03/24/2009 - Regular - Packet- CITY OF PORT ORCHARD
216 Prospect Street, Port Orchard, WA 98366
� tyomh _ (36o) 876-4407 • FAX (36o) 895-9029
City Council Meeting Agenda
March 24, 2009
7:00 p.m.
i. CALL TO ORDER
A. Pledge of Allegiance
2. CITIZENS 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
B. Approval of the March 10, 2009, Council Meeting Minutes
C. Setting Meeting for Work Study Session to April 21, 2oo9, at 7:00 p.m. at City Hall (Kirkpatrick)
D. Approval of Public Event Application: Glenwood Road Race (Kirkpatrick)
E. Adoption of Resolution No. o18-og, Delegating to the City Clerk Authority to Execute Certain Rental
Agreements Subject to City Council Ratification (Kirkpatrick)
F. Adoption of Resolution No. 020-09, Authorizing the Mayor to Execute Memorandum of Understanding
with Teamsters Local No. 589 (Kirkpatrick)
G. Adoption of Resolution No. 021-o9, Approving the Renaming of the Joint Waste Water Treatment
Facility (Dorsey)
H. Adoption of Resolution No. 022-o9, Authorizing the Mayor to Execute Change Order No. 1 with NL
Olson & Associates, Inc. for Tremont Medical Complex Left Turn Lane (Dorsey)
I. Adoption of Resolution No. 023-o9, Adopting the 2009 Capitol Facilities Plan (Dorsey)
5. PRESENTATION
A. E.M.S. Levy -South Kitsap Fire & Rescue (Fire Chief Wayne Senter)
B. Kitsap Economic Development Alliance RE: Stimulus Package (Mary McClure)
6. PUBLIC HEARING
A. Public Hearing Continued from March 10, 2009: Regarding Annexation of Geiger Road (Weaver)
B. Rescinding Adoption of that Portion of the Comprehensive Plan as it relates to Poplar Heights
Rezone/Decker Appeal (Jacoby)
C. Public Hearing: Regarding Annexation of McCormick Woods (Weaver)
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.citrofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
Meetings are broadcast on: BKAT — visit www.bkat.org for broadcast dates and times
And the City's Website www.cityofportorchard.us
March 24, 2009, Meeting Agenda Page 1 of 2
7. BUSINESS ITEMS
A. Adoption of Ordinance No. oo8-o9, Approving the Annexation of Geiger Road (Weaver)
B. Adoption of Ordinance No. oo9-o9, Rescinding the Adoption of that Portion of the Comprehensive
Plan as it Relates to Poplar Heights Rezone/Decker Appeal (Jacoby)
C. Adoption of Resolution No. 024-o9, Approving Special Funding Allocations from Hotel/Motel Tax
Fund (Kirkpatrick)
D. Adoption of Resolution No. 025-09, Transferring the Supervision of Building Department to the
Planning Department (Weaver)
E. Adoption of Resolution No. 026-o9, Authorizing the Mayor to Execute Change Order No. 2 with BHC
Consultants for 2oo8 Sewer Comp Plan Amendment (Dorsey)
F. Adoption of Resolution No. 027-o9, Authorizing the Mayor to Execute Contract with Michels
Corporation for the 2009 Sewer TV & Lining Maintenance (Dorsey)
G. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Geiger II -Geiger and
Sedgwick Annexation (Weaver)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
10. 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 42.30.11o, the City Council may hold an executive session.
The topic(s) and the session duration will be announced prior to the executive session.
13. ADJOURNMENT
COMMITTEE MEETINGS
Date & Time
Location
Finance Committee
March 30, 2009
Myhre's
7:30 a.m.
Tourism Committee
April 15, 2009
City Hall
2:00 p.m.
Utilities Committee
April 17, 2009
Myhre's
7:30 a.m.
Sewer Advisory Committee (SAC)
April 15, 2009
S.K.W.R.F.
6:30 p.m.
Public Property Committee
T.B.D.
Work Study Session
April 21, 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.876.4407
Meetings are broadcast on: BKAT - visit www.bkat.org for broadcast dates and times
And the City's Website www.cityfportorchard.us
March 24, 2009, Meeting Agenda Page 2 of 2
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 4C Meeting Date:
Subject: Setting Meeting for Work Study Prepared by:
Session on April 21, 2oo9, at 7:00
p.m. at City Hall Atty Routing No:
Atty Review Date:
March 24, 200
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summary: Work Study Sessions are considered a special meeting of the Council and as such fall
under RCW 42.30.o8o, which states: A special meeting may be called at any time by the presiding
officer of the governing body of a public agency or by a majority of the members of the governing body
by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the
governing body; and to each local newspaper of general circulation and to each local radio or
television station which has on file with the governing body a written request to be notified of such
special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or
by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted. Final disposition shall not be taken on any other matter at such meetings by the governing
body.
In order to ensure the City is in compliance with proper noticing requirements, the City Attorney
has recommended that the Council, by consent agenda, set the date and time of a work study
session each month.
Recommendation: Staff recommends the Council set the meeting date and time for the next
work study session to April 21, 2009, at 7:00 p.m. at City Hall in the Robert G. Geiger Council
Chambers.
Motion for consideration: I move to set the next work study session meeting date and time to
Tuesday, April 21, 2oo9, at 7:00 p.m. to be held at City Hall in the Robert G. Geiger Council
Chambers.
Fiscal Impact: None.
Attachments: None.
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
Subject: Approval of Public Event Application:
Glenwood Road Race
Meeting Date:
Prepared by:
Atty Routing No
Atty Review Date
March24, 2009
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summary: Each year several organizations request permission to close certain City streets;
request the use of City parking lots; or use City Parks. Glenwood Road Race has submitted their
application for a public event on May 2, 2009, to hold a State Championship Bike Race, which a
portion is on Glenwood Road SW. City departments, as well as the Fire Department, have
reviewed the application and have submitted their recommendations and/or comments.
This Public Event Application is a new event; they have not been granted permission to host
their event on City streets previously.
Recommendation: Staff recommends approving the Public Event application.
Motion for consideration: I move to approve the Public Event application for the Glenwood
Road Race on May 2, 2009, which uses a portion of a City street of Glenwood Road SW.
Alternatives: Deny the application or approve with conditions.
Attachments: Application
Fire Department Comments
Port Orchard Police Department Comments
Finance Department Comments
Public Works Department Comments
Planning Department Comments
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Attorney
Introduced:
March 24, 2009
Adopted:
RESOLUTION NO. 018-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, DELEGATING TO THE CITY CLERK
AUTHORITY TO EXECUTE CERTAIN RENTAL AGREEMENTS
SUBJECT TO CITY COUNCIL RATIFICATION
WHEREAS, the City of Port Orchard is the owner of real property located at 213
and 215 Prospect Street, Port Orchard, which contains 2 rental units in each building;
and
WHEREAS, pursuant to RCW 35.23.440, the City Council has authority to lease
City owned property; and
WHEREAS, in order to promote an efficient and effective process for
administering the rental units at 213 and 215 Prospect Street, the City Council has
chosen to delegate to the City Clerk the authority to execute rental agreements for 213
and 215 Prospect Street provided the agreements are brought back to the City Council
for ratification at the next regularly scheduled City Council meeting; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Clerk is authorized to execute rental agreements
on behalf of the City of Port Orchard for the property located at 213
and 215 Prospect Street, Port Orchard provided such agreements
are ratified by the City Council at the next regularly scheduled City
Council meeting immediately following the date of execution.
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 24th day of March 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
Subject: Adoption of Resolution No. 018-09,
Delegating to the City Clerk
Authority to Execute Certain Rental
Agreements Subject to City Council
Ratification
Meeting Date: March 24, 2009
Prepared by: Patti Kirkpatrick, CMC
City Clerk
Atty Routing No: 035-09
Atty Review Date: March 13, 2009
Summarv: The City owns the property located at 213 and 215 Prospect Street, which contains 2
rental units in each building. The City Clerk's office administers the rental units and requests the
Council delegate to the City Clerk the authority to execute rental agreements with the
understanding that the signed agreements will come before Council at the next available regular
meeting for ratification. This will provide an efficient and effective process for administering the
rental units.
Recommendation: Staff recommends the Council delegate authority to the City Clerk to execute
rental agreements for the four units located at 213 and 215 Prospect Street, Port Orchard, and to
ratify such agreements at the next regularly scheduled Council meeting immediately following
the date of execution.
Motion for consideration: I move to adopt Resolution No. o18-o9, Delegating to the City Clerk
authority to execute rental agreements on behalf of the City of Port Orchard for the property
located at 213 and 215 Prospect Street, Port Orchard, provided such agreements are ratified by
the City Council at its next regularly scheduled Council meeting immediately following the date
of execution.
Fiscal Impact: None.
Alternatives: Not delegate authority to the City Clerk and provide direction to staff.
Attachments: Resolution No. o18-o9
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Attorney
Introduced:
March 24, 2009
Adopted:
RESOLUTION NO. 020-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE
TEAMSTERS LOCAL NO. 589 (ON BEHALF OF THE PATROL
OFFICER EMPLOYEES AND THE SERGEANT EMPLOYEES
BARGAINING UNITS)
WHEREAS, the City of Port Orchard and the Teamsters Local No. 589
(Teamsters) are voluntarily entering into a Memorandum of Understanding (MOU)
agreement for the purpose of modifying: (1) Section 16.5 of the Collective Bargaining
Agreement (CBA) between the City of Port Orchard and the Teamsters (representing the
Patrol Officer Employees bargaining unit); and (2) Section 16.5 of the CBA between the
City of Port Orchard and the Teamsters (representing the Sergeant Employees
bargaining unit);
WHEREAS, each of the subject CBAs has an effective date of October 1, 2006
through September 30, 2009; and
WHEREAS, the purpose of the MOU is to address changes to the prescription
drug benefits provided for by each of the subject CBAs, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is authorized to execute the MOU, on behalf of the
City of Port Orchard, which is attached hereto as Exhibit A.
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 24th day of March 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 4F Meeting Date: March 24, 2009
Subject: Adoption of Resolution No. 020-09, Prepared by: Patti Kirkpatrick, CMC
Authorizing the Mayor to Execute City Clerk
Memorandum of Understanding Atty Routing No: D. Luxenberg
with Teamsters Local No. 589 Atty Review Date: March 13, 2009
Summary: The City of Port Orchard and the Teamsters Local No. 589 voluntarily entered into an
agreement to modify two Collective Bargaining Agreements (CBA) representing the Patrol
Officer Employees and Sergeant Employees, to add the following sentence to the end of Section
16.5 of the foregoing CBA's:
The Employer will reimburse the employee four dollars ($4) for each brand name
prescription not on the formulary (also called `preferred) list.
Recommendation: Staff recommends the Council adopt Resolution No. 02o-o9, and authorize
the Mayor to sign the Memorandum of Understanding with Teamsters Local No. 589•
Motion for consideration: I move to adopt Resolution No. 02o-o9, authorizing the Mayor to
execute the Memorandum of Understanding with Teamsters Local No. 589•
Fiscal Impact: None. This formalizes City policy already in effect.
Attachments: Resolution No. 020-09
Memorandum of Understanding
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: March 24, 2009
Adopted:
RESOLUTION NO. 021-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON RENAMING THE JOINT TREATMENT
FACILITY TO THE SOUTH KITSAP WATER
RECLAMATION FACILITY THEREOF
WHEREAS, the Joint Wastewater Treatment Facility is jointly owned and operated by
the City of Port Orchard and West Sound Utility District; and
WHEREAS, both the City of Port Orchard and West Sound Utility District concur that
the Joint Wastewater Treatment Facility should have a name that better reflects its contribution
to the Port Orchard and South Kitsap community; and
WHEREAS, on March 2, 2009, West Sound Utility District adopted Resolution 103-09,
renaming the Joint Wastewater Treatment Facility to South Kitsap Water Reclamation Facility;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY
RESOLVE THE FOLLOWING:
THAT: The Joint Wastewater Treatment Facility is renamed the South Kitsap
Water Reclamation Facility.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24th day of March 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 9 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4G
Subject: Adoption of Resolution No. 021-09,
Approving the Renaming of the
Joint Waste Water Treatment
Facility
Meeting Date: March 24, 2009
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No:
Atty Review Date:
NA
NA
Summary: At the February 18, 2009, Sewer Advisory Committee (SAC) meeting, the
Committee discussed the renaming of the Joint Wastewater Treatment Facility to better
reflect its purpose in the community. Several potential names were identified and the
recommended name, being the South Kitsap Water Reclamation Facility, passing
unanimously. On March 2, 2009, the West Sound Utility District (WSUD) Board of
Commissioners adopted Resolution No. 103-09, thereby renaming the Joint Wastewater
Treatment Facility the South Kitsap Water Reclamation Facility with the concurrence of the
City of Port Orchard.
Recommendation: Staff requests that the Port Orchard City Council adopt Resolution No.
021-09, thereby concurring with the WSUD in renaming the Joint Wastewater Treatment
Facility to the South Kitsap Water Reclamation Facility.
Motion for Consideration: I move to adopt Resolution No. 021-09, thereby concurring with
the WSUD in renaming the Joint Wastewater Treatment Facility to the South Kitsap Water
Reclamation Facility.
Fiscal Impact: None
Attachments: Resolution No. 021-09
WSUD Resolution No. 103-09
WEST SOUND UTILITY DISTRICT
RESOLUTION 103-09
A RESOLUTION OF THE
WEST SOUND UTILITY DISTRICT BOARD OF COMMISSIONERS
RENAMING THE JOINT TREATMENT FACILITY TO THE
SOUTH KITSAP WATER RECLAMATION FACILITY
WHEREAS, the Joint Wastewater Treatment Facility is jointly owned and operated by
the City of Port Orchard and West Sound Utility District; and
WHEREAS, both the City of Port Orchard and West Sound Utility District concur that
the Joint Wastewater Treatment Facility should have a name that better reflects its contribution to
the Port Orchard and South Kitsap community; and
WHEREAS, the Joint Wastewater Treatment Facility is a community leader in
conservation with its reclaimed water program, its potential use of Class A biosolids, and
innovative energy conservation measures; now
THEREFORE, THE WEST SOUND UTILITY DISTRICT BOARD OF
COMMISSIONERS HEREBY RESOLVES:
With the concurrence of the City of Port Orchard, the Joint Wastewater Treatment
Facility is herby named:
SOUTH KITSAP WATER RECLAMATION FACILITY
ADOPTED, by the Board of Commissioners of West Sound Utility District, at a regular
scheduled meeting on March 2, 2009.
