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04/26/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of April 26, 2011 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tem John Clauson and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Rich Peterson led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Rich Peterson, Port Orchard Chamber Boardmember, asked the Council to partner with the Chamber in helping to promote economic growth within the community and to build a stronger relationship. Mayor Coppola welcomed the opportunity to work with the Port Orchard Chamber on future endeavors. 3· APPROVAL OF AGENDA The following items were added to the Agenda: • Kitsap County to Use Two Parking Spaces for Property Tax Payment Drop Off • Bid regarding Utility Model Go-4 Interceptor II for Police Department Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 55450 through 55505 in the amount of $99,733.07 B. Approval of Public Event Application: Kitsap Harbor Festival Councilmember Clauson MOVED and Councilmember Olin seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Proclamation: Municipal Clerk's Week Minutes of April 26, 2011 Page 2 of7 Mayor Coppola read the Municipal Clerk's Week Proclamation into the record; and City Clerk Kirkpatrick thanked the Council and Mayor for their continued support of her department's education opportunities. 6. PUBLIC HEARING No Public Hearings were held. 7. BUSINESS ITEMS A. Adoption of Ordinance No. 004-11, Amending Port Orchard Municipal Code ):Jy Adding a New Section to Chapter 10.84 "Inattentive Driving" Police Chief Townsend presented the staff report, noting that as directed from an earlier study session, an ordinance was drafted by the City attorney's office to allow options for officers, prosecutors, judges and the public when it comes to traffic infractions. This offense carries with it several more positive outcomes to both the City and the motorist. First, it does not appear as part of the motorist drivers' record and as such it gives prosecutors options to mitigate another citation to this offense. Second, this offense retains more of the fine locally allowing the money to work in our own community. Third, it is a citation that officers can use for traffic collisions. Finally, this option may help alleviate some trials or contested hearings on offenses, saving some time and cost of the prosecutors and the court. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to adopt Ordinance No. 004-11, amending Port Orchard Municipal Code by adding a new section to Chapter 10.84 entitled "Inattentive Driving". Upon vote, the motion passed unanimously. B. Adoption of Ordinance No. 005-11, Amending Port Orchard Municipal Code Chapter 10.04 by Adopting Certain Traffic Regulations by Reference Police Chief Townsend presented the staff report, noting that as part of the regular review of municipal ordinances related to criminal and traffic offenses, the City Attorney and Court Administrator recognized that chapter 10.04 contained some outdated language that needed to be updated. Like many other Washington cities, Port Orchard has adopted the "Washington Model Traffic Ordinance" out of the Washington Administrative Code. This limits the City's need to actually draft traffic ordinances that already exist under state law. This is simply a housekeeping issue to make sure City Code matches State law. Minutes of April 26, 2011 Page 3 of7 Councilmember Childs MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 005-11, amending Port Orchard Municipal Code Chapter 10.04 by adopting certain traffic regulations by reference. Upon vote, the motion passed unanimously. C. Approval of the April12, 2011, Council Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to approve the April12, 2011, Council meeting minutes. Upon vote, the motion passed with six affirmative votes and one abstaining vote. Councilmember Colebank cast the abstaining vote. D. Approval of Change Order No. 2 to Contract No. 027-09, Authorizing the Mayor to Amend Progressive Landscape Services Agreement for Parks Maintenance Public Works Director Dorsey presented the staff report, noting that on April 12, 2011, the Council made a motion to have Business Item 7H moved to the April 26, 2011, regular Council meeting. Staff was then directed to contact Mr. Fred Music, Owner of Progressive Landscape Services, to discuss the alternative option of Progressive taking over the maintenance responsibility of the Kitsap/Cline/Bay Street "triangle" in exchange for the removal of the Waterfront Parking Lot 2 maintenance from their current contract, pursuant to the Memorandum of Agreement (MOA) regarding a parking swap along the City waterfront, which included the Port of Bremerton taking over the landscaping maintenance of Lot 2. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to authorize the Mayor to execute an amendment to Contract No. 027- 09, with Progressive Landscape Services, whereby regular landscape maintenance for the Kitsap/Cline/Bay Street "triangle" will be performed in lieu of Waterfront Parking Lot 2 with no contract price amount change for the remaining contract term of 9 months. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Powers cast the dissenting vote. E. Approval of Contract No. 043-11, Authorizing the Mayor to Execute Agreement for Professional Engineering Services with PACE Engineers for Source Water Protection Plan Public Works Director Dorsey presented the staff report, noting as required by the Washington State Department of Health-Office of Drinking Water (DOH-ODW) for the 2009 (2011 Adopted) Water System Plan approval and therefore added to the City's Capital Improvement Plan (CIP) as part of said DOH-ODW approval, a detailed scope and budget Minutes of April 26, 2011 Page 4 of7 of $so,ooo has been provided by PACE Engineers, Inc. for the development of a Source Water Protection Plan (SWPPP.) As the City's water system engineer, PACE Engineers, Inc. has provided and continues to provide exceptional professional engineering service to the City on a number of water system related projects. Funding for this unexpected activity has been pulled from Well No. 11 and Well No.9 savings, so no increase to Fund 401 within the approved 2011 Budget will occur. Councilmember Powers MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Contract No. 043-11, with