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01/13/2009 - Regular - PacketCITY OF PORT ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 City Council Meeting Agenda January 13, 2009 7:00 P.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. AUDIENCE 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 (please complete the sign -in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Claim Warrants, Payroll, and Treasurer's check book B. Approval of the December 16, 2008, Work Study Session Meeting Minutes C. Approval of the December 30, 2oo8, City Council Meeting D. Adoption of Resolution No. 001-09, Authorizing the Mayor to Sign Contract with Code Publishing for Municipal Code Codification Services (Kirkpatrick) E. Adoption of Resolution No. 002-09, Authorizing the Mayor to Sign Contract for Window Replacement with Port Orchard Glass, LLC for Prospect Street Rental (Dorsey) 5. PRESENTATION A. Update: Port Orchard Library — Kathleen Wilson 6. PUBLIC HEARING A. Public Hearing Regarding Council District Formation (Jacoby) B. Public Hearing Regarding Annexation of Sedgwick/Bethel Parcels (Weaver) 7. BUSINESS ITEMS A. Adoption of Ordinance No. 049-o8, Approving the Seabeck Pizza Rezone (Weaver) B. Adoption of Ordinance No. ool-o9, Establishing Council Districts (Jacoby) C. Appointment of Mayor Pro-Tempore for 2009 (Kirkpatrick) D. Discussion Item: Truck and Snow -Plow Replacement (Dorsey) E. Discussion Item: Tremont Widening Project Update 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.86.4407 Meetings are broadcast on BKAT — go to www.bkat.orfor broadcast dates and times. January 13, 2009, Meeting Agenda Page 1 of 2 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT HEADS 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 42.30.110, the City Council may hold an executive session. The topic(s), the session duration, and whether any action may be taken will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee February 4, 2009 Myhre's 7:3o a.m. Tourism Committee January 14, 2009 City Hall 2:00 P.M. Festival of Chimes & Lights T.B.D. Utilities Committee January 29, 2009 Myhre's 7:3o a.m. Sewer Advisory Committee (SAC) January 21, 2009 District Office 6:30 p.m. Public Property Committee T.B.D. Work Study Session January 20, 2009 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.86.4407 Meetings are broadcast on BKAT — go to www.bkat.orfor broadcast dates and times. January 13, 2009, Meeting Agenda Page 2 of 2 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: January 13, 2009 Adopted: RESOLUTION NO. 001-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN CONTRACT FOR MUNICIPAL CODE CODIFICATION SERVICES. WHEREAS, the City previously used the services of Code Publishing to codify its ordinances into the existing Municipal Code book. Code Publishing Company will provide online updates to the City's Code in an effort to provide residents and staff with the most up to date version available; and WHEREAS, City staff finds that maintaining the existing Code, both paper and electronic formats, to be burdensome; and WHEREAS, the City Council finds that it is in the City's interest to enter into a contract with Code Publishing Company for Municipal Code Codification Services; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute, on behalf of the City, the Municipal Code Codification Services Contract No. 001-09, in substantially the form attached hereto and by this reference incorporated herein, with Code Publishing Company effective January 1, 2009. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Meeting Date: Subject: Adoption of Resolution No. oo1-o9, Prepared by: Authorizing the Mayor to Sign Contract with Code Publishing for Atty Routing No: Municipal Code Codification Atty Review Date: Services January 13, 2009 Patti Kirkpatrick, CMC City Clerk NA NA Summarv: During the 2005 budget discussions and in an effort to reduce costs it was determined the City Clerk's office would take over codifying the Municipal Code. Since that time, the City Clerk's office has struggled with ensuring the Municipal Code is up to date both in paper form and electronically. During the 20o9 budget discussions, staff requested the Council to supplement the 2oo9 budget to allow Code Publishing Company to resume codifying the City's Municipal Code electronically and hardbound. Code Publishing remains the most recognized leader in municipal code codifications on the West Coast. Code Publishing and the City Clerk's office reached an agreement on the costs to resume their services. The cost are based upon updating the existing code book, starting with Ordinance No. 004-05 through Ordinance No. 049-o8, but does not include Title 16, which is undergoing major revisions in 2009. Additionally, staff has realized a scrivener's error with Title 18 in that all three sections are either redundant or belong in Title 16. Code Publishing has agreed to allow the City Clerk's office to codify Title 16 with all of the pending changes, which is anticipated to be completed in March 2oo9. Thereafter, any future changes to Title 16 will be at the contract price. Recommendation: Staff recommends the Council adopt Resolution No. oo1-o9, authorizing the Mayor to sign the contract with Code Publishing Company for Municipal Code Codification Services. Motion for consideration: I move to adopt Resolution No. oo1-o9, authorizing the Mayor to sign the contract with Code Publishing Company for municipal code codification services effective January 1, 2009. Fiscal Impact: Funds have been allocated for in the 2oo9 budget in the amount of $1o,000. Alternatives: Not adopt the Resolution and provide direction to staff. Attachments: Resolution No. oo1-o9 Code Publishing Company Contract Introduced by: Requested by: Drafted by: Introduced Adopted: RESOLUTION NO. 002-09 Public Works Director Public Works Director Public Works Director January 13, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE WINDOW REPLACEMENT CONTRACT WITH PORT ORCHARD GLASS LLC FOR 213 PROSPECT STREET. WHEREAS, the Port Orchard Finance Committee directed Staff to proceed with the replacement of twelve (12) windows for 213 Prospect Street (Unit #101) at the December 3, 2008, Finance Committee meeting; and WHEREAS, the City of Port businesses found on the Small Works Roster, responsible bidder; now, therefore Orchard received three (3) proposals from with Port Orchard Glass, LLC being the lowest THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute the window replacement contract with Port Orchard Glass, LLC for the replacement of twelve (12) windows for 213 Prospect Street (Unit #101) in an amount not to exceed $4,300. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4E Meeting Date: Subject: Adoption of Resolution No. 002-09, Prepared by: Authorizing the Mayor to Sign Contract for Window Replacement Atty Routing No: With Port Orchard Glass, LLC for Atty Review Date: Prospect Street Rental January 13, 2009 Mark Dorsey, PE Public Works Director NA NA Summarv: At the December 3, 2oo8, Finance Committee meeting the Committee directed staff to proceed with the replacement of twelve (12) windows in Unit lol, located at 213 Prospect Street. The Public Works Department received three (3) proposals from businesses on the Small Work Roster (including tax) as follows: Port Orchard Glass, LLC $4,270.15 Glass & Mirror Outfitters $4,817.50 Sound Glass Sales, Inc. $4,914.15 Recommendation: Authorize the Mayor to sign the Port Orchard Glass LLC contract in an amount not to exceed $4,300 for the replacement of twelve (12) windows. Motion for consideration: I move to authorize the Mayor to sign the Port Orchard Glass contract in an amount not to exceed $4,300 for replacement of twelve (12) windows. Fiscal Impact: The 2oo9 Budget allocated $4,970 for Rental Maintenance. Alternatives: Disallow authorization Attachments: Resolution 002-09 Contract Port Orchard Glass Proposal dated 10/21/o8 Finance Committee Minutes CITY OF PORT ORCHARD CONTRACT This contract is made and entered into this 13th day of January 2009, by and between the City of Port Orchard, Washington, a municipal corporation (the "City), and Port Orchard Glass, LLC (the "Contractor"). WHEREAS, the City received three (3) proposals from businesses on the Small Works Roster for the replacement of twelve (12) windows in Unit #101, located at 213 Prospect Street; and WHEREAS, the Contractor has been deemed to be the lowest responsible bidder; and NOW, THEREFORE, the parties agree as follows: 1. The following documents are hereby made a part of this contract and are mutually cooperative therewith. This contract and the following documents are collectively referred to as the "Contract Documents:" A. Bid Proposal submitted by the Contractor (dated 10/21/2008) B. City of Port Orchard Public Works - Project Terms & Conditions C. City of Port Orchard - Insurance Requirements 2. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described 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 Contract Documents, except those items mentioned therein to be furnished by the City. 3. Subject to additions and deductions by change order only, the Contract amount not to exceed $4,300.00 (sales tax included) for the replacement of windows with the contract term to begin immediately. The 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 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. 4. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and the amounts set forth in the Contract Documents. 5. 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. 6. 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. 7. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Contract, except as expressly provided herein. 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 PUBLIC WORK PROJECT TERMS AND CONDITIONS 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 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 be licensed and registered in the State of Washington. 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 the prices bid and within the time set forth therein with the understanding that time is of the essence in the performance of this contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The contractor shall furnish all permits, inspection fees, and fees required in the performance of this contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form which will be recognized by the City as an award. The executed contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 13. INDEMNIFICATION: All services to be rendered or performed under contract will be rendered or performed entirely at the Contractor's own risk. The Contractor expressly agrees to indemnify and hold harmless the City and all its officers, agents, employees or otherwise from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with the express or implied obligations of the Contractor, its agents or employees under this contract to the fullest extent permitted by law. The Contractor's duty to indemnify the City shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, its agents or employees. The Contractor's duty to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the City, its agents or employees, and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the City harmless shall include, as to all claims, demands, losses and liability to which it applies, the City's personnel -related costs, reasonable attorney's fees, court costs and all other claim -related expenses. The Contractor's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract. Contractor further agrees that this duty to indemnify City applies regardless of any provisions in RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for liability for injuries to Contractor's workers and employees, and Contractor hereby waives any such immunity for the purpose of this duty to indemnify Owner. 14. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the contract documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non - appropriation of funds. 15. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 16. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 17. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the contract. City may withhold payment for such work until work meets the requirements of the Contract. 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 $1,000,000.00 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. 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. 