WEST SOUND L
Kitsap County, W
I
William H. "Hunt' on
Secretary
J-Qmv,,
Jeannie Screws
Commissioner
West Sound Utility District Resolution 103-09
Renaming the JWWTF
9
James J. H
Vice Chairperson
Susan Way
Commissioner
Page 1 of I
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 4H
Subject: Adoption of Resolution No. 022-09,
Authorizing the Mayor to Execute
Change Order No. 1 with N.L. Olson
& Associates, Inc. for Tremont Medical
Complex Left Turn Lane
Meeting Date:
March 24, 2009
Prepared by:
Mark Dorsey, PE
Public Works Director
Atty Routing No:
NA
Atty Review Date:
NA
Summary: On December 30, 2oo8, the City Council authorized the Mayor to sign a contract with
N.L. Olson & Associates, Inc. (pursuant to Resolution No. o63-o8) in the amount not to exceed
$5,700. The term of the contract expired March 15, 2009, with construction staking for the
pavement restriping being the only remaining work to be completed. In order to ensure ideal
weather conditions for this activity, Change Order No. 1 with N.L. Olson & Associates, Inc. is for
additional contract time only and will provide a 6-month extension to September 15, 2009.
Recommendation: Staff recommends authorization for the Mayor to execute Change Order No.
1 to the contract with N.L. Olson & Associates, Inc. for a 6-month contract extension to
September 15, 2009.
Motion for consideration: I move to authorize the Mayor to execute Change Order No.1 to the
contract with N.L. Olson & Associates, Inc. for a 6-month contract extension to September 15,
2009.
Fiscal Impact: None
Alternatives: None
Attachments: Resolution No. 022-09
Change Order No. 1
9/4/2020 11:06 AM
CITY OF PORT ORCHARD
Authorization for Change Order #
Date: March 24, 2009
Project: Tremont Medical Turn Lane
Contract / Job #
Contractor: N.L Olson & Associates, Inc.
2453 Bethel Avenue
Port Orchard. WA 98366
Brief Description of Change Order work (Documentation to be attached):
In order to ensure ideal weather conditions for this activity, Change Order No. 1 with N.L. Olson &
4ssociates, Inc. is for additional Contract Time only and will provide a 6-month extension to
September 15, 2009.
Contract History
$ Da to Appvd b
Original Contract
$5,700.00
30-Dec-08
Council
Change Order
$0.00
24-Mar-09
Council
Change Order2
Change Order3
Change Order4
Change Order5
Change Order6
Change Order7
Total Contract
I have reviewed the Change Order information above and certify that to the best of my
knowledge descriptionsand costsare true and accurate.
Submitted by:
Title:
Change Orders over $1,000 up to $15,000 are to be
approved by the Mayor.
Approved:
Attest:
Change Orders over $15,000 (per project) require
Council action.
Public Works Director/City Engineer
Mayor
City Clerk
Council Approval Date
Page 1 of 1
Common/CIlYOFPORTORCHARD change order
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 022-09
Public Works Director
Public Works Director
Public Works Director
March 24, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE N.L. OLSON &
ASSOCIATES, INC. CONTRACT FOR THE TREMONT
MEDICAL COMPLEX TURN LANE TRAFFIC
ENGINEERING DESIGN & SURVEYING SERVICES,
BEING A 6-MONTH CONTRACT EXTENSION.
WHEREAS, the City of Port Orchard authorized the Mayor to sign a contract
with N.L. Olson & Associates, Inc. on December 30, 2008 in the amount not to exceed
$5,700.00 for professional engineering and surveying services for the Tremont Street
Interim Channelization Improvements associated with the Tremont Medical Complex;
and
WHEREAS, the initial contract completion date of March 15, 2oo9 does not
provide for the best weather window in which to complete the construction staking for
the pavement restriping; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute Change Order
No. 1 (Exhibit A) for the Tremont Medical Complex Turn Lane, thereby
granting a 6-month contract extension to September 15, 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 24th day of March 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: March 24, 2009
Adopted:
RESOLUTION NO. 023-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON ADOPTING THE 2009 CAPITAL FACILITIES
PLAN FOR THE SOUTH KTTSAP WATER RECLAMATION
FACILITY
WHEREAS, the South Kitsap Water Reclamation Facility is jointly owned and operated
by the City of Port Orchard and West Sound Utility District; and
WHEREAS, both the City of Port Orchard and West Sound Utility District have
reviewed and approved the 2009 Capital Facilities Plan which identifies capital improvements
for the Wastewater Treatment Facility; and
WHEREAS, at the February 18, 2009 meeting, the Sewer Advisory Committee has
recommended that both the City of Port Orchard and West Sound Utility District adopt the
2009 Capital Facilities Plan; and
WHEREAS, on March 16, 2009, West Sound Utility District adopted Resolution 1o8-
o9, approving the 2009 Capital Facilities Plan for the South Kitsap Water Reclamation Facility;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY
RESOLVE THE FOLLOWING:
THAT: The 2009 Capital Facilities Plan for the South Kitsap Water Reclamation
Facility is hereby approved.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24th day of March 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 9 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4I
Subject: Adoption of Resolution No. 023-09,
Adopting the 2009 Capital
Facilities Plan
Meeting Date: March 24, 2009
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No:
Atty Review Date:
NA
NA
Summary: At the February 18, 2009, Sewer Advisory Committee (SAC) meeting, the
Committee discussed and recommended approval of the 2009 Capital Facilities Plan for the
South Kitsap Water Reclamation Facility. On March 16, 2009, the West Sound Utility District
(WSUD) Board of Commissioners adopted Resolution No. lo8-o9, thereby approving 2009
Capital Facilities Plan for the South Kitsap Water Reclamation Facility with the concurrence of
the City of Port Orchard.
Recommendation: Staff requests that the Port Orchard City Council adopt Resolution No.
023-09, thereby concurring with the WSUD in adopting the 2009 Capital Facilities Plan for the
South Kitsap Water Reclamation Facility.
Motion for Consideration: I move to adopt Resolution No. 023-09, thereby concurring with
the WSUD in adopting the 2009 Capital Facilities Plan for the South Kitsap Water Reclamation
Facility.
Fiscal Impact: None
Attachments: Resolution No. 023-09
WSUD Resolution No. 108-09
Geiger Road Petition for Annexation into the City of Port Orchard
February 27, 2009
The following described areas situate within Section 11, Township 23 North, Range
East, W.M., Kitsap County, Washington:
The South 650 feet of the Northwest quarter of the Northeast quarter;
EXCEPT the West 643.5 feet thereof;
And the South 350 feet of the Southwest quarter of the Northwest quarter
of the Northeast quarter; EXCEPT the North 150 feet of the East 250 feet
of the West 643.5 feet thereof;
And the North 50 feet of Tract 24, the West half of Tract 25, and the West
half of Tract 26, Richland Acre Tracts, as recorded under Volume 3 of
Plats, Page 18 records of Kitsap County;
And the South 15 rods of the North half of said Section 11 lying within
State Highway No 16; EXCEPT that portion previously annexed into the
city of Port Orchard under Ordinance No. 977.
Gieger Road Annexation
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Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 9 FAX (360) 895-9029
Agenda Staff Report
Public Hearing 6A
Subject: Public Hearing Continued form
March 10, 2009: Regard
Annexation of Geiger Road
Meeting Date: March 24, 2009
Prepared by: James Weaver
Atty Routing No:
Atty Review Date:
Development Director
M1
NA
Summary: Two property owners, represented by Daniel Horovitz and Stephen Shepard, submitted a
Petition for Annexation on February 11, 2009, to annex three parcels which total approximately 33.18
acres, and the associated rights -of -way, located in the vicinity of the intersection of Sedgwick Road
and State Route 16, in That Portion Of Section ii, Township 23 North, Range i East, Willamette
Meridian, In Kitsap County, Washington. (Tax Parcel Nos. 11230110222007, 48000000240105,
112301102320o6).
The parcels either contain existing residential uses or are vacant. The owners intend to extend
residential 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 Low -Density Residential and zoning of Urban Low
Residential (4-9 DU/Ac). The applicants are requesting to be annexed with the City comprehensive
plan designation Residential: High Density and a zoning designation of R20 single/multiple family
detached/attached as interim zoning and land use pending 2010 Comprehensive Plan amendments.
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, 20o8. 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 on February 11, 2009.
A programmatic Determination of Non -Significance (DNS) was issued on February 27, 2009, with the
comment period ending March 13, 20o9. The Port Orchard Planning Commission reviewed the
Annexation request and approved Planning Commission Resolution No. 002-o9, recommending
approval of the annexation and requested land use 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. The December 9, 20o8, adoption of the 2008 Port Orchard Comprehensive
Update, Appendix A, designated future zoning and comprehensive land use designations for areas
inside the urban growth boundary but outside incorporated City limits are determined by Kitsap
County to be effective upon adoption.
Recommendation: Open continued Public Hearing from March 10, 2009.
Fiscal Impact: None.
Alternatives: Do not open the continued Public Hearing.
Attachments: Legal Description
Maps
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 Meeting Date:
Subject: Rescinding Adoption of that Portion Prepared by:
of the Comprehensive Plan as it
Relates to Poplar Heights Rezone Atty Routing No:
Atty Review Date:
March 24, 200
Gregory A. Jacoby
City Attorney
NA
NA
Summary: When the City Council adopted Ordinance No. 042-o8 amending the City's
Comprehensive Plan, the amendments included changing the land use designation for the
property at 215 Poplar Street from High Density Residential to Medium Density Residential.
The property owner filed an appeal with the Central Puget Sound Growth Management Hearings
Board. The City now proposes to amend its Comprehensive Plan to restore the original land use
designation. This Public Hearing was duly noticed in order to provide the general public with an
opportunity to comment on the proposed amendment. This hearing is held in accordance with
RCW 36.7oA.130(2)(b) and the settlement agreement between the City and the property owner,
Kevin Decker.
Recommendation: Hold the Public Hearing.
Fiscal Impact: None.
Alternatives: Don't hold the Public Hearing
Attachments: None.
McCormick Woods Annexation Summary
as of 3/16/2009
Based on Kitsap County Data received 10 Feb 2009
Total AV
Total Value
378,944,695
75% of Value
284,208,521
Signed value received
230,691,290
No Protest (Quadrant, Fiegley RD)
58,040,265
TotalSigned Value
288,731,555
Signed Value as % of Assessed Value
76.19%
Signed Value as % of 75% of AV
101.59%
Additional value required to reach 75%
of AV
(4,523,034)
Unsigned Developer Value
24,445,990
Number of signed Petitions received to
date 592
Number of Petitions needed at Average
AV of $405,000
Notes: Quadrant Div 3 included in Quadrant No Protest
South Kitsap School Distict not counted as signed
McCormick Woods, The Ridge, et.al. Annexation
To the City of Port Orchard, Washington
File No. A-019-09
Exhibit A — Legal Description
The following described areas situate within Section 4, Township 23 North, Range 1
East, W.M., Kitsap County, Washington:
The Southwest quarter;
Except that portion previously annexed into the city of Port
Orchard under Ordinance No. 1816;
And the West half of the Southeast quarter;
And the West 30 feet of the East half of the Southeast quarter lying north
of the southerly right of way margin of Old Clifton Road;
And the Southeast quarter of the Southeast quarter lying south of the
southerly right of way margin of Old Clifton Road;
The following described areas situate within Section 5, Township 23 North, Range 1
East, W.M., Kitsap County, Washington:
The East half of the West half,
And the South half of the Southeast quarter;
And the Northeast quarter of the Southeast quarter;
All that portion of Section 8 and Section 17, Township 23 North, Range 1 East, W.M.,
Kitsap County, Washington lying north and east of the following described line:
Beginning at the southeast corner of the Northeast quarter of said Section
17 as delineated on Survey recorded under Auditor's File No.
9409270366, records of Kitsap County; thence South 1°17'27" West
along the east line thereof a distance of 260.04 feet to the point of
beginning of the herein described line; thence North 87°53'44" West
3299.65 feet; thence North 950.00 feet; thence North 29°00'00" East
3468.14 feet; thence North 16°00'00" East 4180.91 feet to a point on the
north line of Section 8 from which the northeast corner of said Section 8
bears South 87°02'01" East 670.50 feet and the terminus of the herein
described line;
Together with that portion of Old Clifton Road (County Road No. 132) deeded to Kitsap
County under Auditor File Number 666551 lying within the East three quarters of
Section 8, Township 23 North, Range 1 East, W.M., Kitsap County Washington.
All of Section 9, Township 23 North, Range 1 East, W.M., Kitsap County, Washington:
Except that portion previously annexed into the city of Port Orchard under
Ordinance No. 1816;
As provided by Kitsap County Public Works 02/25/09
The following described areas situate within Section 16, Township 23 North, Range 1
East, W.M., Kitsap County, Washington:
The North 260.00 feet of the Northwest quarter of the Southwest quarter;
And the West half of the Northwest quarter;
And the Northeast quarter of the Northwest quarter;
And the West half of the Northeast quarter.
As provided by Kitsap County Public Works 02/25/09
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 6C
Subject: Public Hearing: Regarding
Annexation of McCormick Woods
Meeting Date: March 24, 2009
Prepared by:
Atty Routing No:
Atty Review Date:
James Weaver
Development Director
NA
NA
Summary: Property owners within McCormick Woods and The Ridge, Et. Al., submitted a
Petition for Annexation on March 18, 2009, to annex 871 parcels totaling approximately 1,297
acres contiguous to the City limits. The parcels are located in the vicinity of Sections 9, 17, and 8
of Township 23 North, Range 1 East. The parcels lie to the North and South of Old Clifton Road,
to the west of Highway 16/Sedgwick Road interchange. Most of the parcels have a County
Comprehensive Plan designation of Urban Low -Density Residential, with minor areas
designated Urban Medium -High -density residential, Urban Low -intensity Commercial -Mixed
Use, and Urban Industrial. The County zoning designation is primarily Urban Low Residential
(McCormick Woods), and Urban Cluster Residential (The Ridge). Both designations permit 4 — 9
Dwelling Units per acre. The proposed annexation land is contiguous to property within the City
of Port Orchard which is zoned Residential 8 and has a Port Orchard Comprehensive Plan
designation of Residential Medium Density.
The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City Council
at a regularly scheduled meeting held on May 13, 2oo8. 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 on March 19, 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.
March 24, 2009
Page 2 of 2
Recommendation: Open the ist Public Hearing for the Annexation of McCormick Woods and The
Ridge, Et. Al.,.
Motion for consideration: I move to open the ist Public Hearing for the Annexation of McCormick
Woods and The Ridge, Et. Al.,
Alternatives: Do not open the Public Hearing.