PACE Engineers, Inc., in an amount not to exceed $so,ooo for the Source Water Protection Plan as required by Department of Health-Office of Drinking Water. Upon vote, the motion passed unanimously. F. Approval of Contract No. 044-11, Authorizing the Mayor to Execute Agreement with Perteet for the 2011 Transportation Plan Element Public Works Director Dorsey presented the staff report, noting as required by the Washington State Growth Management Act (GMA), the City of Port Orchard is required to update the Transportation Element of the City's Comprehensive Plan every 6 years. This task is currently scheduled to be completed in time for the upcoming 2011 Comprehensive Plan Update scheduled for December 2011. On April 9, 2008, the City originally commenced work on the Transportation Plan Element Update via contract with Perteet. On June 11, 2008, City Engineering and Planning staff met with Perteet staff to discuss the current status of the update and to confirm the remaining scope of work and budget. On October 28, 2008, the City Council approved Change Order No. 1, thereby extending the contract termination date from November 3, 2008 to June 30, 2009, and on April14, 2009, the City Council approved Change Order No. 2, thereby extending the contract termination date again from June 30, 2009 to September 30, 2009. Due to unforeseen transportation related issues not addressed in the original Perteet contract (McCormick Annexations, Development Agreements, Road Impact Fees, Road Standard Revisions, etc), it was decided to allow the original Transportation Plan Element Update Contract scope and budget to exhaust itself in 2009, but to add scope and budget as required for Update completion within the 2011 Budget via new contract. On April19, 2011, both the City's Public Works Director and City Attorney met with Perteet staff to finalize the Scope of Work and Budget for the 2011 Transportation Element Plan Update Councilmember Olin MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute Contract No. 044-11, with Perteet in an amount not to exceed $45,000 for the 2011 Transportation Element Plan Update. Upon vote, the motion passed unanimously. Minutes of April 26, 2011 Page 5 of7 G. Kitsap County to Use Two Parking Spaces for Property Tax Payment Drop Off Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to authorize the Kitsap County Treasurer two parking spaces as per the dates requested, annually, and to abide by the same rules as previously provided by the City Clerk to the Elections Division; and the agreement will remain indefinite until either party requests a change. Upon vote, the motion passed unanimously. H. Bid regarding Utility Model Go-4 Interceptor II for Police Department Councilmember Clauson advised the City had an opportunity to bid on a Go-4 vehicle through the West Sound Utility District and he urged support to allow the Police Chief to submit a bid for the vehicle. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to allow Police Chief Townsend to make a reasonable bid in an amount not to exceed $26,500; and if successful then the Treasurer would submit as part of a future budget amendment. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS There were no citizen comments. 9· COMMI'ITEE REPORTS Councilmember Putaansuu reported the Utility's Committee met regarding proposed water rate data and will be bringing it forward to the May 17, 2011, Work Study Session for further discussion. Councilmember Olin reported that the Public Property Committee had determined that before a lease can be drafted for an Entry Kiosk at McCormick Village Park, a survey of the land would need to be done. He advised that Mr. Dick Davis was in the process of finding a volunteer to perform the survey. Councilmember Clauson reported the Finance Committee recommended that as the existing phone system at City Hall was working fine, there was no desire to move forward with purchase of a new system or to implement VoiP. Further, as the City continued to grow, there would be a need to expand the current system to accommodate additional staff. Minutes of April 26, 2011 Page 6 of7 Councilmember Powers reported on the Port Orchard Bay Street Association meeting, whose members voted to spend up to $200 on beautifying the hillside across from Peninsula Feed with year-round plants. 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the Housing Kitsap Finance Committee meeting; • Met with a group of people who are exploring ways to improve the business climate; • Met with a citizen concerning with a number of trees removed in the Lippert residential area; • Met with Judy Henry, Chief Financial Officer of the Housing Authority regarding their budget; • Attended Port Orchard Chamber of Commerce luncheon and introduced guest speaker, Attorney General Rob McKenna; • Presented employee of the quarter to Dennis Muldrow, Community Service Supervisor; • Attended the Kitsap Transit Board meeting; • Read to students of the Bethany Lutheran School; • Met with Karen Rodgers with Exeltech regarding various items; • Attended the Association of Washington City's Mayor Exchange; and • Participated in Kitsap Transit's interviews with personnel consultants to submit bids for a new director. 11. REPORT OF DEPARTMENT DIRECTORS Development Director Dorsey updated the Council regarding the Seattle Street Emergency Flood repair design, which was approximately 95% complete and that he would work on obtaining construction easements; and at the May, 17, 2011, Work Study Session he will bring forward a conceptual design for the Library Roof. City Attorney Jacoby provided an update regarding the Medial Marijuana Bill indicating that it has passed both houses and was awaiting the Governor's signature. City Clerk Kirkpatrick announced the Kitsap Visitors Convention Bureau is holding their first Roundtable on Thursday, April28, 2011, at 1:00 p.m. at the City of Poulsbo City Hall. 12. EXECUTIVE SESSION At 8:08 p.m. Mayor Coppola recessed the meeting for a 20-minute executive session regarding potential litigation in accordance with RCW 42.30.110(B). City Attorney Jacoby Minutes of April 26, 2011 Page 7 of7 was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:28p.m. Mayor reconvened Council back into regular session. 13. ADJOURNMENT At 8:28p.m. Mayor Coppola adjourned the meeting. ~~ Branay Rinearson, Deputy City Clerk