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Public testimony was taken from Gerri Harmon and Gil Michael. The Council then moved to continue this matter to January 13, 2009, for another Public Hearing and for possible action. The City Attorney and staff have worked together to prepare the attached draft ordinance for the Council to review and provide further direction to staff. The City Attorney has worked with the Kitsap County Auditor's office to arrive at boundary descriptions that meet the necessary legal requirements and to revise the final maps. There is one minor change that needs to be made to the proposed map of Wards 1 and 3. The correction needs to occur at the Southern tip of Sherman Avenue where the dividing line between Wards 1 and 3 should continue from Sherman Avenue South to Hwy 16. The County has accepted this change, and recognizes that this area still needs to be changed on the draft maps, but at the time of the writing of this staff report, the newest maps have not yet been received. Recommendation: Conduct a Public Hearing pursuant to RCW 29A.76.olo Attachments: Draft Ward Map 1, 2, and 3 PETITION FOR ANNEXATION TO CITY OF PORT ORCHARD, WASHINGTON Proposed Annexation Name Sed wick & Bethel File No. A-17-09 The Honorable Mayor and City Council: WE, the undersigned, who are the owners of not less than seventy-five percent (75%) in value, according to the assessed valuation for general taxation, of the real property legally described and geographically depicted in Exhibit "A" attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby petition that such territory be annexed to and made a part of the City of Port Orchard under the provisions of RCW 35.13.130 et. seq., and any amendments thereto, of the State of Washington. Prior to the circulation of this petition, a meeting was held on the 14th day of October, 2008, between the initiating parties of this annexation and the Council of the City of Port Orchard, at which time the Council accepted the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition for annexation of the real property legally described and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also determined that it would require the adoption of comprehensive plan and zoning designations, and that the City would require the assumption of indebtedness of the City by the area to be annexed upon annexation. This is reflected by the following quotation from the minutes of the October 14, 2008 Port Orchard City Council Meeting: Councilmember Clauson moved and Councilmember Colebank seconded the motion to allow the applicant to circulate a petition for annexation of the properties that lay East of the City boundary on both sides of Sedgwick and the remainder of the proposed properties described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Upon vote, the amended motion passed unanimously. WHEREFORE, petitioners pray that the City Council of the City of Port Orchard entertain this petition, fix a date for a public hearing hereon, and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the City, and to post the notice in three public places specifying the time and place of the hearing and inviting all interested persons to appear and voice approval or disapproval of the annexation. The following page may be filed with other pages containing identical text, intended by the signers of this petition to be presented and considered as a single petition. Planning Form 006/Petition for Annexation Application/ (10/08) i 'C -J rn r p AN 4"' .TION PETITION FORM � "= OWNERS SIGNATURES CITY ejT7 PORT PRr"*,yJ;,T We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1. Signature: = Printed Name: Property Address: adjacent to and north of SE Sedgwick Road Tax Parcel No: 012301-3-129-2007 & 012301-3-128-2008 2. Signature: Printed Name: Charles E. Creaier Property Address: 4708 Ramsey Road SE Tax Parcel No: 022301-4-071-2002 3. Signature: Printed Name: Walter S. Bailey (Olympic Financial Group Inc.) Property Address: 4612 Bethel Road SE Tax Parcel No: 022301-4-035-2007 Date: 1�1271a, Date: Date: 4. Signature: Date: Printed Name: Steve Krecker Wrecker Enterprises LLC) Property Address: 4068 Bethel Road SE Tax Parcel No: 022301-4-037-2005 5. Signature: Date: Printed Name: Tom Myers Jr. (Tom & Laurie LLC) Property Address: 1489 SE Sedawick Road Tax Parcel No: 022301-4-039-2003 Planning Form 006/Petition for Annexation Application/ (10/08) a a F �a.— e _ ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Signature: Printed Name: Ryon Harris (PBH Group LLC) Date: Property Address: adjacent to and north of SE Sedowick Road Tax Parcel No: 012301-3-129-2007 & 012301-3-128-2008 2. Signature: Date: ('2,- eo Printed Name: Charles E. Creaier Property Address: 4708 Ramsey Road SE Tax Parcel No: 022301-4-071-2002 3. Signature: Printed Name: Walter S. Bailey (Olympic Financial Group Inc.) Property Address: 4612 Bethel Road SE Tax Parcel No: 022301-4-035-2007 4. Signature: Printed Name: Steve Krecker (Krecker Enterprises LLC) Property Address: 4068 Bethel Road SE Tax Parcel No: 022301-4-037-2005 Date: Date: 5. Signature: Date: Printed Name: Tom Myers Jr (Tom & Laurie LLC) Property Address: 1489 SE Sedowick Road Tax Parcel No: 022301-4-039-2003 Planning Form 006/Petition for Annexation Application/ (10/08) J �V ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port'-=,T . Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1. Signature: Printed Name: Byron Harris (PBH Group LLC) Property Address: adiacent to and north of SE Sedawick Road Tax Parcel No: 012301-3-129-2007 & 012301-3-128-2008 2. Signature: Printed Name: Charles E. Creaier Property Address: 4708 Ramsey Road SE Tax Parcel No: 022301-4-071-2002 3. Signature: _ Printed Name: Property Address: 4612 Bethel Road SE Tax Parcel No: 022301-4-035-2007 4. Signature: Printed Name: Steve Krecker (Krecker Enterprises LLC) Property Address: 4068 Bethel Road SE Tax Parcel No: 022301-4-037-2005 5. Signature: Printed Name: Tom Myers Jr (Tom & Laurie LLC) Property Address: 1489 SE Sedawick Road Tax Parcel No: 022301-4-039-2003 Date: Date: Date: /e( 6� Date: Date: Planning Form 006/Petition for Annexation Application/ (10/08) ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1. Signature: Printed Name: Byron Harris (PBH Group, LLC) Property Address: adjacent to and north of SE Sed wick Road Tax Parcel No: 012301-3-129-2007 & 012301-3-128-2008 2. Signature: Printed Name: Charles E. Cregier_ Property Address: 4708 Ramsey Road SE Tax Parcel No: 022301-4-071-2002 3. Signature: Printed Name: Walter S. Bailey OI m is Financial Group,.Inc, Property Address: 4612 Bethel Road SE Tax Parcel N 4. Signature: Date: Date: Date: Printed Name: Steve Krecker (Krecker Enterprises LLC) I` Property Address: 4668 Bethel Road SE Tax Parcel No: 022301-4-037-2005 5. Signature: Printed Name: Tom Myers Jr, (Tom & Laurie LLC) Property Address: 1489 SE Sed wick Road Tax Parcel No: 022301-4-039-2003 Date: Planning; Form 006/1'etition for Annexation Application/ (10/09) 4 ANNEXATION PETITION FORM �QQ�1 OWNERS SIGNATURES 4 j`ATrA, n We, the undersigned, being owners of the real property lying contiguous to the City of Port y► - } Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1. Signature: Printed Name: Byron Harris (PBH Group. LLC) Property Address: adiacent to and north of SE Sedgwick Road Tax Parcel No: 012301-3-129-2007 & 012301-3-128-2008 2. Signature: Printed Name: Charles E. Crecier Property Address: 4708 Ramsey Road SE Tax Parcel No: 022301-4-071-2002 3. Signature: Printed Name: Walter S. Bailey (Olympic Financial Group Inc.) Property Address: 4612 Bethel Road SE Tax Parcel No: 022301-4-035-2007 4. Signature: Printed Name: Steve Krecker (Krecker Enterprises LLC) Property Address: 4068 Bethel Road SE Tax Parcel No: 022301-4-037-2005 5. Signature: Printed Name: Property Address: 1489 SE Sedawick Road Tax Parcel No: 022301-4-039-2003 Date: Date: Date: Date: Date: 12-3 Lo Planning Fenn 006/Petition for Annexation Application/ (10/08) �r ANNEXATION PETITION FORM Q OWNERS SIGNATURES'T (� We, the undersigned, being owners of the real property lying contiguous to the City-' Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made'p>� a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 6. Signature: i�i� �.��_ X , d/ �>�/,�` Date: //— 6 — OR, Printed Name: Francis Blair Property Address: 4740 Ramsey Road SE Tax Parcel No: 022301-4-040-2000 & 022301-4-040-2109 7. Signature: Printed Name: Donald M. Ryan Date: Property Address: 1271, 1283, & 1295 SE Sedawick Road Tax Parcel No: 022301-4-041-2009.022301.4-087-2004,022301-4-088-2003 022301-4-089-2002 8. Signature: Printed Name: David Walden Date: Property Address: 4513 & 4525 Ramsey Road SE Tax Parcel No: 022301-4-048-2002 & 022301-4-042-2008 9. Signature: Printed Name: Darlene Pioer (Walden Piper Properties LLC) Date: Property Address: 1073 SE Sedawick Road Tax Parcel No: 022301-4-006-2002 10. Signature: Printed Name: Darlene Piper (Piper Development Proiects LLC) Date: Property Address: 4619 Ramsey Road SE Tax Parcel No: 022301-4-055-2002 Planning Form 006/Petition for Annexation Application/ (10/08) ANNEXATION PETITION FORM OWNERS SIGNATURES 5 4 4I We, the undersigned, being owners of the real property lying contiguous to the it of Port;;" Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 6. Signature: Printed Name: Francis Blair Property Address: 4740 Ramsey Road SE Tax Parcel No: 0: 7. Signature: _ Printed Name: Dc Property Address: Date: Date: 12"B 0 b Tax Parcel No: 022301-4-041-2009 022301-4-087-2004 022301-4-088-2003,022301-4-089-2002 8. Signature: Printed Name: David Walden Property Address: 4513 & 4525 Ramsey Road SE Tax Parcel No: 022301-4-048-2002 & 022301-4-042-2008 9. Signature: Printed Name: Darlene Piper (Walden Piper Properties LLC) Property Address: 1073 SE Sedgwick Road Tax Parcel No: 022301-4-006-2002 10. Signature: Printed Name: Darlene Piper (Piper Development Projects LLC) Property Address: 4619 Ramsey Road SE Tax Parcel No: 022301-4-055-2002 Date: Date: Date: Planning Form 006/Petition for Annexation Application/ (10/08) ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name; or who knowingly signs more than one of these petitions, or signs a petitiol.-� seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 6, Signature: Printed Name: Francis Blair Property Address: 4740 Ramsey Road SE Tax Parcel No: 022301-4-040-2000 & 022301-4-040-2109 Date: 7. Signature: Date: Printed Name: Donald M. Ryan Property Address: 1271 1283 & 1295 SE Sed wick Road Tax Parcel No: 022301-4-041-2009 0223014-087-2004 022301-4-088-2003 022301-4-089-2002 &. Signature:"~� 3 C3 [�v 1 s �v e� Date: 1-0 "1' Printed Name: David Walden Property Address: 4513 & 4525 Ram Tax Parcel No: 022301-4-048-2002 & 022301-4-042-2008 9. Signature: Date: Printed Name: Darlene Piper Walden Piper Properties, LLC Property Address: 1073 SE Sedgwick Road Tax Parcel No: 022301-4-006-2002 10. Signature: Printed Name! Darlene Piper (Piper Development Proiects LLC Property Address: 4619 Ramsey Road SE Tax Parcel No: 022301-4-055-2002 Date: Planning Form €106/Petition for Annexation Application/ (10/08) ANNEXATION PETITION FORM OWNERS SIGNATURES cEc � o I o Ql Yc) P 08 pU£�ORTtyk We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 6. Signature: Printed Name: Property Address: 4740 Ramsey Road SE Tax Parcel No: 022301-4-040-2000 & 022301-4-040-2109 7. Signature: Printed Name: Property Address: 1271, 1283, & 1295 SE Sedgwick Road Date: Date: Tax Parcel No: 022301-4-041-2009, 022301-4-087-2004, 022301-4-088-2003, 022301-4-089-2002 8. Signature: Printed Name: David Walden Property Address: 4513 & 4525 Ramsey Road SE Tax Parcel No: 9. Signature: Printed Name: Darlene Piper (Walden Piper Properties, LLC) Property Address: 1073 SE Sedowick Road Tax Parcel No 10. Signature: Printed Name: Property Address: 4619 Ramsey Road SE Tax Parcel No: 022301-4-055-2002 Date: Date: t I l / -- oL--- :.... Fn.... nlKm.,(.L.... f... n....nrnKnn A --I; —;--i I I Anal pT r ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Y11 Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 11. Signature: Printed Name: Property Address: 1501 SE Piperberry Way Tax Parcel No: 022301-4-074-2009 12. Signature: Printed Name: Date: k %'&Z Property Address: 1551 SE Piperberry Way Tax Parcel No: 022301-4-108-2009 13. Signature: Date: D Printed Name: Darlene Piper (Greodar, LLC) Property Address: 1521 SE Piperberry Way Tax Parcel No: 022301-4-110-2p05 14. Signature: Printed Name: Darlene Piper (Bethel Centre Association) Property Address: Tax Parcel No: 022301-4-111-2004 & 022301-4-112-2003 15. Signature: Printed Name: Randy Lee (RKCM Corp.) Property Address: 1501 SE Sedowick Road Tax Parcel No: 022301-4-094-2005 Date: Date: One ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Porte 44TA4' Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name; 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 11. Signature: Printed Name: Darlene Piper P & H Properties LLC Property Address: 1501 SE Pi erberr Way_ Tax Parcel No: 022301-4-074-2009 Date: 12. Signature: Date: Printed Name: Darlene Piper Property Address: 1551 SE Piperberry Way Tax Parcel No: 022301-4-108-2009 13. Signature: Date: Printed Name: Darlene Piper Gre dar LLC Property Address: 1521 SE Piperberry Way Tax Parcel No: 022301-4-110-2005 14. Signature: Printed Name: Darlene Piper Bethel Centre Association Property Address: Tax Parcel No: 022301-4-111-2004 & 022301-4-112-2003 Date: 15. Signature: Date:�tl Printed Name: Randy Lee (_RKCM Corp.) Property Address: 1501 SE Sed wick Road Tax Parcel No: 022301-4-094-2005 Planning Form OOS/Petirion for Ailnexation Annlir.ntinnl (10/(18) ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 16. Signature: Printed Name: Daniel. Gail. or Sherilyn Antilla (BCB LLC) Property Address: 1541 SE Pioerberry Way Tax Parcel No: 022301-4-109-2008 Date: 17. Signature: jDate: ( I D Printed Name: Edgar & Marilyn Anderson Property Address: No site address — adiacent to and south of SE Sedgwick Road Tax Parcel No: 112301-1-018-2003 18. Signature: Date: Printed Name: James Avery (Port Orchard Skate LLC) _ Property Address: southeast corner of Geiger Road SE & SE Sedgwick Road _ Tax Parcel No: 112301-1-019-2002 19. Signature: Date: Printed Name: Gordon Shaw (Shaw. Gordon M & Linda M Trust) Property Address: No site address —south of SE Sedgwick Road west of Estonia Court SE Tax Parcel No: 122301-2-053-2006.122301-2.063-2004 122301-2-064-2003 20. Signature: Date: Printed Name: Lim, Hong Yul & Ok Yuri Property Address: 1894 SE Sedgwick Road Tax Parcel No: 122301-2-093-2008 Planning Form 006/Petition for Annexation Application/ (10/08) ANNEXATION PETITION FORM OWNERS SIGNATURES CP CITY We, the undersigned, being owners of the real property lying contiguous to the City of Porti�T Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 16.Signature: Printed Name: Daniel. Gail, or Sherilyn Antilla (BCB LLC) Property Address: 1541 SE Pioerberry Way Tax Parcel No: 022301-4-109-2008 17. Signature: Printed Name: Edgar & Marilyn Anderson Date: Date: Property Address: No site address — adjacent to and south of SE Sedawick Road Tax Parcel No: 112301-1-018-2003 M Printed Name: Date: 1IL76e/ Sb Property Ad8"ress: southeast corner of Geiger Road SE & SE Sedawick Road Tax Parcel No: 112301-1-019-2002 19. Signature: Printed Name: Gordon Shaw (Shaw, Gordon M & Linda M Trust) Date: Property Address: No site address — south of SE Sedawick Road, west of Estonia Court SE Tax Parcel No: 122301-2-053-2006, 122301-2-063.2004, 122301-2-064-2003 20. Printed Name: Lim, Hono Yul & Ok Yun Property Address: 1894 SE Sedgwick Road Tax Parcel No: 122301-2-093-2008 Date: Planning Forth 006/Petition for Annexation Application/ (10/08) We, the undersigned,being owners of the real property lying configuous to the City of Pon Orchard, Wahington, descr ibe.d in Exhibits A do hereby titio that such t ra`itory be annexed:a-amade a part of the City of Port Orchard, and that com*he sine pia.ahWining designations be adopted and the indebtedness the City of Pon Orchardbeassured upon annexation, Every person who signs this petition with any caber than his or her tm nam, or who knowingly. signs rove than one of these petitions, or signs a petition seeking to election n when he or she is not a legal voter, or signs a Petition when he or she is otherwise not qualified to sign. or who niakes herein any f : Me a t, sWl be. ity of a�:t` ss�er or, 16, Signature: Date: PropertyAddress: ParcelTax o a r o� mix 17. Signature. Late: Tax Lame o: 11 1 .