Attachments: Petition Summary
Legal Description
Map
2
City of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: March 24, 2009
Adopted: March 24, 2009
ORDINANCE NO. oo8-og
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 33.18
ACRES IN THE VICINITY OF SEDGWICK ROAD AND
STATE ROUTE 16, REQUIRING THE ANNEXED
PROPERTY TO BE ASSESSED AND TAXED AT THE SAME
RATE AND BASIS AS OTHER PROPERTY WITHIN THE
CITY, ESTABLISHING COMPREHENSIVE PLAN AND
ZONING DESIGNATIONS FOR THE PROPERTY, AND
ESTABLISHING AN EFFECTIVE DATE OF THE
ANNEXATION
PROPERTY LOCATION: THAT PORTION OF SECTION
11, TOWNSHIP 23 NORTH, RANGE i EAST,
WILLAMETTE MERIDIAN, IN KITSAP COUNTY,
WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: 11230110222007,
48000000240105 and 11230110232006
Ordinance No. 008-09
Page 2 of 7
WHEREAS, on September 5, 2oo8 the City Council received a notice of intent to
petition for annexation for three parcels consisting of approximately 33.18 acres located in
the vicinity of Sedgwick Road and State Route 16, as legally described in Exhibit "A"
attached hereto and incorporated by this reference; and
WHEREAS, the initiating parties are the owners of real property with a value in
excess of ten percent (10%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on October 14, 2oo8, 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 simultaneous adoption of Comprehensive Plan and
zoning regulations, and the assumption of city indebtedness by the area to be annexed upon
annexation; and
WHEREAS, a petition to annex to the City of Port Orchard was circulated and on
February 11, 2009 was filed with the City, and was certified by the Kitsap County Assessor
as containing the signatures from owners of not less than seventy-five percent (75%) in
value, according to the assessed valuation, of the property for which annexation is
petitioned; and
WHEREAS, in December 2006 Kitsap County added the property legally described
and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated
the parcels on the County Comprehensive Plan as Urban Low -Density Residential and
zoning of Urban Low Residential (4-9 DU/Ac); and
WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and
zoning designations to become effective upon the annexation of any area which might
reasonably be expected to be annexed by the City at any future time; and
WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted
Ordinance No. 042-08 designating the proposed annexation area Residential: Low Density
on the City's Comprehensive Plan and "R4.5" single family detached on the City's zoning
map, to become effective upon annexation; and
WHEREAS, the Port Orchard Planning Commission held a public meeting on
March 23, 2009 and adopted Resolution 002-09 recommending the proposed annexation
area be designated Medium Density Residential on the City's Comprehensive Plan and
Residential R8 on the City's zoning map to become effective upon annexation; and
Ordinance No. oo8-o9
Page 3 of 7
WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to
adopt interim zoning controls for parcels 11230110222007, 48000000240105 and
11230110232oo6 until such time as the Comprehensive Plan amendment process for 2009
is completed and that such interim zoning for this parcel is justified because: the parcel will
be served by adequate public sewer, water supply, roads, and other needed public facilities;
the parcel is adjacent to areas of Urban High -Intensity Commercial/Mixed Use
designations within the City; and the interim zoning designation of "R2o" single/multiple
family detached/attached is consistent with the uses in the surrounding area.
WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearings on
December 23, 2oo8 and March 24, 2009, which hearings were duly noticed through
publication in a newspaper of general circulation in the City and the proposed annexation
area, and through posting of a hearing notice in three public places within the territory
proposed for annexation, specifying the time and place of the hearing and inviting
interested persons to appear and voice approval or disapproval of the annexation and the
property's future comprehensive plan land use designation; and
WHEREAS, the City Council has been fully advised and finds that all statutory
requirements have been satisfied in order to accomplish the proposed annexation and that
it is in the best interest of the City to approve the proposed annexation as presented and
require the assumption of all or any portion of City indebtedness by the area to be annexed;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. The unincorporated real property located in Kitsap County,
Washington, contiguous to the City of Port Orchard and legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated herein by this
reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County,
Washington.
SECTION 2. As provided in the annexation petition, 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 effective date of this annexation.
SECTION 3. Based on the findings of fact set forth in the above recitals, the City
Council hereby determines that an emergency exists justifying the adoption of interim
zoning controls for parcels 11230110222007, 48000000240105 and 11230110232oo6, the
Property, as depicted on Exhibit "B" attached hereto and incorporated by this reference.
Ordinance No. oo8-o9
Page 4 of 7
Pursuant to RCW 35.63.200, there is hereby adopted an interim Comprehensive Plan
designation of Residential: High Density and an interim Zoning designation of "R2o"
single/multiple family detached/attached. As long as the interim zoning controls are in
effect, all land use and development within the Property shall be subject to the City's land
use and development regulations in effect for "R20" single/multiple family
detached/attached zoning.
SECTION 4. The interim designation of Residential: High Density and Zoning
designation of "R2o" single/multiple family detached/attached for the Property shall be
included in the City's annual Comprehensive Plan amendment process for 2009 for review
and designation as appropriate.
SECTION 5. The interim zoning controls shall take effect upon annexation to the
City unless the City has, prior to annexation, completed its annual Comprehensive Plan
amendment process for 20o9 and established Comprehensive Plan and Zoning
Designations for the Property. The interim zoning controls shall expire six months from the
date of annexation as defined in Section 7 below, unless the interim zoning controls are
shortened or extended by action of the City Council or until the effective date of any
ordinance establishing new comprehensive land use designations for the Property,
whichever is sooner.
SECTION 6. This annexation will become effective May 15, 2009 if the Kitsap
County Boundary Review Board's jurisdiction is not invoked. If Boundary Review Board
jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become
effective on the first day of the month immediately following the Boundary Review Board's
approval of the proposed annexation.
SECTION 7. Pursuant to RCW 35.13.270, following adoption of this ordinance, the
Planning Department shall provide notification, by certified mail, that includes a list of
annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at
least thirty (3o) days before the effective of the annexation. The Planning Department shall
also give such notice to the Fire District and Library District, as appropriate, simultaneously
when notice of the proposed annexation is provided to the Kitsap County Boundary Review
Board.
SECTION 8. Following adoption of this ordinance, the City Clerk is hereby directed
to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners.
Ordinance No. 008-09
Page 5 of 7
The Clerk is further directed to file a certificate of annexation with the State Office of
Financial Management as directed by RCW 35.13.26o.
SECTIONg. Following adoption of this annexation ordinance, the City shall file a
Notice of Intent to Annex with the Kitsap County Boundary Review Board pursuant to RCW
36.93.090.
SECTION io. 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 ii. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 24th day of March 2009.
ATTEST:
Patricia J. Kirkpatrick, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Rob Putaansuu, Councilmember
City of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: March 24, 2009
Adopted:
ORDINANCE NO. oo8-og
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 33.18
ACRES IN THE VICINITY OF SEDGWICK ROAD AND
STATE ROUTE 16, REQUIRING THE ANNEXED
PROPERTY TO BE ASSESSED AND TAXED AT THE SAME
RATE AND BASIS AS OTHER PROPERTY WITHIN THE
CITY, ESTABLISHING COMPREHENSIVE PLAN AND
ZONING DESIGNATIONS FOR THE PROPERTY, AND
ESTABLISHING AN EFFECTIVE DATE OF THE
ANNEXATION
PROPERTY LOCATION: THAT PORTION OF SECTION
11, TOWNSHIP 23 NORTH, RANGE i EAST,
WILLAMETTE MERIDIAN, IN KITSAP COUNTY,
WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: 11230110222007,
48000000240105 and 11230110232006
Ordinance No. 008-09
Page 2 of 5
WHEREAS, on September 5, 2008 the City Council received a notice of intent to
petition for annexation for three parcels consisting of approximately 33.18 acres located in
the vicinity of Sedgwick Road and State Route 16, as legally described in Exhibit "A"
attached hereto and incorporated by this reference; and
WHEREAS, the initiating parties are the owners of real property with a value in
excess of ten percent (10%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on October 14, 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 simultaneous adoption of Comprehensive Plan and
zoning regulations, and the assumption of city indebtedness by the area to be annexed upon
annexation; and
WHEREAS, a petition to annex to the City of Port Orchard was circulated and on
February 11, 2009 was filed with the City, and was certified by the Kitsap County Assessor
as containing the signatures from owners of not less than seventy-five percent (75%) in
value, according to the assessed valuation, of the property for which annexation is
petitioned; and
WHEREAS, in December 2006 Kitsap County added the property legally described
and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated
the parcels on the County Comprehensive Plan as Urban Low -Density Residential and
zoning of Urban Low Residential (4-9 DU/Ac); and
WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and
zoning designations to become effective upon the annexation of any area which might
reasonably be expected to be annexed by the City at any future time; and
WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted
Ordinance No. 042-08 designating the proposed annexation area Residential: Low Density
on the City's Comprehensive Plan and "R4.5" single family detached on the City's zoning
map, to become effective upon annexation; and
WHEREAS, the Port Orchard Planning Commission held a public meeting on
March 23, 2009 and adopted Resolution 002-09 recommending the proposed annexation
area be designated High Density Residential on the City's Comprehensive Plan and
Residential R20 on the City's zoning map to become effective upon annexation; and
Ordinance No. 008-09
Paae � of r,
WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to
adopt interim zoning controls for parcels 11230110222007, 48000000240105 and
11230110232006 until such time as the Comprehensive Plan amendment process for 2009
is completed and that such interim zoning for this parcel is justified because: the parcel will
be served by adequate public sewer, water supply, roads, and other needed public facilities;
the parcel is adjacent to areas of Urban High -Intensity Commercial/Mixed Use
designations within the City; and the interim zoning designation of "R20" single/multiple
family detached/attached is consistent with the uses in the surrounding area.
WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearings on
December 23, 2008 and March 24, 2009, which hearings were duly noticed through
publication in a newspaper of general circulation in the City and the proposed annexation
area, and through posting of a hearing notice in three public places within the territory
proposed for annexation, specifying the time and place of the hearing and inviting
interested persons to appear and voice approval or disapproval of the annexation and the
property's future comprehensive plan land use designation; and
WHEREAS, the City Council has been fully advised and finds that all statutory
requirements have been satisfied in order to accomplish the proposed annexation and that
it is in the best interest of the City to approve the proposed annexation as presented and
require the assumption of all or any portion of City indebtedness by the area to be annexed;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. The unincorporated real property located in Kitsap County,
Washington, contiguous to the City of Port Orchard and legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated herein by this
reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County,
Washington.
SECTION 2. As provided in the annexation petition, 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 effective date of this annexation.
SECTION 3_ As provided in Ordinance No. 042-08, all property within the
territory to be annexed is hereby designated Residential: Low Density on the
Comprehensive Plan Map and "R4.5" single family detached on the City of Port Orchard
Zoning Map.
Ordinance No. oo8-o9
Page 4 of 5
SECTION 4. The Comprehensive Plan designation of Residential: High Density
and Zoning designation of "R2o" single/multiple family detached/attached for the Property
shall be included in the City's annual Comprehensive Plan amendment process for 2oo9 for
review and designation as appropriate.
SECTION ti. Based on the findings of fact set forth in the above recitals, the City
Council hereby determines that an emergency exists justifying the adoption of interim
zoning controls for parcels 11230110222007, 48000000240105 and 11230110232oo6, the
Property, as depicted on Exhibit "B" attached hereto and incorporated by this reference.
Pursuant to RCW 35.63.200, there is hereby adopted an interim Comprehensive Plan
designation of Residential: High Density and an interim Zoning designation of "R2o"
single/multiple family detached/attached. As long as the interim zoning controls are in
effect, all land use and development within the Property shall be subject to the City's land
use and development regulations in effect for "R20" single/multiple family
detached/attached zoning.
SECTION 6. The interim zoning controls shall take effect upon annexation to the
City unless the City has, prior to annexation, completed its annual Comprehensive Plan
amendment process for 20o9 and established Comprehensive Plan and Zoning
Designations for the Property. The interim zoning controls shall expire six months from the
date of annexation as defined in Section 7 below, unless the interim zoning controls are
shortened or extended by action of the City Council or until the effective date of any
ordinance establishing new comprehensive land use designations for the Property,
whichever is sooner.
SECTION 7. This annexation will become effective May 15, 2009 if the Kitsap
County Boundary Review Board's jurisdiction is not invoked. If Boundary Review Board
jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become
effective on the first day of the month immediately following the Boundary Review Board's
approval of the proposed annexation.
SECTION 8. Pursuant to RCW 35.13.270, following adoption of this ordinance, the
Planning Department shall provide notification, by certified mail, that includes a list of
annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at
least thirty (3o) days before the effective of the annexation. The Planning Department shall
also give such notice to the Fire District and Library District, as appropriate, simultaneously
when notice of the proposed annexation is provided to the Kitsap County Boundary Review
Board.
SECTION Q. Following adoption of this ordinance, the City Clerk is hereby directed
to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners.
Ordinance No. 008-09
Page 5 of 5
The Clerk is further directed to file a certificate of annexation with the State Office of
Financial Management as directed by RCW 35.13.26o.
SECTION io. Following adoption of this annexation ordinance, the City shall file a
Notice of Intent to Annex with the Kitsap County Boundary Review Board pursuant to RCW
36.93.090.
SECTION ii. 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 12. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 24th day of March 2009.
ATTEST:
Patricia J. Kirkpatrick, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Rob Putaansuu, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7A
Subject: Adoption of Ordinance No. 008-09,
Approving the Annexation of
Geiger Road
Meeting Date: March 24, 2009
Prepared by: James Weaver
Atty Routing No
Development Director
NA
Atty Review Date: February 4, 2009
Summary: A public hearing was conducted earlier this evening regarding City Council
Ordinance No. oo8-o9 regarding the annexation of three parcels which total approximately
33.18 acres, and the associated right-of-ways, located in the vicinity of the intersection of
Sedgwick Road and State Route 16, in That Portion Of Section 11, Township 23 North, Range 1
East, Willamette Meridian, In Kitsap County, Washington. (Tax Parcel Nos. 11230110222007,
48000000240105 and 112301102320o6) at the request of two property owners, represented
by Daniel Horovitz and Stephen Shepard was heard earlier in the meeting. With approval of
this annexation, these properties will have a City of Port Orchard Comprehensive Plan interim
designation of Residential: High Density and an interim zoning designation of R20
single/multiple family detached/attached.
Recommendation: Adopt Ordinance No. oo8-o9
Motion for consideration: I move to adopt Ordinance No. oo8-o9, approving the Geiger Road
annexation request of three parcels that total approximately 33.18 acres and the associated
public right-of-way, and the assumption of city indebtedness by the area to be annexed upon
annexation.
Fiscal Impact: None
Alternatives: Take no action.
