City's largest capital facilities projects. Councilmember Olin moved and Councilmember Chang seconded the n1otion to authorize the Mayor to execute a contract with Pace Engineers, Inc. in an amount not to exceed $135,000 for Well No. 10 Pre-Design Report. Upon vote, the motion passed unanimously. Adoption of Resolution No. 037-09, Authorizing the Mayor to Execute Contract with AES Consultants, Inc. for Survey Services on Cara Creek Storm Maintenance Easement Public Works Director Dorsey presented the staff report, noting the existing Cara Creek storm drainage culvert, located under SW Old Clifton Road, is inaccessible for routine maintenance unless an access & utility maintenance easement is provided for over the prope1ty owned by Swan Investments LLC. AES Consultants, Inc. was selected from the City's 2009 Professional Services Roster to provide the professional survey services including but not limited to preparation of legal description, exhibit and conveyance document as needed to prepare and record the storm drainage access & utility maintenance easement. Staff recommends that the City Council authorize the Mayor to execute a contract with AES Consultants, Inc. in an amount not to exceed $1,000.00 for the preparation of a storm drainage access & utility maintenance easement for the Cara Creek Culvert. Minutes of April 14, 2009 Pae of Councilmember Childs moved and Councilmember Colebank seconded the motion to authorize the Mayor to execute a contract with AES Consultants, Inc. in an amount not to exceed $1,000 for the preparation of a storm drainage access and utility maintenance easement for the Cara Creek Culvert. Upon vote, the ntotion passed unanimously. Adoption of Resolution No. 038-09, Authorizing the Mayor to Execute Contract with Progressive Landscapes LLC for 2009 Parks Maintenance Service Public Works Director Dorsey presented the staff report, noting the City of Port Orchard Public Works Department requested and received cost proposals from four (4) local companies for the 2009 Parks Maintenance Services, with the scope of work including the Roundabout, the Port Orchard Marina Lot Nos. 1 and 2, the Waterfront Lot Nos. 3 and 4, Etta Turner Park, and the 213/215 Prospect Rentals. The Small Works Roster was not utilized since landscaping and building/ grounds maintenance contracts are "services" that do not need to follow "public work" bid rules. Bids submitted were as follows: Progressive Landscapes LLC $15,117.12 incl. tax Team Innovative Services, Inc. $15,204.00 incl. tax Full Throttle Landscaping $16,561.50 incl. tax Kitsap Outdoor, Inc. $16,651.80 incl. tax Upon review by staff, it was determined that Progressive Landscapes LLC was the lowest qualified bidder with a bid of $15,117.12 (including tax). Staff recommends that the City Council authorize the Mayor to execute a contract with Progressive Landscapes LLC in an amount not to exceed $15,117.12 for the 2009 Parks Maintenance Services. Councilmember Powers moved and Councilmember Colebank seconded the motion to authorize the Mayor to execute a contract with Progressive Landscapes LLC in an amount not to exceed $15,117.12 for the 2009 Parks Maintenance Services. Upon vote, the motion passed unanintously. Adoption of Resolution No. 039-09, Authorizing the Mayor to Execute Contract with Stripe Rite, Inc. for 2009 Thermoplastic Application Public Works Director Dorsey presented the staff report, noting on March 16, 2009, the City of Port Orchard Public Works Department selected three (3) contractors from the 2009 Small Works Roster and requested proposals from each company for 2009 Thermoplastic Applications. On March 25, 2009, Stripe Rite; Apply-A-Line; and Road Runner Striping submitted bids as follows: Stripe Rite, Inc. Apply-A-Line Road Runner Striping $12,960.06 incl. tax $14,633.85 incl. tax $15,476.86 incl. tax Upon review by staff, it was determined that Stripe Rite, Inc. was the lowest qualified bidder in the amount of $12,960.06 (including tax). Staff recommends that the City Council authorize the Mayor to execute a contract with Stripe Rite, Inc. in an amount not to exceed $13,000 for the 2009 Thermoplastic Applications. Councilmember Chang moved and Councilmember Childs seconded the motion to authorize the Mayor to execute a contract with Stripe Rite, Inc. in an amount not to exceed $13,000 for the 2009 Thermoplastic Applications. Upon vote, the motion passed unanimously. Minutes of the March 17, 2009, Work Study Session Meeting Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to approve the March 17, 2009, Work Study Session meeting minutes. Upon vote, the motion passed unanimously with one abstention. Councilmember Powers cast the abstaining vote. Adoption of Resolution No. 030-09. Authorizing the Mayor to Execute Change Order No. 2 with Perteet for the Transportation Element Update Public Works Director Dorsey presented the staff report, noting on April 9, 2008, the City Council authorized the Mayor to sign a contract with Perteet in an amount not to exceed $50,000. On October 28, 2008, the term of the contract was extended to June 30, 2009, pursuant to Supplemental Agreement No. 1. Proposed Change Order No. 2 is a no-cost change to update the Consultant Project Manager and to redistribute the project budget balance to accomplish additional work requested by the City according to a modified schedule. This change order also extends the June 30, 2009, completion date to September 30, 2009. Staff recommends authorization for the Mayor to sign Change Order No. 2 with Perteet for a no-cost change to update the consultant project manager and to redistribute the project budget. Councilmember Clauson moved and Councilmember Colebank seconded the motion to authorize the Mayor to sign Change Order No. 2 with Perteet for a no-cost change to update the consultant project manager and to redistribute the project budget. Upon vote, the motion passed unanimously. Discussion Item: Filling Vacant Budgeted Positions Councilmember Clauson, Finance Committee Chair explained there are four budgeted vacant positions at the City. The positions are: HR Coordinator; Police Sergeant; part-time in Finance, and a Meter Reader position in Public Works. After a brief discussion the Council agreed all the vacant position are equally impmtant and must be filled and directed staff to fill the budgeted positions as needed. Minutes of April 14, 2009 Pae of Councilmember Clauson moved and Councilmember Powers seconded the motion to authorize staff to fill the vacant budgeted positions Sergeant, Meter Reader, HR Coordinator, and part-time position in the Finance Department as needed. Upon vote, the motion passed unanimously. CITIZENS COMMENTS There were no citizen comments. COMMITTEE REPORTS Councilmember Childs announced the City's Tourism Committee will meet on Wednesday, April 15, 2009, at 2:00 p.m. at City Hall; and invited the community to come down to Bay Street for the Annual Clean-up day to be held on Sunday, April 18, 2009, at 11:00 a.m. Councilmember Putaansuu announced the Utility Committee will meet on Friday, April 17, 2009, at 7:30 a.m. at Myhre's. Councilmember Powers congratulated Councilmember Colebank on his appointment to the Puget Sound Regional Council. MAYOR'S REPORT Mayor Coppola provided an update on his visit with Congressman Norm Dicks, noting he provided Mr. Dicks with a presentation on what projects the City needed funding for. Congressman Dicks will meet with the City to tour the project sites later this week. REPORT OF DEPARTMENT DIRECTORS There were no rep01ts from the Department Directors. ADJOURNMENT At 8:25 p.m. Mayor Coppola adjourned the meeting. dfv ppol~ayor /