&I 18. SignatureDate, RI -tinted ! s tw�• :� s � o ' s 'bye -�r x Date. i$roiefty Address..No ^s:e a:• s a Plowing Form OWPefifim fi° AnneUtfon A Sii=ticW € tam"3 ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. MAIM 'I►I ICI V Every person who signs this petition with any other than his or her true name, 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 he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 26. Signature: Date: Printed Name: for Olympic Growth South, LLC Property Address: 1888 SE Sedowick Road Tax Parcel 27. Signature: Printed Name: Robert Currey -Wilson (Fred Meyer Stores, Inc.) Property Address: 1900 SE Sedgwick Road Date: Izblokooy Tax Parcel No: 1�223301-2-087-20066 e/ 28. Signature:al P Date: Printed Name: Robert Currey -Wilson (Roundup Co. DBA Fred Meyer. Inc.) Property Address: 5105 & 5051 Bethel Road SE: 1 parcel with no site address Tax Parcel No: 122301-2-088-2005.122301-2-089-2004. & 122301-2-091-2000 29. Signature: Date: Printed Name: for Heartland Automotive Services Property Address: 5057 Bethel Road SE Tax Parcel No: 122301-2-090-2001 30. Signature: Printed Name: Property Address: Tax Parcel No: Date: Planning Form 006/Petition for Annexation Application/ (10/08) Sedgwick/Bethel Annexation Legal Description Those portions of the Southwest Quarter of the Southwest Quarter of Section 1, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as follows: Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's File No. 200801250070, records of Kitsap County; AND the South 30 feet of said the Southwest Quarter of the Southwest Quarter; Except the East 200 feet; AND the North 10 feet of the South 40 feet of the West 100 feet of the East 300 feet of said Southwest Quarter of the Southwest Quarter; AND the North 20 feet of the South 50 feet of said Southwest Quarter of the Southwest Quarter lying westerly of the easterly line of Lot B of Short Plat No. 6253 recorded under Auditor's File No. 9305210259 and filed in Volume 9 of Short Plats, page 140, records of Kitsap County; AND those portions of the Southeast Quarter of Section 2, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as follows: The South Quarter of the Southeast Quarter of the Southeast Quarter of said Section 2; EXCEPT that portion of said Southeast Quarter of the Southeast Quarter described as follows: Commencing at the southeast corner of said Section 2; thence North 1°42'48" East along the east line thereof 30.00 feet to the POINT OF BEGINNING; thence continuing North 1°42'48" East along said east line 300.00 feet to the easterly extension of the north line of Lot B of Short Plat No. 5254 recorded under Auditor's File No. 9005010055 and filed in Volume 4 of Short Plats, page 228, records of Kitsap County; thence North 88°56'52" West along said easterly extension and along said north line 264.00 feet to the northwest corner of said Lot B; thence South 1°42'48" West along the west line thereof 140.00 feet to the southwest corner of said Lot B; thence South 88°56'52" East along the south line thereof 219.00 feet to the westerly right-of-way margin of Bethel Road SE per Right -of -Way Deed recorded under Auditor's File No. 9510190071, records of Kitsap County; thence South 1 °42'48" West along said westerly right-of-way margin 90.63 feet to the beginning of a curve convex to the southeast having a radius of 55 feet; thence continuing southwesterly along said right-of-way margin and along said curve an arc distance of 85.76 feet through a central angle of 89°20'20"; thence South 1 °42'48" West parallel with the east line of said Southeast Quarter of the Southeast Quarter 15.00 feet to the north line of the South 30 feet of said Southeast Quarter of the Southeast Quarter; thence South 88°56'52" East along said north line 99.37 feet to the point of beginning; As approved by Kitsap County Public Works 12/30/08 1 AND that portion of the Southwest Quarter of the Southeast Quarter of said Section 2 described as follows: Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter; thence West 660 feet; thence North 345 feet; thence East 660 feet; thence South 345 feet to the point of beginning; AND the South 345 feet of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of said Section 2; EXCEPT the South 30 feet; ALSO EXCEPT that portion within the City of Port Orchard; AND Lot B of Short Plat No. 3457 recorded under Auditor's File No. 8402290097, records of Kitsap County; AND the East 30 feet of the South 110 feet of the North Half of the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of said Section 2; AND the West 30 feet of the South 110 feet of the North Half of the Southeast Quarter of the Southeast Quarter of the Southeast Quarter of said Section 2; AND Lots A and B of Short Plat No. 3907 recorded under Auditor's File No. 8506170095, records of Kitsap County; Except that portion deeded to Kitsap County by Right -of -Way Deed recorded under Auditor's File No. 200710090051, records of Kitsap County; AND Resultant Parcel RP -A of Boundary Line Adjustment recorded under Auditor's File No. 200405130368, records of Kitsap County; AND Parcels A,B,C,D,E, and F of Binding Site Plan recorded under Auditor's File No. 200408250298 and filed in Volume 18 of Short Plats, pages 91 thru 94, records of Kitsap County; AND Resultant Parcel A of Boundary Line Adjustment recorded under Auditor's File No. 950210202, records of Kitsap County; AND Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's File No. 200711160028, records of Kitsap County; AND those portions of the Northeast Quarter of Section 11, Township 23 North, Range East, W.M., Kitsap County, Washington, described as follows: The North Quarter of the Northeast Quarter of the Northeast Quarter of said Section 11; AND the East 30 feet of the North 838 feet of said Northeast Quarter of the Northeast Quarter lying south of the North Quarter of said Northeast Quarter of the Northeast Quarter; AND that portion of the Northwest Quarter of the Northeast Quarter of said Section 11 described as follows: Beginning at the northeast corner of said Northwest Quarter of the Northeast Quarter; thence South 325 feet; thence West 643.6 feet; thence North 325 feet; thence East 643.5 feet to the point of beginning; Except the West 20 feet for road; Also Except the South 125 feet of the West 325 feet of the remainder; AND that portion of the Northwest Quarter of Section 12, Township 23 North, Range East, W.M., Kitsap County, Washington, described as follows: As approved by Kitsap County Public Works 12/30/08 Beginning at the northwest corner of said Section 12; thence South 298'00" West along said west line as delineated on Survey recorded under Auditor's File No. 3200203, records of Kitsap County a distance of 838.00 feet; thence South 88°09'00" East 663.12 feet to the west line of the West Half of the East Half of the Northwest Quarter of the Northwest Quarter; thence South 2°10'47" West along said west line 482.99 feet to the southwest corner of said West Half; thence South 88'05' 15" East along the south line of the Northwest Quarter of the Northwest Quarter 664.12 feet to the southeast corner of the Northwest Quarter of the Northwest Quarter; thence North 2°03'33" East along said east line 1320.03 feet to the northeast corner of said Northwest Quarter of the Northwest Quarter; thence North 88°04'42" West 992.03 feet to the point of beginning; EXCEPT the East 200 feet of the North 365 feet of the East Half of the East Half of said Northwest Quarter of the Northwest Quarter. As approved by Kitsap County Public Works 12/30/08 Sedgwick & Bethel Proposed Annexation CITY OF PORT ORCHARD City Clerk 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 TO: Public Property Committee FROM: Patti Kirkpatrick, City Cle4A DATE: November 24, 2008 REGARDING: Sidney Road — Mist Ventures The City Clerk's office received a street vacation application from Matt Wambold regarding the 43oo Block of Sidney Road SW. The application should be based on the following criteria: x. The City does not have a foreseeable or possible use of the property. 2. The removal of public access does not adversely affect access to other property(s). 3. The vacation of the property does not adversely affect utilities such as water, sewer, storm, electric and others. 4. The enlarging of property area does not create potential or actual land uses that are inconsistent with city growth plans and goals. 6. The City receives the fullest monetary amount allowed by law. 6. The cost of vacating public property must be paid by the applicant. A non-refundable $too application fee is paid by the petitioner(s). In the event the administrative cost to process a Petition to Vacate exceeds $i oo, the petitioner will be assessed additional fees. 7. There has been a public hearing as set forth by RCW 35.79, with adjacent property owners receiving notification of the pending vacation request(s). The Committee can consider other information that is unique to individual parcels of right--of-way. Based on the criteria set forth above, the Public Property Committee shall make a recommendation to the City Council. City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 Po�ae 360-876-4407 * 360-895-9029 (fax) STREET VACATION PETITION TO THE CITY COUNCIL OF THE CITY OF PORT ORCHARD: I. The undersigned, owners of two-thirds of the real property abutting upon that public street described below, do hereby petition the City of Port Orchard to vacate said street/alley, described as follows: Legal description: (Legal description of portion of right-of-way, which is subject of petition) all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that said City Council by Resolution fix a time and place when this Petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution. 2. The undersigned proposes the following: a. Proposed use of the vacated Right -of -Way: C_61M!'JP,i�lt6I b. The proposed vacation is located in �i0%�iM_ C lig oning district. c. The property is approximately feet wide by approximately feet long, containing approximately .s total square feet. d. Provide a map with Right -of -Way proposed to be vacated outlined or highlighted. e. The undersigned hereby agree to pay the full appraised value of the vacated right-of-way to the City of Port Orchard, and comply with all conditions required by the City, upon approval of the petition. The petitioner hereby requests that: Obtain an appraisal of right-of-way proposed to be vacated. In lieu of an appraisal value of the land may be based on the following square foot 4 �J0e( valuations: residential $5; Commercial $10; and Industrial $10. Certified check is an amount equal to the full appraised or estimated value q of land. (Certified check to be held until vacation is approved or denied by Council) 3. Verification by the City of Port Orchard of the undersigned who are the legal property owners representing one hundred (100) percent of the abutting property. Patricia J. Kirkpatrick, City Clerk Petition to Vacate Right -of -Way Updated: October 2008 5 of 6 . The undersigned has paict to the City Cleric the $100 application fee. It is understood that this fee is not refundable, that it is for the purpose of partially defraying the normal administrative, engineering and legal expenses in processing the petition for vacation, and that it does not constitute a payment for the street vacation requested in the petition. Receipt No: Date These pages are a group of pages containing an identical text and prayer intended by the signers of this Petition to be presented and considered as one Petition and may be filed with other pages containing additional signatures, which cumulatively may be considered as a single Petition. WARNING: Every person who signs this Petition with any other than his true name, or who knowingly signs more than one of these Petitions, or signs a Petition when he is otherwise not qualified to sign, or who make any false statement shall be guilty of a misdemeanor. PRAYER OF PETITION: For the v cation of a portion of that street/alley commonly known as City right-of-way and called J jAl r—14 Signatures of petitioners (Note: all persons who have an ownership interest must sign the petition. This includes co-owner(s) and/or spouse. Narne/%) S t VeOidt-Address (Name Printed or (Signa ur j ESfVe Phone360 7/6 -MKO Tax Parcel Number 0 i oX ),6y 5 soo o IV141, ,5 0 C, 60 76W— 64S) 7 Tax Parcel Nu: m4-) wlm aigl cl IRKto-t©s.PlAig (Name Printed or Typed)�F 3,?