Attachments: Ordinance No. oo8-o9
Introduced by:
City Attorney
Requested by:
City Attorney
Drafted by:
City Attorney
Introduced:
March 24, 2009
Adopted:
ORDINANCE NO. oo9-oy
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE CITY'S COMPREHENSIVE
PLAN MAP BY CHANGING THE COMPREHENSIVE PLAN
DESIGNATION FOR THE PROPERTYAT 215 POPLAR STREET
FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY
RESIDENTIAL PURSUANT TO RCW 36.7oA.130(2)(b)
Property Address: 215 Poplar Street, Port Orchard, Washington
Tax Parcel Number: 352401-3-o86-2007
WHEREAS, in December 20o8, the City Council adopted Ordinance No. 042-o8 which
contained extensive amendments to the City's Comprehensive Plan; and
WHEREAS, one of the amendments contained in Ordinance No. 042-o8 changed the land
use designation for the property located at 215 Poplar Street, Port Orchard, Washington, tax parcel
number 352401-3-o86-2007 from High Density Residential to Medium Density; and
WHEREAS, the owner of the property at 215 Poplar Street filed appeal number 09-3-0004
with the Central Puget Sound Growth Management Hearings Board and requested that the land use
designation of High Density Residential be restored; and
WHEREAS, RCW 36.7oA.130(2)(b) authorizes a city to amend its comprehensive plan
more often than once per year, after appropriate public participation, in order to resolve an appeal
of a comprehensive plan filed with the growth management hearings board; and
WHEREAS, a properly noticed public hearing was held before the City Council on March
24, 2009; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. Pursuant to RCW 36.7oA.130(2)(b), the City's Comprehensive Plan map is
hereby amended by changing the land use designation for the property located at 215 Poplar Street,
Port Orchard, Washington from Medium Density Residential to High Density Residential.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Ordinance No. oo9-o9
Page 2 of 2
SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24th day of March 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
APPROVED AS TO FORM: Sponsored by:
Gregory A. Jacoby, City Attorney Carolyn Powers, 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
Subject: Adoption of Ordinance No. oo9-o9,
Rescinding the Adoption of that
Portion of the Comprehensive Plan
as it Relates to Poplar Heights
Rezone -Decker Appeal
Meeting Date:
Prepared by:
Atty Routing No:
Atty Review Date:
March 24, 200
Gregory A. Jacoby
City Attorney
NA
NA
Summarv: In December 2oo8, the City Council adopted Ordinance No. 042-o8 which contained
extensive amendments to the City's Comprehensive Plan. One of those amendments changed the
land use designation of the property at 215 Poplar Street from High Density Residential to
Medium Density Residential. The landowner filed an appeal with the Central Puget Sound
Growth Management Hearings Board. The proposed ordinance would restore the land use
designation to that which existed prior to the adoption of Ordinance No. 042-o8. A Public
Hearing regarding this change was held earlier this evening.
Recommendation: Adopt Ordinance No. oo9-o9.
Motion for consideration: I move to adopt Ordinance No. oo9-o9 amending the City's
Comprehensive Plan Map and designating the property located at 215 Poplar Street as High
Density Residential.
Fiscal Impact: None.
Alternatives: Amend Ordinance No. oo9-o9 or choose not to adopt it.
Attachments: Ordinance No. oo9-o9.
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Introduced:
March 24, 2009
Adopted:
RESOLUTION NO. 024-09
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, APPROVING
SPECIAL FUNDING ALLOCATIONS FROM
THE HOTEL/MOTEL TAX FUND
WHEREAS, the City of Port Orchard receives funding from local Hotel/Motel
taxes on a per bed rate; and
WHEREAS, the City of Port Orchard each year estimates the projected revenue
for the coming year in order for the funds to be spent by various organizations
promoting tourism on behalf of the City; and
WHEREAS, the projected revenues for 2008 were estimated at $137,18o and
the total amount paid out was $116,399.48, which left a carryover balance of $20,780.52
into 2009; and
WHEREAS, the City Clerk's office received four requests for special funding
from the Hotel/Motel Tax Fund and historically, the City has approved special funding
allocations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: That the City Council approves the special funding
allocations from the Hotel/Motel Tax Fund as follows:
• Port of Bremerton for: Boater Bags $500
Port Orchard Chamber of Commerce
For: office support/tourism/consumer
responses and television media advertising $5,000
• Concerts by the Bay for: promotion and
advertising of summer concert series
$5,000
• City's Tourism Committee for:
Pole Banners $800
Key entry point destination signs and flowers at the flag
pole on Bay/Kitsap Streets and on the hillside at Bay
Street and Harrison $2,200
Resolution No.024-09
Page 2 of 2
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 24th day of March, 2009.
Lary Coppola, Mayor
r WAMW
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
AMENDED
Auenda Staff Report
Agenda Item No. Business Item 7C Meeting Date:
Subject: Adoption of Resolution No. 024-09, Prepared by:
Approving Special Funding
Allocations from the Hotel/Motel Atty Routing No:
Tax Fund Atty Review Date:
March 24, 2009
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summary: Four organizations submitted applications for special funding, should funding
become available in 2oo9. A review of the Lodging Tax Fund shows that the City projected the
20o8 Tax Fund would receive $137,18o; and the City paid out $116,399.48; leaving a balance of
$20,780.52 to be carried forward into 2009. On Wednesday, March 11, 2009, the Lodging Tax
Advisory Committee (Committee) met to review the four special funding application requests. A
copy of their minutes, which reflect the Committee's recommendations are attached for
Council's review.
The four applicants are the Port of Bremerton, Chamber of Commerce, Concerts by the Bay, and
the City's Tourism Committee. The total special funding allocation amount is $13,500, which
would leave a carryover balance from 2oo8 into the 2oo9 Hotel/Motel Tax Fund of $7,280.52.
Recommendation: Staff recommends approving the following special funding allocations: Port
of Bremerton, $500; Port Orchard Chamber of Commerce, $5,000; Concerts by the Bay,
$5,000; and City's Tourism Committee, $3,000.
Motion for consideration: I move to adopt Resolution No. 024-o9, approving the special funding
allocation requests from the Port of Bremerton in the amount of $500; Port Orchard Chamber of
Commerce in the amount of $5,000; Concerts by the Bay in the amount of $5,000; and City's
Tourism Committee in the amount of $3,000, including the Committee's stipulations as noted in
their March 11, 2009, meeting minutes; and authorizing the Mayor to sign the appropriate
contracts or amendments.
Fiscal Impact: There is a carryover balance of $20,780.52 in the Lodging Tax Fund. The total
requests would leave a carryover balance of $7,280.52 in the 2009 fund.
Alternatives: Not approve the funding requests and direct the City Clerk to so notify the
applicants.
Attachments: Resolution No. 024-09
March 11, 2009, LTAC Minutes and Recommendations
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Auenda Staff Report
Agenda Item No. Business Item 7C Meeting Date:
Subject: Adoption of Resolution No. 024-09, Prepared by:
Approving Special Funding
Allocations from the Hotel/Motel Atty Routing No:
Tax Fund Atty Review Date:
March 24, 2009
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summary: Four organizations submitted applications for special funding, should funding
become available in 2oo9. A review of the Lodging Tax Fund shows that the City projected the
20o8 Tax Fund would receive $137,18o; and the City paid out $116,399.48; leaving a balance of
$20,780.52 to be carried forward into 2009. On Wednesday, March 11, 2009, the Lodging Tax
Advisory Committee (Committee) met to review the four special funding application requests. A
copy of their minutes, which reflect the Committee's recommendations are attached for
Council's review.
The four applicants are the Port of Bremerton, Chamber of Commerce, Concerts by the Bay, and
the City's Tourism Committee. The total special funding allocation amount is $13,500, which
would leave a carryover balance from 2oo8 into the 2oo9 Hotel/Motel Tax Fund of $7,280.52.
Recommendation: Staff recommends approving the following special funding allocations: Port
of Bremerton, $500; Port Orchard Chamber of Commerce, $5,000; Concerts by the Bay,
$5,000; and City's Tourism Committee, $3,000.
Motion for consideration: I move to adopt Resolution No. 024-o9, approving the special funding
allocation requests from the Port of Bremerton in the amount of $500; Port Orchard Chamber of
Commerce in the amount of $5,000; Concerts by the Bay in the amount of $5,000; and City's
Tourism Committee in the amount of $3,000, including the Committee's stipulations as noted in
their March 11, 2009, meeting minutes.
Fiscal Impact: There is a carryover balance of $20,780.52 in the Lodging Tax Fund. The total
requests would leave a carryover balance of $7,280.52 in the 2009 fund.
Alternatives: Not approve the funding requests and direct the City Clerk to so notify the
applicants.
Attachments: Resolution No. 024-09
March 11, 2oo9, LTAC Minutes and Recommendations
City of Port Orchard
Council Meeting Minutes
Work Study Session of February 17, 2009
7: oo P.M. CALL TO ORDER AND ROLL CALL
PRESENT: Lary Coppola, Mayor
Councilmembers: Mayor Pro-Tem Powers, Clauson, Chang, Childs,
Colebank, Olin, and Putaansuu
ALSO PRESENT: City Treasurer Tompkins, Police Chief Townsend, Public
Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick,
Deputy Cleric Rinearson, and City Attorney Jacoby.
Presentation: Parking Garage- Art Anderson and Associates
Public Works Director Dorsey introduced Dennis Kirkpatrick with Art Anderson
Associates who presented to the Council a conceptual design of the chosen site for
the proposed parking garage on the Prospect Street site. Mr. Kirkpatrick provided
the following information:
• Proposed selected site;
• View portions of the parking garage structure, which may block
views if not in the correct location;
• Entrance and exits of the parking garage;
• Possible relocation of utilities such as power, sewer and water;
• Main level which could be considered as part of Phase II of the
project in order to implement a second story to service the library,
retail, or office space;
• Open courtyard that could house the Farmer's Market or outdoor
concerts with access to downtown;
• The boring tests came back with good results;
Councilmember Childs voiced concern this was not the vision he had originally
expressed. The architect, Dennis Kirkpatrick explained that this is conceptual only
and the City can ask that items, such as the library, be relocated; however, he felt
this was the best use of the land, assuming all property owners agreed.
Development Director Weaver reported on his meeting with the Sidney Art
Museum and advised he would continue to meet with the group on a quarterly
basis in order to keep them apprised of the parking garage project.
Discussion: Town Meeting on the Parking Garage
Councilmembers discussed ways to obtain input from citizens regarding City
projects. A town meeting concept was discussed and the Council directed staff to
organize a Town Meeting for citizens to attend and ask questions or address
concerns on various City projects.
February 17, 2009, Work Study Session Minutes
Paee 2 of
Update: McCormick Woods
Development Director Weaver and City Attorney Jacoby met with Kitsap County
and their attorney to negotiate and/or resolve issues of the Inter Local Agreement
(ILA) between the City, County and McCormick Woods. The McCormick Woods
Annexation Committee reported they have received 68% of the 75% petitions that
is needed. The City Attorney and staff would continue to work on finalizing the
terms and conditions of the ILA.
Update: School Impact Fees
Development Director Weaver explained staff was waiting for the South Kitsap
School District to release their Capital Facilities Plan in order for impact fees to be
determined.
Update: Tremont Widening
Public Works Director Dorsey met with Berger Abam at the end of January and
the conceptual redesign has been completed and will be presented at the March 17,
2009, Work Study Session. The conceptual redesign includes all comments
received, including the Fire Chief and Police Chief s concerns.
Draft Resolution to transfer Building Department to the Planning
Department
Development Director Weaver requested the Building Department be moved
under the Planning Department, which would impact one position, the Building
Inspector, and would not impose on the office or the secretarial positions.
Development Director Weaver proposed to draft a resolution in coordination lA ith
Public Works, Human Resources, and the Finance Departments to transfer the
Building Department from Public Works to Planning, with several items added to
the job description. The Committee directed staff to bring the resolution forward
on the March 24, 2009, meeting agenda.
Financial Report
City Treasurer Tompkins provided information regarding beginning cash
balances, current cash flow, sales tax collections, commitments for Real Estate
Excise Tax (REET), and admission tax funds. She explained that the amount of
expenditures is out pacing the revenues and she is keeping a close eye on the
current expense cash balance. The commitments for REET funds included the
City Hall loan payment, police range, underground utilities downtown, and
parking garage design. Councilmember Clauson advised that the Finance
Committee has directed that an unofficial hiring freeze be in effect until the
Committee and Treasurer determine what the full financial impacts will be for
2009.
February 17, 2009, Work Study Session Minutes
Page 3 of 3
Trail Grant Opportunity
Development Director Weaver advised the Council of a potential trail grant
opportunity if we choose to extend the trail from Westbay to the behind KFC and
down along Blackjack Creek. Council directed staff to bring the grant information
forward for approval and requested the City Attorney determine the status of the
easement with Westbay.
Discussion: Foot Ferry Service
Councilmember Chang expressed his concern that the City of Port Orchard has no
Sunday ferry service and will close an hour early on Saturdays and was wondering
if the City was interested in contracting with the private company to provide
Sunday ferry service. Councilmember Clauson advised the costs to operate the
ferry would be approximately $150 per hour, with a minimum of four hours for
Sunday service and that the contractor was interested in pursuing this
relationship. The Council directed Mayor Coppola to contact the City of Bremerton
to determine if they would be willing to participate in providing half of the funding
in order to keep the Sunday service.
Discussion: Annexation of Urban Growth Boundary
Mayor Coppola advised the Council on his plan for annexing the Bethel Corridor
first, and then to look at annexing the entire Urban Growth Area (UGA). When
speaking with Kitsap County, they are willing to move forward with the City's
assurance we will take all the UGA, which includes the residential areas.
Mayor Coppola announced the Council would meet for a Retreat to discuss goals
and objectives on Friday, February 20, 2oo9, at io:oo a.m. at City Hall.
At 9:2o a.m. the meeting was
J. Kirlipkr eff, City Clerk
City of Port Orchard
Finance Committee
Meeting Minutes
February 4, 2009
Finance Committee Members John Clauson, Rob Putaansuu, and Carolyn Powers met on
February 4, 2009 at 7:30 a.m. at Myhre's. Also present: Mayor Lary Coppola, City Treasurer
Tompkins, Police Chief Townsend, Development Director Weaver, Public Works Director Dorsey,
and Deputy City Clerk Rinearson.
Sales Tax Revenue, Cash & 2008 Expenditures
City Treasurer Tompkins provided two spreadsheets one on sales tax collections with 2009
monthly projected targets and January's actual and one sheet on 2008 revenue collections prior
to any receivables; and she noted January sales tax, Puget Sound Energy quarterly tax and
Cascade Natural Gas annual tax came in. City Treasurer Tompkins advised there were carry
over funds from 2008 in Hotel/Motel of approximately $26,000 (actual was $21,775). The
Committee discussed using a portion of the Hotel/Motel tax for website promotion. The
Treasurer responded to the question from last meeting that there had been $10,000 put in the
2009 budget for the Westbay walkway improvements.
