04/27/2010 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of April27, 2010
1. CALLTOORDERANDROLLCALL
Mayor Lary Coppola called the meeting to order at TOO p.m. Mayor Pro-Tem Rob
Putaansuu, Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred
Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick,
Public Assistant City Engineer Archer, Treasurer Martin, Deputy Clerk Rinearson, and
Assistant City Attorney Forbes were also present.
A. Pledge of Allegiance
Kathy Michael led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Robert Seymour requested clarification of why the City rejected the Pott of Bremerton's
proposal to have eight four-hour parking spots located by the Waterfront Park; and noted
that it makes sense to have all ofthe paid parking located in one area, which could save the
City from having to purchase two electronic parking machines.
Councilmember Clauson responded that the City did not oppose the four-hour parking
stalls, noting that the agreement was to be a fair and even trade; however, the Port of
Bremerton presented the memorandum of agreement with conditions not previously
discussed.
Jerry Harmon voiced her interest in knowing whether the Design Review Board had a
quorum at the meeting that Mr. Swenson's design was reviewed and how many members of
the DRB were in attendance. Mayor Coppola explained that Mr. Weaver had been excused
from the meeting; however, he would be sure to have staff respond to her questions.
Kathy Michael requested clarification on how the current taxes for the Library will be
paid, directly from the County or pass-through to the City; how will the additional tax be
collected from citizens should the levy pass in November; and how will the City handle bank
capacity. She urged the Council to be sure these issues were very clear to the public.
Gil Michael asked the Council to relook at not purchasing a new vehicle; rather the City
should purchase a used vehicle.
Bob Showers made the following suggestions regarding the two ball field lease contracts:
• Section 4 D-Lessee shall have sole possession of Givens Field 1 and Givens Field 2
from November when football season is over through July 14, or the Monday,
starting the third week in July, whichever comes later during the term of this lease.
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If the Lessee is not quite done with tournaments, then they will be allowed to utilize
Fields 1 and Field 2 to finish. If utilization of the field to complete the tournaments
will affect the start of the football camps, then Lessee agrees to help prepare Fields 1
and 2 for the football camps. The South Kitsap Pee Wee Association shall have sole
possession of Givens Field 1 and Givens Field 2 from July 14, or the Monday, statting
the third week in July, whichever comes later through the month of November
during the term of this lease.
• Section 4 E-Specifically, Lessee agrees to cooperate with the South Kitsap Pee Wee
Association in the scheduling and performance of reseeding and top dressing for
Givens Field 1 and Givens Field 2.
3· APPROVAL OF AGENDA
The following items were removed from the Consent Agenda and placed under Business
Items:
• Approval of Contract Nos. C032-10 and C033-10, Authorizing the Mayor to Execute
Real Propetty Lease Agreements with South Kitsap Western Little League and South
Kitsap Pee Wee Association
Councilmember Powers MOVED and Councilmember Putaansuu seconded the
motion approving the Agenda. Upon vote, the motion passed unanimously.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants Nos. 53444 through 53506 in the amount of $64,110.10
B. Setting Meeting for Work Study Session to May 18, 2010, at TOO p.m. at City Hall
C. Approval of Public Event Application: Kitsap Harbor Festival
D. Approval of Firework Stand Applications: Rochelle Savage, Arrow Fireworks, and
TNT Fireworks
E. Approval of Contract No. C023-10, Authorizing the Mayor to Execute Interlocal
Agreement with Kitsap County for Jail Services
F. ApfH"O'tal of Coutraet Nos. C032 10 aud C033 10, Authoriziug the Mayor to Elceeute
Real Property Lease Agreemeuts with South Kitsap Westeru Little League aud South
Kitsap Pee Wee Assoeiatiou
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion approving the Consent Agenda as amended. Upon vote, the motion
passed unanimously.