� (Si nature} Name Address Phone Tax Parcel Number (Name Printed or Typed) (Signature) Petition to Vacate Right -of -Way Updated: October 2008 6of6 Exhibit Sidney Annexation A portion of the Southwest quarter of Section 2 and a portion of the Southeast quarter of Section 3 all in Township 23 North, Range I East, W.M., Kitsap County, Washington: more particularly described as follows; Commencing- at the Northwest corner of said Southwest quarter of Section 2; Thence South along the west line thereof to a paint on the southwesterly right of way boundary of State Highway No, 16, the POINT OF BEG1NNlNG; Thence northwesterly along said right of way boundary to a point on the westerly right of way boundary of Sidney Road SW; Thence southerly along said westerly right of 'way boundary to a point opposite Highway Engineers Station A14-35+15.40 on the A14 line survey of State Highway No. 16, Olympic Drive to Tremont Street; Thence easterly and leaving said westerly right of way boundary to a point on -the easterly right of way boundary of Sidney Road SW opposite said Highway Engineers Station A14-35+15,40; Thence northerly along said easterly right of way boundary to a point 30 feet south of the South line of the Northwest quarter of the Southwest quarter of said Section 2; Thence easterly, parallel with said South line, to a point 265 feet east of the. West line of the Southwest quarter of the Southwest quarter of said Section 2; Thence southerly, parallel with said West line, to a point on the North line of Lot A, Kitsap County Short Subdivision No. 2752; Thence easterly along the North line of Lots A and B of said Short Subdivision No. 2752 to a point on the southwesterly right of way boundary of State Highway No. 16; Thence northwesterly along said right of way boundary to the POINT OF BEGINNING. Exhibit Highway 16 Annexation A portion of the West half of Section 2 and a portion of the East half of Section 3 all in Township 23 North, Range I East, W. described as follows; M., Kitsap County, Washington. more particularly Commencing at the West quarter corner of said Section 2; Thence North along the west line of the Northwest quarter of said Section 2 to a point on Cad northeasterly right of way boundary of State Highway No. 16, the POINT OF BEGINNING; Thence southeasterly along said right of way boundary to a point on the South line of Lot 6 plat of Fernwood Park Addition to Port Orchard as recorded in Volume 10 of plats at page 45 records of Kitsap County; Thence westerly to a point on the southwesterly right of way boundary of State Highway No. 16 being the northeast corner of Lot B of Kitsap County Short Subdivision No. 2752; Thence northwesterly along said right of way boundary to a point on the westerly right of way boundary of Sidney Road SW; Thence northerly along said westerly right of way boundary to a point on the northeasterly right of way boundary of State Highway No. 16; Thence southeasterly along said northeasterly right of way boundary to the POINT OF BEGINNING. ��i►t�alrt.��tc�.#fl . LOT S S.P. 42752 (438,977 r VACATE 1T PORTIONS OF SECTIONS 2 & 3, T 23 N, R 1 E, W.M., KITSAP COUNTY, WASHINGTON PUGET SOUND APPRAISAL CoXpANY 4887 NW BRYCE COURT SILVERDALE, WA 98383 360--692-2727 OC"fOBER 30, 2008 CLIENT:MATT WAMBOL❑ PROPERTY- THE 4300 BLOCK OF SIDNEY ROAD SW, NO ADDRESS ASSIGNED. PORT ORCHARD, WA 98367 CLIENT - KITSAP COUNTY FILE NO. - 9078 CASE NO. - WAMBOLD DEAR MR. WAMBOLD: IN ACCORDANCE WITH YOUR REQUEST, I HAVE PREPARED AN APPRAISAL Or THE REAL PROPERTY LOCATED AT THE 4300 BLOCK OF SIDNEY ROAD SW, NO ADDRESS ASSIGNED., PORT ORCHARD, WA. THE PURPOSE OF THE APPRAISAL IS TO PROVIDE AN OPINION OF THE MARKET VALUE OF TJ-IE PROPERTY DESCRIBED IN THE BODY OF THIS REPORT. ENCLOSED, PLEASE FIND THE SUMMARY REPORT WHICH DESCRIBES CERTAIN DATA GATHERED DURING OUR INVESTIGATION OF THE PROPERTY. THE METHODS OF APPROACH AND REASONING IN THE VALUATION OF THE VARIOUS PHYSICAL AND ECONOMIC FACTORS OF THE SUBJECT PROPERTY ARE CONTAINED IN THIS REPORT. AN INSPECTION OF THE PROPERTY AND A STUDY OF PERTINENT rACTORS, INCLUDING VALUATION TRENDS AND AN ANALYSIS Or NEIGHBORHOOD DATA, LED THE APPRAISER TO THE CONCLUSION THAT THE MARKET VALUE, AS OF OCTOBER 27, 2008IS : S92,000 THE OPINION OF VALUE EXPRESSED IN THIS REPORTIS CONTINGENT UPON THE LIMITING CONDITIONS ATTACHED TO THIS REPORT. IT HAS BEEN A PLEASURE TO ASSISTYOU. IF 1 MAY BE OF FURTHER SERVICE TO YOU 1N THE FUTURE, PLEASE LET ME KNOW, RESPECTFULLY SUBMITTED, PUGET SOUND APPRAISAL COMPANY DANIEL R. CALNAN WA CERTIFIED GENERAL REAL ESTATE APPRAISER CERTIFJCATION 91100428 SUMMARY APPRAISAL REPORT WAMBOLD ,.w� v✓ nr rR/'S .7HL K3wW VIK 1 FIIQ NO. g078 Owner KIT AP COUNTY _ Census Tract 921 Map Reference 31-24-2E Property Address THE 43g0 BLOCK OF SID,NEY ROAD SW. NO A➢➢RFSS ASSIGNED_. 0.ICltyN PORT ORCHARQ _ County KjTSRP Stale WA -d _. —Zip Cade 48367 Legal Dam lion , APO OF THE NW 1/4 OF THE SW 114 OF SLC.2 TWNP.23N RNG IE. SEE ATTACHED -"Et --�._—� _ Sale Price $j+j/,q pate of Saie - Propeny Rights Appraised X Fee Leasehold De Minims PUo 1— Actual Rear Estate Taxes $NONE (yr,) 9_ a:ent CLIEN'I':MAT WAMBO 2 Address _ I Oacapant VACAN. T LAND Appraiser pAN[EL R. CALNAN nsitonawAppreiser APPRAISE FAIR MARKET VALUE' 1 Intended User: Intended Use: Locaffon Urban x: Suburban 3 Rural Sulli UP X, Over 75% 25%to 75% J.. Llhde.25% Good Aug, Fair Pom Employment Stablfay, X . Growtlr Rate Fuly 0ev. .. Rapid X Steady ,Slow Convenience to EmPEoymerrt X Property values _. Ineraasinu X _ Stable Defining Convenience to Shopftg -... ,.X_._ IIII De—ird/Supply Shoflage X in Balance Over Supply convenience to Schools x M-Irefing Time x Under Mos. _ -..- !! : 4-s Mos. a Over 6 Mos. . Adequacy of Public Transparlaben x aPreseirn Land Use 80 °6 t Family 5 % 2-4 ram 5 'A Apt$ � % Condo � °5 Commem a€ Recreational FacMdes x .� 100.000000 %Indus EaE 10 %Vacant % —�... ._......,T.... — Adequacy of Utilities x .; .-,...,-_�.. _ Change In Present Land Use Not Likely X - Likely M T0.akin dace {ry _—_, . _i 9 . Pa,ty Compatlbllily ..x _ Pro "- #-) Prom RAWLAND _ To PEV+ LOPED Pratrhorrp from Dettvnenlal Condirims .. _. X .. . ....: predominant Occupancy : Tenant % Vaeani ,......_. 0_5 - - Police end Flre pratacl'ron X Z ^„ S+ng3e Family Price Florins $ 200 __ to $ 550 Predominant Value $ 350 - General Appear— of Pmpe ter. x : Single Family Age 5 y+s- 1o40 Y.. Predominant Age g 15 yrs. - _ -_- - Appeal to Market . X .. Comments !nNudinp those factors, favorable or unfavorable, affect ng madatabillty (e.g. gavlic parks, schools, noise) SUBURBAN A R FA OF ESTABLISHED HOMES AND SUBDIVISIONS AS WELL AS SOME COMMERCIAL AND MULTI -FAMILY PARCELS. SOME N "W CONS"fRE1CTION. SITES RANGE FRO v1 STANDARD WING SITES TO ACRLAGE. �� Dimensions IRREGULAR SEE COMMENTS a 46.fl8S SQUARE FEET' Comer Lot ZoingClassification IIIGHWAYTOURIST1COIvlM-RCIAL � Presentmpavements do do no[ conlormtozoning reg�as-Ir - --�' Highestandbesluse: - X presenluse `Other(specify) 13I HWAYCOMEllICAL LEVEI,INPART' v i PuAc Othre(Dasenbey OFF SITE IMPROVEAFNTS Toppdvate . Elec_ X Street Acne X.- Public Size IRRL"GULARRT - Gas - - X Suit_ SPHALTT ShApe IRREGULAR I-- . _ 1 Water X : ....-. i ..r._.. _ I M tanr tce - Public _;Private view NONE _ mm� San_ Sewe S P71 Sloan Sewer I....... C J blGu er Drama e 9 APPEARS ADEQl7ATE _ Underground Elect 8 Tel ! Sidewelk - I�� Street Lights a the property located Tn a HUD Wernlified Special Ftood Hazard Area? x No Yes ' Comments (favorab€e or unfavorable including any apparent adverse easements, encroachments or other adverse conditions) THE 5Ui3JECT PRC)PL=RTY CONSISTS OF TWO RIGHT OF WAY PARCELS. IRREGULAR IN SHAPE. THE CLIENT 1-Iris IN[7iCATED THAT NO LEGAL DESCRIPTION FOR THC PARCELS EXIST, 'THIS ,APPRAI$ER HAS BEEN _PROVIDED A MALUTLED "VACATION EXHIBIT" PORTIONS OF SECS. *** SEEP ' ADDITIONAL COM ENT — - The undersigned has recited three recant sales of properties mast snrilar and proximate to si.4ad and has considered these al the mama analysis: The descriphon indudes a dour adjualment, reflecling market reaotkon to those Hems of significant variation between the sublet and cantpan N. properties. If a significant item in the cornpar ble propeny ks superior to, or ... more favorable than. the subjeo property, a minus (-) adlusanent is made, t?tus reducing the indicated valua of subject: if a sigfcant item in the comparable is Enlerior to, or fens favo ble than, the subject property, a plus (+) adjustmeett is made, thus Increasing the €ndicreed value of the subject. - For The Market Data Analysis See grid below. See ranaci attachment STEM Subject Property _... COMPARABLE NO. i� COMPARABLE NO 2 COMPARABLE NO. 3 Address 300 SI➢NEY ROAD 300 BLOCK OF SIDNEY ROAD 4400 BLOCK OF 5[DNEY ROAD1653 -� PAYSENO LANE SC PORTORCHARD AXk022301-3-003-2007 AX1€022301.3-007-2003 PORT ORCHARD Praximty o5ub. �Prlce a;.; I12 BLOCK SOUTH l BLOCK SOIJTI4 _ 2 MILES NC l 0, Sales ,s NIA ` 1 209000 ;,5�12(i 000 _ :-"$ Y80000 j' Price $NIA $ 2.31 "_$ 1.18'. --. $ 2AI kE Data Souroe INSPECTION COUNTY RECORDS COUNTY RECORDS COUNTY RECORDS,, Q Date of Sale and DESCRIPTION +{` $ DESCRIPTION A4(" $ DESCRIPTION QTime Adjustment _DESCRIPTION [012008 912007 � 19/2407 +20 000' 5/2007 _- +3 a0C nr[ Loca an SUBURBAN SUBURBAN— SUBURBAN ISUBURBAN. but Sltemiew ,. Y. a Sae Area 46,085 SQUARE F' •ET _ 90.60 S .FT. lUl 495FT. _ _.- 85 ZONING ]HWYITOURISTICOM. HWY/TOURI TICON. HWYITOURIST/CON. IiWY/TOURIST/COM. STEZPTO LEVEL LEVEL STEEP _ GENTLY ROLLING �T Sales ar Financing I concessions _ . Net Adj. (Total) _ _ ....E = Plus ! Mink $ xplus -- Minus $ 2Q.000` x Plus Mir $ 3,001, andeudelvatae GROSS10% GROSS 16.7% GROSS 1.7% of Subject $ 209.000LN T I .7 % $ 140.000 NFT L7% $ 182.00C Comments on Market Data. AN Al TEE PT WAS MADE TO LOCATE COMPARABLE SALES ZONED BY KITSAI' COUNTY IDENTICAL TO 'HE SUBJECT PROPERTY. AND SITUATGD JtJST OUTSIllE OR ADlACGNT TO "I'F1CCI'€TY OF,POR'T ORCHARD CITY,LIMITS. ALL THR) E COMPARABLE $ALES MEET TT1[S CRITERIA. COMPARABLE #I [S A BARE LAND SALE. COMPARABLE5 12,'&3 WERE IMPROVED Wl I'H OLDER MODEST SING FAMILY HOMES CONSIDERED OF NO VALUE WHG% 'TAKING INTO ACCOUNT TISE SUBJECT HIGHEST AND BEST CLSE AS ZONED. H3GHWAY 1 TOlJRIST CL3MMERCiA_L. - Cammenlsartd andihansofApp flea€: THIS APPRAISAL IS S 13JECT TO GENERATSON fIP.A LEGAL DESCRIPTION FOR THE SUBJEC"f PROPERTIES MATCHING THE PROPERTY APPRAISED AS DEPICTED AND DESCRIBED IN THIS REPORT. V _ _ a 0 LU: Final Recrn dliation: 'FLIP FINAL £STIMATE OF VALUE IS BASED ON AN ESTIMATE OF S2.00 PER SQ[}-ARE FOOT FpRT'1-lE'iW0 PARCELS TOTALINO Ab 084 SOIJARE FEET OR $92.370 OUNDED TO $92 0(10: THE FINAL ESTIMATE OF VAS U£ IS BASED ON "I'1--1E MARKET APPROACH AS THIS APPROACH 15 MOST 1NDiCATIVE DF A9ARKET ACTCVITY _ E ESTIMATE THE MARK>=T VALUE, AS REINED, OK $tJ6JEGY PROPERTY AS OF 1I['7Y1Rl:_R 77 Rlr4 PUG6T SOUND APPRAISAL COMPANY WAMBOLD File No. g07S ADD MONAL COM1i,ENTS Borrower or Owner KITSAPCO[JNTY ProPedy Address THE 4300 BLOCK OF SIDNEY ROAD SW CIO ADDRESS ASSIGN F,D. � __ �� city ['OR7-ORCHAR➢ c--lY KITSAP Side WA zip code 98367 Leader ar Chen! CLIENT:MATT WAMB LD '-�_"" SITE 2 & 3, T23N, RIE, WM KITSAP COUNTY WASHINGTON. PLEASE SEE MAP ATTACHED. THIS MAP GENERALLY AGREES WITH THE KITSAP COUNTY ASSESSORS MAP OF THE AREA, THE AREA APPRAISED INCLUDES THE TWO PARCELS MARKED "PROPOSED VACATION AREA "A" AND "B"." OUR CLIENT HAS REPRESENTED THAT THE SQUARE FOOTAGE OF THE TWO PARCELS HAS BEEN CALCULATED BY COMPETENT ENGINEERS AS CONTAINING 17,232 S.F., AND 29,853 S.F., FOR A TOTAL OF 46,085 S.F. THIS APPRAISER HAS RELIED ON THESE- REPRESENTATIONS AS THE BASIS FOR THE ANALYSIS IN THIS REPORT. THE SUBJECT PARCELS ARE ZONED "HIGHWAY /TOURIST COMMERCIAL. THE LARGER OF THE TWO PARCELS WAS FORMERLY SIDNEY ROAD RIGHT OF WAY ALIGNMENT, AND IS A 60' WIDE APPROXIMATELY 450' LONG GENTLY CURVED STRIP. THIS PARCEL IS FAIRLY LEVEL. THE SMALLER PARCEL IS A "TRIANGULAR SHAPER REMNANT WITH DIMENSIONS OF APPROXIMATELY 290' X 225' X 155'. THIS PARCEL IS VERY STEEP, IMMEDIATELY RISING RAPIDLY FROM SIDNEY ROAD TO A BANK HEIGHT OF APPROXIMATELY 20'. COMMENTS ON MARKET DATA TRANSACTIONS WITH RELATED PARTIES TO OUR CLIENT ARC NOT CONSIDERED ARMS -LENGTH TRANSACTIONS. COMPARABLE 91 IS SITUATED NEAR THE SUBJECT PROPERTIES. THIS SALL IS CONSIDERED SUPERIOR 'To THE SUBJECT AS ITS TOPOGRAPHY IS GENERALLY SLOPING AND DOES NOT FACE THE TOPOGRAPHICAL CHALLENGE, OF THE STEEP SLOPES ON PORTIONS OF "THE SUBJECT. COMPARABLE 42 IS SITUATED NEAR THE SUBJECT PROPERTIES. THIS SALE IS CONSIDERED INFERIOR TO THE SUBJECT AS ITS TOPOGRAPHY IS STEEP IN PARTS WITH INFERIOR SIDNEY ROAD FRONTAGE , COMPARABLE 43 IS LOCATED SEVERAL MILES FROM THE SUBJECT, BUT DOES SHARE- IDENTICAL ZONING ATTRIBUTES WITH THE SUBJECT AS WELL AS A LOCATION JUST OUTSIDE CITY OF PORT ORCHARD LIMITS ON AN ARTERIAL. THIS PARCEL TOPOGRAPHY IS SUPERIOR TO THE SUBJECT. GROSS SALES PRICES FOR THESE COMPARABLCS RANGE FROM $1.19 PER SQUARE FOOT FOR THE INFERIOR COMPARABLE #2 TO $2.10 AND $2.30 PER SQUARE FOOT FOR SUPERIOR COMPARABLE SALES 41 AND 3, THE FINAL ESTIMATE OF VALUE IS 13ASE➢ ON AN ESTIMATE OF $2.00 PER SQUARE FOOT FOR THE TWO PARCELS TOTALING 46,085 SQUARE FEET OR 592,170 ROUNDED TO $92,000. PUGFd' SOUND APPRAISAL COMPANY WAMBOLD SITE PLAN Bonowar ar Owner UrSAPCOUNTY ___ Property Addresg TI-1)r A300 6LpCK OF Sii]NEY ROAD SW. NO ADD RESS ASSIGNED. city POR'rORCI�ARp Codnty [�17SAP �_� SFale Wp �.�.___ Zlpcode L-d.,.1 Client CI.IF'NT-MATTWAAdlznln __...,�. 98367 i 6 f / LOT 6 D LOT A / J S.P. #2762 > SIDNE`� ANNEXATION tU LOT B s.P.42752 (438,977 s.f.) 'ACA o N EST PORTIONS OF SECTIONS 2 & 3, T23 N, R 9 E, WX, KITSAP COUMY, WASHINGTON PUGHT SOUND APPRAISAL COMPANY File No NORTH ON Si)NEY RD f0 POTTERY AVENl3E AND HWY 16 OVERPASS. IIWY I6IS NORTH AND EAST OF THE SUBJECT, 9 WAMBOL➢ PUGET SOUND APPRAISAL COMPANY wAMBOLt} He N. one This appraisal report is subject to the scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and rertfflrations. The appraiser may expand the . scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment: SCOPE OF WORK: The scope of .work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the fo€towing definition of market value, statement of assumptions and Wiling conditions, and cerlificafions. The appraiser must, at a minimum: (1) perform a complete visual inspection of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from retiable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sate, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specilied date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normat consideration Tor the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sate. "Adjustments to the comparab€es must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by setters as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can he made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraisers judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's cedification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the prop" being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title, 2, The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subjecf site is located in an identified Special Hard Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless speck arrangements to do so have been made beforehand, or as otherwise required by taw. 4. The appraiser has noted in this appraisal report any adverse conditions (such as the presence of . hazardous wastes, toxic substances, etc.