Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
08/24/2010 - Regular - Packet
I City Council Meeting Agenda August 24, 2010 CITY OF PORT ORCHARD 7: 00 p.m. Mayor: Lary Coppola 1. CALL TO ORDER Administrative Official A. Pledge of Allegiance Councilmembers: Fred Chang Chair: LTAC 2. CITIZENS COMMENTS Staff. Clerk's Office Please limit your comments to 3 minutes for items not up for Public Hearing. When Economic De/Tourism Committee Public Property Committee recognized b the Mayor, lease state our name and address or the official record 9 y y P y f .� (Please complete the sign -in sheet located in the hallway). Jerry Childs Chair: Economic Dev/Tourism Committee 3. APPROVAL OF AGENDA Staff: Clerk's Office Finance Committee 4• CONSENT AGENDA John Clauson Chair: Finance Committee (Approval of Consent Agenda passes all routine items listed below, which have been Staff: City Treasurer distributed to each Councilmember for reading and study. Consent Agenda items are not Utilities/SAC Committee considered separately unless a Councilmember so requests. In the event of such a request, Kitsap County Health the item is returned to Business Items.) Jim Colebank A. Approval of Claim Warrants and Payroll Economic Dev/TourismCommittee B. Approval of the August 10, 2010, Council Meeting Minutes KRCC/PSRC/KEDA/PRTPO Fred Olin I PRESENTATION Chair: Public Property Committee Jc Staff. Planning Department A. Proclamation: Domestic Violence Awareness Utilities/SAC Committee Carolyn Powers 6. PUBLIC HEARING Public Property Committee KRCC/TransPol A. Vacating a 4-Lot Short Plat Named Kenmore Court at McCormick Rob Putaansuu Woods (Weaver) Chair: Utilities Committee Staff: Public Works Department Finance Committee . BUSINESS ITEMS � Kitsap Housing Authority A. Approval of Contract No. ool-go, Extension of Wave Cable SAC Committee Television Franchise Agreement and Side Letter Agreement Department Director: Regarding Internet Service with Wave Division IV, LLC (Jacoby) Patti Kirkpatrick, CMC Administrative Services B. Adoption of Ordinance No. o16-1o, Amending Port Orchard City clerk Municipal Code Chapter 13.04.010 for 2010 Sanitary Sewer Rate Allan Martin Increase (Dorsey) City Treasurer C. Adoption of Ordinance No. 017-10, Vacating a 4-Lot Short Plat Debbie Hunt Court Administrator Named "Kenmore Court at McCormick Woods" (Weaver) D. Adoption of Ordinance No. 018-10, Amending Port Orchard James Weaver Development Director Municipal Code 2.75 "Active Club Building" (Dorsey) Al Townsend E. Approval of Contract No. 055-1o, Authorizing the Mayor to Execute Police Chief Agreement with Long Painting Co. for the 2010 Water Tank Painting Mark Dorsey, P.E. at the Morton Street Standpipe (Dorsey) Public Works Director City Engineer F. Meeting with Initiating Parties Regarding Notice of Intent to Petition for McCormick East Annexation (Weaver) Contact us: 216 Prospect Street G. Confirmation of Mayoral Appointments to the Lodging Tax Advisory Port Orchard, WA 98366 Committee (Kirkpatrick) (36o) 876-4407 Please turn off cell phones during meeting ~ Please hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o-876-4407 August 24, 2010, Council Meeting Page 1 of 2 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT DIRECTORS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Finance Committee Tourism Committee Utilities Committee Sewer Advisory Committee (SAC) Public Property Committee Work Study Session Date & Time Location August 27, 2010 Myhre's 7:30 a.m. September 15, 2010 City Hall 5:30 p.m. September 10, 2010 Myhre's 7:30 a.m. August 25, 2010 S.K.W.R.F. 6:30 p.m. September 14, 2010 Myhre's 7:30 a.m. September 21, 2010 City Hall 7:00 p.m. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 Meetings are broadcast on BKAT — visit www.bkat.org for broadcast dates and times August 24, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard Council Meeting Minutes Regular Meeting of August lo, 2010 i. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Susan Whitford led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3. APPROVAL OF AGENDA Councilmember Colebank MOVED and Councilmember Olin seconded the motion to approve the Agenda. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to amend the Agenda to move Approval of the July 27, 2010, Council meeting minutes to Business Item; to add Presentation: 2010 Census Proud Partner; to remove Business Item 7C Public Event Application: Point Hope Barbeque; and a ten-minute Executive Session regarding Labor Relations. Upon vote, the motion to amend passed unanimously. Upon vote, the main motion as amended passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Approval of the July 20, 2010, Work Study Session Minutes G. Appfeval ef the ittly 27, 2010, Getineil Meeting Minutes D. Approval of Contract No. 053-1o, Authorizing the Mayor to Execute an Agreement for the School Resource Officer Program with South Kitsap School District E. Approval of Public Event Application: Murder Mystery Event Minutes of August 10, 2010 Page 2 of 8 Councilmember Childs MOVED and Councilmember Clauson seconded the motion to approve the Consent Agenda as amended. Upon vote, the motion passed unanimously. 5. PRESENTATION A. Proclamation: Women's Equality Day Mayor Coppola read the Proclamation into the record and presented to Ms. Susan Daniels who thanked the Council for their continued support. B. Kitsap Continuum of Care Coalition Terri Schroder provided a presentation regarding tent villages/cities within Kitsap County for the homeless population, noting the following: • Department of Social and Health Service statistics indicate that the number of homeless has increased dramatically of the years; • Continuum of Care Coalitions is a newly created network of Kitsap agencies that provide housing and services to low income and homeless persons/households; • Kitsap Community Recourse, Kitsap Health District and Kitsap County Rescue Mission are a few agencies that are a part of the network; • Substituted House Bill 1956 was in acted June 10, 2010, which allows religious organizations to host tent cities on their property; • Their goal is find sponsors to host two tent villages, one for adults only and one for families, prior to the 2010 winter season; • They are looking at the model created at Camp Quixote in Olympia, which has been successful; and • They are requesting Kitsap County and each City within Kitsap County to enact ordinances and determine a permitting process for sanctioned tent encampments by churches, non -profits, or property owners by August 31, 2010. C. Presentation: 2010 Census Proud Partner City Clerk Kirkpatrick presented a plaque to the Mayor and Council from the U.S. Census Bureau who thanked the City for their support of the 2010 Census. 6. PUBLIC HEARING A. First Reading and Public Hearing Regarding 2010 Sewer Rate Increase Minutes of August 10, 2010 Page 3 of 8 Public Works Dorsey presented the staff report, noting in response to the revenue loss associated with the 50% surcharge on properties located within the McCormick Urban Village annexation area, the City of Port Orchard City Council adopted Ordinance No. 021- 09 on August 25, 2009, thereby amending POMC 13.04.010 to include a rate increase for both water and sanitary sewer service. It was discussed that the loss of the 50% surcharge revenue would need to take priority over the Capital Improvement Program (CIP) sanitary sewer needs, which would be addressed in 201o. A $7.5o bimonthly rate increase was approved for sanitary sewer service, resulting in a new bimonthly rate from $72.00 to $79.50. Based upon the 2010 Proposed Sanitary Sewer Rate Increase Study presented by the Utility Committee at both the May 18, 2010 and the June 15, 2010 Council Work Study Session(s), and Public Meetings held on July 7, 2oio at City Hall and July 15, 2oio at McCormick Woods, a sanitary sewer rate increase of $18.5o bimonthly is proposed. The components associated with the proposed rate increase include Operating Shortfall, Capital Improvement Program, Treatment Plant Rate Increase and McCormick Woods STEP System Replacement. The proposed sanitary sewer rate increase will raise bimonthly rates from $79.50 to $98.00, or $49.00 monthly. Mayor Coppola opened the Public Hearing at 7:44 p.m. Elizabeth Cantrell spoke in opposition of the sewer rate increase, stating that this is a problem that needs to be paid by the residents of McCormick Woods and the the City as a whole. Chris Stansberry spoke in favor of the sewer rate increase, noting the rate increase would have occurred regardless of whether or not McCormick Woods was annexed into the City. Kim Abel clarified that further education of on which part of the sewer lines residents are responsible for and which part the City has a legal obligation to proved maintenance to would have answered many questions raised by citizens. There being no further testimony, Mayor Coppola closed the Public Hearing at 8:12 P.M. 7. BUSINESS ITEMS A. Approval of Contract No. ooi-go, Extension of Wave Cable Television Franchise Agreement and Side Letter Agreement Regarding Internet Service with Wave Division IV, LLC City Attorney Jacoby presented the staff report, noting in September 2006, the City Council approved a Cable Television Franchise Agreement with Wave Division IV, LLC (Wave). This is a non-exclusive franchise to provide cable television service within City limits (internet service is not subject to franchise agreements pursuant to federal law). The initial term of the Agreement was 4 years and it will expire on September 28, 2010. City staff, the Mayor, Minutes of August 10, 2010 Page 4 of 8 and Wave have negotiated an extension of the cable television franchise according to the following proposed terms: 1) the non-exclusive franchise will be extended ten years to September 28, 2020; 2) during the extended term, Wave will provide, without any charge to the City, access to a private virtual local area network point to point cable modem circuit between the Public Works shop and City Hall, which will result in a savings to the City of $27,000 during the to -year extension term; 3) in consideration for providing free internet service between the Public Works shop and City Hall, Wave is asking to the City to waive the $5,000 cable franchise extension fee; and 4) all other terms of the 2oo6 Agreement will remain in effect. Wave has requested that the parties' agreement regarding internet service between the Public Works Shop and City Hall be memorialized in a Side Letter Agreement so as to keep internet service issues separate from the Cable TV franchise agreement. After a brief discussion, Council directed the City Attorney to clarify what the "free" service would consist of; and invite a representative from Wave Broadband and the City's IT Manager, Vince Tucker, to attend the August 24th meeting to answer questions relating to future bandwidth needs. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to postpone the First Amendment to the Cable Television Franchise Agreement between the City of Port Orchard and Wave Division IV to the August 24, 2010, Council meeting. Upon vote, the motion passed unanimously. B. Approval of Contract No. 054-10, Authorizing the Mayor to Execute an Agreement for the 2010 Stormwater Pond Maintenance with Northwest Tree Service Public Works Director Dorsey presented the staff report, noting, on July 27, 2010, the City of Port Orchard Public Works Department selected five (5) contractors from the 2010 Small Works Roster and requested proposals from each company for 2010 Stormwater Pond Maintenance. The City requested that the contractor submit their bids as Schedule 1: Eagle Crest Subdivision Ponds and Schedule 2: Eagle Crest Subdivision Ditch Restoration. On August 3, the City received the following bids including tax: Schedule 1 Schedule 2 Combined Total Caseco Associates $24,010.00 $6,550.00 $30,56o.00 Northwest Tree Service $23,255.6o $3,840.10 $27,095.70 RV Associates No Bid Received Henderson Partners No Bid Received Sound Excavation, Inc. No Bid Received Upon review by Staff, it was determined that Northwest Tree Service was the lowest qualified bidder to complete the work for Schedule 1 and 2 for the Eagle Crest Subdivision out of the 2010 budget. Minutes of August 10, 2010 Page 5 of 8 Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Contract No. 054-10, with Northwest Tree Service in an amount not to exceed $27,095.70 for the 2010 Stormwater Pond Maintenance. Upon vote, the motion passed unanimously. C. Approval of Public Event Application: Point Hope Barbeque This item was withdrawn by the applicant and removed from the agenda. D. Approval of the July 27, 2010, Council Meeting Minutes Councilmember Powers MOVED and Councilmember Olin seconded the motion to approve the July 27, 2010, Council meeting minutes. Upon vote, the motion passed with five affirmative votes and two abstaining votes. Councilmember Childs and Clauson cast the abstaining votes. E. Discussion: Whether to Collectively Support Proposition No. i, Annexation into the Kitsap Regional Library District City Attorney Jacoby presented the staff report, noting currently, the City lies outside the boundaries of the Library District and receives library services pursuant to a memorandum of understanding. Under the present arrangement, should the Library District's voters decide to increase the tax levy rate, the citizens of Port Orchard would have no say in whether the increase is acceptable. On April 27, 2010, the Council adopted Ordinance No. 007-1o, requesting that the question of whether the City should be annexed into the Library District be placed on the August Primary election. Further, he noted that RCW 42.17.130 prohibits the City Council from promoting or supporting a ballot proposition unless 1) the Council takes action at an open public meeting for the purpose of expressing a collective decision or adopting a resolution or motion; 2) the notice of the meeting includes the title and number of the ballot proposition; and 3) an equal opportunity is provided for those expressing an opposing view. As directed by Council at its July 27, 2010, meeting and in compliance with the requirements of RCW 42.17.130, staff has added this discussion item to the agenda and has prepared a resolution for Council's consideration. Councilmembers Childs, Colebank and Powers voiced opposition of adopting the resolution, as they noted that the citizens should decide make this determination on their own. Councilmembers Putaansuu, Chang, Clauson voiced support of the resolution, noting it would let citizens know that the City supported its request to place the item on the ballot. Minutes of August lo, 2010 Page 6 of 8 Councilmember Clauson MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 028-1o, supporting Proposition No. i, Annexation to Library District on the August 17, 2010, ballot. Upon vote, the motion passed with four affirmative votes and three dissenting votes. Councilmember Powers, Childs, and Colebank cast the dissenting votes. 