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5· PRESENTATION
A. Municipal Clerk's Week
Mayor Coppola read the Municipal Clerk's Week proclamation into the record, and
presented the proclamation to Patti Kirkpatrick, City Clerk, who thanked the Council for
their continued support.
B. Silver Star Service Banner Day
Mayor Coppola read the Silver Star Service Banner Day proclamation into the record.
6. PUBLIC HEARING
No Public Hearings were held.
7· BUSINESS ITEMS
A. Approval of the April13, 2010, Council Meeting Minutes
Councilmember Olin MOVED and Councilmember Childs seconded the motion
to approve the April13, 2010, Council meeting minutes. Upon vote, the motion
passed unanimously.
B. Adoption of Resolution No. 019-10, Authorizing the Purchase of a 2010
Ford Escape for the Storm Drainage Utility from Bay Ford
Assistant City Engineer Archer presented the staff report, noting on March 23, 2010, staff
presented a request to purchase a 2010 Ford Escape XLS from the State Bid List for the
Storm Drainage Utility. Staff was directed by Council to use the formal bid process to seek
bids for a hybrid vehicle. Staff used the formal bid process to secure bids for a hybrid small
sport utility vehicle (SUV) and a non-hybrid SUV. Bids were opened on April 21, 2010, and
the results were as follows, including sales tax:
Bid received from (Vehicle Hybrid Vehicle Non-Hybrid
Information): Vehicle
State Bid List (2010 Ford Escape) $31,978.51 $19,045-36
Bay Ford $32,156.s9 $23,518.65
Bay Ford proposed a 2010 Ford Escape U5K 4WD Hybrid or a 2010 Ford Escape U9D 4WD
XLT. A second bid was obtained from Bay Ford for a 2010 Ford Escape U9C 4WD XLS
which is comparable to the State Bid List for $20,920.78, including sales tax. The City
budgeted $26,000, in the 2010 budget for this vehicle. If the bid proposal selection comes
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in over the $26,000, then a budget amendment will be required. Staff was unaware of the
ordering deadline for the State Bid List, which closed on March 31, 2010, for 2010
purchases.
Councilmember Clauson voiced his disappointment regarding the higher price of a hybrid
vehicle, which could have saved the City approximately $3,000 in fuel costs and he would
reluctantly vote in favor of the gas engine.
Councilmember Chang stated the City should look into purchasing used vehicles in the
future as a cost savings measure.
Councilmember Olin MOVED and Councilmember Putaansuu seconded the
motion to adopt Resolution No. 019-10, authorizing the purchase of a 2010
Ford Escape XLS with the Four Wheel Drive Option from Bay Ford including
sales tax, licensing and recording fees in an amount not to exceed $26,000
from the 2010 Storm Drain Utility Fund. Upon vote, the motion passed
unanimously.
C. Adoption of Ordinance No. 006-10, Amending Port Orchard Municipal Code
10.18 Parking of Boats and Recreational Vehicles.
City Clerk Kirkpatrick presented the staff report, noting at the April 20, 2010, Work Study
Session, Council directed staff to bring forward an ordinance amending Pmt Orchard
Municipal Code 10.18 Parking of boat and recreational vehicles by repealing Section
10.18.040 Exemptions and Section 10.18.050 Review of applications for Exemptions -
Conditions; and Adding a new Section 10.18.035 Permits. The new Section will allow for the
grandfathering of existing permits to remain in full force and effect until their expiration
date. This matter was reviewed by the Public Property Committee at their March 9, 2010,
meeting and the Committee recommended this be brought forward for Council discussion
and approval. On April 21, 2010, staff sent letters to the current RV Exemption Permit
holders notifying them of this item and inviting them to attend the April 27, 2010, Council
meeting.
Councilmember Clauson objected to removing the permit exemption, noting that there are
special circumstances when an exemption should be granted.