} observed during the Inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent deficiencies or adverse conditions of the property (such as, but not limited to, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property foss valuable, and has assumed 'that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as on environmental assessment of the property. ............... Page 2 of PUGET SOUND APPRAISAL COMPANY WAMBOLD 2iM APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope Of work requirements staled in this appraisal report. 2. 1 performed a complete visual inspection of the subject property 3. 1 . performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were . in place at the time this appraisal report was prepared, 4. 1 developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. i have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. 1 researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. 1 researched, verified, analyzed, and reported on the prior safes of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. 1 selected and used comparable sales that are locationaliy, physically, and functionally the most sfmilar to the subject property. 8. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. r 9. 1 verified, from a disinterested source, ail information in this report that,,was;.,provided..by padies .uvho have a fnancial interest in. the sale of the subject property: 10. 1 have knowledge and experience in appraising this type of property in this market area. 11. 1 am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 12. 1 obtained the information, estimates, and opinions famished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 13. 1 have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject properly to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the researoh involved in performing this appraisal. t have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 14. 1 have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 15. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 16. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 17. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting] a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event. 18. f personally prepared all conclusions and Opinions about the real estate that were set forth in this appraisal report. If I relied on significant read property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of This appraisal report, i have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made 10 this appraisal is unauthorized and I will take no responsibility for it. 19. 1 identified the client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. 20. 1 am aware that any disclosure or distribution of this appraisal report by me or the client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the uniform Standards of professional Appraisal Practice. that pertain to disclosure or distribution by me. 21. if this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state taws (excluding audio and video recordings), or . a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my originat hand written signature. Fage 3 of 4 PUGET SOUND APPRAISAL COMPANY WAMBOLD -SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. 1 accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification, 3. The appraiser identified in this appra€sai report is either a sub -contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable stale law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record' containing my "electronic signature," as those terms are defined in applicable federal and/or state laws {excfuding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shal€ be as effective, enforceable and valid as if a paper version of ibis appraisal report were delivered containing my original hand written signature. APPRAISER Signature�� Name Daniel R. Catnan Company Name PUGET SOC ND APPRAISAL COMPANY Company Address 4887 NW BRYCE COURT SILVE_RDALE. WA 98383 Telephone Number 360-692-2727 Email Address Date of Signature and Report OCfOBER 30, 2008 Effective Date of Appraisal OCfOBER 272008 State Certification # 1100428 or State License # _ �— or Other State 9 State WA CERTIFIER GENERAL REAL ESTATE APPRAISER Expiration Date of Certification or License 06/19/2009 ADDRESS OF PROPERTY APPRAISED THE 4300 BLOCK OF SIDNEY ROAD SW. NO ADDRESS ASSIGNED. PORT ORCHARD. WA 98367 — APPRA€SED VALUE OF SUBJECT PROPERTY s yam, 400 _ CLIENT Name MR. MATT WAMBOLD Campany Name CLWNT:MAT_T_WAMBOLD Company Address Ema11 Address i SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Name Company Name Company Address Tetephone Number Email Address Date of Signature State Certification # _............ or State License # State __...._.._ Expiration Date of Certification of License SUBJECT PROPERTY Did not inspect subject property i . _''. Did inspect exterior of subject property from street Date of Inspection _ Did inspect interior and exterior of subject property Date of Inspection COMPARABLE SALES J Did not inspect exterior of comparable sales from street F--71 Did inspect exterior of comparable safes from street Date of Inspection Page 4 of 4 PUGET SOUND APPRAISAL COMPANY , WAMBOLD File No.Sp7g F I I .R E A -A[31C E3VC]UM; , Borrower or pwaer KC7SAP COUNTY ' Properly Addreas THE 3304 Bi.00K OF SCDNEY ROAD SW. NO ADDRESS ASSIGNED. �Y � City PORTORCH&RD coumr KITS AP state WA zip cede 48367 -� Lenderorch— CI_.IENT:MATT WAMIIOLD — Purppse of the.�ilppraisa6 l tiE Pi RPO5E OF TH[S�APPRAI3AL IS�3'O DE�'I AMINE THE-_tv1ARKET VALUE pl TFIE SC BIECT PROPERTY Al I�LFINED IN TIIG ATTACHED CERTIFICA"r10N AND STATL ELNT OF LIMITING CONDITIONS —SO LY AND EJ=CLUS]V ,LY FOR I SC TH1: LEN DE 1tICLIENT FOR ;[FEE PURPQSFS STAT'£D IN THE APPRAISAL It£OUEST. Sc..ops of Walk, f PROPERLY iDE ,jL-;Y THE EAT, GSTAT'E AND INTE1, ST BEING APPRAISED. I 2) VISIT -THE PROPERTY AND) RESEARCH ALL AVAILABLE ANp RELlAI3LG DATA FQR SIMILAR RF,CEN'[' SALES THAT WOLJLD COMPETE WITH Tll£ SUBgQr PROPERTY CN THE MARKET PLACE. THIS DATA WAS, TFI£N ANALYZED TU DE'i ERMINE,YIARI£El TRE1rD5. INFLUENCES ANI) OTHER SIGNIFICANT FACI;ORS PER'T11 LN1i'O THE SUI3J,EC"r PROPERTY. 3ZA OE'i'AILFD ANALYSIS OF TT{E iv105T COMPARABLE PROPEiLTIES WAS THEN COMPLETED AND DESCRIBED IN DETAIL !IN THE FORK€ OF A URAl2 FORM REPOKL TO ARRIVE AT A CONCLUSION OP MARKET VALUE FOR TFIE SUB]EC"r PROPERTY AS -LEGALLY DESCRIBED IN THE REPORT. Repo�f of the griar,el',sal htstoryfir the supJeCt prnpgC�Y , Is the subject property nu renlly listed? , Yes X Na List Price: S Has the property sold dufing the prior 3yeats? Yes L }(s No Wpas, describe heipw ANY CER2ENT LISTING QR PENDING SALE [NFORMATIQN MAI]E AVAILABLE TO THIS APPRAISER FOR THE SUBJECT PROPERTY HAS BEEN ANALYZED, IN ACCORDANCE, W1TI11'ROPESSIUNAL STANDARDS. THE TRANSACTION AVPEARS'TO BE WITHIN THE CURRENT NORMAL MARKET PARAMETERS ANp CONDITIONS THAT ARE NOTED 1N TI]E REPORT. What is your estimate of rnarhating time for the subject property? _ months Describe below t!>E basis (rationale) for your estimate? BASED ON TREND ANALYSISS AOCAL MULTIPLE LISTING SERVICL STATI5TICAI. DATA AND NEIGHBORHOOD INFORMATION. IT iS THE -APPRAISERS OPINION THAT THIS PROPERTY S1{OULD SELL FOR THE APPRAISED VALUE IN A TIME PERIOD - 6 TO 12 MONTHS WITH APPROPRIATE MARKETING TECHNiOUES. TRENDS IN T'HE AREA AS REVEALEIJ BY MULTIPLE LISTING _ SI'ATIS'fICS. COUNTY ASSESSORS DATA AND IN .. JSE DATA FILES SHOW MODERATELY APl'RF3CIA'1l'NOyIARKG"C VALUES GENERALLY STABLE VA( 1NCY RATES. NO INCREA5TNG USE OF SALES OR RENT CONCESSIDEVS AND GENERALLY STABLE LISTING ACTIVITY AND SUPPLY, Non -real ,foperty,trangfers, . Does the transaction involve the transfer of personal property, fixtures, or irtanglbles that are not reef property? Yes X No 1f yes, provide dascrlp7lan and valueGdn below. NO PERSONAL PROPERTY, FIXTURES OR iNTANIBLE ITEMS ARE INCLUDED IN THE ESTIMATE OF MARKET VALUE. 77 A_dtjifiunal Cp>rnertts _ THE SUBJECT PROPERTY IS NOT NOW RENTED OR PRODUCING INCOME. AND TO THE BESTOF MY KNOWLEDGE NO, IKQME PRODUCING PURPOSES ARE ANTICIPATED, THE APPRAISER HAS (MADE A REASONABLE EFFORT TO EMPLOY THE THREE RECOGNIZED APPROACHES TO VALUE. SINGLE FAMILY RESIDENCES ARE LESS FREQUENTLY PURCHASED FOR INCOME PRODUCING PURPOSES. MAKING THIS APPROACH LESS INDICATIVE OF MARKET VALUE. AS THIS IS A MOSTLY OWNER OCCUPIED MARKET WITH LITTLE RENTAL DATA. THE INCOME APPROACH WAS NOT USED, QdditioRal Gelfdfi�a�lan,. 1. The acceptance of this appraisal axsignment by the appraiser was not based on a requested minirrrum veEuaGon, a spetlfied valuatlnn, or an approval of iha loan. 2. the appraiser certifies that the compensallon for ,this appraisal is not ddntingeni upon the repodtng of a predetermined value or direction in value Met favors r#te cause or the dieett, the amount of ilte value estimate, the attalnrneot of a stipulated result of the occurrence of a subsequent event. 3. Ptis appraisal has oeea prepared In ant —with the tlnFarm Standards of Pmressionas Appraisal praclice ('USPAP") adopted by the Appraisal Slandards Board of the Appraisal foundation, except the Depadure Provision, unless otherwise stated below. 4. The appraiser has disclosed within this appraisal tenon, or below, at, step$ taken chat were necessary or appropriate to comply wilh the Competency provision of the USPAP. APPRAISER ASSUMES THAT ANY PARTY IN POSSESSION OFTHIS REPORT IS AWARE OF 1) -THIS APPRAISAL IS AN ESTIMATE _aF MARKET VALUE ONLY, NO"HOME 3NSPEG'TION" WAS DONE�THIS APPRAISAL DOES NOT SERVE AS A WARRANTY OR _ REPORT ONTHE CONDITION OF THE PROPERTY, AND IS. NOT A "HOME INSPECT, ION" REP09T. 2�IT IS 'THE RESPONSIBILITY OF ANY PARTY IN INTEREST TO EXAMINE THE PROPERTY CAREFULLY AND TO TAKE ALl, NECESSARY PRECAUTIONS PRIOR TQ ENTERING INTO ANY BINDING AGREEMENT; IT IS ALWAYS RECOMMENDED THAT ANY PURCHASER OBTAIN A "HOME INSPECTION INEPORT' PROM A PUBLIC ENGINEER PRIOR TO ENTERING INTO ANY AGREMENT TO PURCHASE, AND CON_SU_LT WITH LEGAL COUNSEL PRIOR TO ENTERING INTO ANY BINDING AGREEMENT; 3} A7JY OPINIONS CONCERNING NEEDED. OR _ESTIMATES FOR. REPAIRS ARGNGN-WARRANTED OPINION OF T11E APPRAISERt AND ARE PROVIDED FORTHE CON V_ENIENCE ONLY OF THE CLIENT OF THE APPRAISER; 4) TI)E APPRAISERS CLIENT IS TI{E [NDIVIDU'AL OREERING THE REPORT, REGARDLESS OF WHO PAID FOR THE REPORT; WHO IS "rHL LEGAL OWN '= OR WHO HAS A COPY OF THE REPORT. Oaln, OCJ'QBER 30, 2008 Appralsertsl: __ - IDANIEL R. CALNAN - Date_ Review Appraiser{sE: farm 9$3 PUGE.T SOUND APPRAISAL COMPANY 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 6B Subject: Public Hearing Regarding Annexation of Sedgwick/Bethel Parcels Meeting Date: January 13, 2009 Prepared by: James Weaver Development Director Atty Routing No: N/A Atty Review Date: N/A Summary: Twenty property owners, represented by Jim Miller, submitted a Petition for Annexation on January 9, 2009, to annex thirty-nine parcels which total approximately 64 acres, and the associated rights -of -way, located in the vicinity of the intersection of Sedgwick Road and Bethel Road, in Sections 1, 2, 11, and 12 of Township 23N, Range 1E, W.M. (Tax Parcel Nos. 012301-3-129-2007, 012301-3-128-2oo8, 022301-4-oo6-2002, 022301-4-035-2007, 022301-4- 037-2005, 022301-4-039-2003, 022301-4-040-2000, 022301-4-040-2109, 022301-4-041- 2009, 022301-4-042-2oo8, 022301-4-048-2002, 022301-4-055-2002, 022301-4-071-2002, 022301-4-074-2009, 022301-4-087-2004, 022301-4-088-2003, 022301-4-089-2002, 022301- 4-094-2005, 022301-4-108-2009, 022301-4-109-2oo8, 022301-4-110-2005, 022301-4-111- 2004, 022301-4-112-2003, 112301-1-018-2003, 112301-1-019-2002, 112301-2-053-2oo6, 112301-2-o63-2004, 112301-2-o64-2003, 122301-2-o87-2oo6, 122301-2-088-2005, 122301-2- o89-2004, 122301-2-090-2001, 122301-2-091-2000, 122301-2-092-2009, 112301-1-017-2004, 112301-1-o16-2005, 112301-1-015-2oo6, 112301-1-014-2007, 112301-1-013-2oo8, and 112301-2- 093-2oo8). The parcels either contain existing Commercial uses, or the owners intend to extend additional commercial uses on their parcels. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2oo6 with a County Comprehensive designation of Urban High -Intensity Commercial/Mixed Use and zoning of Highway Tourist/Commercial. One parcel, 022301-4-035-2007, has a County Comprehensive Plan designation and zoning of Urban Low residential. The applicants are requesting to be annexed with City comprehensive plan and zoning designations of Commercial. The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City Council at a regularly scheduled meeting held on October 14, 2008. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The applicants submitted the formal Petition for Annexation from November 26, 20o8 up to January 9, 2009. A programmatic Determination of Non -Significance (DNS) was issued on January 9, 2009, with the comment period ending February 2, 2009. RCW 35.13.178 requires the Council to hold two public hearings before adopting pre -annexation comprehensive plan and zoning designations. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. As stated in the Port Orchard Comprehensive Plan, all land use designations for areas inside the urban growth boundary but outside incorporated City limits are determined by Kitsap County. The City of Port Orchard will provide designations for these parcels if and when they are annexed into the City limits. The land use designations for newly annexed parcels will be given the most similarly corresponding designation which the parcel(s) had under County jurisdiction. The land use element of the City's Comprehensive Plan provides that areas designated commercial and outside of the central business district shall have adequate water, sewer and drainage services and should have at least three of the following characteristics: 1. Existing legal commercial use; 2. Existing commercial uses with access to a major arterial through use of a collector street; 3. Demonstrated need for commercial service of type proposed; 4. Existing natural buffer between other designations; 5. Area suitable for development with adequate buffers through appropriate design. Recommendation: Open the Public Hearing for designation of Zoning and Comprehensive Land Use designations upon annexation. Take no action. Fiscal Impact: None Alternatives: Do not open the public hearing Attachments: Legal Description Map Petition for Annexation Public Hearing Item 6B (Annexation of Sedgwick/Bethel Parcels) 2 Introduced by: City Attorney Requested by: City Attorney Drafted by: City Attorney Introduced: January 13, 2009 Adopted: ORDINANCE NO. 001-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING A NEW CHAPTER 2.82 OF THE PORT ORCHARD MUNICIPAL CODE ENTITLED "COUNCIL WARDS" DIVIDING THE CITY INTO THREE COUNCIL WARDS AND ESTABLISHING BOUNDARIES FOR EACH WARD WHEREAS, the City Council finds that the City government must be representative of the interests of its citizens; and WHEREAS, the City Council finds that the division of the City into three wards pursuant to RCW 35.23.051 will best provide a means for electing councilmembers to represent the interests of the citizens; and WHEREAS, pursuant to RCW 29A.76.010, full and reasonable public notice of this ordinance was provided; and WHEREAS, first reading of this Ordinance occurred on November 12, 2008, at which a public hearing was held; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The Port Orchard Municipal Code is hereby amended by adopting a new Chapter 2.82 entitled "Council Wards" to read as follows: Chapter 2.82 Council Wards Sections: 2.82.010 Division into Wards. 2.82.020 Wards — Boundaries. 2.82.030 Council Positions — Designation to Each Ward and Elections. 2.82.040 Change of Ward Boundaries. 2.82.050 Boundary Map — Official Record. SECTION 2. The Port Orchard Municipal Code is hereby amended by adopting a new section 2.82.010 to read as follows: Ordinance No. 001-09 Page 2 of 4 2.82.010 Division into Wards. The City of Port Orchard is hereby divided into three wards, the boundaries of which shall be designated in this Chapter. SECTION 3. The Port Orchard Municipal Code is hereby amended by adopting a new section 2.82.020 to read as follows: 2.82.020 Wards — Boundaries. (1) Ward One - All that territory south and west of the following boundary line: Starting at the intersection of Tremont and Highway 16, east on Tremont to Sidney Avenue, south on Sidney to Fireweed Road, east on Fireweed to Sherman Avenue to end of Sherman Avenue, continuing south and terminating at Highway 16; all that territory east of Highway 16 and south of Sedgwick Road; and all that territory south of Berry Lake Road and west of Highway 16. (2) Ward Two - All that territory north and west of the following boundary line: Starting at the northern terminus of Sidney Avenue, south on Sidney to Melcher Street, west on Melcher to Garrison Avenue, south on Garrison to South Street, west on South Street to Flower Avenue, south on Flower Avenue to Tremont Street, west on Tremont/Old Clifton Road to city boundary; and all that territory north of Berry Lake, west of Highway 16, and south-east of Old Clifton Road. (3) Ward Three - All that territory east and north of the following boundary line: Starting at the northern terminus of Sidney Avenue, south on Sidney to Melcher Street, west on Melcher to Garrison Avenue, south on Garrison to South Street, west on South Street to Flower Avenue, south on Flower Avenue to Tremont Street, east on Tremont to Sidney Avenue, south on Sidney to Fireweed Road, east on Fireweed to Sherman Avenue, south to the end of Sherman Ave and continuing south to Highway 16, south east along Highway 16 to Sedgwick Road, east on Sedgwick to city boundary. SECTION 4. The Port Orchard Municipal Code is hereby amended by adopting a new section 2.82.030 to read as follows: 2.82.030 Council Positions — Designation to Each Ward and Elections. (1) Pursuant to RCW 35.23.051, the City Council designates the following council positions to each ward as defined herein: a) Council Positions 1 and 2 — Ward One b) Council Positions 3 and 4 — Ward Two c) Council Positions 5 and 6 — Ward Three d) Council Position 7 — At Large (2) Elections — With the exception of Council Position 7, only voters residing within the ward may vote at a primary election to nominate candidates for a councilmember of the ward. Each councilmember shall be voted upon by all registered voters in the City in the general election. Ordinance No. 001-09 Page 3 of 4 (3) Persons elected to Council Positions 1-6 must reside within the ward to which their position is designated. The person elected to Council Position 7 may reside anywhere in the City. (4) Council positions 2, 3, and 6 shall be elected in 2009 and every four years thereafter; Council positions 1, 4, and 5 shall be elected in 2011 and every four years thereafter; and Council position 7 shall be elected in 2009 and every two years thereafter. (5) The removal of a councilmember from the ward for which he or she was elected shall create a vacancy in such office. SECTION S. The Port Orchard Municipal Code is hereby amended by adopting a new section 2.82.040 to read as follows: 2.82.040 Change of Ward Boundaries. (1) Pursuant to RCW 35.23.051 and RCW 29A.76.010, the boundaries of any ward may, from time to time, be adjusted to reapportion the population of the wards or when additional territory is annexed into the City. (2) No change in the boundaries of any ward shall be made within one hundred twenty (120) days before the date of a general municipal election, nor within twenty (20) months after the wards have been established or altered. However, if a boundary change results in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant. (3) Additional territory that is added to the city shall, by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. (4) Pursuant to RCW 29A.76.010(5), during the adoption of an ordinance adjusting the boundaries of any ward, the City shall ensure that full and reasonable public notice is provided and that at least one public hearing is held at least one week before the ordinance is adopted. SECTION 6. The Port Orchard Municipal Code is hereby amended by adopting a new section 2.82.050 to read as follows: 2.82.050 Boundary Map — Official Record. (1) For purposes of providing a public record of the location and boundaries of designated wards as described in POMC 2.82.020, an official map depicting the location and boundaries of wards shall be filed and maintained with the City Clerk as an official record of the City's wards. (2) Any change or adjustment to the ward boundaries pursuant to POMC 2.82.040 shall be accompanied by an updated map that reflects the new boundaries of each ward. Ordinance No. 001-09 Page 4 of 4 SECTION 7. Pursuant to Section 6 of this ordinance, attached hereto and incorporated by reference is Exhibit A. Exhibit A is the official map of the location and boundaries of designated wards as described in Section 3 of this ordinance. SECTION 8. 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 9. 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 13th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia j. Kirkpatrick, City Clerk APPROVED AS TO FORM: Sponsored by: Greg A. Jacoby, City Attorney Fred Olin, Councilmember City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Meeting Date: Subject: Adoption of Ordinance No. oo1-o9, Prepared by: Establishing Council Districts Atty Routing No: Atty Review Date: January 13, 2009 Greg Jacoby City Attorney 168-o8 November 6. 2008 Summary: Earlier this evening a second Public Hearing was held by the City Council on Ordinance No. oo1-o9. A previous Public Hearing was held pursuant to RCW 29A.76.010(5) and more than five days have passed since that hearing was held on November 12, 2oo8. As noted in the staff report for the Public Hearing Item 6A, there is one minor change that needs to be made to the proposed map of Wards 1 and 3. The correction needs to occur at the Southern tip of Sherman Avenue where the dividing line between Wards 1 and 3 should continue from Sherman Avenue South to Hwy 16. Recommendation: Adopt Ordinance No. oo1-o9 Motion for consideration: I move to approve Ordinance No. oo1-o9, with Maps reflecting the correct boundaries to Ward 1 and Ward 3 as described in Section 3. Fiscal Impact: Unknown Alternatives: Take no action Attachments: Ordinance No. oo1-o9 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: Subject: Appointment of Mayor Pro-Tempore Prepared by: For 2009 Atty Routing No: Atty Review Date: January 13, 2009 Patti Kirkpatrick, CMC City Clerk/Asst to Mayor NA NA Summary: According to RCW 35.23.191 the City Council at their first meeting of each calendar year shall appoint a Mayor Pro-Tempore from the current Councilmembers. RCW R5.2R.igi reads: City council -- Mayor pro tempore. The members of the city council, at their first meeting each calendar year and thereafter whenever a vacancy occurs in the office of mayor pro-tempore, shall elect from among their number a mayor pro-tempore, who shall hold office at the pleasure of the council and in case of the absence of the mayor, perform the duties of mayor except that he or she shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of mayor, the city council at their next regular meeting shall elect from among their number a mayor, who shall serve until a mayor is elected and certified at the next municipal election. The mayor and the mayor pro-tempore shall have the power to administer oaths and affirmations, take affidavits and certify them. The mayor or the mayor pro- tempore when acting as mayor shall sign all conveyances made by the city and all instruments which require the seal of the city. Recommendation: Elect a Mayor Pro-Tempore for 2009. Motion for consideration: I move to elect as the Mayor Pro-Tempore for 2009. Agenda Item No. Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Business Item 7D Discussion: Truck and Snow Plow Replacement Meeting Date: January 13, 2009 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: NA NA Summary: On January 7, 2009, the City of Port Orchard Finance Committee reviewed and discussed several truck and snow plow replacement options (both new and used) for the truck (1984 GMC) and plow that ceased operating during the 2oo8 Winter Storm. The 1984 GMC is currently owned by Water/Sewer and is proposed to be replaced from the Water/Sewer Operating Fund. The snow plow is proposed to be replaced from the Cumulative Reserve for Equipment Replacement Fund (Street Category). The Finance Committee directed staff to pursue new equipment replacement over used. Therefore, please find the following associated estimates: Truck Chassis & io-CY Dump Bed: 2009 International 7400, 310 HP to-CY Dump Bed Snow Plow• American Snow Plow #3910 $83,455.10 (incl. tax) $41 071.64 (incl. tax) $124,526.74 $12,871.47 (inc. tax) TOTAL NTE $125,500 NTE $ 13,500 NTE $139,000 Recommendation: Staff requests authorization from Council to proceed with the purchase of the equipment listed above. Fiscal Impact: Water/Sewer Operating Fund for Truck Chassis & 10-CY Bed NTE $125,500 Cumulative Reserve Equipment Replacement Fund Snow Plow NTE $13,500 Note: Budget amendment documents will be provided to Council in near future Attachments: Estimates PRESENT: Lary Coppola, Mayor Councilmembers: Mayor and Putaansuu ABSENT: Councilmember Olin City of Port Orchard City Council Work Study Session Minutes December 16, 2008 Pro-Tem Clauson, Chang, Childs, Colebank, Powers, ALSO PRESENT: City Treasurer Tompkins, Development Director Weaver, Public Works Director Dorsey, City Attorney Jacoby, City Clerk Kirkpatrick, and Deputy Clerk Rinearson. Update: McCormick Woods Development Director Weaver met with Jim Avery, Kitsap County Assessor's office to discuss the process to evaluate the petitions consistency and validation of property values of petitions received to date. The City staff will move forward in verifying each petition parcel number and move closer to annexation. Dates for 2009 Council Retreat After a brief discussion, the Council determined it will hold a Retreat on Saturday, January 10, 2009, at 10:00 a.m. at Sweeny's Place, across the street from the Port Orchard Yacht Club, in order to set goals for the upcoming year. Newspaper Contract City Clerk Kirkpatrick announced the Port Orchard Independent will be going to one publication a week, which may cause a conflict with the timing of SEPA and land use actions. In response to Councilmember Clauson's request, Development Director Weaver will keep track of any issues that may arise with the result of reduction in publications. City Fiber -Optic Update: City Treasurer Tompkins noted that Kitsap County wanted to extend the Fiber-optic from City Hall to the Child Protection Agency building. The current arrangement with the County has allowed City staff to utilize Municipal Court video arraignment, advanced firewall protection, high speed internet, block of IP address, and web -based programs. The upgrade of the system will be at the County's cost and will allow the City and County to continue a strong working relationship. Police Department Grant Money: City Treasurer Tompkins noted unspent Homeland Security funds were returned to Washington State Patrol, which in turn made additional funds available to the City. We will purchase stabilizing binoculars for the Police Boat, which cost approximately $1,200. December 16, 2008 Work Study Session Page 1 of 3 Public Defender Contract City Clerk Kirkpatrick noted Todd Buskirk of Buskirk Law Firm, PLLP was the interview panel's top choice and the Mayor negotiated a monthly rate not to exceed $6,400. The Council directed staff to place the contract on the December 23, 2008, Consent Agenda. Update: Comprehensive Plan Development Director Weaver noted the final ordinance for