8. CITIZENS COMMENTS In the response to Jerry Harmon, Mayor Coppola directed staff to look into the City providing free composting bins and/or water barrels. 9. COMMITTEE REPORTS Councilmember Clauson reported he received the I -Pad and believes it will be beneficial to the City in reducing its cost to produce Council packets. Councilmember Olin reported that the Public Property met and discussed the Water Street pier, which has been restored; the City will be choosing the lights for the Tremont Boulevard median during the August 17, 2010, Work Study Session; and that staff was making good progress with repairs at the Clayton Park as well as the removal of the chain link fence at Paul Powers Park. Councilmember Putaansuu reported the Utilities Committee will meet on September lo, 2oio, at 7:30 a.m. at Myhre's. Councilmember Chang reported that the County and other local jurisdictions met to discuss Lodging Tax Funding and discussed the roles of area Chambers and the VCB and what they are doing for their communities and how they can work together. Councilmember Childs reported the Economic Development -Tourism Committee meeting will met on Wednesday, August 11, 201o, at 5:30 p.m. at City Hall. io. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the revenue sharing meeting the Kitsap County; • Met with City's collection agency for the courts regarding outstanding fines; • Spoke to summer school students on their study of our downtown; • Attended the Finance Committee meeting; • Met with representatives of the government relations firm; • Met with former Planning Commissioner Annette Stewart; • Attended the Housing Authority Board meeting; Minutes of August 10, 2010 Page 7 of 8 • Met with Raymond Thompson, Marie Jones, and Scott Bausch regarding upcoming Keeping Kitsap Connected event; • Interviewed Dona Keating regarding facilitating the KCCHA Board retreat; • Had lunch with Art Castel, who was the recipient of an auction certificate for "Lunch with the Mayor"; • Spoke at the South Kitsap Peewee's opening ceremony; • Met with the City Clerk and Public Works Director regarding their annual performance evaluation; • Reviewed and proposed updates to the County -wide Planning Policies; and • Attended The Cruz event. 11. REPORT OF DEPARTMENT DIRECTORS City Clerk Kirkpatrick noted the Mopar Kackle Fest changed their event date to August 17, 2010, as the original date was canceled due to inclement weather; and expressed to the Council the importance of records management for the City and encouraged the Council to consider this an important part of their 2011 goals and objectives. Development Director Weaver stated the planning and building department was working to scan all building permit records that dated back to the early 50's. Public Works Director Dorsey provided an update regarding the Tremont Widening Project noting that 31 of the 32 acquisitions are under negotiations and the construction review process is moving along; met with PSE regarding electric vehicle charging stations on Fredrick Avenue; and thanked the Daycare at 188o Warrant Street for working with the City in reducing the fencing, which had been diminishing the line of site to vehicular traffic in that area. 12. EXECUTIVE SESSION At 9:26 p.m. Mayor Coppola recessed the meeting for a ten-minute executive session regarding labor relations in accordance with RCW 42.30.110(1). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 9:36 p.m. Mayor reconvened Council back into regular session. 13. ADJOURNMENT At 9:36 p.m. Mayor Coppola adjourned the meeting. Minutes of August 10, 2010 Page 8 of 8 Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6A Subject: Vacating a 4-Lot Short Plat Named "Kenmore Court at McCormick Woods" Meeting Date: August 24, 2010 Prepared by: James Weaver, Development Director Atty Routing No: 093-10 Atty Review Date: August 18, 2010 Summary: On May 12, 2010, the Port Orchard Planning Department received a letter of request from the property owners for a vacation of the short plat Kenmore Court at McCormick Woods, recorded under Kitsap County recording number 2007091100170. The Kenmore Court short plat was approved by Kitsap County and recorded in 2007, prior to annexation of the area to the City of Port Orchard. Pursuant to RCW 58.17.212 regarding plat vacation process, upon application by the owners of a subdivision, a public hearing must be held prior to the approval or denial of a plat vacation request. This public hearing would be required for conformance with RCW 58.17.212 for a decision regarding a plat vacation application. Recommendation: Open the Public Hearing. Fiscal Impact: None Attachments: City Council Ordinance No. 017-10 KC Recording # 2007091100170: Kenmore Court at McCormick Woods Introduced by: Planning Director Requested by: Planning Director Drafted by: Planning Director Introduced: August 24, 2010 Adopted: ORDINANCE NO. 017-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING THE FINAL SHORT PLAT OF KENMORE COURT AT MCCORMICK WOODS, KITSAP COUNTY SHORT PLAT NUMBER 7297 KITSAP COUNTY RECORDING NUMBER 200 7091100t70 WHEREAS, the applicant, GEM 1, LLC and the McCormick Woods Owners Association, is the owner of real property described in Exhibit A, attached hereto and incorporated by this reference ("applicant's property"); and WHEREAS, the applicant's property was approved by Kitsap County for a short plat Number 7297 named "Kenmore Court at McCormick Woods," Kitsap County Recording Number 2007091100170, as described in Exhibit B, attached hereto and incorporated by this reference ("Kenmore Court at McCormick Woods Short Plat"); and WHEREAS, the applicant desires to vacate the Kenmore Court at McCormick Woods Short Plat; and WHEREAS, signatures have been provided of all real property owners having an ownership interest in the Kenmore Court at McCormick Woods Short Plat; and WHEREAS, the applicant has agreed to terminate or alter relevant covenants, if any, to accomplish the purpose of the vacation of the Kenmore Court at McCormick Woods Short Plat; and WHEREAS, no public street or road vacations are proposed as part of the vacation of the Kenmore Court at McCormick Woods Short Plat; and WHEREAS, the Council of the City of Port Orchard held a properly noticed public hearing on August 24th, 2olo and considered testimony; and WHEREAS, the Kenmore Court at McCormick Woods Short Plat remains subject to the underlying Kitsap County preliminary planned unit development approval and master plan approval No. 850926580; and WHEREAS, the City Council finds that the vacation of the Kenmore Court at McCormick Woods Short Plat is consistent with RCW 58.17.212; and Ordinance No. Page 2 of 2 WHEREAS, City Council finds that the vacation of the Kenmore Court at McCormick Woods Short Plat will benefit the public use and interest because it is intended to stimulate the local housing market by providing an opportunity to construct new homes that are marketable in today's economy; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. After consideration of the public testimony and the City staffs report, and based on the findings set forth above, the short plat of Kenmore Court at McCormick Woods, Kitsap County short plat number 7297, Kitsap County recording number 2007091100170, is hereby vacated. SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of August, 2010. ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, MAYOR Sponsored by: Fred Olin, Councilmember Exhibit A RECEIVED MAY 27 2010 SUBDIVISION GUARANTEE CITY OF PORT ORCHARD PLANNING DEPARTMENT EXHIBIT "A" Guarantee No.: 72030-80423673 LEGAL DESCRIPTION TRACT T, MCCORMICK WOODS SECOND AMENDMENT, ACCORDING TO THE PLAT RECORDED IN VOLUME 26 OF PLATS, PAGES 189 THROUGH 196, INCLUSIVE, BEING AN AMENDMENT OF VOLUME 25 OF PLATS, PAGES 34 THROUGH 41, INCLUSIVE AND VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, INCLUSIVE, ALL RECORDS OF KITSAP COUNTY, WASHINGTON; (ALSO KNOWN AS SHORT PLAT NO. 7297, RECORDED IN VOLUME 20 OF SHORT PLATS, PAGES 56 THROUGH 58, INCLUSIVE, UNDER AUDITOR'S FILE NO.200709110170). SUBDIVISION GUARANTEE (EXHIBIT "A") (Rev. 2/2/04) (E-235025. PFD/E-235025/8) SUBDIV 10-02 Exhibit B ox 2 e � a a p.. v�y) V olm e N f by �hb \ 'al a F I : OUT --- mq/Aq;&��! _ c o !! WjEll !; _ : ; pg1 y Own 1.�e rm.g - Ug\mA} \ 0: _ .No ƒ -- } \} - till 6 \ a \ . \ \ \ \ r _ pix 116 go go; / - - If \� }\ \g\}\} \M\}}( og - lQiT - 2 _ - - - _ > -�_ - - :l__ z:, !{ q \ d \_� __y-«\�_-_ via _ y� //) in 2OR W it a at a HIS ( -1.0 : d � � w; w / it :11» \_1 ��wd`\ -- _ oo-Wa - l \} -_ _ : _ -_ ---- ___:«} go! \/ }\\\\\\}J\\\\ /� as Ell NF in j H1 In is No log 21; go il Sm. As Elm OF Exhibit B LU Ow d'u Qz FW ®Og >° 011, zz 5 N a �o/ _� ivlasc�arvav°o�i°vzo +rs S00.e OM JIJ (WNOJ�w / o ' < c'o o _ ¢m-N r- •,i _ _ _ --�/ ,� 3 /C/ W~ �P,N 1 Y n Po F r y � / z ti/ � 4 e °� •'�9 EJF P y ti0a _ ���pot ze •a300 20p'>o \�\ %oC 5 god O i.� S��.rni oti¢ � N o2°SIR' E n Bier •`/s a0i° %.tee f m srv, tii , opF 3 F _ m' tl 4 c/v + C avI29 < P v / City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (360) 895-9029 Agenda Staff Re ort Agenda Item No. Business Item Subject: Approval of Contract No. oo1-go, Extension of Wave Cable Television Franchise Agreement and Side Letter Agreement Regarding Internet Service with Wave Division IV, LLC Meeting Date: August 24, 2010 Prepared by: Greg Jacoby City Attorney Atty Routing No: o15-10 Atty Review Date: August 18, 2010 Summary: In September 2oo6, the City Council approved a Cable Television Franchise Agreement with Wave Division IV, LLC (Wave). This is a non-exclusive franchise to provide cable television service within City limits (internet service is not subject to franchise agreements pursuant to federal law). The initial term of the Agreement was 4 years and it will expire on September 28, 2010. City staff, the Mayor, and Wave have negotiated an extension of the cable television franchise according to the following proposed terms: 1) the non-exclusive franchise will be extended ten years to September 28, 2020; 2) during the extended term, Wave will provide, without any charge to the City, access to a private virtual local area network point to point cable modem circuit between the Public Works shop and City Hall, which will result in a savings to the City of $27,000 during the 10-year extension term; 3) in consideration for providing free internet service between the Public Works shop and City Hall, Wave is asking to the City to waive the $5,000 cable franchise extension fee; and 4) all other terms of the 2oo6 Agreement shall remain in effect. Wave has requested that the parties' agreement regarding internet service between the Public Works Shop and City Hall be memorialized in a Side Letter Agreement so as to keep internet service issues separate from the Cable TV franchise agreement. Recommendation: Staff recommends that Council approve the terms and authorize the Mayor to execute the First Amendment to the Cable Television Franchise Agreement and the Side Letter Agreement. Motions for consideration: 1. I move to approve the terms of the First Amendment to the Cable Television Franchise Agreement between the City of Port Orchard and Wave Division IV and to authorize the Mayor to sign said Agreement. 2. I move to approve the terms of the Side Letter Agreement between the City and Wave Division IV regarding internet service and authorize the Mayor to sign said Letter Agreement. Fiscal Impact: No change is proposed to the franchise fee (5%) that is paid to the City. There will be a net savings to the City of $22,000 over the 10-year extension period as a result of the free internet service between City Hall and the Public Works Shop. Alternatives: 1) Take no action and let the franchise agreement expire by its terms in September; or 2) Propose additional or new terms of renewal and continue the negotiations. Attachments: First Amendment to the Cable Television Franchise Agreement Side Letter Agreement between Port Orchard and Wave FIRST AMENDMENT TO CONTRACT NO. 001-90 CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND WAVE DIVISION IV, LLC THIS FIRST AMENDMENT ("Amendment") is dated for reference purposes August 1, 2010, and is made by and between The City of Port Orchard, a Washington municipal corporation (the "City") and Wave Division IV, LLC, a Washington limited liability company ("Operator"), with respect to that certain Cable Television Franchise Agreement dated August 28, 2006 (the "Agreement"). RECITALS A. WHEREAS, the City and Operator entered into the Agreement concerning Operator's provision of cable services to the City. B. WHEREAS, the City and Operator desire to amend the Agreement as set forth below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Operator agree as follows: 1. Section 2.3 of the Agreement, entitled "Duration," shall be replaced in its entirety with the following: The term of this Franchise and all rights, privileges, obligations and restrictions pertaining thereto shall expire on September 28, 2020, unless terminated earlier as hereinafter provided. 