Councilmember Putaansuu suppmted the changes, noting there are businesses that can
provide storage service for RV's, boats, and recreational vehicles; it will eliminate possible
friction between neighbors; and keep the City's rights-of-ways uncluttered.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to adopt Ordinance No. 006-10, amending Port Orchard Municipal
Code Chapter 10.18 Parking of Boats and Recreational Vehicles by Repealing
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Section 10.18.040 Exemptions; and Section 10.18.050 Review of Applications
for Exemptions -Conditions; and Adding a New Section 10.18.035 Permits.
Upon vote, the motion passed unanimously. Upon vote, the motion passed
with five affiJ•mative votes and two dissenting vote. Councilmember Chang
and Clauson cast the two dissenting votes.
D. Adoption of Ordinance No. 007-10, Requesting an Election on August 17,
2010, Regarding Annexation of the City of Port Orchard into the Kitsap
County Rural Library District
Assistant City Attorney Forbes presented the staff report, noting at Council's request, staff
has prepared an ordinance requesting that the County Commissioner's adopt a resolution
calling for a special election to be held on August 17, 2010, regarding annexation of the City
into the Kitsap County Rural Library District. As required by statute, the proposed ordinance
has been sent to the City's Library Board. In addition, the Library District's Board of
Trustees has been asked to pass a motion concurring in the request for annexation. If the
Council adopts this ordinance, it will be forwarded to the County Commissioners with a
request that they adopt a resolution calling for a special election on August 17, 2010. The
Commissioners must act before May 25, 2010, in order for the ballot measure to appear on
the primary election ballot. In the event the citizens of Port Orchard approve the annexation
request, then they would be eligible to vote on the Library District's tax levy measure which
is scheduled to appear on the general election ballot in November 2010.
Councilmember Colebank favored the question being put on the August Primary ballot,
noting it would allow citizens the option to vote on whether or not they want to be patt of
the Kitsap Regional Library District.
Councilmembers Putaansuu, Olin, and Childs favored citizens being able to vote on
annexing into the Kitsap Regional Library District; however, they would remain neutral on
this issue as well as the upcoming Library Levy in November.
Councilmember Powers clarified that it is a matter of whether the citizens getting a say of
whether they approve the library levy amounts or not.
In response to Ms. Michael, Councilmember Clauson stated the City currently owns the
Library building and contracts Vlcith Kitsap Regional Library to provide services and books
to the community at the same rate other libraries in the County pay; and that the Council
would have to agree to use the bank capacity.
Councilmember Chang voiced his pleasure that there are no additional costs for placing this
question on the ballet; and favors giving the citizens the right to vote on whether they want
to annex into the Library District.
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Councilmember Putaansuu MOVED and Councilmember Olin seconded the
motion to adopt Ordinance No. 007-10, requesting an election regarding
annexation of the City of Port Orchard into the Kitsap County Rural Library
District. Upon vote, the motion passed unanimously.
E. Approval of Contract No. Co26-10, Authorizing the Mayor to Execute a
Contract with Henderson Construction for the Bay Street Seawall
Construction Project
Assistant City Engineer Archer presented the staff repott, noting on March 19, 2010 and
April 2, 2010, the City of Port Orchard Public Works Department published an invitation to
bid in the Port Orchard Independent. Additionally, this project was posted on an online
plan room, Builder's Exchange of Washington. Bidders were requested to provide for safety
upgrades along approximately 160 feet of Bay Street North near City Limits. This project
will include construction of a jersey-style guardrail cast-in-place at the edge of the traveled
way, installation of traffic detour signs, removal of asphalt, excavation, grade beams,
compaction of road subgrade, placing hot mix asphalt, and striping lanes. The City opened
bids on April 9, 2010, and received 7 bids in all. On The bids received were as follows
including tax:
Construction Company Location Bid Amount
Henderson Partners, LLC Gig Harbor $1o2,g8o.s8
Stan Palmer Construction Port Orchard $127,258.00
Vetch Construction, LLC Camano Island $136,887.00
Cherokee Construction Services Vancouver $1~6,113.00
R/S Construction & Excavation Covington $139,622.00
Caseco Associates Port Orchard $141,700.00
RV Associates Inc. Port Orchard $1s1,668.71
Henderson Partners, LLC from Gig Harbor, Washington was the lowest responsible bidder.