Snow Plow:
Public Works Director Dorsey informed the Committee that the snow plow attachment final
purchase price is $13,918.18, which is $418.18 more than what the Council had approved. The
Committee directed staff to bring the additional cost to the February 10, 2009, Council meeting.
City Treasurer Tompkins advised that since the newspaper publication is down to once a week
and the Public Hearing on the surplus vehicle will be held on February 24, 2009. Staff will
proceed to advertise for sealed bids on the truck as there were two interested parties.
Filling Part-time Vacant Position:
City Treasurer Tompkins noted the storm drainage billing clerk has been hired and we still have
the vacant 24 hours per week position. As discussed at the January 7 meeting, the Accounts
Payable job share position, currently budgeted for 21 hours per week, wants to go full time
using only 19 of the vacant 24 hours. The Committee directed staff to bring a financial report
forward to the full Council at the February 17, 2009, Work Study Session before they will
authorize using even budgeted hours.
Fill Sergeant Position:
Police Chief Townsend clarified his need for three full-time sergeants, noting the third position
would not be a new hire, rather a promotion from within. Chief Townsend shared there would
be a cost savings to the City as he was promoting from within at a lower salary to fill the third
vacant position. The Committee directed this item be included in the financial report given at
the February 17, 2009, Work Study Session.
Building Dept. under Community Development:
Development Director Weaver requested the Building Department be moved under the Planning
Department, which would impact one position, the Building Inspector, and would not impose on
the office or the secretarial positions. Development Director Weaver proposed to draft a
Finance Committee Minutes
Meeting of February 4, 2009
Page 2of3
resolution in coordination with Public Works, Human Resources, and the Finance Departments
to transfer the Building Department from Public Works to Planning effective in 2009 with
Committee concurrence. The Committee directed staff to bring a resolution forward to the
February 17, 2009, Work Study Session, further staff was to add in the Building Inspector's job
description the following;
• To provide the water/sewer billing department information as needed
• Continue to do inspections on City facilities as needed
Paul Powers Park Grant Match:
Development Director Weaver noted the Paul Powers Park has been put on the list for possibly
receiving Federal Economic Stimulus grant money of $330,000, with the understanding the City
would match $330,000. There was discussion of the match coming from REET funds and in
kind services from some of the community service groups. The Committee directed staff to
move forward with the possible opportunity to receive Federal Economic Stimulus money, with
the understanding that if the City is unable to come up with the match, the City would not have
to accept the grant.
Council member Clauson is concerned there have been several commitments for the Real Estate
Excise Tax (REET) money, such as the Downtown Undergrounding Project, City Hall Payment
and the Police Range. He would like these commitments shown in the financial report prepared
for the February 17 Work Study Session. He would like the full Council to set goals at their
retreat so staff will know which items are priority to pursue.
HVAC:
Public Works Director Dorsey reported the new company hired to maintain the HVAC systems at
City Hall and the Library has done a forensic analysis and found several items broken, missing
or dysfunctional. Once the analysis is complete, a report with costs will be brought back for
review and action.
2007 Audit:
City Treasurer Tompkins noted the State Auditor's staff has been at the City for the past week
and they are auditing 2007 financials. They were not able to audit in 2008, which means the
City will be paying for two audits in 2009 and we had only budgeted for the 2008 audit. So, far
all questions have been addressed and the audit looks good.
Prospect Street Property Update:
Deputy City Clerk Rinearson stated in the spring of 2008, the City had a mold inspector come
out who determined the mold could be cleaned up with bleach. Public Works staff went into the
Prospect Street units and cleaned all windows and sills with bleach at that time. The Committee
determined the windows will not be replaced at this time and because of the economy there is
not a recommendation to increase the rent. Staff was directed to have Public Works or
Community Service crew in the spring bleach out the windows and remove the weatherization
and then in the fall weatherize and bleach the units' windows.
Public Works Director Dorsey left the meeting at 8:45.
Finance Committee Minutes
Meeting of February 4, 2009
Page 3 of 3
Copier Leases — Admin/Finance; Police:
Deputy City Clerk Rinearson noted the City Hall copiers are up for renewal in March 2009. Each
of the copiers has reached the end of their use to staff due to the high volume of copies and
length of contracts. The Clerk's office contacted several vendors from the State contractors list
and two responded and provided bids; Pacific Office Automation and Kelly Imaging Services. In
December each vendor brought in the machine they thought would best suit the City's need for
a one week trial period by staff. The Committee directed staff to obtain a quote of the purchase
price for the copiers and to verify that the maintenance agreement includes all ink toners. Once
that information is provided to the Mayor, then staff is to put the item on the February 10,
2009, consent agenda.
Grant Solutions Contract Amendment:
Deputy City Clerk Rinearson provided a copy of the Grant Solutions Contract Amendment and
email from the City Attorney to the Committee. The Committee directed staff to cancel the
contract.
Kitsap County Consolidated Housing Authority (KCCHA):
The County is looking for the cities to help with the funding crisis at KCCHA. The financial
obligation is proportionate and Mayor Coppola noted the City's only obligation to the KCCHA is
for two four-plexes on Lippert Drive. The Committee asked for the purchase price of the units.
The Mayor will get that information.
The Mayor reported there is a possibility of some stimulus dollars available through KCCHA for
up keep of City facilities.
Funding for Ferry Financial Impact Study:
Mayor Coppola provided an update on the Kitsap Regional Coordinating Council's (KRCC)
number one priority which is ferry funding. The KRCC is asking the County and cities to
contribute a proportionate share of the $50,000 study. This would be approximately $7,500 for
Port Orchard. Since ferries are considered part of the State highway system the Committee
would like to know if we can use street vacation funds for this study.
Hi -Joy Lease/Easement:
City Treasurer Tompkins reported Hi -Joy will sign the utility easement in good faith in order to
not hold up the FEMA funding. The Committee directed staff, working with the Mayor, to obtain
an engineered drawing of the roundabout to determine an estimate how much property the City
will need for future road development before selling the unneeded property.
Next Meeting: February 25, 2009, 7:30 a.m. at Myhre's.
Meeting adjourned at 9:18 a.m.
cc: Mayor
Council
City Attorney
Department Heads
CITY OF PORT ORCHARD
�ennemr- I 1 II 'lllle 1 Planning Department
city of —.11
Port Orchard
(360) 876-4991 • FAX (360) 876-4980
Memorandum
TO: City of Port Orchard: Finance Committee
FROM: James Weaver, City Development Director
DATE: February 4, 2009
SUBJECT: Building Department Transfer from Public Works to Planning.
DISCUSSION: The proposal was prepared by the Planning Department in coordination with the Public
Works Director and Human Resources staff to examine the potential of relocating the City of Port
Orchard Building Department from the Public Works Department to the Planning Department. The
proposal would place building inspection and code enforcement under the Planning department and
reporting to the same department head. The proposal would only impact the allocation of one (1) staff
position of the Building Inspector from Public Works to Planning and would not propose to impact the
office or the secretarial positions. The proposal before the Finance Committee would be either of two
alternatives:
A: Propose that staff draft an ordinance in coordination with Planning, Public Works, Human
Resources, and Finance Departments to bring before City Council for transfer of the Building
Department from Public Works to Planning, effective in 2009.
B: Propose staff prepare as part of the 2010 Port Orchard City budget in coordination with
Planning, Public Works, Human Resources, and Finance to transfer of the Building Department from
Public Works to Planning, effective in 2010.
The proposal is recommended after consideration of inter -department efficiencies, coordination of
expertise and resources, allocation of workload, and ongoing educational and certification
maintenance requirements for the Building Department. The proposal seeks support from the Finance
Committee for direction to staff to prepare a presentation to City Council in 2009.
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: March 24, 2009
Adopted:
RESOLUTION NO. 025-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON RECLASSIFYING THE BUILDING
DEPARTMENT AND EMPLOYEE POSITION OF CITY
BUILDING INSPECTOR TO THE PLANNING
DEPARTMENT REPORTING TO THE CITY
DEVELOPMENT DIRECTOR AND REDEFINING THE
RESPONSIBILITES FOR THE EMPLOYEE POSITIONS OF
CITY DEVELOPMENT DIRECTOR AND EMPLOYEE
POSITION OF CITY ENGINEER/PUBLIC WORKS
DIRECTOR.
WHEREAS, The Building Department and City Building Inspector was under
the Public Works Department and reported to the City Engineer/Public Works Director.
WHEREAS, In an effort to improve efficiency, the Building Department and
City Building Inspector have been determined to functionally operate as a component of
the Planning Department:
WHEREAS, On February 4, 2009 the Port Orchard Finance Committee met
and recommended to be brought to the full council Work Study session on February
17th, 2009, a resolution to transfer the Building Department from Public Works
Department to the Planning Department and to alter the appropriate job descriptions:
WHEREAS, On February 17, 2009 the Port Orchard City Council met during a
regular Work Study Session and recommended to be brought to the City Council
Meeting on March 24, 2oo9, a resolution to transfer the Building Department from
Public Works Department to the Planning Department and to alter the appropriate job
descriptions; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: Effective March 24, 2009, the employment position
of City Building Inspector is hereby reclassified to the
Resolution No. 025-09
Page 2 of 2
Planning Department and to report to the City Development
Director. The City Building Inspector position description is
hereby altered as noted in Exhibit A. The step system wage
schedule as established for the City Building Inspector as set
forth within the Ordinance No. 1877 shall remain current.
Future salary adjustment shall be as set forth within the
city's salary ordinance.
The employment position of City Engineer/Public Works
Director description is hereby altered to remove reference to
the Building Inspector and remove the responsibility of City
Building Official, as noted in Exhibit B.
The employment position of City Development Director
description is hereby altered to include reference to the
Building Inspector and include the responsibility of City
Building Official as noted in Exhibit C.
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 24th day of March 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
CITY OF PORT ORCHARD
JOB DESCRIPTION
Job Title: Building Inspector
FLSA: Non -Exempt
Civil Service: Exempt
Department: Planning
Reports To: City Development Director
This is a full or part time position. Incumbent may be required to attend meetings during other than
normal work hours.
Major Function and Purpose
Responsible for ensuring that minimum safety standards are met for all structures within the city. This
is accomplished through reviewing plans and specifications for code compliance, inspection of
the construction, and the enforcement of municipal and uniform building codes. Persons in this
position must be able to make accurate and impartial interpretations and applications of the
codes, and then communicate them clearly to the public and others as appropriate.
General Function
The Building Inspector performs a variety of specific and non-specific duties and responsibilities to
accommodate growth within the City. He/she is responsible for interpretation of various codes and
providing and communicating alternatives to bring a structure into conformity with applicable
codes. The Building Inspector shall also perform the plan check reviews of proposed projects.
Supervision Responsibilities
This position has no supervisory responsibilities
Job Duties and Responsibilities
This job description reflects general details as necessary to describe the principal functions of this
job, the level of knowledge and skill typically required, and the scope of responsibility, but should
not be considered an all-inclusive listing of work requirements. Individuals may perform other duties
as assigned, including working in other functional areas to cover absences or relief, to equalize
peak work periods, or to otherwise balance the work load.
• Reviews construction applications and plans to verify code compliance
JOB DESCRIPTION: BUILDING INSPECTOR PAGE 1 OF 3
LAST UPDATED: FEBRUARY 2009
• Reviews construction plans and specifications for compliance with applicable codes, prior to
issuance of permits and during the construction project.
• Issues permits for new construction, and for remodeling projects on existing structures
• Issued occupancy permits upon completions of construction projects
• Conducts physical inspections of various construction projects at each phase of completion to
ensure compliance with applicable codes and minimum safety standards
• Answers questions and provides code interpretations as requested
• Inventory plumbing fixtures in commercial and residential buildings and provide input to the
Utilities Department
• Investigates complaints and/or inspects existing structures to ensure that minimum standards of
safety and maintenance are met
• Investigates nuisance complaints and reports violations to Building Official.
• Coordinates with all involved parties during ongoing construction projects
• Assists with preparation of monthly and quarterly reports to inform various state and local
agencies of building activity
• Provides billing information, as needed, to the water sewer department in order to bill
according to the water sewer ordinance
• Conducts inspections on City facilities as needed
• Remains up-to-date on all code changes through continuing education
• Performs other duties as assigned by the City Development Director
Knowledge, Skills and Abilities
While requirements may be representative of minimum levels of knowledge, skills and abilities, to
perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each
duty proficiently.
• Ability to produce written reports
• Knowledge of various uniform codes
• Ability to physically inspect structures that are in various stages of construction
• Excellent communication skills and the ability to deal tactfully with the public.
• A fair and impartial sense of judgment
• Knowledge in the interpretation of codebooks, construction blueprints, and technical
specifications
• Certification as required by Washington State law
Working Conditions
Work is performed indoors and outdoors. Employee may need to work in confined spaces and
may be required to work in noisy work areas. He/she may be exposed to extremes in temperature,
chemicals or noxious fumes. This employee may be required to wear protective clothing or
equipment in the performance of duties. The Building Inspector is exposed to other conditions
JOB DESCRIPTION: BUILDING INSPECTOR PAGE 2 OF 3
LAST UPDATED: FEBRUARY 2009
hazards, as well. Among the conditions encountered are, machinery or its moving parts, or various
construction -related chemicals. Hazardous areas are routinely encountered, including but not
limited to construction hazards, open trenches, traffic, and specialized equipment. Protective
clothing may be required for completion of some job requirements, including safety equipment,
hard hats, and/or other protective equipment.
Contacts and Relationships
Incumbent will have extensive contact with citizens, various city departments and their personnel,
planning groups and agencies, and contractors and design professionals and, as such, is expected
to be professionally mannered. In the course of completing the required job duties, the individual
in this position will have a variety of contacts — in person, via telephone, electronic communication
or through mail correspondence — which are primarily to provide or collect information. However,
virtually all of these professional contacts involve the coordination of projects or activities, and a
substantial number of contacts are to solve problems. Each of these activities are to be
documented and filed.
Physical Requirements
The Building Inspector must have the overall stamina and ability to perform moderate to strenuous
physical activity, including the ability to stand or walk for long periods of time, and to work in and
on structures under construction. Job requirements may include the ability to climb, bend, and
work in tight or confined areas. In addition, close vision, color vision, depth perception, and far
vision are essential to performance of the position. Corrective lenses may be utilized. The
incumbent must be able to hear alarms and have the ability to audibly identify the presence of a
danger or hazard.
Recruiting Requirements
• High school diploma
• Up to five years of working experience as a Building Inspector is preferred.
• Knowledge of international codes, as well as local codes
• Valid Washington State Driver's License with a driving record acceptable to the City's insurance
carrier
• Building Inspector Certification to include Building Plans Examiner Certification, Building and
Residential Codes Certification and others required by the State of Washington
• Ability to read blueprints
• Demonstrated ability to interact professionally with others
• All City employees must successfully pass a pre -employment Drug Testing as prescribed by the
City's Drug and Alcohol Testing Policy.