2. Section 3.1 of the Agreement is hereby deleted in its entirety. For the elimination of doubt, no application fee or filing fee is due before or upon the execution of this Amendment. 3. Except as specifically amended herein, the terms and conditions of the Agreement remain in full force and effect. EXECUTED effective as of the date of the last signature below. THE CITY OF PORT ORCHARD By: Lary Coppola Its: Mayor Dated: ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk WAVE DIVISION IV, LLC Rn Its: Dated: FIRST AMENDMENT TO CABLE FRANCHISE AGREEMENT - I of I Via August 1, 2010 Mayor Lary Coppola City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: First Amendment to Cable Television Franchise Agreement (the "Amendment") between the City of Port Orchard (the "City") and Wave Division IV, LLC ("Wave") Dear Mayor Coppola: This letter agreement is to set forth certain commitments between Wave and the City that are additional to those set forth in the Cable Television Franchise Agreement between Wave and the City and the Amendment thereto. This letter agreement is separate and apart from the Amendment and the obligations of this letter agreement must be met regardless of any separate obligation in the Amendment. This letter agreement shall become effective only on the effective date of the Amendment. Wave will discontinue all billing for the private virtual local area network (VLAN) point-to-point cable modem circuit between 1535 Vivian Court, Port Orchard, Washington 98367 (City of Port Orchard Public Works shop) and 216 Prospect Street, Port Orchard, Washington 98366 (City of Port Orchard City Hall) for the duration of the Franchise. The terms and conditions of this letter agreement are binding on Wave and the City and their successors and assigns. Please sign as indicated below and return a copy of this letter agreement to the undersigned. WaveDivision IV, LLC M Acknowledged and agreed this August _, 2010 City of Port Orchard In Name: Lary Coppola Title: Mayor James A. Penney Executive Vice President City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Subject Adoption of Ordinance o16-10 Amending POMC Chapter 13.04.020 for 2010 Sanitary Sewer Rate Increase Meeting Date: August 24, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: Summarv: On August 10, 2010, the Port Orchard City Council held a Public Hearing for the proposed 2010 Sanitary Sewer Rate Increase. The proposed 2010 sanitary sewer rate increase addresses the system's Operating Shortfall, Capital Improvement Program (CIP), Treatment Plant Rate Increase and the McCormick Woods STEP System Replacement. As you will recall, on August 25, 20o9 a $7.5o bimonthly sanitary sewer rate increase was approved via Ordinance No. 021-09 to address the revenue loss associated with the 50% surcharge on properties located within the McCormick Urban Village. The result was a bimonthly rate increase from $72.00 to $79.50 for sanitary sewer service. As presented at both the May 18, 2010 and the June 15, 2010 Council Work Study Session(s), Public Meetings held on July 7, 2010 at City Hall and July 15, 2010 at McCormick Woods and the subsequent Public Hearing held on August 10, 2010, a sanitary sewer rate increase of $18.5o bimonthly is proposed. Again, the components associated with the proposed sanitary sewer rate increase include Operating Shortfall, Capital Improvement Program, Treatment Plant Rate Increase and McCormick Woods STEP System Replacement. The proposed sanitary sewer rate increase will raise bimonthly rates from $79.50 to $98.00 (or $49.00 monthly.) Recommendation: Staff recommends adoption of Ordinance No. o16-1o, thereby amending POMC Section 13.04.020. Motion for Consideration: I move to adopt Ordinance No. 016-1o, thereby amending Port Orchard Municipal Code Section 13.04.02o Bimonthly Sewer Rates. Alternatives: Fiscal Impact: Attachments: Ordinance No. o16-1o. Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: August 10, 2010 Adopted: August 24, 2oro ORDINANCE NO.o16a -io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.04 "WATER AND SEWERS" BY INCREASING THE SEWER RATES WHEREAS, in 2009, the City of Port Orchard increased water and sanitary sewer rates in connection with the annexation of the McCormick Urban Village given -to offset the loss of revenue associated with the fifty percent surcharge on properties served outside City limits, but deferred the necessary sanitary sewer rate increase associated with the Capital Improvement Program need to 2o1o; and WHEREAS, the City of Port Orchard prepared the 2010 Proposed Sanitary Sewer Increase Rate Study to identify the components associated with the proposed sanitary sewer rate increase, beinVincludine Operating Shortfall, Capital Improvement Program, Treatment Plant Rate Increase, and McCormick Woods STEP System Replacement; and WHEREAS, the 2010 Proposed Sanitary Sewer Rate Increase Study was discussed by the Port Orchard City Council at both the May 18, 2oio and the June 15, 2010 Council Work Study Sessions, as well as being presented to the public at large on July 7, 2oto at City Hall and July 15, 2010 at McCormick Woods; and WHEREAS, the City Council desires to keep sewer rates reasonable but must also balance the need to generate sufficient revenue to fund operations, maintenance, and future capital improvements; and WHEREAS, the City Council held a properly noticed public hearings on August lo, 2010 a--a�for the purpose of receiving public comment regarding the proposed rate increases; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. Effective Date. This ordinance shall be effective October r, 2010. Ordinance No. 016�-io Pace 2 of 11 Waterrates • re bill d .. a b:«.....abl. •. ehedul.. The water- calculated bimeffthly, are shown below! Size Serviee Bimonthly Rate of t» 23.50 t t /2"--26..5e P Y 11 fill $ 68.5e 8 $ 89-50 FATE t o to 3,eeo RATE 2 3„ee} to RATES 5��e FATE gallons 5,000 gallons gallons $18.5e $E4-50 Rate 2 plus $2.le/1,E)6E) Fate gal Rate 4 Se,eet RATE 5e,0ee gallons 2 plus a., 201. 0 Rate 3 plus gal. Rate 5 50,001 1ee,eee gallons 2 plus Rate 4 Plus 3 plus RATE 6 Rate Rates tee,eei 15e,000 gallons 2 plus Fete ¢-plus Rate 5 RATE, in Rate elteess e€ t5e,eeegallens 2 Rate plus Rate3 pies 4 Plus (3) Fire Hydrant Service. $2.50/1,060 gal Ordinance No. oi¢A*-io Page i of ii WIWI- RAM SECTION 42. Port Orchard Municipal Code 13.04.020 is hereby amendedto read as follows: 13.04.02o Bimonthly sewer rates. (1) Sewer rates are billed on a bimonthly schedule. The sewer rates, as calculated bimonthly, are shown as follows: Description Class Single-family residences t Mobile home on single parcel 1 Business 2 Ordinance No. 016—*-io Paze a of 11 Professional 2 Churches g Hotels, motels 4 Rest homes, care centers 4 Kitsap County jail 4 Apartments 5 Mobile home parks 5 Schools 6 Kitsap County courthouse (main 7 complex) Restaurants 8 Laundromats 9 Taverns 10 Car dealerships 11 Post office 12 Grocery stores 13 Bowling alley 14 Boat marina 14 Health maintenance organizations 14 Work release and juvenile facilities 14 Kitsap County public works building 14 Car washes 15 Beauty shops and barbershops 16 Day care 17 Gas stations 18 Assisted living units 19 Bed and breakfasts 20 ,(a)Bimonthly --- ----------- _ _ -------------------------- ."" Formatted: Font: Not Bold ------------------------------- $98.00 Class 1 -- Formatted: Font: Not Bold Class 2 $98.0o for each business with a fixture. $19.90 for each business, with an employee present, without a fixture. $98.0o for each floor of an office building or retail complex that has a public or community bathroom. Class 2 shall be subject to the following surcharge, based on store/office interior size: Category Size of Store/Office Surcharge Ordinance No. o16**-io Page s of it Small Less than 15,000 sf None Medium 15,000 to 30,000 sf $98.00 Large More than 30,000 sf $196.00 Class 3 $98.00 for the church, plus* $98.00 for the rectory, plus* $98.0o for the annex. *Class 6 for educational parochial schools. Class 4 Base fee of $98.0o plus $19.90 per unit. Class 5 $98.0o per dwelling unit. Class 6 $3.00 for each pupil, teacher, maintenance and administrative person. Class 7 $3,822.00 Class 8 Based on the seating capacity as determined by the building official, Description Seating Capacity Rate Espresso Bar Not Applicable $98.00 Deli 0 $147.00 Small 1 to 50 $294.00 Medium 51 to 150 $441.00 Large More than 150 $586.53 The classification of espresso bar includes similar food preparation businesses which do not require the cooking of food or the maintenance of kitchen equipment. Class 9 Base fee of $49.00 plus $19.90 per washing machine. Laundromats with less than four washing machines are considered Class 2. Dry cleaners without washing machines are Class 2. Class in $245-31 Classir$98.00 for sales and administrative office, plus $98.00 for service department, plus $98.0o for car washing when the water is used to determine cost sharing for the sewer treatment plant. Class 12 $343.00 Class 13 Basic fee of $49.00 plus the following surcharges: Description Basic Store Bakery Wetted -Down Produce Food Disposal Meat Cutting Area Ordinance No. o16***-lo Paee 6 of ii Surcharge $49.00 $49.00 $98.00 $98.00 $r96.00 Class r4 Basic fee of $49.00 plus $49.00 for each equivalent residential unit (ERU) as determined for the cost -sharing formula for the sewer treatment plant. Class 15 Basic fee of $49.00 plus $147.00 per car washing bay. Class 16 $98.00 Class 17 Basic fee of $196.00 plus the following surcharges: Description Surcharge Less than 5 children -0- 6 to 25 children $98.00 More than 25 children Class 6 rates Class 18 $98.0o for gasoline retail, which could include service bay. $98.0o for nonautomotive retail. Class 19 Base fee of $98.0o plus $98.0o per unit with private kitchen; $19.90 per unit without private kitchen, or studio apartment Class 20 Base fee of $98.0o plus $7.95 per rentable bedroom Special Notes: (a) Home occupations will not be charged additional sewer fees. (b) For a combination of classes in one business, the highest rate will be selected. (c) In the event that an established rate class does not accurately reflect the impact on the sewer system, the city engineer may determine the specific nxx thlyiate. (d) Water accounts which serve a marine pier and do not have a connection to the sewer shall not be charged a sewer bill. A sewer bill will be charged and based on winter consumption if the water meter serves both the marina pier and anyfacilityorpump station that is connected to the sewer system. For billing purposes, live-aboardswill notbe considered as a dwelling unit. (e) Properties served which are outside the city limits shall have a 50 percent surcharge on the monthly rates. Ordinance No. o16jL*-io Page 7 of u Y. MGharge 4,'^^ J/Y $9:505 1g $23,953 J Ordinance No. o16�-io Paee 8 of u Ordinance No. oLW-io Page o of u Ordinance No. o16�-io Paee to of u ON W-; ... . ... . ......... . ........ -.00-5,500W - SECTION 6n. Savings Clause. Those sections of Port Orchard Municipal Code Chapter 13.04 that are amended by this ordinance shall remain in full force and effect until the effective date of this ordinance. SECTION 74. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION Os. After posting and publication, this ordinance shall be in full force and effect on the date set forth above in Section 1. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 2ggth day of August 2010e9. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Ordinance No. oi6*—**-io Paee ri of ii APPROVED AS TO FORM: Sponsored by: Gregory A. Jacoby, City Attorney Rob Putaansuu, Councilmember Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: August 10, 2010 Adopted: August 24, 2010 ORDINANCE NO.o16-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.04 "WATER AND SEWERS" BY INCREASING THE SEWER RATES WHEREAS, in 2009, the City of Port Orchard increased water and sanitary sewer rates in connection with the annexation of the McCormick Urban Village to offset the loss of revenue associated with the fifty percent surcharge on properties served outside City limits, but deferred the necessary sanitary sewer rate increase associated with the Capital Improvement Program need to 201o; and WHEREAS, the City of Port Orchard prepared the 2010 Proposed Sanitary Sewer Increase Rate Study to identify the components associated with the proposed sanitary sewer rate increase, including Operating Shortfall, Capital Improvement Program, Treatment Plant Rate Increase, and McCormick Woods STEP System Replacement; and WHEREAS, the 2010 Proposed Sanitary Sewer Rate Increase Study was discussed by the Port Orchard City Council at both the May 18, 2010 and the June 15, 2010 Council Work Study Sessions, as well as being presented to the public at large on July 7, 20io at City Hall and July 15, 2olo at McCormick Woods; and WHEREAS, the City Council desires to keep sewer rates reasonable but must also balance the need to generate sufficient revenue to fund operations, maintenance, and future capital improvements; and WHEREAS, the City Council held a properly noticed public hearing on August 1o, 2010 for the purpose of receiving public comment regarding the proposed rate increases; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Effective Date. This ordinance shall be effective October 1, 2010. Ordinance No. o16-10 Page 2 of 6 SECTION 2. Port Orchard Municipal Code 13.04.020 is hereby amended to read as follows: 13.04.02o Bimonthly sewer rates. (1) Sewer rates are billed on a bimonthly schedule. The sewer rates, as calculated bimonthly, are shown as follows: Description Class Single-family residences 1 Mobile home on single parcel 1 Business 2 Professional 2 Churches 3 Hotels, motels 4 Rest homes, care centers 4 Kitsap County jail 4 Apartments 5 Mobile home