The engineer's estimate for this project was $138,823.50.
Councilmember Colebank MOVED and Councilmember Childs seconded the
motion to authorize the Mayor to execute Contract No. Co26-1o, with
Henderson Partners, LLC for the construction of the Bay Street Seawall Safety
Upgrades Project in an amount not to exceed $to2,g8o.s8. Upon vote, the
motion passed unanimously.
F. Approval of Contract No. C030-10, Authorizing the Mayor to Execute a
Contract with Krazan & Associates for Materials Testing
Assistant City Engineer Archer presented the staff report, noting Public Works is planning
on construction of one Federally Funded project this year. As part of the project, some
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construction and materials testing will need to be performed, including compaction testing
and concrete strength testing. On March 25, 2010, a request for proposals was sent to four
firms to perform these testing services: Earth Solutions NW LLC, Krazan & Associates, Inc.,
GeoEngineers, Inc., and HWA GeoSciences, Inc. Proposals were due to Public Works on
April 8, 2010. Only one firm submitted their request for proposal, Krazan Associates, Inc.
After reviewing proposals it was determined that Krazan Associates, Inc. will meet the
City's needs for the testing.
Councilmember Childs MOVED and Councilmember Olin seconded the motion
to authorize the Mayor to execute Contract No. C030-10 with Krazan
Associates, Inc. for On-Call Construction/Materials Testing for 2010 Projects
in an amount not to exceed $2o,ooo. Upon vote, the motion passed
unanimously.
City Clerk Kirkpatrick announced that the Kitsap Regional Library Board of Directors
passed their Resolution supporting the City's request to place a proposition on the August
Primary ballot.
G. Approval of Public Event Application: World's Biggest Disc Golf Weekend
City Clerk Kirkpatrick presented the staff report, noting each year organizations request
permission to close certain City streets; request the use of City parking lots; or use City
Parks. The West Sound Disc Golf Association has submitted their application for the
World's Biggest Disc Golf Weekend event for May 2, 2010, to be held at the VanZee Park.
City depattments, as well as the Fire Department, have reviewed the application and have
submitted their recommendations and/or comments. She further noted this application
was a new event.
In response to Councilmember Powers and Putaansuu, City Clerk Kirkpatrick stated it is
standard practice to send a letter indicating they must provide insurance and pay for any
towing that may occur during the event and the application will only be approved once all
of the conditions have been met.
Councilmember Powers MOVED and Councilmember Colebank seconded the
motion to approve the Public Event application for the World's Biggest Disc
Golf Weekend public event for May 2, 2010, to be held at the Van Zee Park.
Upon vote, the motion passed unanimously.
H. Approval of Contract Nos. C032-10 and C033-10, Authorizing the Mayor to
Execute Real Property Lease Agreements with South Kitsap Western Little
League and South Kitsap Pee Wee Association
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City Clerk Kirkpatrick presented the staff report, noting the current lease agreements for
use of the Givens ball fields expire on April 30, 2010. As directed by Council and with
guidance from the Public Propetty Committee, staff has prepared two new leases. The
South Kitsap Pee Wee Association will lease Givens Fields 1 and 2. The South Kitsap
Western Little League will lease Givens Fields 1, 2, and 3. The lease terms are 5 years and
the annual lease payments are $1. The leases incorporate the Council's comments from the
April 20, 2010, work study session.
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to authorize the Mayor to execute the real property lease agreement
between the City and South Kitsap Western Little League, Contract No. Co32-
10, and the real property lease agreement between the City and South Kitsap
Pee Wee Association, Contract No. C033-10.