Experience and Training
Any combination of experience and training that provides the desired skills, knowledge and
abilities.
Requirements outlined in this job description may be subject to modification to reasonably
accommodate individuals with disabilities who are otherwise qualified for employment in this
position. However, some requirements may exclude individuals who pose a direct threat or
significant risk to the health and safety of themselves or other employees.
This job description does not constitute an employment agreement between the
Employer and employee and is subject to change as the needs of the Employer
and requirements of the job change.
JOB DESCRIPTION: BUILDING INSPECTOR PAGE 3 OF 3
LAST UPDATED: FEBRUARY 2009
CITY OF PORT ORCHARD
JOB DESCRIPTION
Job Title: Public Works Director/City Engineer
FLSA: Exempt
Civil Service: Exempt
Department: Public Works Department
Reports To: Mayor
The position of Public Works Director/City Engineer is a full-time management position. This
position shall be appointive. All appointments to such position shall be made by the Mayor, subject
to confirmation by the City Council. Attendance at evening meetings or other events after normal
working hours is required and attendance at work may be required before or after regularly
scheduled work hours or on scheduled days off.
Major Function and Purpose
Incumbent shall serve as City Engineer and Public Works Director and is responsible for the
following departments and municipal activities: (a) The Public Works Department which
consists of the Water/Sewer Departments, Street Department, Parks Department and Vehicle
Maintenance; (b) Municipal facilities; and (c) provides engineer design, professional engineer
supervision and coordination of engineer/architect consultants.
General Function
Responsible to the Mayor and shall coordinate closely with the City Council and other department
heads. This is an administrative position that requires the ability to work with Council to identify
long range and immediate Public Works project goals and the development and implementation of
resulting projects' scope, budget, design, and final product.
Supervision Responsibilities
Under the supervisory control of the Mayor, the Director of Public Works/City Engineer will organize
and supervise those employees within the Public Works and Engineering Department, including the
Public Works Supervisor, Public Works Office Manager/Permit Coordinator, and the Assistant
Engineer. All work shall be consistent with pertinent State and Federal rules and City ordinances
JOB DESCRIPTION: PUBLIC WORKS DIRECTOR/CITY ENGINEER PAGE 1 OF 4
LAST UPDATED: FEBRUARY 2009
and policies.
lob Duties and Responsibilities
This job description reflects general details as necessary to describe the principal functions of this
job, the level of knowledge and skill typically required, and the scope of responsibility, but should
not be considered an all-inclusive listing of work requirements. Individuals may perform other
duties as assigned, including working in other function areas to cover absences or relief, to equalize
peak work period, or to otherwise balance the workload.
• Attend City Council, Council Committee and other meetings as directed
• Prepares reports on State and Federal Aid projects
• Prepare and monitor grant applications
• Establishes ongoing training programs; evaluates employee performance and is responsible
for hiring, termination, discipline and motivation of employees.
PUBLIC WORKS:
• Prepare and write the comprehensive plans for the water and sewer utility; develop and
maintain the computer models for the water and sewer systems
• Prepare annual budgets in order to implement programs identified in the comprehensive
plans; replace or purchase essential equipment and maintain staffing
• Prepare annual work schedules to achieve budgeted objectives
• Identify Public Works needs and design/develop the necessary scope of work, which would
include utility system designs, building design, preparations of plans and specifications, and
construction administration.
• Coordinate with consultants in specialized fields such as reservoir design and road
construction. Coordinate the selection process and provide contract administration of
architects and engineers. Coordinate real estate transactions.
• Prepare the City's Six -Year Road Plan and coordinate transactions with the Washington
State Department of Transportation. Supervise the maintenance of city streets, analyzing
potential safety hazards and develop/implement required improvements.
• Attend civic activities as required.
MUNICIPAL FACILITIES:
Prepare annual budges in order to maintain municipal buildings.
Recommend, design and administer building remodeling projects.
JOB DESCRIPTION: PUBLIC WORKS DIRECTOR/CITY ENGINEER PAGE 2 OF 5
LAST UPDATED: FEBRUARY 2009
• Coordinate the acquisition and sale of public property.
• Supervise the Buildings Custodian and act as the point of contact for issues regarding
building operations and maintenance.
• Coordinate and ensure City facilities are in compliance with the American with Disabilities
Act rules and regulations.
ENGINEERING DEPARTMENT:
• Prepare annual budget in order to implement programs identified in the comprehensive
plan.
• Under the Mayor's guidance, work closely with citizens, the business community and other
government entities to carry out Council's goals and objectives for Public Works projects.
• Supervise the development and implementation of office procedures, which include
maintenance of the filing system, map catalogues, archives and permit processing.
• Identify, secure and administer grant programs for the Public Works Department.
Knowledge, Skills and Abilities
While requirements may be representative of minimum levels of knowledge, skills and abilities, to
perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each
duty proficiently.
The Public Works Director/City Engineer shall be a Professional Engineer, licensed in the State of
Washington.
Progress toward certification by the Washington State Department of Health as the manager of the
water system is required within twelve months of employment as long as the City has a certified
water system manager on staff (i.e. Public Works Supervisor). If a certified water system manager
is not on staff the Public Works Director/City Engineer will be required to obtain this certification
within the first twelve months of employment.
The Public Works Director/City Engineer shall be knowledgeable in engineering practices, as they
pertain to municipal public works and management of diverse responsibilities with limited resources.
The ability to manage and motivate individuals is required. The Public Works Director/City Engineer
shall have the ability to communicate with the public, elected officials, department heads and peers
in order to maintain a cohesive and consistent Public Works program, as consistent with City goals
and resources.
The Public Works Director/City Engineer must be knowledgeable of governing regulations, be able
to identify necessary regulatory requirements and develop achievable solutions to municipal needs.
Knowledge of design and construction standards such as APWA, WSDOT, AWWA and AASHTO.
JOB DESCRIPTION: PUBLIC WORKS DIRECTOR/CITY ENGINEER PAGE 3 OF 5
LAST UPDATED: FEBRUARY 2009
General knowledge of computers and engineering software and CADD.
Knowledge of local government laws, functions and organizations.
Ability to communicate clearly and concisely, in person and in writing.
Ability to prepare comprehensive reports, estimates, contract documents, and other engineering
documents.
Ability to take independent action to carry out approved policies and procedures and the ability to
recommend revisions.
Ability to effectively delegate responsibility to subordinates.
Ability to make high-level independent decisions and work in an environment that requires tact,
diplomacy and confidentiality.
Working Conditions
The Public Works Director/City Engineer may work either indoors or outdoors as required. The
employee may need to work in confined spaces and may be required to work on ladders, inclines
and in noisy work areas. He/she may be exposed to extremes in temperature, chemicals or noxious
fumes, and to insect stings. The Public Works Director/City Engineer may be required to walk in, or
around hazardous conditions to perform the essential functions of the position.
Exposure to hazards is commonplace. Among the hazards encountered are dampness, direct
sunlight, communicable disease, dust pollen, epoxy chemicals, machinery or its moving parts,
cleaning fluids, chemicals, pesticides, insecticides, paints, cleaning agents or similar solutions, insect
stings, liquid chemicals, noisy work area, noxious odors, fumes or chemicals, and smoke.
Hazardous areas may be encountered, including open ditches, vaults, manholes, heavy machinery,
hazardous gases, excessive noise, and vehicle traffic.
Protective clothing may be required in the performance of some job duties.
Contacts and Relationships
The Public Works Director/City Engineer has frequent contact with the City's elected officials, with
state, county and municipal government officials, and with outside consultants, auditors and other
business -related individuals or agencies. This individual has occasion to work with the City's
attorney on legal matters affecting the operations of the Public Works Department. In the normal
course of business the Public Works Director/City Engineer will have contact with other department
heads, City personnel and the public. These contacts involve a wide variety and range of purpose,
including the need to provide or collect information, coordinate projects or activities and to solve or
negotiate solutions to problems. Communication may be either by telephone, in person or through
written message.
Physical Requirements
JOB DESCRIPTION: PUBLIC WORKS DIRECTOR/CITY ENGINEER PAGE 4 OF 5
LAST UPDATED: FEBRUARY 2009
The Public Works Director/City Engineer must have the overall stamina and ability to perform
moderate strenuous physical activity, including the ability to stand or walk for extended periods of
time, traversing rough terrain, working in or over water, working at heights or on scaffolding, and
lifting or carrying up to 50 pounds. Job requirement may include the ability to climb up to 20 feet
off the ground and bend and/or work in tight or confined areas. The incumbent must be able to
hear alarms and have the ability to audibly identify the presence of danger or hazard. Must have
the ability to sit at a desk and operate a computer for extended periods of time as necessary to
complete work responsibilities. Regular and reliable attendance at the workplace is an essential job
requirement.
Recruiting Requirements
• Possession of valid Washington State Driver's License at the time of appointment or the
ability to obtain within 30 calendar days of employment with a driving record acceptable to
the City's insurance carrier
• High School Diploma
• Graduation from an accredited college or university with a Bachelor of Science Degree in
Civil Engineering, with five years increasingly responsible experience in Civil Engineering
• Must be bondable
• Registered licensed Professional Engineer in the State of Washington
• Five years experience in the supervision and management of personnel required
• Background in and knowledge of various codes and building regulations, including the UBC,
UPC and UMC procedures
• Background in construction and hands-on experience in street and utility function
• All City employees must successfully pass a pre -employment Drug Testing as prescribed by
the City's Drug and Alcohol Testing Policy
Requirements outlined in this job description may be subject to modification to reasonably
accommodate individuals with disabilities who are otherwise qualified for employment in this
position. However, some requirements may exclude individuals who pose a direct threat or
significant risk to the health and safety of themselves or other employees
This job description does not constitute an employment
agreement between the Employer and employee and is
subject to change as the needs of the Employer and
requirements of the job change,
JOB DESCRIPTION: PUBLIC WORKS DIRECTOR/CITY ENGINEER PAGE 5 OF 5
LAST UPDATED: FEBRUARY 2009
CITY OF PORT ORCHARD
JOB DESCRIPTION
Job Title: City Development Director
FLSA: Exempt
Civil Service: Exempt
Department: Development Department
Reports To: Mayor and City Council
Major Function and Purpose
The incumbent in this position plans, organizes, and directs the development, implementation,
and enforcement of City procedures and practices relating to community planning, building
code, fire code, natural resources and zoning and land use administration within the
incorporated City of Port Orchard. The incumbent is also responsible for preparing plans as
mandated by the Washington State Growth Management Act (GMA) and the State
Environmental Policy Act (SEPA).
The Director is directly accountable to the Mayor to identify policy alternatives. The Director
works under broad directives with considerable latitude for independent judgment to effectively
implement the goals and decisions of the City Council, and provides ongoing status reports of
significant activities and programs and/or advises the City Council and Mayor of actions to be
taken which are consistent with statutory guidelines or regulations. Departmental policies are
reviewed by the City Council and Mayor for the effective management of assigned functions.
The Director also makes presentations to the Kitsap Regional Coordinating Council and
participates in the Planning Directors meetings.
Supervision Responsibilities
Under the supervisory control of the Mayor, the City Development Director will organize and
supervise those employees within the Planning Department, including the Associate Planner,
Assistant Planner, Administrative Assistant Planning, the Code Enforcement Officer and the
Building Inspector. He/she will direct the training and work programs of assigned professional
staff. Additionally, the City Development Director will coordinate with the Public Works Department
to carry out the functions of the Planning Department. All work shall be consistent with pertinent
State and Federal rules and City ordinances and policies.
JOB DESCRIPTION: DEVELOPMENT DIRECTOR PAGE 1 OF 5
UPDATED: FEBRUARY 2009
Job Duties and Responsibilities
The job duties and responsibilities represented in this job description in no way imply that these
are the only duties to be performed. Employees occupying this position will be required to follow
any other job -related instructions and to perform any other job -related duties requested by the
Mayor. This job description reflects general details as necessary to describe the principal functions
of this job; the level of knowledge and skill typically required and the scope of responsibility, but
should not be considered an all-inclusive listing of work requirements. Individuals may perform
other duties as assigned, including working in other functional areas to cover absences or relief, to
equalize peak work periods, or to otherwise balance the workload. Specific duties and
responsibilities include, but are not limited to:
• Direct department operations to achieve goals within budgeted funds and available
personnel; plan and organize workloads and staff assignments, review progress, direct
changes in priorities and schedules as needed to assure work is performed in a timely
and efficient manner according to appropriate guidelines, procedures, and legal
regulations. Delegate responsibilities to management team and staff.
• Provide leadership and direction and develop short and long-range plans, goals, and
objectives for department operations; review and update annual, five-year and
comprehensive plans, including capital improvement programs; coordinate departmental
activities with other City departments and outside governmental agencies.
• Foster positive relationships with the public, the development community, environmental
groups, general public and property rights advocates to provide the best possible
customer service.
• Prepare and justify departmental budget based on staffing and resource requirements,
cost estimates, departmental objectives and goals. Monitor all fiscal operations of the
department. Approve all department expenditures. Supervise the purchase and
acquisition of supplies and equipment.
• Provide managerial leadership and direct the selection, supervision, and evaluation of
staff. Establish work rules and performance standards. Conduct or oversee performance
evaluations and initiate and implement disciplinary actions as warranted. Resolve
grievances and other sensitive personnel matters. Provide for the training and
motivation of subordinates in order to make full use of individual capabilities and to
meet changing system demands.
• Direct the preparation of development -related staff recommendations and the fair and
consistent administration and enforcement of subdivision, zoning, shoreline
management, State Environmental Policy Act, Growth Management Act, building,
JOB DESCRIPTION: DEVELOPMENT DIRECTOR PAGE 2 OF 5
UPDATED: FEBRUARY 2009
plumbing/mechanical, energy, handicap and fire codes and other related laws and
ordinances, and the issuance of related permits.
• Analyze and recommend improvements to existing facilities, equipment and operating
systems of the department. Analyze trends and operations for adequacy of service.
Direct the development and maintenance of systems and records that provide for the
proper evaluation, control and documentation of assigned operations.
• Direct advanced planning programs for comprehensive land use planning, housing, and
community block grant programs, utility planning programs, park and recreation
planning and transportation programs. Investigate grant funding sources and direct the
preparation of applications for grants assistance from federal and state agencies.
Develop and approve preliminary work programs for grant applications. Negotiate
contract commitments on all grant applications with federal and state agencies.
• Act as chief staff advisor to the City Council, Mayor, and the Planning Commission on
planning, land use, and building related issues by attending public meetings and public
hearings, presenting staff recommendations, preparing special advisory reports and
making public presentations of staff studies.