parks 5 Schools 6 Kitsap County courthouse (main 7 complex) Restaurants 8 Laundromats 9 Taverns 10 Car dealerships 11 Post office 12 Grocery stores 13 Bowling alley 14 Boat marina 14 Health maintenance organizations 14 Work release and juvenile facilities 14 Kitsap County public works building 14 Car washes 15 Beauty shops and barber shops 16 Day care 17 Gas stations 18 Assisted living units 19 Bed and breakfasts 20 (2) Bimonthly Rates. Class 1 $98.00 Ordinance No. o16-io Page 3 of 6 Class 2 $98.00 for each business with a fixture. $19.90 for each business, with an employee present, without a fixture. $98.00 for each floor of an office building or retail complex that has a public or community bathroom. Class 2 shall be subject to the following surcharge, based on store/office interior size: Category Size of Store/Office Surcharge Small Less than 15,000 sf None Medium 15,000 to 30,000 sf $98.00 Large More than 30,000 sf $i96.00 Class 3 $98.00 for the church, plus* $98.00 for the rectory, plus* $98.00 for the annex. *Class 6 for educational parochial schools. Class 4 Base fee of $98.00 plus $19.90 per unit. Class 5 $98.00 per dwelling unit. Class 6 $3.00 for each pupil, teacher, maintenance and administrative person. Class 7 $3,822.00 Class Basedon the seating capacityas determined by the building official. Description Seating Capacity Rate Espresso Bar Not Applicable $98.00 Deli 0 $147.00 Small 1 to 50 $294.00 Medium 51 to 150 $441.00 Large More than 150 $586.53 The classification of espresso bar includes similar food preparation businesses which do not require the cooking of food or the maintenance of kitchen equipment. Class 9 Base fee of $49.00 plus $19.90 per washing machine. Ordinance No. 016-10 Page 4 of 6 Laundromats with less than four washing machines are considered Class 2. Dry cleaners without washing machines are Class 2. Class to $245.31 Class 11 $98.0o for sales and administrative office, plus $98.0o for service department, plus $98.0o for car washing when the water is used to determine cost sharing for the sewer treatment plant. Class 12 $343.00 Class 13 Basic fee of $49.00 plus the following surcharges: Description Surcharge Basic Store $49.00 Bakery $49.00 Wetted -Down Produce $98.00 Food Disposal $98.00 Meat Cutting Area $t96.00 Class 14 Basic fee of $49.00 plus $49.00 for each equivalent residential unit (ERU) as determined for the cost -sharing formula for the sewer treatment plant. Class 15 Basic fee of $49.00 plus $147.00 per car washing bay. Class 16 $98.00 Class 17 Basic fee of $196.0o plus the following surcharges: Description Surcharge Less than 5 children -0- 6 to 25 children $98.00 More than 25 children Class 6 rates Class 18 $98.0o for gasoline retail, which could include service bay. $98.0o for nonautomotive retail. Class 19 Base fee of $98.0o plus $98.0o per unit with private kitchen; $19.90 per unit without private kitchen, or studio apartment Class 20 Base fee of $98.0o plus $7.95 per rentable bedroom Special Notes: Ordinance No.o16-lo Pages of 6 (a) Home occupations will not be charged additional sewer fees. (b) For a combination of classes in one business, the highest rate will be selected. (c) In the event that an established rate class does not accurately reflect the impact on the sewer system, the city engineer may determine the specific monthly rate. (d) Water accounts which serve a marine pier and do not have a connection to the sewer shall not be charged a sewer bill. A sewer bill will be charged and based on winter consumption if the water meter serves both the marina pier and any facility or pump station that is connected to the sewer system. For billing purposes, live-aboards will not be considered as a dwelling unit. (e) Properties served which are outside the city limits shall have a 50 percent surcharge on the monthly rates. SECTION 1. Savings Clause. Those sections of Port Orchard Municipal Code Chapter 13.04 that are amended by this ordinance shall remain in full force and effect until the effective date of this ordinance. SECTION a. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION .P;. After posting and publication, this ordinance shall be in full force and effect on the date set forth above in Section 1. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of August 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Ordinance No. o16-io Page 6 of 6 Sponsored by: Rob Putaansuu, Councilmember E ai O 00 N O M NCD ER 'CT co (D coM �i c� i Ln 69 N M i O N 69 • O N Ci O co co (0 V O Cn N N OM V CM V V 0) Oo ID m 0 O ji, n O CO A� Q. co CO co 0 c (O V IM O CO Ol Ef) co E9 N EeH i i 6R N N C a)E D E ' X W o N rnC E O p LO C � ^ , W> L L a) w Q O F- 'r7 ` a ti. d L L c L 10 L) a) O a �) 0 9¢ 0 Od o • N 00 MICT h O 00 O co O N Cn L a' CO O N{ Cl) V N C(V CDi 69 i N O 00 co�- � O -e � N V 04 c- W V N Zo N M N N N 69 CN O N co L 1�2 two M CDN d- '�Y (MO MLO eq N M Cl)N69 6 � 69 i 69 (N 0) N C n E fn u, 0) > Q 3 N LU rn N O 3 U) O\ O u' c E -aU) Ui X " 3 N E O � 0) C w 16 0) O a o O C 0CL Lo •0 a) a 0 V fT '4A L6 m a z • (M O00 ti N ' COO,V 0 vi� (n N O d In (D N [I- O A, N � coWq AN N 60 O rn s L rn r 00 o II co c ^, a w u �V w 0 w -C O C c, O C Y D) (D r_ M L CO E \T/ > W c X O a) I. N i i U U (O W 0 3 3 ¢ o Q- o rn N U)U)U)o Lo -- z O 64 eo 42 m a m .N � Q � U O O O U 69 6 Q u m N V co a) ao O U O r- Q3 (3) M L O 69 �a X p a(13 Q) co ZZ a o c co m C a) m a) L'O E� E o� mo � Q N a> L ................. . 0 0 0 0 0 0 0 0 0 o c o 0 0 o 0 0 0 0 0 o O O _O N 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 N � O N 00 N Nw O N ^ ^ MJ (V O O 6 p O 6 p O W d Y W S 7 F `m ¢ N h ✓1 - U N U w �. cB N En E U 4-1 cy CU N U co C a) O O O 00 Ef} c O a) L C LL O O O O m N N c 0) c cB L O CO O N N 6} Ir-} II II � U W U-)O M O I. M ~ co O CC� N_ 6,C} (;a C E N T- M 2 7 Ek \ kƒ / E E Q- tea) $k� k0 k ��� ° ��\ /�2 /_ /�0� cod° (D 0 E a � / CO .. § / / f R o (D k k� / c@ 2 0m o c o .§ m m m�U � E / / >1/ k e \CA \ /£- _ Q- '- 4 U •s / ■ @ 2 f 2 % E: /En2 0 §� o k § qCD E / a) 0 J cu 2 2 #� 0 Q- Q E � 7 2 E? ƒ @ 2> 2 y E a //E���E k ��k.�§§ co o a)Q— E % \E\§/-o§ ƒ /\§/2� n E c a Q 2 2 # ƒ[ g c) 0 E �.�.� E ■ F @ >% Ef � 2ƒ�� � §k )�0c5@ E- ° E -C2 CLo o �•� @ c o [ $ o § - 12 � E - o Q-0�� E/ �� �5e� @a \ ° E cu 0 C: / 0 � - � k 0 5 .o�L-�/-o§ R$ a�2%2® a@J _2g �@gJ@ 72§o EEo §/) §-1w/// ()c/ f a -1�-jf-0fZ)o - - - - - - - - - - - - IV I ` 0 t 0 O N E X Q (n OD O O N O 0 ~ Lo N II M o cc) !n II .0 0 W c 0 > o E 'It O M N N � LO � C!J .1. .1. .1. c r c � 'O 00 o M >+ Oif O M �M40(Y) L(i 0 O IlV)ou> D Efi L L N s U1V)N�0 11 619, N U V W II 0) o O N ram- N +�+ c O oM E >•N c O E InNO CQ M a. 4) 'I' C C IaDo •I• .. M 0 E(o L c O � N ti �— O U) W O E O CU N to Lo y .0 V II , rn QE Z u L 0 O rn N o O•ND W cnw t� cO E V 0 0 0 C II C CLO O co 69. 6 o E II M 0 LO 0 Q C + •I• LO y O o o I + x IT0ODUo OHO N C'7 i000M o 0 LO i G! O0 O Il EREfl0 . . 70 . N co &AC6-, . . C0 fiKi . . +' Q . . ERe" . . co . // 27 _a) // k0 /0 �\ /\ \\ \ ® S £/ N § E E� & Mf 2 � \ ( CL � C a) a) >� \ »e © 2� _ tO)o k� « > /$G�§ aco o #L /o a)(§ ¥ t' § 0 �/ R� 4 E 7r,—u)< = o« m //2\/�/.%2 n= C E2 0- c®R�%\I® eemo\\ f �§ � >C \\/oa Qu)///S%22 m'- §%Gi #° M a » cL cL.� �o! E, i a) ' �/ ES(§R \2222x00+ 2002� + 5mE±±0SE�\®$� ='==""ice eo=ooI@®__e__ C14/\� � $ k k El q ± \ � _ \ k k CL \ f \ § / ° 0 } E 2 cc � «j E o_ a O= � \ 4.1 § E \o 2� J \ k \/ co.$§ \ao\ cE+, REo+ (D Lo F— 6q s 0 0 s t cl r Cl w 3 0 3 0 , w 3 y 3 0 DZ �Z 0 0, M LO o �- � LO a0 00 M � 0 o0 00 rt I� � to h � 0)1� M � t� dLr). � �(A CO � N tn P').-ARV ER Ef> Cf} EA 60fR ER ER E!) vi to 69 ER Y C N E a) U f6 Q N ry E E N O OL aL) `' cu m V^ V� U NQN a U U W Woa s= aO CU) N cU) O 4) E "O �m 0. C -0Y cu w .H O Y '� O �' Y 4k-C O> O�j O O c6 N O> O�,tn O c N y(n OY a- yU) t QY O �a M E Y N O ip c a ^C, W O L C O L W C cu i a) N Q 0 U O L ai � O U H O L N O_ (0 U N U +' O_ Q m U � L U Q0U2 . . . . UHF . . . . . Q002 . . . . . . . . . . . c 0 O V I -A a 2 O U F— I.L I.L W W U) O Q O L Q LO O co N LO N 0 0 O m O� O N O O 00 Or-� M 6 O O 00 0 LO LO 00 0 LO Iq 60- 60- (Al U> EiT Ef} ffl Ef} d CO 7 C1 m U _4 N R U 2 U 2 U 2 U = m o rn ICT rn O L'M O t cn O -� o u0i m u0i m u0i m u0i m o Q Cfl C0 I- N qT N O O LO N O N O O .4 r.,: r-� Ln O (7) LL cn c'7 K-} C7 6q N (a LO Ef} M 6q c0 64 LO eA Iq Efl O +� V om p) L O O) m C� O Q � Y O o m O - 0 D 3 L L2 o LL CO cn O L Q N NO 0) O 9;T O V LL L b Z C r N A 6�i N O O O o O O O O 6 O O N O 0 0 O 0 O 0 O O 0 0 4l z m D - 2 O G v A r D / f � 3 m z -1 T n T � v v a � � O m y O N � � O N O d m Q M PROJECTED ADDITIONAL COSTS FOR WASTEWATER TREATMENT The current ERU cost is $19. This does not include the $300,000 paid from GFC funds. This equates to a total ERU cost of $21.50. The Capital Facility Plan indicated a total ERU cost of $21.50 for 2011. However, that reflected inflation that did not occur. Removing the labor inflation of for 5% since 2009, the savings is $0.25/ERU. The 2011 recommended ERU is adjusted to cost $21.25. The Plan also specifically recommends-.$0.75 per ERU to be allocated to the Equipment Replacement Fund.'. The major variables for the cost of an ERU include (1) we are not funding the Equipment Replacement Fund; (2) some costs of operation are higher than anticipated; and (3) the actual growth is 95% of the projected growth for 2011. As stated previously, there are projects that should not continue to be postponed. Some of these include the following: PROJECT COST Cost per COMMENT ERU/Month Replace the glass wall $150,000 $1.25 The metal grid has corroded beyond repair in places and the wall is not adequately insulted. Repair and stabilize $25,000 $0.2.1 The road has to be re -constructed and approach road sloe slope stabilized. Replace primary clarifier $60,000 $0.50 These are original flow controls components Modify the solids tank $75,000 $0.61 This increases the ability to produce and process methane and to process septage as a revenue source. Digester modifications $270,000 $2.25 Improve the ability to produce Class biosolids The 2011 budget has not yet beendraftedfor City District review. The concerns that need to be addressed are: 1. The need to fund depreciation in the Equipment Replacement Fund. This fund is dropping and is not being replenished. It could be gone in less than 3 years. 2. The need to fund the structural damaged areas of the road and wall. We were not able to get grants, loans or stimulus money for these repairs, but they have to be addressed. 3. Decisions about the future of funding for grant -funded reclaimed water and PSE-funded energy savings. We have to be able to match these grants or cancel the projects. The SAC needs to decide if it is going to purchase the MBR assemblies in 2012 at the discounted price. If so, that will cost $500,000 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: August 24, 2010 Subject: Adoption of Ordinance No. o17-1o, Prepared by: James Weaver, Vacating a 4-Lot Short Plat Named Development Director "Kenmore Court at McCormick Atty Routing No: 093-10 Woods" Atty Review Date: August 18, 2010 Summary: On May 12, 2010, the Port Orchard Planning Department received a letter of request from the property owners for a vacation of the short plat Kenmore Court at McCormick Woods, recorded under Kitsap County recording number 200709110017o. The Kenmore Court short plat was approved by Kitsap County and recorded in 2007, prior to annexation of the area to the City of Port Orchard. Pursuant to RCW 58.17.212 regarding plat vacation process, upon application by the owners of a subdivision, a public hearing must be held prior to the approval or denial of a plat vacation request. A public hearing was held on August 24, 2010 in conformance with RCW 58.17.212 for a decision regarding a plat vacation application. Recommendation: Approve Ordinance No. 017-10 vacating a four lot short plat named Kenmore Court at McCormick Woods. Motion for consideration: I move to adopt Ordinance No. 017-10, vacating a 4-10t short plat named "Kenmore Court at McCormick Woods". Fiscal Impact: None Attachments: City Council Ordinance No. 017-10 KC Recording # 2007091100170: Kenmore Court at McCormick Woods Letter from Applicants dated May 12, 2010 Letter from Applicant's Representative dated May 11, 2010 Introduced by: Planning Director Requested by: Planning Director Drafted by: Planning Director Introduced: August 24, 2010 Adopted: ORDINANCE NO. 017-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING THE FINAL SHORT PLAT OF KENMORE COURT AT MCCORMICK WOODS, KITSAP COUNTY SHORT PLAT NUMBER 7297 KITSAP COUNTY RECORDING NUMBER 2007091100170 WHEREAS, the applicant, GEM 1, LLC and the McCormick Woods Owners Association, is the owner of real property described in Exhibit A, attached hereto and incorporated by this reference ("applicant's property"); and WHEREAS, the applicant's property was approved by Kitsap County for a short plat Number 7297 named "Kenmore Court at McCormick Woods," Kitsap County Recording Number 2007091100170, as described in Exhibit B, attached hereto and incorporated by this reference ("Kenmore Court at McCormick Woods Short Plat"); and WHEREAS, the applicant desires to vacate the Kenmore Court at McCormick Woods Short Plat; and WHEREAS, signatures have been provided of all real property owners having an ownership interest in the Kenmore Court at McCormick Woods Short Plat; and WHEREAS, the applicant has agreed to terminate or alter relevant covenants, if any, to accomplish the purpose of the vacation of the Kenmore Court at McCormick Woods Short Plat; and WHEREAS, no public street or road vacations are proposed as part of the vacation of the Kenmore Court at McCormick Woods Short Plat; and WHEREAS, the Council of the City of Port Orchard held a properly noticed public hearing on August 24th, 2010 and considered testimony; and WHEREAS, the Kenmore Court at McCormick Woods Short Plat remains subject to the underlying Kitsap County preliminary planned unit development approval and master plan approval No. 