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to amend the real property lease agreement between the City and
South Kitsap Western Little League and the South Kitsap Pee Wee Association
to add on page 3 section D at the end of the second sentence: If the lessee is not
done with the season ending tournaments, both associations shall cooperate
to allow lessee to complete the tournament; and on page 4 Section E adding on
to the second sentence to read: and repair of Givens Field 2. Upon vote, the
motion to amend passed unanimously.
Upon vote, the main motion as amended passed unanimously.
Councilmember Putaansuu requested that the City Attorney revise the contracts based on
the approved amendments.
8. CITIZENS COMMENTS
Kathy Michael thanked the Council for answering her questions in regards to the
annexation of the Library District and appreciated that most of the Councilmembers agreed
to keep the revenue neutral and not capturing the bank capacity should the Library Levy
pass.
9· COMMITTEE REPORTS
Councilmember Olin reported that the Public Property Committee will meet on May 11,
2010, at City Hall to discuss possible improvements to the Paul Powers Park.
Councilmember Powers repmted she attended the YWCA Women of Achievements and
encouraged anyone who has the oppmtunity to attend in the future should, as it was quite
inspiring and local area women such as Carol Arends, City of Bremerton Councilmember;
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Sharon Charbonneau, Owner of the Candy Shoppe; Martha Wescott Director of the Kitsap
Sexual Assault Center, and Claire Bradley, Kitsap County Chief Deputy Prosecutor were
recognized.
Councilmember Clauson reported that the City Treasurer provided to the Finance
Committee the sales tax collection thru March and is on target with our budget projections
and provided a cash flow projection that showed the major expenses and collections for the
future and we will be just squeaking by; and citizens are electing to have a direct withdrawal
from the their bank account to pay their utility bill and starting May 1, 2010, citizens will be
able to pay their utility bill online through the City's website; and the Finance Committee
will meet on May 1, 2010, at 7:30a.m. at Myhre's.
Councilmember Childs announced the Tourism/Economic Development Committee will
meet on May 12, 2010, at 5:30 p.m. at City Hall; and requested funds to help support a
replacement of plants/flowers at the Triangle Flag Pole by City Hall.
Councilmember Olin reported that the Moring Rotary Club will not pursue the P-Patch
Gardening Project with the Master Gardeners; however, the Noon Rotary would be
proposing to install a couple of benches and picnic tables.
10. MAYOR'S REPORT
The Mayor Coppola reported on the following:
• Attended Career Day at Orchard Heights Elementary School;
• Spoke with Public Utility District and they are almost done installing fibro-optic in
the City;
• Attended the AWC Mayor's exchange; and recognized that the City is in a lot better
shape financially than many other Cities, as we have not had to endure furloughs,
closing early, or layoff any employee;
• Met with Mike English the new Representative for Senator Cantwell regarding the
proposed parking garage funding;
• Met with Christina Reeves with Patty Murrays office regarding the applications we
have in;
• Met with Jill Jean and Jeff Brody with the Kitsap Regional Library regarding levy
funding for the City;
• Participated in the downtown cleanup on Sunday, April 25, 2010;
• Attended Melinda's Ribbon Cutting Ceremony; and
• Recorded April's Mayor Report and will be on the City's website by the end of the
week.
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11. REPORT OF DEPARTMENT DIRECfORS
City Clerk Kirkpatrick announced that Melinda's will be having their Open House on
Saturday, May 1, 2010, and the Council, Mayor, and citizens are invited.
City Treasurer Martin indicated that we should be receiving the City's share of the property
tax from the County by May 10, 2010.
Assistant City Engineer Archer reported the NPES Annual Rep01t results were available in
the Public Works Depa1tment for review by Council and/or Mayor.
13. ADJOURNMENT
At 8:34p.m. Mayor Coppola adjourned the meeting.
rlfla~~ -.~patrick, C~C, City Clerk