• Confer with managers and staff on problems related to programs and activities,
furnishing administrative and technical advice and support. Confer with the Mayor to
develop program emphasis and major department policies, budgetary allotments,
staffing levels and department procedures.
• Provide Development Department and City representation regarding City planning
related issues on various committees and before special interest groups and other
community groups and agencies. Serve as an alternate to the Puget Sound Regional
Council meetings and activities. Participate in the local and state-wide Planning Directors
meetings and other regional meetings.
• Oversee the review of final payment requests from contractors to assure departmental
work was completed according to standards and within the planned budget and
approvals for payment.
• Represent the City as the State Environmental Policy Act Official and sign Director's
Interpretations of City Development Code. Direct the resolution of inquiries, problems,
complaints, or emergencies affecting availability or quality of services. Respond to the
most sensitive or complex inquiries or service complaints.
• Establish and maintain cooperative, effective, and productive working relationships using
tact, patience and courtesy. Effectively plans and organizes work and completes tasks
within prescribed timeframes. Meet with customers to obtain feedback on systems,
regulations and projects of significance. Attend off -hour public meetings. Make
presentations to the general public and organizations.
• Perform other related duties as assigned.
JOB DESCRIPTION: DEVELOPMENT DIRECTOR PAGE 3 OF 5
UPDATED: FEBRUARY 2009
Knowledge, Skills and Abilities
• Extensive knowledge of: Principles and practices of community development, zoning,
planning, construction, building and fire codes and enforcement, and related urban built
environment.
Thorough knowledge of: Management and supervisory principles and practices including
program planning, budgeting, grants, direction, coordination and evaluation. Application
and interpretation of federal, state and local rules, regulations, codes and ordinances as
they relate to area of assignment. Principles, practices and standards of public
administration. Research methods and techniques applicable to community development
and planning. Knowledge of practices and principles of government fiscal management,
including budget preparation, expenditure control, grant writing, and record -keeping.
The Washington State Growth Management Act, State Environmental Policy Act, and
other regulatory requirements.
Ability to: Plan, organize and oversee assigned work programs, including monitoring
work schedules and evaluating work of subordinates. Develop departmental goals,
budgets, and objectives and to conduct and implement planning activities. Analyze and
evaluate department operation, applying judgment and discretion in resolving problems
and interpreting policies and regulations. Effectively respond to and reconcile competing
interests of departments, community organizations, and public representatives as they
affect the planning and operation of assigned operations. Establish and maintain
effective working relationships with co-workers, public officials, contractors, engineers,
public officials, other officials, representatives of other agencies, and the general public.
Facilitate effective public meetings involving groups with diverse and potentially
conflicting interests.
Working Conditions
Work is primarily performed in the office, but also requires driving to meetings and making site
visits. Attendance at meetings may require working evening hours. May be exposed to physical
hazards while conducting inspections of field sites. The incumbent must be able to inspect
construction, planning, and permitting documents. The ability to operate a personal computer is
required.
Qualifications
Bachelor's degree in planning/architecture or closely related field, Master's degree preferred,
and at least two —years of progressively responsible professional level experience in a public
community development position, including supervisory and contract managerial responsibilities,
is required; or any equivalent combination of experience and education which provides the
applicant with the desired skills, knowledge and ability required to perform the work.
Licenses, Certificates & Other Requirements
JOB DESCRIPTION: DEVELOPMENT DIRECTOR PAGE 4 OF 5
UPDATED: FEBRUARY 2009
Certification as a building official, registered architect, or certified planner preferred. Must be
able to fulfill all traveling requirements of this position and meet the qualifications and
guidelines in the operation of a motor vehicle on City business, including possessing and
maintaining a valid Washington State Driver's License and the appropriate amount of
automobile insurance. All City employees must successfully pass a pre -employment Drug
Testing as prescribed by the City's Drug and Alcohol Testing Policy.
The requirements outlined in this job description may be subject to modification to reasonably
accommodate individuals with disabilities who are otherwise qualified for employment in this
position. However, some requirements may exclude individuals who pose a direct threat or
significant risk to the health and safety of themselves or other employees
This job description does not constitute an employment agreement between the
employer and employee and is subject to change as the needs of the employer and
requirements of the job change.
JOB DESCRIPTION: DEVELOPMENT DIRECTOR PAGE 5 OF 5
UPDATED: FEBRUARY 2009
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 9 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Adoption of Resolution No. 025-09,
Transferring the Supervision of
Building Department to the
Planning Department
Meeting Date: March 24, 2009
Prepared by: James Weaver
Atty Routing No:
Atty Review Date:
Development Director
NA
NA
Summary: The proposal was prepared by the Planning Department in coordination with the Public
Works Director and Human Resources staff to examine the potential of relocating the City of Port
Orchard Building Department from the Public Works Department to the Planning Department. The
proposal would place building inspection and code enforcement under the Planning department and
reporting to the same department head. The proposal would only impact the allocation of one (1) staff
position of the Building Inspector from Public Works to Planning and would not propose to impact the
office or the secretarial positions. The proposal before the City Council would be for transfer of the
Building Department from Public Works to Planning, effective in 2009. The proposal is recommended
after consideration of inter -department efficiencies, coordination of expertise and resources, allocation
of workload, and ongoing educational and certification maintenance requirements for the Building
Department.
The Port Orchard Finance Committee met on February 4, 2009, to discuss the Building Department
transfer proposal and recommended that for a draft Resolution to be forwarded to the City Council
Work Study on February 17,2 oo9. The City Council met on February 17,20o9 at their regular Work
Study Session and considered the Building Department Transfer. The City Council recommended that
a Resolution to transfer the Building Department from Public Works to Planning be forwarded for
approval at the March 24th, 20o9, regular City Council meeting as a business item.
Recommendation: Staff recommends the City Council authorize for the Mayor to sign Resolution No.
025-09 to transfer the Building Department from the Public Works Department to the Planning
Department.
Motion for consideration: I move to adopt Resolution No. 025-o9, authorizing the Mayor to execute the
transfer of the Building Department from the Public Works Department to the Planning Department.
Fiscal Impact: None
Alternatives: Do not authorize for the Mayor to execute Resolution No. 025-o9, and do not transfer the
Building Department from the Public Works Department to the Planning Department.
Attachments: Resolution No. 025-09
Exhibits A, B, & C
2-4-09 Finance Committee Minutes
2-17-09 City Council Work-study Minutes
Memorandum to the Finance Committee Dated 2-4-09
9/4/2020 11:09 AM
CITY OF PORTORCHARD
Authorization for Change Order #2
Date: March 24, 2009 Contractor: BHC Consultants, LLC
Project: Sewer Comprehensive Plan 1601 Fifth Avenue. Suite 500
Contract / Job #
Seattle. WA 98101
Brief Description of Change Orderwork (Documentation to be attached):
►r work necessary to complete the 2008 Comprehensive Sewer Plan; excluding the South Kitsap Industrial
'ea (SKIA) as it relates to the proposed 6-year CIP and sewer rates, addition of a program to improve
for control at the McCormick Woods PS#2 and the addition of a Sewer Report as needed for the Tremont
reet Widening project (includes a sewer basin analysis for Sedgwick/Sidney).
Contract History
$ Da to Appvd b
Original Contract
$50,000.00
12-Feb-08
Council
Change Order
$5,000.00
23-Dec-08
Council
Change Order2
$43,000.00
24-Mar-09
Council
Change Order3
Change Order4
Change Order5
Change Order6
Change Order7
Total Contract $98,000.00
I have reviewed the Change Order information above and certify that to the best of my
knowledge descriptionsand costsare true and accurate.
-Submitted by:
Title: Public Works Director/City Engineer
Change Orders over $1,000 up to $15,000 are to be
approved by the Mayor.
Approved:
Mayor
Attest:
City Clerk
Change Orders over $15,000 (perproject) require
Council action.
Council Approval Date
Page 1 of 1
Common/CITYOFPORTORCHARD change order
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 026-09
Public Works Director
Public Works Director
Public Works Director
March 24, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO THE BHC CONSULTANTS CONTRACT
FOR ADDITIONAL WORK REQUESTED TO THE 20o8 SEWER
COMPREHENSIVE PLAN, BEING CHANGE ORDER NO. 2.
WHEREAS, the City of Port Orchard approved authorized the Mayor to sign a
contract with BHC Consultants on November 13, 2007 in the amount not to exceed
$40,000.00 for the preparation of a Technical Memorandum; and
WHEREAS, the City of Port Orchard issued a second contract to BHC
Consultants on February 12, 2oo8 in the amount not to exceed $50,000.00 for the
preparation of a Sanitary Sewer Comprehensive Plan; and
WHEREAS, the City of Port Orchard directed Staff to prepare the South Kitsap
Industrial Area (SKIA) Infrastructure Assessment & Technical Memorandum with this
work added to the second contract with BHC Consultants on December 23, 2008, being
Change Order No. 1;
WHEREAS, the Utility Committee has determined that additional work
associated with the 6-year CIP, odor control improvements at McCormick PS#2 and a
Sewer Report for the Tremont Street Widening project (including sewer basin analysis
at Sidney/Sedgwick) must be provided to complete the 2oo8 Sewer Comprehensive
Plan, being Change Order No. 2; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute Change Order
No. 2 (Exhibit A) for the additional work requested to complete the 2oo8
Sewer Comprehensive Plan.
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 24th day of March 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Adoption of Resolution No. 026-o9,
Authorizing the Mayor to Execute
Change Order No. 2 with BHC
Consultants for 2008 Sewer Comp Plan
Amendment
Meeting Date: March 24, 2009
Prepared by: Mark Dorsey, PE
Public Works Director
Atty Routing No:
Atty Review Date:
NA
NA
Summary: On February 12, 2oo8, the City Council authorized the Mayor to sign a contract with
BHC Consultants in the amount not to exceed $50,000 for the preparation of the 2oo8 Sanitary
Sewer Comprehensive Plan. On December 23, 2oo8 the City Council authorized the Mayor to
sign Change Order No. 1 to the BHC contract in the amount not to exceed $5,000. The Utility
Committee has now determined that additional work associated with the 6-year CIP, odor
control improvements at the McCormick W000ds PS#2 and a Sewer Report for the Tremont
Street Widening project (including sewer basin analysis at Sidney/Sedgwick) must be provided
to complete the 2oo8 Sewer Comprehensive Plan, being Change Order No. 2.
Recommendation: Staff recommends authorization for the Mayor to sign Change Order No. 2 to
the second BHC Consultants contract in the amount not to exceed $43,000.00, for a revised
total contract amount not to exceed $98,000.00.
Motion for consideration: I move to adopt Resolution No. 026-o9, authorizing the Mayor to sign
Change Order No.2 to the contract with BHC Consultants in an amount not to exceed
$43,000.00, for a revised total contract amount not to exceed $98,000.00.
Fiscal Impact: The $1o,000 for the McCormick Lift Station #2 Odor Control Study will come
from the $125,000 budgeted in 2009 for the total project. The 2oo8 Budget allocated $55,000
for the Sewer Comp Plan. Since the plan would not be complete in 2oo8, $16,000 was carried
forward in the 2oo9 Budget. At year end there was still approximately $3,500 of work left out of
the $55,000, leaving $12,5oo budgeted that can apply to Change Order No. 2. There will need to
be a budget amendment for the balance of $20,500. ($10,000+$12,500+ $20,500=$43,000)
Alternatives: None
Attachments: Resolution No. 026-o9
Change Order No. 2
BHC Proposals
CITY OF PORT ORCHARD
CONTRACT NO. C019-09
This contract is made and entered into this 24th day of March 2009, by and
between the City of Port Orchard, Washington, a municipal corporation (the "City), and
Michels Corporation (the "Contractor").
WHEREAS, on February 12, 2009, the City sent out Request for Proposals to
three (3) companies selected from the 2009 Public Works Small Roster for the following
public work: Annual Sewer TV and Lining Maintenance for cleaning, TV, pipe patching,
root cutting and grouting of specified portions of the City's sanitary sewer system (see
Specifications attached); 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 2/26/2009)
B. Specifications
C. City of Port Orchard's Public Works Project Terms and Conditions and
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, the contract amount
of $178,440.66 (sales tax included) for a 9-month service period with the contract term
beginning March 24, 2009. 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.
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 027-09
Public Works Director
Public Works Director
Public Works Director
March 24, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AWARDING A BID FOR THE 2009 SEWER
TV & LINING MAINTENANCE CONTRACT TO MICHELS
CORPORATION
WHEREAS, on February 12, 2009 the City of Port Orchard issued a request for
proposals to three (3) companies listed on the 2009 Public Works Small Works Roster for the
following work: Annual Sewer TV & Lining Maintenance for cleaning, TV, pipe patching, root
cutting and grouting of specified portions of the City's sanitary sewer system; and
WHEREAS, on February 26, 2009, Michels Corporation, which is located in Salem,
Oregon submitted a bid of $178, 440.66; and
WHEREAS, the City Council deems Michels Corporation to be the lowest responsible
bidder; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: For the reasons set forth above, the contract for Annual
Sewer TV & Lining Maintenance is awarded to Michels
Corporation as the lowest responsible bidder.
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 24th day of March 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7F
Subject Adoption of Resolution No. 027-09,
Authorizing the Mayor to Execute
Contract with Michels Corporation
for The 2009 Sewer TV & Lining
Maintenance
Meeting Date: March 24, 2009
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No:
Atty Review Date:
NA
NA
Summary: On February 12, 2009 the City issued Request for Proposal's to three (3) companies
listed on the 2009 Public Works Small Works Roster. Two (2) bids were received prior to
February 27, 2oo9 deadline. The C-More Pipe bid was determined to be "non -responsive". The
Michels Corporation bid was determined to be the lowest responsible bid and notifications were
sent out March 16, 2009. Additionally, it was discovered that Root Foaming by contractors
requires certification (WAC 16-228-1545), but Cities are not bound by the certification. The City
will perform this task. A summary of the proposals received are as follows:
Michels Corporation
C-More Pipe Services
A-1 Services, Inc.
$ 178,440.66
Non -Responsive
Did Not Submit Bid
Recommendation: Staff recommends that the City Council authorize the Mayor to execute a
contract with Michels Corporation for the 2009 Sewer TV & Lining Maintenance Contract in the
amount of $178,440.66, with the contract term beginning May 1, 20o9 and ending December 31,
2009.
Motion for consideration: I move to authorize the Mayor to execute a contract with Michels
Corporation for the 2009 Sewer TV & Lining Maintenance contract in the amount of
$178,440.66, with the contract term beginning May 1, 2oo9 and ending December 31, 2009.
Fiscal Impact: The 2oo9 Budget allocated $19o,000.00 for this activity.