the Comprehensive Plan has been updated and ready for signature. The GIS map will be ordered and ready for distribution prior to the end of the year. Executive Session to Discuss Potential Litigation in Accordance with RCW 42.30.110(1) At 7:44 p.m. Mayor Coppola recessed the meeting for a 40-minute executive session regarding potential litigation in accordance with RCW 42.30.110(1)(a) and announced no action will be taken as a result of the executive session. At 8:37 p.m. Mayor Coppola reconvened the meeting after a five-minute recess. Park and Facilities Division Public Works Director Dorsey voiced the need to have a Parks and Facility Department in order to keep up with the annexations of McCormick Woods and Bethel Corridor and suggested the Council begin considering formation of a Parks and Facility Department during the 2009-2010 budget cycles. BHC Consultants Change Order No. 1 Public Works Director Dorsey noted that there was additional work in the total contract amount, which was budgeted for $55,000, but the contract only showed $50,000. Change Order No. 1 will increase the contract by $5,000, as originally budgeted for and would be on the December 23, 2008, agenda. Tremont Medical 2-Way Turn Lane Public Works Directory Dorsey advised the Tremont Medical Center 2-way turn lane is a temporary fix and documents the City's prior commitment. Once Tremont is widened, the City will renegotiate the turn lane. The Public Property Committee discussed the turn lane and recommended the Council accept the proposed solution. Tremont Widening Proiect Public Works Director Dorsey will be meeting with the State and Local Programs Coordinator to review the proposed project and stated that the City will possibly request new bids in January 2009, for engineering. The Council directed that Tremont Widening be on future work study agendas for project updates. Park Impact Fees The Council directed staff to prepare a comparison of what other jurisdictions have implemented for all impact fees and to draft an ordinance for review at the January 20, 2009, Work Study Session. December 16, 2008 Work Study Session Page 2 of 3 Fiscal Plan for Bethel Avenue Councilmember Putaansuu explained that with the proposed annexation of Bethel Road, it was timely to consider implementing a road improvements plan utilizing a portion of sales tax revenue to help the City invest in the future. This item would be discussed in more detail at future Work Study Sessions. Blackiack Terrace In response to Development Director Weaver's request as to whether or not the Council will consider the rezone request, the Council directed staff to prepare a comparison of the number of houses versus apartments in the City within this proposed area. Zoning Tables for R-20 After a brief discussion, the Council did not see a need to pursue this matter further as it would be handled as part of the Conditional Use Permit process. Update HVAC: Public Works Director Dorsey explained that the low bidder was a company in Bothel and staff would be recommending the Council award to the low bidder at the December 23, 2008, meeting. Dekalb Street Right-of-Wav: Public Works Director Dorsey explained that the previous City Engineer allowed the owner of 410 Cline to build a rockery in the City's right-of-way and requested direction on how to proceed. After a brief discussion, the Council directed staff to place this item on the December 23, 2008, consent agenda. Council Policy and Procedures City Clerk Kirkpatrick explained that at a previous request of the Council, her office was preparing a policy and procedures manual for Council's review at their retreat. Next Work Study Session- Tuesday, January 20, 2009 At 9:57 p.m. the meeting was adjourned. Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor December 16, 2008 Work Study Session Page 3 of 3 City of Port Orchard Council Meeting Minutes Regular Meeting of December 30, 2008 7:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tem Clauson, Chang, Childs, Colebank, Powers, and Putaansuu ABSENT: Councilmember Olin, excused ALSO PRESENT: City Treasurer Tompkins, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, Assistant City Engineer Archer, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Bill Palmer led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Todd Buskirk thanked the Council for the opportunity to provide public defender services on behalf of the City and looked forward to working with Judge Decker and staff. Judd Turner, President of Sidney Art Museum Association, voiced concern that the museum was unaware of the proposed parking garage and library project and encouraged the Council to include them in future discussions and noted that the museum is one of the oldest buildings in Port Orchard and is the only public museum in South Kitsap County. Richard A. Brown voiced concerns regarding the proposed Bethel annexation, noting the area is very congested and inquired if the Council had begun work on how to manage the existing congestion as well as future congestion. APPROVAL OF AGENDA Councilmember Childs moved and Councilmember Putaansuu seconded the motion to approve the Agenda. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Minutes of the December 9, 2008, City Council Meeting C. Adoption of Ordinance No. 045-08, Amending the 2008 Budget D. Adoption of Ordinance No. 046-08, Amending the 2008 Budget and Authorizing Transfer of Funds Minutes of December 30, 2008 Page 2 of 9 E. Adoption of Resolution No. 056-08, Authorizing the Mayor to Sign Contract for HVAC Maintenance of City Hall and Library F. Adoption of Resolution No. 062-08, Authorizing the Mayor to Sign Public Defender Services Contract G. Adoption of Resolution No. 063-08, Authorizing the Mayor to Sign Contract with NL Olson & Associates, Inc. for Tremont Medical Complex Left Turn Lane H. Adoption of Resolution No. 064-08, Authorizing the Mayor to Sign Contract with Kitsap County Regarding Incarceration of City Prisoners I. Authorization for Public Works Director to Issue McMurray Letter Granting Permission to Build within the Dekalb Street Right -of -Way EXECUTIVE SESSION At 7:07 p.m. Mayor Coppola recessed the meeting for a thirty -minute executive session regarding potential litigation in accordance with RCW 42.30.110(1)(A). City Attorney Jacoby, Development Director Weaver, and the Public Works Director Dorsey were invited to attend and the Mayor announced that no action will be taken as a result of the executive session. PUBLIC HEARINGS Public Hearing on Adoption of Ordinance No. 047-08, Approving the Annexation Request for the Jahnke-Beihl Property Development Director Weaver presented the staff report, noting the applicants submitted a Petition for Annexation on June 27, 2008, to annex three parcels totaling approximately 5.29 acres and the associated public access easement, located in the vicinity of Mile Hill Drive and Payseno Lane, adjacent to and south of Mile Hill Drive. The site is adjacent to a Commercial zoned area and the applicant intends to extend additional commercial uses on this property. Kitsap County incorporated this property into the City's Urban Growth Area as part of the 10- year update of the Kitsap County Comprehensive Plan in December 2006 with a County Comprehensive Plan designation of Urban High Intensity Commercial/Mixed Use and zoning of Highway Tourist Commercial (10-30 DU/Ac). The applicant is requesting to be annexed with the City's Comprehensive Plan and zoning designations of Commercial. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:37 p.m. Public Hearing on Adoption of Ordinance No. 048-08, Approving the Annexation Request for the Sidney and Berry Lake property Development Director Weaver presented the staff report, noting the applicant submitted a Petition for Annexation on October 20, 2008, to annex five parcels totaling approximately 5.87 acres and the associated rights -of -way, located in the vicinity of Sidney Avenue and Berry Lake Road, adjacent to and west of State Highway 16 SW. The parcels are adjacent to a Commercial zoned area and the applicant intends to extend additional commercial uses on this parcel. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2006 with a County Comprehensive designation of Urban High Intensity Commercial/Mixed Use and zoning of Highway Tourist Minutes of December 30, 2008 Page 3 of 9 Commercial. The applicant is requesting to be annexed with the City's Comprehensive Plan and zoning designations as Commercial. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:39 p.m. Public Hearing on Adoption of Ordinance No. 049-08, Approving the Seabeck Pizza Rezone City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. City Attorney Jacoby asked if any Councilmember had any ex parte communication with anyone regarding this application. There was no response from any Councilmember. City Attorney Jacoby further asked if any Councilmember had any financial interest in this property, with the applicant or representative of the applicant, either directly or indirectly relating to the property involved. There was no response from any Councilmember. City Attorney Jacoby asked if any Councilmember had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. There was no response from any Councilmember. City Attorney Jacoby asked if any member of the audience felt any of the Councilmembers should not participate in the hearing. There was no response from any audience member. Development Director Weaver presented the staff report, noting the applicant applied for a rezone of a 1.7 acre parcel located near the intersection of Sedgwick Road and State Route 16 from Employment Industrial Office (EO) to Commercial Retail Office (CO) zoning. The property is located west of Lowe's, with approximately 600 feet of frontage along Sedgwick Road. Much of the property is encumbered by a Type II wetland that extends offsite near Blackjack Creek. The Planning Commission held a Public Hearing on November 17, 2008, and recommended approval of the proposed rezone with conditions as listed in Planning Commission Resolution No. 010-08. In response to Councilmember Chang, City Attorney Jacoby concurred that the seven conditions listed in Planning Commission Resolution No. 010-08, were reasonable. At 7:49 p.m. Mayor Coppola opened the Public Hearing. William Palmer, representing the applicant Nick Reynolds, provided a brief history of the Seabeck Pizza project to the Council and voiced his concerns with the Planning Commission's conditions: 1. Condition No. 10, Mr. Palmer voiced concern that Lowe's was not negotiating with the applicant regarding easement access between Lowe's and the proposed Seabeck Pizza parcel. 2. Condition No. 22, Mr. Palmer requested clarification as to the extent of the traffic analysis and why a Geo-Tech report was being required. Minutes of December 30, 2008 Page 4 of 9 Nels Rosendahl, Engineer for Seabeck Pizza, explained that he understood that a traffic analysis would be appropriate, but objected to a full traffic study and asked the Council to change the condition to read soil analysis in lieu of a Geo-Tech report. The applicant Nick Reynolds explained that he has acted in good faith with Lowe's in trying to reach final agreement regarding the easement access between the two parcels; however, he has not received any offers from Lowe's. At this time, Mr. Reynolds declined to state how the building would be used and whether a portion of the building would include professional office space. Public Works Dorsey noted the purpose of the Geo-Tech report is to protect the property owners to ensure the soil will be able to withstand the weight and pressure of the proposed building. In addition, Geo-Tech reports and Traffic studies are handled on a property by property basis, noting it would be in the applicant's best interest to negotiate with Lowe's, which in turn will help reduce the traffic hazards associated with inserting another turn lane in Sedgwick Road. There being no further testimony, Mayor Coppola closed the Public Hearing at 9:03 p.m. NEW BUSINESS Adoption of Ordinance No. 047-08, Approving the Annexation Request for the Jahnke- Beihl Property Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening regarding City Council Ordinance No. 047-08, regarding the annexation of three parcels that total approximately 5.29 acres and the associated public access easement, at the request of Robert Biehl and Steven C. Jahnke. The parcels are located in the vicinity of Mile Hill Drive and Payseno Lane, adjacent to and south of Mile Hill Drive. The property is undeveloped and has a Kitsap County Comprehensive Plan designation of Urban High Intensity Commercial/Mixed Use and Highway Tourist Commercial and a Kitsap County Zoning Designation of Highway Tourist Commercial. With approval of this annexation, these properties will have a City of Port Orchard Comprehensive Plan designation of Commercial and a zoning designation of Commercial Industrial Office (Co). Staff recommends adopting Ordinance No. 047-08. Councilmember Putaansuu moved and Councilmember Powers seconded the motion to adopt Ordinance No. 047-08, approving the Jahnke-Biehl annexation request of three parcels totaling approximately 5.29 acres and the associated public access easement. Upon vote, the motion passed unanimously. Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to amend to include the language that all property within the territory annexed shall be assess and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the date of annexation. Upon vote, the motion to amend passed unanimously. Minutes of December 30, 2008 Page 5 of 9 Adoption of Ordinance No. 048-08, Approving the Annexation Request for the Sidney and Berry Lake Development Director Weaver presented the staff report, noting the applicant submitted a Petition for Annexation on October 20, 2008, to annex five parcels totaling approximately 5.87 acres, and the associated rights -of -way, located in the vicinity of Sidney Avenue and Berry Lake Road, adjacent to and west of State Highway 16 SW. The parcels are adjacent to a Commercial zoned area and the applicant intends to extend additional commercial uses on this parcel. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2006 with a County Comprehensive designation of Urban High Intensity Commercial/Mixed Use and zoning of Highway Tourist Commercial. The applicant is requesting to be annexed with City's Comprehensive Plan and zoning designations as Commercial. Staff recommends adopting Ordinance No. 048-08. Councilmember Powers moved and Councilmember Clauson seconded the motion to adopt Ordinance No. 048-08, approving the annexation request for the Sidney and Berry Lake Property and all property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the date of annexation.. Upon vote, the motion passed unanimously. Adoption of Ordinance No. 049-08, Approving the Seabeck Pizza Rezone Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier in the meeting to discuss the requested rezone of the subject property from Employment Industrial Office (EO) zone to Commercial Retail Office. The rezone would bring the property into compliance with its Comprehensive Plan designation and make it more compatible with neighboring zoning. Staff recommends approving the rezone as conditioned. After a brief discussion, Council directed the City Attorney to coordinate a meeting with the applicant's attorney and a representative from Lowe's in an attempt to finalize the easement access issues. Councilmember Clauson moved and Councilmember Putaansuu seconded the motion to continue the Seabeck Pizza rezone to the January 13, 2009, Council meeting. Upon vote, the motion passed unanimously. Adoption of Resolution No. 055-08, Confirming Mayoral Appointment to the Planning Commission City Clerk Kirkpatrick presented the staff report, noting the Planning Commission is made up of eight residents of the City who volunteer their time for the purpose of reviewing land use applications and making recommendations to the City Council and serving a term of six (6) years. In the past during the process of appointing and reappointing Planning Commissioners clerical errors were made in some of the term expiration dates. Staff has researched the error and has corrected the term expiration dates. Mayor Coppola reviewed all of the applications Minutes of December 30, 2008 Page 6 of 9 received for the vacant position and recommends confirmation of appointing Gil Michael to the Planning Commission for a term ending December 31, 2014. Councilmember Childs moved and Councilmember Colebank seconded the motion to adopt Resolution No. 055-08, confirming the Mayor's appointment of Gil Michael to the Planning Commission for a term expiring December 31, 2014. Upon vote, the motion passed unanimously. Adoption of Resolution No. 065-08, authorizing the Mayor to sign Interlocal Agreement with Kitsap County Health District for the Kitsap Regional Illicit Discharge Detection and Elimination Clean Runoff Project Public Works Director Dorsey presented the staff report, noting in 2007 the Kitsap County Health District applied to Department of Ecology (DOE) for a Stormwater Implementation Grant, which included participation with the Cities of Bremerton, Poulsbo, Port Orchard and Bainbridge Island. To implement the grant for Port Orchard an Interlocal Agreement (ILA) needs to be signed between Kitsap County Health District and the City of Port Orchard. The ILA will help the City be in compliance with the Illicit Discharge Detection and Elimination (IDDE) portion of the National Pollution Discharge Elimination System (NPDES) Permit. Compliance requirements involve Stormwater system mapping, identifying non -storm water discharges, commercial property inspections and education, and a final report. By working with the Kitsap County Health District through the ILA, City staff will receive training and help in complying with the portions of the permit listed above. Staff recommends the City Council authorize the Mayor to sign the Interlocal Agreement with Kitsap County Health District for the Kitsap Regional Illicit Discharge Detection and Elimination Clean Runoff Project. Councilmember Chang moved and Councilmember Putaansuu seconded the motion to adopt Resolution No. 065-08, authorizing the Mayor to sign the Interlocal Agreement with Kitsap County Health District for the Kitsap Regional Illicit Discharge Detection and Elimination Clean Runoff Project for a total expenditure of $108,141 of which $68,128 will be from grant funds, with a City match of $40,013 during the period between December 1, 2008 and June 30, 2011. Upon vote, the motion passed unanimously. Adoption of Resolution No. 066-08, Authorizing an Inter -Fund Loan Between the Water/Sewer Cumulative Reserve Fund and the Storm Drainage Utility Fund City Treasurer Tompkins presented the staff report, noting the City Council established a Storm Drainage Utility and Fund and adopted rates to be effective January 1, 2009. Because of billing cycles the actual payment of service charges will not occur until February or March. The City is incurring expenses relating to the new Storm Drainage Utility. In order to pay for these expenditures prior to the billing and collection of revenue there needs to be an inter -fund loan transfer. Staff recommends adopting Resolution No. 066-08, authorizing an inter -fund loan transfer from the Water -Sewer Cumulative Reserve Fund to the Storm Drainage Utility Fund for 2009. Minutes of December 30, 2008 Page 7 of 9 Councilmember Clauson moved and Councilmember Putaansuu seconded the motion to adopt Resolution No. 066-08, authorizing the City Treasurer to make an inter -fund loan transfer between the Water -Sewer Cumulative Reserve Fund and the Storm Drainage Utility Fund in an amount not to exceed $100,000, without additional Council authorization. Upon vote, the motion passed unanimously. Adoption of Resolution No. 067-08, Authorizing the Mayor to Sign Contract with Caseco & Associates for Cline Street Proiect Public Works Director Dorsey presented the staff report, noting pursuant to Resolution No. 1912, staff utilized the Small Works Roster Procedures for the Cline Street Repairs, consisting of paving, grading, curb/gutter and sidewalk improvements located along the east side of Cline Street between Dwight Street and Kitsap Street. The Total Bid for the project is $75, 214, which includes sales tax on materials only under Rule 171. This project was reviewed by the Public Properties Committee on December 1, 2008. Staff recommends the City Council authorize the Mayor to execute a contract with Caseco Associates, Inc. in the amount of $75,214 for the Cline Street Repair project, with work commencing in early 2009. Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to adopt Resolution No. 067-08, authorizing the Mayor to sign the contract with Caseco Associates, Inc., for the Cline Street Repair Project in an amount not to exceed $75,214. Upon vote, the motion passed unanimously. Adoption of Resolution No. 068-08, Authorizing the Mayor to Sign Change Order No. 1 with BHC Consultants for Sewer Comp Plan Amendment-SKIA Technical Memorandum Public Works Director Dorsey presented the staff report, noting on November 13, 2007, the City Council authorized the Mayor to sign a contract with BHC Consultants in the amount not to exceed $40,000 for the preparation of a Technical Memo. On February 12, 2008, the City Council authorized a second separate contract to BHC Consultants in the amount not to exceed $50,000 for the preparation of a Sanitary Sewer Comprehensive Plan. In July of 2008, the City Council directed Staff to prepare the South Kitsap Industrial Area (SKIA) Infrastructure Assessment & Technical Memorandum (dated July 28, 2008). This work was added to the second BHC contract in the amount not to exceed $5,000. Staff recommends authorizing the Mayor to sign Change Order No. 1 to the second BHC Consultants contract in the amount not to exceed $5,000, for a revised total contract amount not to exceed $55,000. Councilmember Colebank moved and Councilmember Childs seconded the motion to adopt Resolution No. 068-08, authorizing the Mayor to sign Change Order No. 1 to the contract with BHC Consultants in an amount not to exceed $5,000, for a revised total contract amount not to exceed $55,000. Upon vote, the motion passed unanimously. CITIZENS COMMENTS Gerri Harmon, 906 Kitsap Street, voiced concern that the grant writer had not produced any funds for the City and encouraged the Council to not renew the contract. Minutes of December 30, 2008 Page 8 of 9 COMMITTEE REPORTS The Council canceled their annual Holiday Tour of Lights due to inclement weather. MAYOR'S REPORT Councilmembers and the Mayor voiced appreciation to the Public Works staff for keeping City streets clear during the recent storm storms. Mayor Coppola meet with Development Director Weaver, Commissioner Bauer and Erik Baker regarding the Bethel annexation, noting it had a positive outcome. REPORT OF DEPARTMENT HEADS Development Director Weaver stated the petition to annex Bethel and Sedgwick parcels will be on the January 13, 2009, Council meeting as a Public Hearing item. Further, the Paul Powers Park Grant is listed as a possible receipt of funds from the Economic Stimulus money. Under direction of Council, Development Director Weaver will provide an update at the January 20, 2009, Work Study Session and at the Finance Committee meeting in February. Councilmember Clauson moved and Councilmember Colebank seconded the motion to excuse Councilmember Olin from the December 30, 2008, Council meeting. Upon vote, the motion passed unanimously. Councilmember Clauson moved and Councilmember Childs seconded the motion to extend the meeting for an additional ten minutes. Upon vote, the motion passed unanimously. Public Works Director Dorsey advised that a new snow plow and dump truck would be needed due to the existing one had a blown motor. The Council referred this matter to the Finance Committee for follow up. Minutes of December 30, 2008 Page 9 of 9 ADJOURNMENT At 10:07 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor Mayor's Benefit Options Medical - Regence Plan B Cost to City of Port Orchard Employee $477.10 (monthly) Employee & 1 dependent $952.20 (monthly) Employee & 2 dependents $1,173.75 (monthly) n-t,l %nrnc Employee Employee & 1 dependent Employee & 2 dependents Vision - VSP Full Family Coverage $50.25 (monthly) $95.75 (monthly) $170.70 (monthly) $19.33 (monthly) : IIIJUI CI H.0 -MVVl. ),000 coverage $8.00 (monthly) OR ndard Life Insurance 000 coverage $10.10 (monthly) Accruals Starts with 10 days a year like full tim ion $2,390.40 (annually employe OR ion $4,780.80 (annually) If same as Dept. Head - 160 hours a year Personal Holidays $478.08 (annually) 2 a year Sick Leave $239.04 (per sick day) 8 hours a month 1 Ali- CITY OF PORT ORCHARD I nn nn Personnel 1 IIII ii nu:� I..I _,T- nn j CITY HALL 216 Prospect Street, Port Orchard, WA 98366 1 �� • • To: City Council Subject: Full Time Mayor's Benefits Prepared by: Capri Corbett, HR Coordinator Meeting Date: January 13, 2009 Summarv: Effective January 1, 2009 the Mayor has gone from part-time to full-time status. With this change in position the question of eligibility for full-time benefits needs to be addressed. I have attached a listing of all the benefits we extend to our full-time employees along with the approximate cost to the City of Port Orchard. As a full-time Mayor the Payroll and Human Resources Department need to be advised of the following three things from Council: 1. Will the City be covering the Mayor individually, or his family also for medical, dental and vision coverage 2. Which insurance plan will he carry ($5,000 plan or $50,000 plan) 3. The amount of vacation time he will accrue throughout the year (80 hours a year like an employee or 160 hours like a Department Head) Recommendation: It is the recommendation of the Human Resources Department to allow the Mayor to have the same benefits as a Department Head. This would include the option of adding his family to medical, dental, and vision coverage as well as a $50,000 life insurance plan through AWC and the 160 hours a year of vacation time. At the end of June 2009, once the first six months in office as a full-time Mayor have expired, it is suggested that this issue with benefits be revisited again to see if adjustments need to be made going forward. Fiscal Impact: Please see the attachment for a breakdown of the numbers for each month and/or year. Alternatives: Not consider the full-time Mayor eligible for any City benefits other than those he currently holds (medical as an employee only and a $5,000 life insurance plan). Ali- CITY OF PORT ORCHARD /11 IRS- nn nn Personnel 1 IIII ii nu:� I..I _,T- nn j CITY HALL 216 Prospect Street, Port Orchard, WA 98366 1 �� • • To: City Council Subject: Poulsbo Full Time Mayor's Benefits Prepared by: Capri Corbett, HR Coordinator Meeting Date: January 13, 2009 Summarv: In researching with the City of Poulsbo their full time Mayor receives the following benefits: 1. The City of Poulsbo covers the Mayor and all eligible family members under the Teamster's Welfare Trust insurance plan (costs the City of Poulsbo $995.57 per month for entire City's coverage) 2. The Poulsbo Mayor is covered through the Teamster's Welfare Trust $5,000 life insurance plan 3. The Mayor of Poulsbo does not have a leave bank (vacation, sick, personal holidays) to use, however, he/she is paid an Annual Salary and is on City payroll regardless of time not worked that is spent away from the office for personal reasons (i.e. vacation, sick) (Costs the City of Poulsbo a lump sum of approx. $62,160.00) Recommendation: The City of Port Orchard does not have the ability to put the Mayor onto the Teamster's Welfare Trust benefits plan because he is not part of the Teamster's Bargaining Unit. Please see recommendation given on City of Port Orchard's memo to Council. Fiscal Impact: See above for figures of Poulsbo Mayor. Alternatives: Not consider the full time Mayor eligible for any City benefits other than those he currently holds (medical as an employee only and a $5,000 life insurance plan).