85092658o; and WHEREAS, the City Council finds that the vacation of the Kenmore Court at McCormick Woods Short Plat is consistent with RCW 58.17.212; and Ordinance No. 017-10 Page 2 of 6 WHEREAS, City Council finds that the vacation of the Kenmore Court at McCormick Woods Short Plat will benefit the public use and interest because it is intended to stimulate the local housing market by providing an opportunity to construct new homes that are marketable in today's economy; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. After consideration of the public testimony and the City staffs report, and based on the findings set forth above, the short plat of Kenmore Court at McCormick Woods, Kitsap County short plat number 7297, Kitsap County recording number 2007091100170, is hereby vacated. SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of August, 2010. IVu Tx.Y19 Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, MAYOR Sponsored by: Fred Olin, Councilmember Exhibit A Ordinance No. 017-10 Page 3 of 6 RECEIVED MAY 272010 SUBDIVISION GUARANTEE CITY OF PORT ORCHARD PLANNING DEPARTMENT EXHIBIT "A" Guarantee No.: 72030-80423673 LEGAL DESCRIPTION TRACT T, MCCORMICK WOODS SECOND AMENDMENT, ACCORDING TO THE PLAT RECORDED IN VOLUME 26 OF PLATS, PAGES 189 THROUGH 196, INCLUSIVE, BEING AN AMENDMENT OF VOLUME 25 OF PLATS, PAGES 34 THROUGH 41, INCLUSIVE AND VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, INCLUSIVE, ALL RECORDS OF KITSAP COUNTY, WASHINGTON; (ALSO KNOWN AS SHORT PLAT NO. 7297, RECORDED IN VOLUME 20 OF SHORT PLATS, PAGES 56 THROUGH 58, INCLUSIVE, UNDER AUDITOR'S FILE NO. 200709110170). SUBDIVISION GUARANTEE (EXHIBIT "A") (Rev. 2/2104) (E-235025.PPD/E-235025/8) SUBDIV 10-02 r.xnibit B Ordinance No. 017-10 Page q of 6 a �O_ ~ O 30 o � r ®Qm o I s 4� T O a s Exhibit B Ordinance No. 017-10 Page 5 of 6 �g (�q /��g N/ l/ _ ®®o �V) �o ow z. >� - - oIz S to ihh _ NG• VF f 9 zW 42 WN N j } p C' S i� d{ i qqY amzo moo zt oo oodao -_ Exhibit B Ordinance No. 017-10 Page 6 of 6 € oON LU cnUm �' aZ ~o' �Og- z --------------- 0x �a m N o Y q / /y£�/ �S Bea nj e�ga°_rvi�rvoJ3s $OOOM- J � c v / -98 3 '�3 F d s F360� v / 2 m ,p •3 E 03 3 O / Epe�3 ado m�.0�' wP o x z / U W W 3"'b EKKN / � 92E �.\F pyd o00 J"oh pN oP 3 03 3 /'FEi : �y0oy v u ¢33 z dZ s m v g A N62°5f2'E m rt� \ ti�� 265�.23 E 029i ( O( O pie 'Oti Ev 50°5) Es S.F 66 ° �re41� / /6d/80 3Lsn�w 6�.o dLxiio50 May 12, 2010 City of Port Orchard Atten: City Council 216 Prospect Street Port Orchard, WA 98367 Dear City Council; GEM LLC and the McCormick Woods Owners Association hereby request a vacation of the short plat of Kenmore Court at McCormick Woods recorded under Kitsap County recording No. 2007091100170. Their reasons for the request are: (1) GEM 1 originally short platted the lots several years ago when market conditions indicated there was a significant demand for larger, more expensive lots. The plat created four +/- .75 acre lots. (2) As the result of the current recession and collapse in the housing market, especially for high end homes, the anticipated demand for the large lots in the Kenmore short plat has not materialized. (3) No significant improvement in high end of the housing market is foreseeable in the near future. (4) There is a reasonable expectation that there will be demand for smaller, less expensive lots in this part of South Kitsap County in the near term. (5) As a result, GEM 1 wishes to replat the lots in order to convert them to a size and price range that is marketable in the near term. This vacation is in effort to stimulate the local housing market by providing an opportunity to construct new homes that are marketable in today's economy, rather than leaving the property in a dormant and unproductive condition indefinitely. GEM 1 proposes to replat the property using the same road alignments and utility configuration, and has agreed, in advance, that the conditions of approval that were imposed on the Kenmore Court Short Plat to address such impacts as the need for open space, storm water controls and so forth are acceptable for the re- 4978 S.W. Lake Flora Road • Port Orchard, WA 98367 .1-877-895-0331 • mccormickwoods.com plat so that there is no concern that the replat is an effort to avoid compliance with environmental protection standards or rules regarding infrastructure requirements. Sincerely, `', ✓ 4In� � a w4S GEM1 LLC McCormick Woods Owners Association ................. JohnsMonroe 1V itsunagaKolouskova Robot D. Johns > Michael P. Monroe • Darrell S. Mitsunaga • Duana'I'. Kolot0kovn Mr. Doug Slcrobut GEM 1, LLC 4978 SW bake Plora Road May 11, 2010 Port Orchard, WA 98366 Re: McCormick Woods Vacation of Kenmore Short Plat Application and Process Issues Dear Mr. Skrobut You have requested an outline of the procedures and standards for vacating an existing short plat located in the City ol'Poit Orchard known as the Kenmore Short Plat, which was approved by Kitsap County prior to the annexation of this area. The short plat is recorded under Kitsap County recording No. 2007091 100170. This short plat is a small part of the McCormick Woods development. I understand that GEM 1 wishes to vacate the short plat and re -plat the same area with a different lot configuration. This letter will outline the required process for vacating a short plat. To make sure that I understand the existing situation, I should list the important facts: • The Kcmuore Short Plat was approved and recorded in 2007. • Since the short plat was recorded, GEM 1 bas improved the private street that was approved as part of the short plat and installed the associated utilities and other general facility improvements. • The private street is currently owned and maintained by the McCormick Woods Association. • No homes have been built and no lots have been sold by GEM 1. • The existing lots were designed and platted based on market conditions several years ago when larger lots were in demand. Since that time, the market for this type of lot has all but vanished and, instead, there is a demand for smaller, less expensive lots and homes. • The proposed replalling ol'the lots would utilize the same road configuration that exists in the current short plat. T: (426) 461-2812 • F: (425) 451-2818 1601 114th Ave. SE • Suite 110 • Bellovue, WA 98004 GEM 1 anticipates that the conditions of approval for the re -platting of the area would include the same conditions and restrictions that applied to the short plat (i.e., provision ofopen space, storm drainage facilities, utilities). Based on these assumptions, there is a relatively straight forward way to accomplish your objectives: As a threshold matter, 1 should indicate that the vacating of recorded plats is expressly permitted by state law, although very fewjtu'isdictions have a formal written ordinance on the subject, simply because requests to do so are rare. In any case, RCW 58.17,212 governs the vacation of a plat and it is not necessary to have an adopted local process ordinance because the procedures are set by the state law. Some portions of the statute do not apply to your situation because homes have not been constructed or lots sold, so I will limit this discussion to the parts of the statute that arc relevant to the Kenmore Short Plat. Application Process: RCW 58.17.212 identifies the process for applying for a plat vacation as follows: Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the legislative authority of the city, town, or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. In short, you need to submit a letter to the City of Port Orchard City Council, with a copy to the staff at DCD, formally requesting vacation of the Kenmore Short Plat. (The reason for the letter is that the City does not have a "form" for this purpose.) `fhe statute does not require anything be included in the letter other than die following: The names and signatures of the owner(s) of property, which in your case are GEM 1, LLC and the McCormick Woods Association. In order to facilitate processing, I suggest you include a "consent,, from the McCormick Woods Association indicating the Association is a co -applicant and authorizing GEM 1, 1.1.C' to act as its agent for purposes of processing the application. That will relieve the Association from the need to further participate in the vacation process because their only interest is in the private road, which will be re-created in [lie rc-plat process after tlhe vacation process is completed. • A statement of the reason for the vacation. RCW 58.17.212 does not create any particular requirements for the conlcnl of portion of the application .- it simply needs to be an explanation of the reasons GEM I wants to vacate the sort plat and re -divide the property. I suggest that you simply state, in the application letter, that (1) GEN 1 originally short platted the lots several years ago when market conditions indicated there was a significant demand for larger, more expensive lots, (2) as the result of the current recession and collapse in the housing market, especially for high end homes, the anticipated demand for the large lots in the Kenmore short plat has not materialized, (3) no significant improvement in either the credit market or the housing sales market is foreseeable in the near future, (4) there is a reasonable expectation that there will be demand for smaller, less expensive lots in this part of South Kitsap County in the near term, and (5) as a result, GEM 1 wishes to replat the lots in order to carved them to a size and price range that is marketable in the near term. Since RCW 58,17.212 requires the City Council to ultimately conclude that the plat vacation serves the public use and interest, it is important to emphasize that this is, at the end of the day, an effort to stimulate the local housing market by providing an opportunity to construct new homes that are marketable in today's economy, rather than leaving the property in a dormant and unproductive condition indefinitely. I do think it would be appropriate and prudent to confirm, in the application letter, that GEM 1 anticipates replatting the property using the same road alignments and Utility configuration, and agrees, in advance, that the conditions of approval that were imposed on the Kenmore Short Plat to address such impacts as the need for open space, storm water controls and so forth are acceptable for the re -plat so that there is no concern that the replat is an effort to avoid compliance with environmental protection standards or rules regarding infrastructure requirements. Procedure for Processine Plat Vacation Application, RCW 58.17.212 also establishes the process for review of an application to vacate a plat: The legislative authority of the city, town, or county shall give notice as provided in RCW 58.17.080 and 58.17.090 and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. Mere also various provisions in both RCW ch. 36.70I3 and the Port Orchard Municipal Code that apply. The following is a compilation of the requirements of these various SOU) ces of authority: • A pre -application conference is required. PMC 16.06.040. It is not necessary to submit an environmental checklist or comply with SI3PA for the short plat vacation application since it does not involve any activity which would qualify as an "action" under WAC 197-11-704 subject to the SEPA process. (Note: a checklist is required for the re -platting per PMC 14.04.090, so one should be submitted with that application.) Following submission of the vacation application, the City staff will need to follow the routine process for acceptance of an application and issuance of a Notice of Complete Application. See RCW 36,7013.1 10, PMC: 16.04.050 and .060. Following receipt of the application and review by the City staff, notice of a hearing before the City Council regarding the road vacation must be issued. 'rhis is the same notice procedure required for a preliminary plat, which requires notice to certain government agencies per RCW 58.17.080 and mailed notice to neighboring property owners per RCW 58.17.090 and PMC 16.06.060. 1 acknowledge that having an initial hearing before the Council instead of the Hearing rixaminer may be regarded as somewhat unusual, but for reasons lost in legislative history, the authority to vacate plats and roads has always required a hearing by the legislative body instead of allowing a hearing by a hearing examiner. • Assuming that the City Council decides to the short plat vacation, a short resolution of the Council will need to be adopted which recites the fact that all of' the owners of the property have applied for the vacation, that the public use and interest will be served by the vacation of the plat, and approves the vacation. Following adoption of the City Council vacation of the short plat, you are then free to complete the replotting following standard City processes for plat approval. If there are additional questions or if an explanation of one or more of the points in the letter is necessary, I would be happy to assist. Sincerely, 1U46IJ--k Robert D. Jo s Direct Tel: (425) 467-9960 Grrrcril: johns(i)jmm�lcnr.conr 716-1 letter re vacalion process.for short plan 051110 RCW 58.17.212 Vacation of subdivision — Procedure. Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the legislative authority of the city, town, or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof. When the vacation application is specifically for a county road or city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under *RCW 35.79,030, and vacations of roads may not be made that are prohibited under RCW 36.87.130. The legislative authority of the city, town, or county shall give notice as provided in RCW 58.17.080 and 58.17.090 and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the legislative authority shall set forth findings that the public use would not be served in retaining title to those lands. Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision. This section shall not be construed as applying to the vacation of any plat of state -granted tide or shore lands. [1987 c 354 § 3.] Notes: *Reviser's note: After amendment by 1987 c 228 § 1, RCW 35.79.030 no longer prohibited vacations of streets. Limitations on vacations of streets abutting bodies of water are now found in RCW 35,79.035. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7D Meeting Date: August 24, 2010 Subject: Adoption of Ordinance No. o-1o, Prepared by: Mark R. Dorsey, P.E. Amending POMC Chapter 2.75 "Active Club Building" Atty Routing No Public Works Director NA Atty Review Date: NA Summary: The Active Club Building was donated to the City of Port Orchard in 1959 by the Port Orchard Active Club. The building was donated with the understanding that it would be used for youth activities free of charge. Currently, the building is being used by a wide variety of groups, including but not limited to youth groups, senior groups, AA, NA and others. On March 23, 2010, the City Council adopted Ordinance No. 004-10, thereby repealing Resolution No. 025-08 and creating a new Chapter 2.75 "Active Club Building" to the Port Orchard Municipal Code. POMC 2.75.010 establishes fees and rules for Active Club use, including POMC 2.75.010(13) whereby "No animals are allowed except for certified service dogs being used for assistance." Upon request by the Olympic Bird Fanciers at the July 2010 Work Study Session, the City Council agreed to amend the City Code and allow animals back into the Active Club, subject to the following conditions: 1. Olympic Bird Fanciers must provide a petition that is signed by ALL users of the Active Club building that they have NO objections to animals being allowed into the building; and 2. Once the above condition is met, City Staff would revise the Code to allow animals back into the Active Club building on the condition that animal organizations/groups will be on a "first strike you are out" basis if a complaint is filed by another group and verified by the City Public Works Department. Upon adoption of Ordinance No. 018-10, Port Orchard Municipal Code Section 2.75.010(13) will be amended to conditionally allow animals back into the Active Club building. Recommendation: Staff concurs with the City Council's recommendations. Motion for consideration: I move to adopt Ordinance No. o18-1o, amending Port Orchard Municipal Code Section 2.75.010(13) to conditionally allow animals back into the Active Club building. Fiscal Impact: None. Alternatives: Not approve Ordinance No. o18-1o. Attachments: Ordinance No. o18-1o. Introduced by: Requested by: Drafted by: Reviewed by: Introduced: Adopted: ORDINANCE NO. m8-10 Public Works Director Public Works Director Public Works Director City Attorney August 24, 2010 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 2.75 "ACTIVE CLUB BUILDING" WHEREAS, the Port Orchard Active Club did, in approximately 1959, donate to the City of Port Orchard, the building located at 1027 Tacoma Avenue, known as, the Youth Activity Club Building, with the stipulation that the facilities be available to youth groups of the community at no charge; and WHEREAS, the City of Port Orchard owns and maintains the Port Orchard Active Club Building for use by youth, non-profit groups and private citizens; and WHEREAS, there is a community need to provide services and meeting places for youth, non-profit groups and private groups with animals; and WHEREAS, on March 23, 2010 the City Council adopted Ordinance No. 004-10, thereby repealing Resolution No. 025-08; and establishing Fees and Rules for the Active Club; and adding a new Chapter 2.75 "Active Club Building" to the Port Orchard Municipal Code;and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such policies; and WHEREAS, the groups that currently use the Active Club do not object to allowing groups with animals to use the Active Club; and WHEREAS, the groups with animals understand that their continued ability to use the Active Club will be governed by a "first strike, you're out" policy; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 2.75.010 is hereby amended as follows: Ordinance No.o18-10 Page 2 of 4 2.75.oio Active Club Building facilities use policy. (1) Rooms available for use are: (a) Room i, which accommodates up to 100 people; (b) Room 2, which accommodates up to 50 people; and (c) Room 3, which accommodates up to 20 people. (2) The following groups shall be charged the room rental fee set forth in subsection (3) below. (a) Youth groups, including but not limited to, Boys and Girls Scouts, Campfire Girls, Cub Scouts, youth sports leagues, and 4-11; (b) Senior groups, which must consist of 51% or more of the group being 55 years of age or older; and (c) All other groups. (3) Rental fee(s) shall set as follows: (a) Youth groups — Free of charge; (b) Senior groups — 50% discount of regularly charged fees; (c) All other regularly scheduled groups - $4 per hour in 2010 and then $8 per hour in 2oii and thereafter; (d) All other one-time users - $25 for up to 4 hours; and $50 for more than 4 hours and up to 8 hours; and (e) A cleaning deposit of $75, which shall be refunded to all one-time users upon staff verification that the facility has been cleaned. If the facility is not cleaned after a one-time use, the user forfeits their deposit in its entirety. (4) A completed application must accompany all building use requests and must be submitted to the Port Orchard Public Works Office prior to the event date. Applicable fees and/or deposits must be made at time of application. (5) Cancellation of reservations must be made five (5) working days prior to scheduled date of use. Failure to do so forfeits the rental fee and/or deposit. (6) User groups who use the facility on a regular basis (i.e. daily, weekly, monthly) must reapply annually. Facility reservations will be valid from January to December. (7) The organization and/or the person in charge of the organization shall notify City staff of any changes pertaining to the current contract(s) or scheduling. A new application may be required at the time of such changes. (8) Active Club Building keys must be picked up at the Public Works Office prior to use and returned immediately after usage. Users scheduled for weekday evenings must pick up key(s) prior to 4:30 PM on the day of use. Weekend users must pick up key(s) prior to Friday at 4:30 p.m. Ordinance No.o18-io Page 3 of 4 (9) If a regular user group fails to pick up key(s) to the facility for three consecutively scheduled dates, without notifying the Public Works Office, the reservation will be canceled and the deposit will be forfeited. (io) No group or user is authorized to retain keys for the building or any individual room. Keys shall not be duplicated. There is a drop box located at the Prospect Street entrance where keys may be returned after hours. (ii) Adequate supervision and/or chaperons must be provided by the applicant. (12) No alcoholic beverages are allowed on City property (POMC 9.26.1oo). assee. Youth groups, non-profit groups, and citizen groups are allowed to bring their animals to the Active Club Building as part of their meetings. The following conditions will apply to all groups who bring animals to the Active Club Building: (a) Animal groups shall clean up after their pets and ensure the room is clean of all feathers and/or animal feces prior to leaving the facility; (b) Any complaints received regarding animal groups shall be investigated by the Public Works Director and/or his/her designee; and (c) Upon a finding that a group has failed to clean up after its animal(s), the group shall be barred from bringing its animals to the Active Club building facility. (14) Cooking or food preparation is not allowed in the Active Club Building. Re -heating of previously prepared items is allowed. Users are required to clean all dishes, the sink, countertops, stove, and microwave areas. Failure to keep kitchen area clean may cause group privileges to be revoked and the deposit forfeited. (15) There is no smoking within 25 feet of Active Club Building entrances (POMC 9.44.070). (16) Meetings are to end, no exceptions, as follows: a. Monday through Thursday: io:oo p.m. b. Friday through Sunday: ii:oo p.m. SECTION a. This ordinance shall be in full force and effect five (5) days after posting and publication as required bylaw. A summary of this Ordinance maybe published in lieu of the entire ordinance, as authorized by State Law. SECTION =. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. Ordinance No.oi8-io Page 4 of 4 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this loth day of August 2010. ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Fred Olin, Councilmember Introduced by: Requested by: Drafted by: Reviewed by: Introduced: Adopted: ORDINANCE NO. o**-io Public Works Director Public Works Director Public Works Director City Attorney August 24, 2010 August 24, 2010 ,AN _ORDINANCE_O_F_THE CITY OF PORT_ORC_AA l- •„- Formatted: Font: 12pt WASHINGTON; AMENDING PORT ORCHARD MUNICIPAL _ _ _ _ _ _ _ Formatted: Indent: Left: V, Right: 1" CODE in^�CHARTER 2.75 ACTIVE CLUB BUILDING_ _ _ _ _ _ _ _ _ _ _ _ _ ` - Formatted: Front:12 pt WHEREAS the Port Orchard Active Club did, in a roldmatel 1 Formatted: Font: 12 pt PP Y 959, donate to the City of Port Orchard, the building located at 1027 Tacoma Avenue, known as, the Youth Activity Club Building, with the stipulation that the facilities be available to youth groups of the community at no charge; and WHEREAS, the City of Port Orchard owns and maintains the Port Orchard Active Club Building for use by youth, non-profit groups and private citizens; and WHEREAS, there is a community need to provide services and meeting places for youth, non-profit groups and private groups with animals; and WHEREAS, on March 23, 2010 the City Council adopted Ordinance No. oo4-1o, thereby repealing Resolution No. 025-o8; and establishing Fees and Rules for the Active Club; and adding a new Chapter 2.75 "Active Club Building" to the Port Orchard Municipal Code; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such policies; and WHEREAS the groups that currently use the Active Club do not object to allowing groups with animals to use the Active Club: and WHEREAS the groups with animals understand that their continued ability to use the Active Club will be governed by a "first strike you're out" policy: now, therefore, THE CITY COUNCIL OF THE CTFY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION i. Port Orchard Municipal Code Section 2.75.010 is hereby amended as follows: Ordinance No.o**-lo Page 2 of 4 2.75.010 Active Club Building facilities use policy. (1) Rooms available for use are: (a) Room 1, which accommodates up to Ioo people; (b) Room 2, which accommodates up to 50 people; and (c) Room 3, which accommodates up to 20 people. (2) The following groups shall be charged the room rental fee set forth in subsection (3) below. (a) Youth groups, including but not limited to, Boys and Girls Scouts, Campfire Girls, Cub Scouts, youth sports leagues, and 4-11; (b) Senior groups, which must consist of 51% or more of the group being 55 years of age or older; and (c) All other groups. (3) Rental fee(s) shall set as follows: (a) Youth groups — Free of charge; (b) Senior groups — 5o% discount of regularly charged fees; (c) All other regularly scheduled groups - $4 per hour in 2010 and then $8 per hour in 2011 and thereafter; (d) All other one-time users - $25 for up to 4 hours; and $50 for more than 4 hours and up to 8 hours; and (e) A cleaning deposit of $75, which shall be refunded to all one-time users upon staff verification that the facility has been cleaned. If the facility is not cleaned after a one-time use, the user forfeits their deposit in its entirety. (4) Acompleted application must accompanyall building use requests and must be submitted to the Port Orchard Public Works Office prior to the event date. Applicable fees and/or deposits must be made at time of application. (5) Cancellation of reservations mustbe made five (5) working days prior to scheduled date of use. Failure to do so forfeits the rental fee and/or deposit. (6) User groups who use the facility on a regular basis (i.e. daily, weekly, monthly) must reapply annually. Facility reservations will be valid from January to December. (7) The organization and/or the person in charge of the organization shall notify City staff of any changes pertaining to the current contract(s) or scheduling. A new application may be required at the time of such changes. (8) Active Club Building keys must be picked up at the Public Works Office prior to use and returned immediately after usage. Users scheduled for weekday evenings must pick up key(s) prior to 4:30 PM on the day of use. Weekend users must pick up key(s) prior to Friday at 4:30 p.m. (9) If a regular user group fails to pick up key(s) to the facility for three Ordinance No.o**-io Page 3 of 4 consecutively scheduled dates, without notifying the Public Works Office, the reservation will be canceled and the deposit will be forfeited. (io) No group or user is authorized to retain keys for the building or any individual room. Keys shall not be duplicated. There is a drop box located at the Prospect Street entrance where keys maybe returned after hours. (11) Adequate supervision and/or chaperons must be provided by the applicant. (12) No alcwholicbeveragesare allowed onCityproperty(POMC9.26.too). assistariee. Youth groups, non-profit groups, and citizen groups are allowed to bring their animals to the Active Club Building as part of their meetings fer pufpeses of training, elinies, ete. The following conditions will apply to all groups who bring animals to the Active Club Building: _. i� (13,4(a]_Animal groups wi}l shall cleanup after their pets and ensure the room is left --clean of all feathers and/or animal feces prior to leaving the facility; (e)(b)_Any complaints received regarding animal groups shall be investigated bythe Public Works Director and/or his/her designee; and (d)LcLUpon a finding that a group has failed to clean up after theieits animal(s) the group shall bebarred from bringing their -its animals to the Active Club building facility. (14) Cooking or food preparation is not allowed in theActive Club Building. Re -heating of previously prepared items is allowed. Users are required to clean all dishes, the sink, countertops, stove, and microwave areas. Failure to keep kitchen area clean may cause group privileges to be revoked and the deposit forfeited. (15) There is no smoking within 25 feet of Active Club Building entrances (POMC 9.44.070). (16) Meetings are to end, no exceptions, as follows: a. Monday through Thursday: lo:oo p.m. b. Friday through Sunday: ii:oo p.m. SECTION 4. This ordinance shall be in full force and effect five (5) days after posting and publication as requiredby law. A summary of this Ordinance maybe published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 23Fd-loth day of Maeeh August 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Sponsored by: Gregory A. Jacoby, City Attorney Ordinance No.o**-ro Page 4 of 4 Fred Olin, Councilmember City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7E Subject Approval of Contract No. 055-10, Authorizing the Mayor to Execute Agreement with Long Painting Co. For the 2010 Water Tank Painting At the Morton Street Standpipe Meeting Date: August 24, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: NA Atty Review Date: NA Summary: On August 6, 2010 the City of Port Orchard Public Works Department issued a Request for Proposal's (RFP's) to five (5) companies listed on the 2010 Public Works Small Works Roster. On August 11, 2olo a mandatory Pre -Bid Meeting was held at the Morton Street Tank site. On August 17, 2010 four (4) bids were received prior to the 1:oo pm deadline. A summary of the proposals received are as follows: Long Painting Company Thomas Steenmeyer Co., Inc. WA Industrial Coatings, Inc. Coatings Unlimited, Inc. $29,752.00 (includes sales tax) $37,467.00 (includes sales tax) $37,821.88 (includes sales tax) $51,585.00 (includes sales tax) All parties listed above have active contractor licenses and cleared the Excluded Parties List System (ELPS). Staff has determined that Long Painting Company is the lowest qualified bidder. Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with Long Painting Company for the 2010 Water Tank Painting at the Morton Street Standpipe in the amount of $29,752, with the contract term beginning August 25, 2olo and ending December 31, 2010. Motion for consideration: I move to approve Contract No. 055-io, authorizing the Mayor to execute an agreement with Long Painting Company for the 2010 Water Tank Painting at the Morton Street Standpipe in an amount not to exceed $29,752, with the contract term beginning August 25, 20ro and ending December 31, 2010. Fiscal Impact: The 2010 Budget allocated $50,000, for this activity, leaving $20,248, (less $3,777.11 for Saxon & Associates Testing, Specification & Construction Administration services = $16,470.89.) Alternatives: None Attachments: Morton Street Standpipe Contract Long Painting Company Proposal dated 8/17/2010 City's Purchase Order No. o65-10 (Saxon & Associates) and CITY OF PORT ORCHARD SMALL WORKS CONSTRUCTION CONTRACT THIS Agreement is made effective as of the 24th day of Ate, 2010, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029 Long Painting Company 21414 68`h Ave. S. Kent, WA 98032 Contact: Michael Cassidy Tax Id No. 91-0856060 for the following Project: ("CONTRACTOR") Phone:253.234.8050 Fax: 253.234.0034 2010 painting of the Morton Street Standpipe (see specifications attached); and The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2000 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions. c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement, e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f; and City of Port Orchard and Long Painting Co. Small Works Contract Page 1 of 14 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be August 25, 2010. The Contractor shall substantially complete the Work not later than December 31, 2010, subject to adjustment by change order. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction contract sum is the base bid amount of $29,752.00 (sales tax included). The construction contract sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and prevailing wage rates to be paid. The Contractor agrees to furnish insurance of the types and the amounts set forth in the Construction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. City of Port Orchard and Long Painting Co. Small Works Contract Page 2 of 14 IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR Lary Coppola, Mayor By: Its: ATTEST: Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney City of Port Orchard and Long Painting Co. Small Works Contract Page 3 of 14 CERTIFICATE AS TO CORPORATE PRINCIPAL I, (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as Contractor in the Agreement attached hereto; that , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of ) County of ) , (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is (Corporate Title) of (Name of Corporation) Subscribed and sworn to before me this day of 20 Notary Public (Signature) Notary Public (Print) My commission expires City of Port Orchard and Long Painting Co. Small Works Contract Page 4 of 14 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2000 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this contract, and they are by reference made an integral part of these specifications and contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the contract documents, at City of Port Orchard and Long Painting Co. Small Works Contract Page 5 of 14 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Contractor shall furnish and maintain all insurance as required herein (or by attachment) and comply with all limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. Any exclusions must be pre- approved by the City. Work under this contract shall not commence until evidence of all required insurance and bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in the State of Washington. The insurance policy or policies will not be canceled, materially changed or altered without forty five (45) days prior notice submitted to the City. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance and any insurance or self-insurance carried by the City shall be excess and not contributory insurance to that provided by the contractor. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below, all coverage $1,000,000.00 per occurrence with no deductible. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability with limits of $1,000,000.00 per occurrence and at least $2,000,000.00 in the annual aggregate, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the City of Port Orchard, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)." PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business Automobile Liability with limits of $1,000,000.00 combined single limit. WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the Contractor's assurance that coverage is in effect. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Certificate of Insurance, meeting the requirements set forth above, has been provided to the City. Upon request, the Contractor shall forward to the City the original policy, or endorsement obtained, to the Contractor's policy currently in force. City of Port Orchard and Long Painting Co. Small Works Contract Page 8 of 14 FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the contract shall be considered a material breach of contract and cause for immediate termination of the contract at the City's discretion. Alternatively the City may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due to the Contractor under this contract. City of Port Orchard and Long Painting Co. Small Works Contract Page 9 of 14 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE (CONTRACTS UNDER $35,000 ONLY Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. The Contractor elects to: (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, fifty percent (50%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature, Date Bond No. City of Port Orchard and Long Painting Co. Small Works Contract Page 10 of 14 CITY OF PORT ORCHARD PERFORMANCE BOND Know all men by these presents: That whereas the City of Port Orchard, State of Washington has awarded to (Contractor) hereinafter designated as the "Principal' a contract for the construction of the project designated , Project No. Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and (Surety), a corporation, organized and existing under and by virtue of the laws of the State of , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: Dollars Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract, which shall develop or be discovered within one (1) year after the final acceptance of such work, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect; provided that the liability hereunder for defects in materials and workmanship for a period of one (1) year after the acceptance of the works shall not exceed the sum of: Dollars ($ ) Total Contract Amount And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its City of Port Orchard and Long Painting Co. Small Works Contract Page I I of 14 obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five per cent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this day of 20 Principal By Signature Printed Title ATTEST: (if corporation) Surety By Signature Printed Title Name and Address of local office/agent of Surety Company is: By Title Approved As To Form: City Attorney City of Port Orchard and Long Painting Co. Small Works Contract Page 12 of 14 CITY OF PORT ORCHARD PAYMENT BOND Know all men by these presents: That whereas the City of Port Orchard (City or Owner), State of Washington has awarded to (Contractor) hereinafter designated as the 'Principal" a contract for the construction of the project designated , Project No. Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and (Surety), a corporation, organized and existing under and by virtue of the laws of the State of , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the penal sum of: Dollars ($ ) Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with the Owner, dated the of a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and coke; repairs on machinery, equipment, and tools consumed or used in connection with the construction of such work; and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. By: Witness as to Surety Attorney -in -Fact Address Address NOTE: Date of Bond must not be prior to date of Contract, If Contractor is Partnership, all Partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. City of Port Orchard and Long Painting Co. Small Works Contract Page 13 of 14 DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE Note: This form must be submitted at the time the Contractor executes the contract. Contractor shall designate the option desired by checking the appropriate space. Monies reserved under provisions of RCW 60.28, at the option of the Contractor, shall be: (1) Retained in a fund by the Owner. (2) Deposited by the Owner in an interest -bearing account in a bank, mutual savings bank or savings and loan association. (3) Placed in escrow with a bank or trust company by the Owner.* When the monies reserved are to be placed in escrow, the Owner will issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the Owner and the bonds and securities held in escrow. The Contractor in choosing option (2) or (3) agrees to assume full responsibility to pay all costs which may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities. Contractor Signature Date "For the convenience of those Contractors choosing option (3) a City approved Form of Escrow Agreement is available upon request. The Contractor is not required to use this Escrow Agreement form, however, alternative forms will need to be approved prior to execution by the City. City of Port Orchard and Long Painting Co. Small Works Contract Page 14 of 14 PROPOSAL Contractor: Long Painting Company City: Kent Washington Date; August V 2010 Mark Dorsey, P.E., Public Works Director/City Engineer City of Port Orchard Public Works Department 216 Prospect Street Port Orchard, WA 98366 Pursuant to and in compliance with your invitation for bids and all other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract, the cost of the work at the place where the work is to be done, proposes and agrees to perform, within the time stipulated, the contract, if this project is accepted, including all its component parts and everything requited to be nerformed, and to provide and furnish any and all supervision, labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract, complete, in a workmanlike manner, of all the work covered by the contract in connection with the City of Port Orchard Public Works' project, designated as Morton Street Reservoir stand pipe all as required by and in strict conformance with the specifications, contract plans and the standard plans for the following unit prices. Note: Unit prices of all items, all extensions and total amount of bid must be shown. Show unit prices in both wotds and figures and, where conflict occurs, the written or typed words prevail. Page 3 of 19 Z'd y000b6a6G2 OWIiWIud 9WO-1 Wubb:oI Oloa LI gnu Page 4 of19 6'd bE00bcecsa OWI1WIHd OWOj Wdbb:Ol oTo2 LI 2nu AU bidders shall sign the proposal in the space provided Dated this 17 day of August Contractor Long Painting Company 2010. Attest: (If Corp fs /7 0 Witness: (If Individual or Partnership) Acknowledgement of Receipt of Addenda: No. #1 Date August 11 2010 No. Date Initials �— Page 5 of 19 y'd bE004Eacsa ONIINIud 9WO-1 WHbb:oi OTo2 LT 2nu City of Port Orchard 216 Prospect Street E Port Orchard, WA 98366 (360)876-4407` I Ii �i Saxon and Associates, Inc. Po Box 553 Puyallup, WA 98371 Bill To: Attn: Accounts Payable City Of Port Orchard 216 Prospect Street Port Orchard, WA 98366 P.O. No. 065-10 Date: August 2, 2010 Ship To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 D] Phipps Public Works Department City Clerk or Authorized Representative Signature ne«ri..ti.... Ilnit Price Total Morton Street Tank Painting Take 3 paint samples for lead testing $492.00 $492.00 Review, add/delete items, make changes and assemble painting $500.00 $500.00 Specifications for bidding Attend and assist with pre -bid conference $343.00 $343.00 Attend and assist with pre -work conference $343.00 $343.00 Provide up to 6 inspections including a final inspection $1800.00 $1800.00 THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION Subtotal Tax (8.6%) Est. Freight shipping Bal Due $3478.00 $299.11 $0 $0 $3777.11 Saxon and Associates, Inc. PO Box 553 Puyallup, WA 98371 BILL TO City of Port Orchard Donna Phipps 216 Prospect St. Port Orchard, WA 98366 DESCRIPTION Your PO # Donna Morton St. Tank Painting:'fake 3 paint samples for lead testing Review, add/delete items, make changes and assemble painting specifications for bidding. Attend and assist with pre -bid conference. Attend and assist with pre -work conference. Provide up to 6 inspections including a final Inspection. P. 206-919-7006 1 P. 253.845-9995 TERMS Nut 30 Total Invoice DATE INVOICE# 7/2R/2010 3171 OUR FILE NO. AMOUNT 492.00 500.00 343.00 343.00 1,800.00 $3,478.00 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 717 Meeting Date: August 24, 2010 Subject: Meeting with Initiating Parties Prepared by: James R. Weaver, Regarding Notice of Intent to Development Director Petition for McCormick East Atty Routing No: Annexation Atty Review Date: Summarv: A Notice of Intent to Petition for Annexation was received on August 05, 2010, to annex two parcels totaling approximately 1o9.88 acres. The parcels are located west of Glenwood Road SW, and north and south of McCormick Woods Drive SW, in portions of Section 10 and Section 15, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. The parcels have a County Comprehensive Plan designation of Urban Low -Density Residential with zoning of Urban Low Residential. The property is currently classified as 88o-Forest Land. RCW Ch. 84.33 provides that land of twenty or more contiguous acres primarily devoted to and used for growing and harvesting timber may be assessed, for purposes of property tax collection, based on the current use of the land. In Kitsap County, forest land assessed values are substantially reduced for the program and average about $125 per acre. This accounts for the low total valuation of the proposed annexation. The classification may be removed at any time by the applicant, and a compensating tax imposed, upon the owner's request, a change of use, or the sale or transfer of property when the new owner does not wish to continue the forest tax classification program. These two parcels comprise a portion of the unincorporated Urban Growth Area located to the east of the McCormick Woods annexation area, south of the Walden-Tanner-Lingerfeldt Annexation area (annexed August 13, 2007) and the Washburn-Grant-Crother Annexation area (annexed May 09, 2009). There are ten additional unincorporated parcels in this general UGA area. One parcel houses the South Kitsap Fire & Rescue District 7 Substation at McCormick Woods Drive SW and Glenwood Road SW. One is a small wedge-shaped undeveloped parcel fronting on Glenwood Road SW. One parcel straddles Glenwood Road SW, with the undeveloped portion to the west in the UGA. The remaining seven parcels are developed for single family residential use. These additional ten parcels were included in McCormick East annexation area as proposed by the 2009 Planning Department map delineating future areas of annexation. The area of all twelve parcels effectively includes annexation of the entire UGA in this area. The Notice of Intent provided by the applicant leaves the Fire District parcel as an island, disconnected from the other nine remaining parcels in the area, necessitating two separate annexation processes if the City were to incorporate the remainder of the UGA into the City. Additionally, the boundary as proposed may not meet the logical boundary objective of the Boundary Review Board (RCW.36.93.18o) or by Kitsap County. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By accepting a notice of intent to annex, the Council is not committing itself to annex if/when a sufficient petition is presented to it. The decision to accept merely allows the annexation to go forward procedurally and allows a petition to be circulated. Recommendation: Staff recommends that the Council geographically modify the proposed McCormick East annexation to include the parcels depicted on the McCormick East Annexation Alternative Map (including parcels 102301-3-oo8-2002, 102301-3-009-2001, 102301-3-016- 2002, 102301-3-017-2001, 102301-3-o18-2000, 102301-3-019-2009, 102301-3-021-2005, 102301-4-057-2000, 152301-1-016-2001, 152301-1-01'J-2000, 152301-2-012-2003, and 152301- 2-013-2002). Motion for consideration: I move to allow the applicant to submit a revised Notice of Intent which geographically modifies the proposed McCormick East annexation to include the twelve parcels as listed in the staff report and identified on the McCormick East Annexation Alternative Map. Alternatives: Allow circulation of the annexation petition as proposed, geographically modify the proposed annexation, or reject the annexation. Attachments: Notice of Intent to Petition for Annexation Legal Descriptions and Map provided by Applicant in the Notice of Intent Valuation certification McCormick East Annexation Alternative Map with recommended area List of parcels within the recommended McCormick East Annexation area NOTICE OF INTENT TO PETITION FOR ANNEXATION TO THE CITY OF PORT ORCIIARD Proposed Annexation Name NICCUlAA - Pile Total Assessed Valuation of Proposed Annexation $ aI cmo 'total Assessed Valuation Represented by Signatures $ lb(.Ao Percent of Assessed Valuation Represented by Signatures ( IW %) The Honorable Mayor and City Council: We, the undersigned, being the owners ol'not less than ten percent (10%) in value, according to the assessed valuation of general taxation of the property described in Exhibit A attached hereto, lying contiguous to the City ot'Port Orchard, Washington, do hereby advise the City Council of the City of Port Orchard that it is our intention to commence annexation proceedings under the provisions of RCW 35.13.130 through 35.13.160, so that the territory described in Exhibit A can be annexed to and made a part of the City of Port Orchard. It is requested that the City COntleil of the City of Port Orchard set a date, not later than sixty days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has been prepared and tiled for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to be annexed. WARNING Every person who signs this petition with any other than his or her true Dante, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when be or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Printed Name: ()AM 5�' �✓T Signature: i�aln TIZr✓1 t, t Property Address/Location: (All tAWilp Mae Date: fax ParcelNumber(s): lo�3o1-3--Wd-awl i I)�?el-3�c(3..�w3 Plnnninp Form 001 Not ica of hncnl to Petition lb, Anncsalion Application 1ltm 08'09, LEGAL DESCRIPTION THE SOUTHWEST QUARTER OF THE SOU'1'HWES'T QUARTER, SECTION 10, TOWNSIIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; >>>EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR MCCORMICK WOODS DRIVE SW UNDER AUDITOR'S FILE NO.200610090200, RECORDS OF KITSAP COUNTY, WASHINGTON. Together with THE EAST HALF OF THE NORTHWEST QUARTER LYING WESTERLY OF GLENWOOD ROAD AND TIIE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 15, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. >>>EXCEPT FOR THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE I EAST, W.M., KITSAP COUNTY, WASHINGTON, AS CONVEYED UNDER AUDITOR'S FILE NO. 200011090231, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF GLENWOOD ROAD S.W. WITH S.W. DEPOT COURT, ACCORDING TO THE PLAT OF GLENWOOD STATION DIVISION 3 RECORDED IN VOLUME 26 OF PLATS, PAGE 209, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID CENTERLINE INTERSECTION BEING DOCUMENTED WITH A 2 DIAMETER BRASS DISK SET IN THE ROAD SURFACE; THENCE NORTH 67*04'35 WEST 30.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY MARGIN OF GLENWOOD ROAD; THENCE ALONG SAID WESTERLY RIGHT OF WAY MARGIN SOUTH 22*55'25 WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON SAID WESTERLY RIGHT OF WAY MARGIN SOUTH 22*55'25 WEST 150.00 FEET; THENCE NORTH 67*04'35 WEST 5.00 FEET; THENCE SOUTH 22*55'25 WEST 90.57 FEET; THENCE NORTH 67*04'35 WEST 195,14 FEET; THENCE NORTH 21*13145 WEST 290.37 FEET; THENCE NORTH 41*08'56 EAST 282.75 FEET; THENCE SOUTH 23*09'29 EAST 272.18 FEET TO A POINT OF CURVE; TIIENCE ALONG A CURVE TOTHE LEFT HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 43*55'06 AN ARC DISTANCE OF 130.31 FEET TO THE TRUE POINT OF BEGINNING.»>EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR GLENWOOD ROAD UNDER AUDITOR'S FILE NO. 200507130146, RECORDS OF KITSAP COUNTY, WASHINGTON.»>EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR MCCORMICK WOODS DRIVE SW UNDER AUDITOR'S FILE NO.200610090200, RECORDS OF KITSAP COUNTY, WASHINGTON. Certification of Letter of Intent City of Port Orchard I, James R. Weaver Development Director of the City of Port Orchard, do hereby certify that 1 received on August 05, 2010, a Notice of Intent to Commence Annexation Proceedings for an area located west of Glenwood Road SW, and north and south of McCormick Woods Drive SW, in that portion of Section 10 and Section 15, Township 23 North, Range I Gast, W.M., In Kitsap County, Washington. The petition contained the signature of property owner's authorized agent, which was verified by comparing it with signed documents on file. The assessed valuation of the area proposed to be annexed is $12,640.00. The assessed valuation of signatures represents $12,640.00. The signatures therefore constitute more than the required 10 percent, which figure would be $1,264.00. SIGNED this 6°i day of August, 2010 7s R. Weaver Orchard Development Director ►j O Z Z W W_ W W W W W W W W W W UM M M M M M M M M M M M W N N N N N N N N N N N N 0 0 0 0 0 0 0 0 (n (o N (O 0 0 0 0 0 0 0 0 0 0 O( 0 0 0 0 06 0 0 0 0 0 0 W O co O (O W (O M I- N W O (O N O O) T (o W W O 0 I J (n r o (O M O N O (o C] r- I m N N N N N^ M H lfl M M• Vi fA (fl fA (A (A (A YJ fA 4 M O CO (O (O i (O M (- O N (O N N N N m u'1 N 7 (O (O (n M N — N N W U Q K U 0 0 00 U) Y � w O O O O O O O w O 0 0 0 0 0 0 0 O> W W C o � � � � � � � o > w o 0 0 Z Z Z Z Z Z Z (n Z U (n N N U N Q� J J J J J J J� J U� rn @ O N M 7 W M@ M M@ H (00 (U Z (0D (0O It (O 0O ( (WO (wO w Z w Z W D J ¢ 2 g Y O Z U U ¢ z ¢ m z w Q U W Q CO Ul U( K w U p c6 W o(j W Y 2 a -6 J Q W Z 2: O W o m W Z O NO a x> O U O Z ZQ o W Jaa a0U) n Q J U( W Wu�O0 a U 0 N 0 x W J O O a¢ x¢ a w F 02i J} Y H g U x 0 ILL. O O O O O O O O O O p pO 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N O GO m Z o 0 0 0 0 0 0 0 0 0 0 0 J A M M M M M M.1 N W, a cat .. H c A A' c .— O p o o 0 o o 0 o o 0 o p w M m m m m m m m m m m M N N o N 0 N o N o N a N o N a N N N N (n a6 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7G Subject: Confirmation of Mayoral Appointments to the Lodging Tax Advisory Committee Meeting Date: August 24, 2010 Prepared by: Patti Kirkpatrick, CMC City Clerk Atty Routing No: NA Atty Review Date: NA Summary:: Each year, the City Council is asked to approve the Mayor's recommendation for the appointments to the Lodging Tax Advisory Committee pursuant to Port Orchard Municipal Code 2.22. In addition, RCW 67.28.1817 requires that at least two members of the advisory committee be from establishments that collect the tax (hotels, motels and Bed and Breakfasts) and two members be from organizations that are "involved in activities authorized to be funded" by the hotel/motel tax fund. Councilmember Chang is the current chair of this committee and has requested the Mayor, who has agreed, to reappoint the current Committee members to serve one more year on the Committee. Each of the existing members has agreed to the term extension. Recommendation: The Mayor recommends appointment of members from Comfort Inn, Days Inn, and Hidden Treasurer's Bed and Breakfast as well as members from the following organizations: Fathoms O'Fun, Port of Bremerton, and Port Orchard Bay Street Association. Motion for consideration: I move to approve the Mayor's appointment of representatives from Comfort Inn, Days Inn, and Hidden Treasurer's Bed and Breakfast as well as members from the following organizations: Fathoms O'Fun, Port of Bremerton, and Port Orchard Bay Street Association. Fiscal Impact: None. Alternatives: Appoint different members to serve on the Committee. Attachments: Matrix of Lodging Tax Advisory Board Membership A x U a 0 H 0 a w 0 U �C Fi d a x x w W A x 0 �a x 0 A d F-� �7 z A 0 a n J d 2009-2010 HOTELIMOTEL ADVISORY BOARD Port Orchard City Council Fred Chang, Chair 360-649-0150 Fathoms O'Fun Jesse Turner P.O. Box 312 Port Orchard, WA 98366 (36o) 871-5740 Port of Bremerton Brian Sauer 8850 SW State Hwy 3 Port, Orchard 98367 360-876-5535, ext. 23 brians Pportofbremerton. org Port Orchard Bay Street Assn John Ready, LTAC P O Box 8581 Port Orchard, WA 98366 360-871-1031 Comfort Inn Chan Park Comfort Inn 1121 Bay Street Port Orchard, WA 98366 (360) 895-2666 / (360) 895-8088 FAX pm.wa167 @choicehotels.com Days Inn Stephen Saffell Days Inn 220 Bravo Terrace Port Orchard, WA 98366 (360) 895-7818 saffeste@wnhg.com Hidden Treasurers B&B Heather Cole 703 Kitsap Street Port Orchard, WA 98366 (253) 225-1o96 (cell) (360) 443-6942 (home)