Alternatives: Discontinue the sewer maintenance program
Attachments: Resolution No. 027-09
Sewer TV & Lining Maintenance Contract
Michels Corporation Proposal
Certification of Letter of Intent
City of Port Orchard
I, James Weaver, Development Director of the City of Port Orchard, do hereby certify that I
received on March 6, 2009, a Notice of Intent to Commence Annexation Proceedings for an area
located in the vicinity of the intersection of Geiger Road and Sedgwick Road east of State Route
16; that Portion Of Section 11, Township 23 North, Range I East, Willamette Meridian, In
Kitsap County, Washington.
The petition contained signatures of property owners, which were verified by comparing them
with the Kitsap County Assessors records.
The assessed valuation of the area proposed to be annexed is $2,228,390.
The assessed valuation of signatures represents $419,570.00. The signatures therefore constitute
more than the required 10 percent, which figure would be $2,361,810.00.
SIGNED AND SEALED this 16th day of March, 2009.
2- !/
ames Weaver
Port Orchard Development Director
Perimeter Description:
SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IQTSAP COUNTY,
WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID
NORTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE SOUTH 970 FEET
THENCE EAST 393.5 FEET
THENCE SOUTH 150 FEET
THENCE EAST 283 FEET
THENCE NORTH 450 FEET
THENCE EAST 643.5 FEET
THENCE NORTH 10 FEET
THENCE EAST 266 FEET
THENCE NORTH 330 FEET
THENCE WEST 266 FEET
THENCE NORTH 5 FEET
THENCE WEST 318.5 FEET
THENCE NORTH 125 FEET
THENCE WEST 325 FEET
THENCE NORTH 200 FEET
THENCE WEST 676.5 FEET TO THE POINT OF THE BEGNINNING
The owners of the property:
4931 Geiger Rd SE, Port Orchard, WA 98367
Kitsap County Tax ID: 112301-1-021-20-08
would like Daniel Horovitz and Stephen Shepard to represent them in the matter of the
annexation of the above property from Kitsap County into the City of Port Orchard.
This does not imply legal representation to the above persons, but does allow Mr.
Shepard and Mr. Horovitz to help process paperwork and conduct discussions with City
and County officials toward the goal of annexation.
This representation is limited to the matter of annexation to the City of Port Orchard.
Any legally binding actions require the consent and signatures of the owners of the
property as required by the City of Port Orchard, Kitsap County and any other legal
authority.
-- - - ---------
Jonna C Johnson
-------------
D el Horovitz
bAJ'I-> A S014A�SW l
-3
Date
3/-:10-C7-
Date
9-2-0'j
Date
3 -j- o°l
NOTICE OF INTENT TO PETITION FOR ANNEXATION
TO CITY OF PORT ORCHARD
Proposed Annexation Name .,#D -5DelWlCk File No.
Total Assessed Valuation of Propo d Annexation $ �s'0 ' —�
Total Assessed Valuation Represented by Signatures $ /�/ `Z�D
Percent of Assessed Valuation Represented by Signatures ( � %)
The Honorable Mayor and City Council:
We, the undersigned, being the owners of not less than ten percent (10%) in value,
according to the assessed valuation of general taxation of the property described in Exhibit A
attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby advise the
City Council of the City of Port Orchard that it is our intention to commence annexation
proceedings under the provisions of RCW 35.13.130 through 35.13.160, so that the territory
described in Exhibit A can be annexed to and made a part of the City of Port Orchard.
It is requested that the City Council of the City of Port Orchard set a date, not later than
sixty days after the filing of this request, for a meeting with the undersigned to determine
whether the City Council will accept, reject, or geographically modify the proposed annexation,
whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has
been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and
35.13.178, and whether it shall require the assumption of all or any portion of existing city
indebtedness by the area to be annexed.
WARNING
Every person who signs this petition with any other than his or her true 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.
Printed Name: J'Ony-c1 `j OhY�LY� Signature: � t�
Property Address/Location:7 231 �%�1 R� 5= �Date
Property Description: /lZ 3p/ - I -OZ/ Z00 5j
(Tax Parcel Number(s))
Planning Fotm 004/Notiw of Intent to Petition for Annexation ApplicatioN (Rev. I OM)
Sedgwick & Bethel Proposed Annexation
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 9 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7G
Subject: Meeting with Initiating Parties
Regarding Notice of Intent to Petition
for Geiger II- Geiger and Sedgwick
Annexation
Meeting Date: March 24, 2009
Prepared by: James Weaver,
Atty Routing No:
Atty Review Date:
Development Director
NA
NA
Summarv: A Notice of Intent to Petition for Annexation was received on March 6, 2009, to annex nine
parcels totaling approximately 21.57 acres. The parcels are located in the vicinity of SE Sedgwick Road
and Geiger Road SE east of State Route 16, in That Portion Of Section 11, Township 23 North, Range 1
East, Willamette Meridian, In Kitsap County, Washington. The parcels are in the City's currently
recognized Urban Growth Area. Five parcels have a County Comprehensive Plan designation of Urban
Low -Density Residential and zoning of Urban Low Residential (4-9 DU/Ac) and the remaining four
parcels are designated Urban High -Intensity Commercial/Mixed Use in the County's Comprehensive
Plan with a zoning designation of Highway/Tourist Commercial.
RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify
the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan,
and whether it will require the assumption of all or of any portion of existing city indebtedness by the
area to be annexed.
The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By
accepting a notice of intent to annex, the Council is not committing itself to annex if/when a sufficient
petition is presented to it. The decision to accept merely allows the annexation to go forward
procedurally and allows a petition to be circulated.
Recommendation: Staff recommends that the Council allow a petition to be circulated for annexation of
the property described in the Notice of Intent and require the simultaneous adoption of comprehensive
plan and zoning designations, and the assumption of existing City indebtedness by the area to be
annexed.
Motion for consideration: I move to allow the applicant to circulate a petition for annexation of the
property 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.
Alternatives: Allow circulation of the annexation petition as proposed, geographically modify the
proposed annexation, or reject the annexation.
Attachments: Notices of Intent to Petition for Annexation
Legal Descriptions
Valuation certification
Map
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 7H Meeting Date:
Subject: Tremont Widening Project Funding Prepared by:
Atty Routing No
March 24, 200
Patti Kirkpatrick, CMC
City Clerk
NA
Atty Review Date: March 24, 2009
A MOTION TO AMEND THE AGENDA TO ADD BUSINESS ITEM 7H REGARDING
TREMONT WIDENING PROJECT FUNDING IS IN ORDER AT THE START OF THE
MEETING.
Summary: At the March 17, 2009 Work Study Session, the Council came to a consensus that it
would be in the best interest of the City to withdraw its request for TIB funds for the Tremont
Street Widening Project due to project delays and unforeseen cuts in the TIB's budget.
Motion for consideration: I move to withdraw the City's request for Transportation
Improvement Board (TIB) Funds for the Tremont Street Widening Project due to project delays
and unforeseen cuts in the TIB's budget and as requested by the Transportation Improvement
Board.
City of Port Orchard
Council Meeting Minutes
Regular Meeting of March 10, 2009
7:00 P.M. CALL TO ORDER AND ROLL CALL
PRESENT: Lary Coppola, Mayor
Councilmembers: Mayor Pro-Tem Powers, Clauson, Chang, Childs, Colebank, Olin,
and Putaansuu
ALSO PRESENT: Police Chief Townsend, Public Works Director Dorsey, Development Director
Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby.
PLEDGE OF ALLEGIANCE
Cindy Lucarelli led the audience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
Ron Bates, 204 Rockwell Avenue, voiced concern with the new storm water fee of $7 per month and
requested his two properties be exempt; and commented on the growing drug problem in the City.
APPROVAL OF AGENDA
Councilmember Clauson moved and Councilmember Colebank seconded the motion
approving the Agenda. Upon vote, the motion passed unanimously.
APPROVAL OF CONSENT AGENDA
Councilmember Putaansuu moved and Councilmember Colebank seconded the
motion approving the Consent Agenda. Upon vote, the motion passed unanimously.
A. Approval of Claim Warrants #51304 through #51393 in the amount of $21o,961.94;
February Payroll Warrants #142142 through #142203 in the amount of $441,8o8.57; and
Treasurer's check book in the amount of $1,343,655.42•
B. Approval of the February 17, 2009, Work Study Session Meeting Minutes
C. Approval of the February 20, 2oo9, Retreat Work Study Session Meeting Minutes
D. Approval of the February 24, 2009, Council Meeting Minutes
E. Adoption of Resolution No. o19-o9, Regarding Surplus of Police Vehicles
PRESENTATION
Proclamation: Municipal Clerks Week
Mayor Coppola presented the Proclamation to Deputy City Clerk Rinearson. Ms. Rinearson thanked
the Council for their continued support.
PUBLIC HEARINGS
Closed Record Public Hearing: Regarding Poplar Heights Birthing Center Rezone R-
1172
City Attorney Jacoby presented the staff report, noting the applicant requested a change in zoning
designations from R4.5 to R20. City Code authorizes the Hearing Examiner to hold an open record
hearing on rezone requests that are not part of the Comprehensive Plan Amendment Process. The
City Council's decision must be based solely on the record that was created during the proceedings
before the Hearing Examiner. City Attorney Jacoby advised that the public may speak, but the
Council and members of the audience must rely on the record of the Hearing Examiner as no new
evidence can be introduced.
Minutes of March 10, 2009
Page 2 of 4
Mayor Coppola opened the closed record Public Hearing, and there being no testimony, closed the
Public Hearing at 7:10 p.m.
Public Hearing: Regarding Annexation of Washburn, Grant, and Crothers Property
Development Director Weaver presented the staff report, noting three property owners submitted a
Petition for Annexation on September 16, 2008, to annex four parcels which total approximately
11.25 acres located southwest of the intersection of Sedgwick Road and Glenwood Road. The owners
intend to extend additional residential uses on their parcels and are requesting to be annexed with
the City comprehensive plan designation of Residential: Medium Density and a zoning designation
of R8 single family detached/attached as interim zoning and land use pending 2010
Comprehensive Plan amendments.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing
at 7:13 p.m.
Public Hearing: Regarding Annexation of Geiger Road
Development Director Weaver presented the staff report, noting the two property owners submitted
a Petition for Annexation to annex three parcels which total approximately 33.18 acres, and the
associated right-of-ways, located in the vicinity of the intersection of Sedgwick Road and State
Route 16. The owners intend to extend residential uses on their parcels and are requesting to be
annexed with the City comprehensive plan designation Residential: High Density and a zoning
designation of R20 single/multiple family detached/attached as interim zoning and land use
pending 2010 Comprehensive Plan amendments.
Mayor Coppola opened the Public Hearing at 7:16 p.m.; and continued the Public Hearing to the
March 24, 2009, Council meeting.
NEW BUSINESS
Adoption of Ordinance No. oo6-o4, Approving the Poplar Heights Birthing Center
Rezone R-1172
City Attorney Jacoby presented the staff report, noting a closed record Public Hearing was
conducted earlier in the evening to discuss the requested rezone of the subject property from
Residential 4.5 (R4.5 Zoning) to Residential R2o. The Settlement Agreement was submitted on
February 19, 20o9, and consists of the rezone application originally submitted on August 1, 2008.
This Ordinance is being considered in partial fulfillment of the City's obligations pursuant to the
terms of a settlement agreement between the applicant and the City. Staff recommends adopting
the Hearing Examiners' recommendation under Resolution No. oo6-o9.
Councilmember Olin moved and Councilmember Colebank seconded the motion to
adopt Ordinance No.006-o9, approving the request to rezone the property located at
215 Poplar Street, Port Orchard from R4.5 to R20. Upon vote, the motion passed
unanimously.
Adoption of Ordinance No. oo7-o9 Approving Annexation of Washburn, Grant, and
Crothers Property
Development Director Weaver presented the staff report, noting a Public Hearing was conducted
Minutes of March 10, 2009
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earlier in the evening regarding the annexation of four parcels, which total approximately 11.25
acres, located southwest of the intersection of Sedgwick Road and Glenwood Road. With approval of
this annexation, these properties will have an interim City Comprehensive Plan Designation of
Residential: Medium Density and a zoning designation of R8 single family detached/attached.
Councilmember Clauson moved and Councilmember Childs seconded the motion to
adopt Ordinance No. 007-09, approving the Washburn, Grant, and Crothers
annexation request of four parcels that total approximately 11.25 acres and the
associated public right-of-way. As provided in the annexation petition, 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 effect date of this annexation.
Upon vote, the motion passed unanimously.
Letter to South Kitsap School District RE: McCormick Woods Development
Agreement
Development Director Weaver presented the staff report, noting the South Kitsap School District
has asked the City to provide written assurances that if the McCormick Woods annexation is
approved; the City will abide by the terms of the existing development agreements that relate to the
School District and storm water and transportation issues. It is contemplated that if the annexation
is successful a formal agreement will be drafted at a later date. Staff recommends authorizing the
Mayor to sign the McCormick Woods' letter.
Councilmember Putaansuu moved and Councilmember Clauson seconded the motion
to authorize the Mayor to sign the letter to the South Kitsap School District regarding
the McCormick Woods development agreements. Upon vote, the motion passed with
five affirmative votes and two dissenting votes. Councilmember Chang and
Councilmember Colebank cast the two dissenting votes.
In response to Councilmember Olin, City Attorney Jacoby explained that he was verifying whether
or not the School District can sign the petition for annexation based upon current State statutes,
which are ambiguous in this matter.
Dick Davis, McCormick Woods Annexation Committee Chair announced that the total assessed
valuation collected at the time of this meeting was 77.6%, which put them over what was required by
State statute.
CITIZENS COMMENTS
Ron Bates urged the Council to not charge its citizens for storm drainage. Public Works Director
Dorsey explained that this is a Federal mandated program that the City must comply with.
COMMITTEE REPORTS
Councilmember Childs announced the Tourism Committee will meet on Wednesday, March 11,
20og, at 2:00 p.m. at City Hall.
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Councilmember Putaansuu announced the Utility Committee will meet on Wednesday, March 11,
20og, at 7:3o a.m. at Myhre's.
Councilmember Clauson informed the Council that the union negotiations were going well.
MAYOR'S REPORT
Mayor Coppola announced the City has passed its 18th perfect audit; he will be meeting with all
department heads to look at reducing the overall budget by five percent; attended a ribbon
ceremony for new businesses in the City; and stated the Kitsap County Consolidated Housing
Authority is close to a possible financial solution.
REPORT OF DEPARTMENT HEADS
There were no Department Head reports.
EXECUTIVE SESSION
At 8:17 p.m. Mayor Coppola recessed the meeting for a twenty -minute executive session regarding
potential litigation and real estate issues in accordance with RCW 42.30.11o(1)(i)(A)(C). City
Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a
result of the executive session.
ADJOURNMENT
At 8:37 p.m. Mayor Coppola adjourned the meeting.
Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor