06/09/2009 - Regular - PacketCITY OF PORT ORCHARD
,.., 216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
City Council Meeting Agenda
June 9, 2009
7:00 P.m.
�. 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, Payroll & Treasurer's check book
B. Approval of the May 19, 2009, Work Study Session
C. Approval of the May 26, 2009, Council Meeting Minutes
5. PRESENTATION
6. PUBLIC HEARING
A. Public Hearing: Six -Year Transportation Improvement Plan (Dorsey)
B. Public Hearing: Amending the Comprehensive Plan Regarding the Provision of Sanitary Sewer
Service to South Kitsap Industrial Area (SKIA) (Jacoby)
7. BUSINESS ITEMS
A. Adoption of Resolution No. 058-o9, Approving the Six -Year Transportation Improvement
Plan (Dorsey)
B. Adoption of Ordinance No. 014-o9, Amending the Comprehensive Plan Regarding Sanitary
Sewer Service to South Kitsap Industrial Area (SKIA) (Jacoby)
C. Adoption of Ordinance No. 015-09, Approving the Walton Open Space Request (Weaver)
D. Adoption of Ordinance No. o16-o9, Amending Port Orchard Municipal Code Chapter 5.6o
Safe and Sane Fireworks Section 5.6o.040 Pertaining to the Number of Licenses to be Issued
Annually (Kirkpatrick)
E. Adoption of Resolution No. 059-o9, Repealing Resolution No. o18-o8, and Providing the
Public Works Director and Mayor with Change Order Authority (Kirkpatrick)
F. Adoption of Resolution No. o6o-o9, Authorizing the Mayor to Execute Supplemental No. 9
with Berger Abam Regarding Tremont Widening Project (Dorsey)
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.ci"o ortorchard.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
June 9, 2009, Meeting Agenda Page 1 of 2
G. Adoption of Resolution No. o6i-og, Authorizing the Mayor to Execute Contract with N.L.
Olson and Associates for Melcher Pump Station Survey (Dorsey)
H. Approval of Public Event: Poker Run for Veterans Cancer Research (Kirkpatrick)
I. Approval of Public Event: Fourth of July Celebration — Block Party (Kirkpatrick)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
io. REPORT OF DEPARTMENT HEADS
ii. 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
June 5, 2009
Bayview Java & Deli
7:30 a.m.
Tourism Committee
June 10, 2009
City Hall
5:00 P.M.
Festival of Chimes and Lights
June 10, 2009
City Hall
6:00 p.m.
Utilities Committee
June 12, 2009
Myhre's
7:30 a.m.
Sewer Advisory Committee (SAC)
June 17, 2009
S.K.W.R.F
6:30 p.m.
Public Property Committee
T.B.D.
Work Study Session
June 16, 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
June 9, 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. Public Hearing Item 6A
Subject: Six -Year Transportation
Improvement Plan
Meeting Date: June 9, 2009
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No: N/A
Atty Review Date: N/A
Summary: Based on Washington State Department of Transportation requirements, Cities are
required to submit their Six -Year Transportation Improvement Plan (TIP) annually. Attached is
a copy of the City's TIP which covers the years 2010-2015. This document is required to be
financially constrained, which means that projects' funding (either secured or proposed) must be
realistic based on the City's budget. The City has transportation needs that include upgrading its
street and pedestrians facilities and providing maintenance activities on its streets and
sidewalks. Federal and State funding, for the most part, is available on a very competitive basis.
The City has to look at innovative ways of funding transportation shortfalls such as forming
Local Improvement Districts (LIDs) by which residents agree to tax themselves to do these
improvements. More discussion on this issue will be part of the City's upcoming budget
preparation.
Recommendation: Open the Public Hearing
Alternatives: Do not open the Public Hearing
Attachments: Exhibit "A" Six -Year Transportation Improvement Program 2010-2015
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. Public Hearing 6B Meeting Date:
Subject: Amending the Comprehensive Plan Prepared by:
Regarding the Provision of Sanitary
Sewer Service to South Kitsap Atty Routing No:
Industrial Area (SKIA) Atty Review Date:
June 9, 2009
Gregory A. Jacoby
City Attorney
NA
NA
Summary: In February 2009, the City of Bremerton filed a Petition for Review with the Central
Puget Sound Growth Management Hearings Board regarding portions of the City's 2oo8
Comprehensive Plan amendments relating to sanitary sewer service to SKIA. Bremerton and
Port Orchard staff and attorneys have met to discuss changes to text and figures that would be
satisfactory to both municipalities. Those proposed changes are incorporated into a proposed
Ordinance that will be discussed later in the evening. This hearing is being held in accordance
with RCW 36.7oA.130(2)(b), which allows a city to amend its comprehensive plan, after public
participation, to resolve an appeal to the Growth Management Hearings Board. This public
hearing was duly notice to provide the general public with an opportunity to comment on the
proposed amendments.
Recommendation: Hold the public hearing.
Motion for consideration: None.
Fiscal Impact: None.
Alternatives: Don't hold the public hearing.
Attachments: None.
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 058-09
Public Works Director
Public Works Director
Public Works Director
June 9, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING THE SIX -YEAR TRANSPORTATION IMPROVEMENT
PROGRAM FOR THE YEARS 2010-2015.
WHEREAS, the Council adopts the six -year transportation improvement
program annually for the following six -years; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HERESY RESOLVES AS FOLLOWS:
THAT: The six -year construction portion of the Six -Year
Transportation Improvement Program for the years 2010-2015, a copy
of which is attached hereto and marked Exhibit "A" and is an integral
portion of the Six -Year Comprehensive Street Program for the City of
Port Orchard is hereby adopted.
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 9th day of June 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, 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. Business Item 7A Meeting Date:
Subject: Adoption of Resolution 058-09, Prepared by:
Approving the Six -Year
Transportation Improvement Plan Atty Routing No:
Atty Review Date:
June 9, 2009
Mark R. Dorsey, P.E.
Public Works Director
N/A
Summary: The Council held a Public Hearing earlier this evening, as required, to hear testimony
regarding the Six -Year Transportation Improvement Plan for the years 2010-2015.
Recommendation: Staff recommends adoption of the City's Six -Year Transportation
Improvement Plan as presented.
Motion for consideration: I move to adopt Resolution No. 058-o9, approving the Six -Year
Transportation Improvement Plan for the years 2010-2015.
Fiscal Impact: There is a fiscal impact on the City in terms of funding its portion of the street
improvements. It is also apparent that the City does not have all necessary funds to execute the
programmed projects. Other innovative funding methods to consider include grants, a
Transportation Benefit District, Local Improvement Districts, and private development
improvements.
Alternatives: None.
Attachments: Resolution No. 058-o9
See: Public Hearing Item 6A for Exhibit A
Ordinance No. 014-09
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6.3 Economic Development Goals and Policies
This plan addresses Economic Development in several categories, each with associated
goals and policies for economic development identified for Port Orchard as they
provide the primary foundation for this Economic Development element, supporting
both the overall vision of the Comprehensive Plan and the needs and desires of the
community.
Goal 1. Support a vital diversified economy that provides living
wage jobs for residents, supported by adequate land
for a range of employment uses, and that encourages
accomplishment of local economic development goals.
Policy ECON -1 Provide, through sub -area & comprehensive plans, zoning, & land use
designations, that create an adequate supply of land to accommodate the
targeted employment growth.
Goal 2. Encourage economic growth and diversification that
minimizes long-term and short-term cyclical
unemployment, decreases dependence on the national
defense industry and decreases dependence upon the
income of residents who commute out of the city.
PdicyECON -2 Implement long-term economic policies that will encourage and assist in
developing an economic market analysis and a strategy to support the needs of
employers, thus meeting diversification and employment objectives and
improving the City's tax base.
Policy ECON-3 Improve competitiveness in economic development by encouraging and
developing incentives for business growth, expansion, and relocation.
Policy ECON4 Improve the jobs/Housing balance on a City-wide basis.
Policy ECO -5 Adopt an employment target for the creation of one new living wage
employment or job opportunity for every new household population growth
forecasted through the 2025 planning period.
Policy ECON -6 Encourage office development to increase Citywide share of office space.
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Goal 3. Increase the number of primary jobs, which are jobs
producing goods or services that are principally sold to
clients outside of the City, that in turn enable the
creation of secondary jobs, which are jobs that
produce goods or services that principally serve clients
within the City.
Policy ECOW Recapture a percentage of retail and service sales occurring within the City.
Concentrate on local community goods, unique services, and an emphasis on
quality and service.
PolicyECON-8 Support implementation of the City of Port Orchard Economic Development
Plan and complement economic growth of the City of Port Orchard.
Goal 4. Promote and support a healthy, diverse economy that
provides for a strong and diverse tax base, encourages
expansion of business, creates industrial and
employment opportunities to attract new industry to
Port Orchard, and fosters new industry that is
environmentally responsible and consistent with the
Comprehensive Plan.
Policy ECON-9 Recognize the arts as a growing component of the South Kitsap economy.
Encourage and support the creative and economic contribution of the arts as an
ongoing economic contribution to the diversity of Port Orchard.
PolicyEOON-10 Recognize tourism as a growing component of the South Kitsap economy.
Encourage and support the economic contribution of tourism as an ongoing
economic contribution to the diversity of South Kitsap. Encourage participation
in selected community events and destinations by visitors with multiple -day
stays.
PdicyECON-11 Encourage small business enterprises and cottage industries, and allow
appropriate and traditional home occupations as permitted by local regulations.
PdicyE:CON-12 Encourage providing space for small-scale low -impact enterprise developments
to allow for non -retail business uses that have minimal impacts on the
environment and surrounding uses, including, but are not limited to, artists'
studios, research and development, computer software development and
manufacture, commercial kitchen for value-added farm product processing,
duplicating services, and small-scale assembly. Creative ways of providing
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affordable commercial space should be considered, and live -work opportunities
should be explored as a component of the development.
PolicyECON -13 Establish Port Orchard as a unique and significant waterfront destination with
recreational and retail opportunities for tourists and residents.
PolicyECON -14 The City shall value and preserve its historic commercial district creating a
visible link to its unique maritime past.
Goal S. Provide a diverse mix and appropriate range of
commercial, industrial, and business park uses within
Port Orchard and South Kitsap area that will provide
living wage jobs.
PolicyECON-15 Encourage mixed use developments within commercial districts that will
enhance the visual, economic, and environmental quality of these areas and
improve the transition between commercial and residential districts.
Policy ECON -16 Encourage pedestrian orientation for non-residential uses and office or
residential uses above ground floor retail uses.
PolicyECON -17 Discourage strip commercial development type patterns and signage, and
concentrate commercial/office development into "nodes" or pedestrian friendly
village -type developments.
Goal 6. Balance business and industrial development with
environmental protection and continue to maintain
and enhance the quality of life in Port Orchard as
growth occurs.
PolicyECON -18 Provide for the location of environmentally responsible light industrial,
manufacturing, commercial, and high technology firms within Port Orchard.
Policy ECON -19 Encourage the use of "green" materials and techniques in all types of
construction. Adopt the US Green Building Council, Leadership in Energy and
Environmental Design (LEED) certification and evaluation process.
PolicyECON -20 Encourage public sector solid waste reduction and recycling. Develop and utilize
methods to help businesses find markets for surplus materials, byproducts and
waste.
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Ordinance No. 014-09
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PolicyEOON-21 Encourage local enterprises to participate in programs such as the Solid and
Hazardous Waste and EnviroStars programs of the Bremerton-Kitsap County
Health District and the Green Works program of the Kitsap County Public
Works Department, which recognize and assist business efforts to protect the
environment.
Goal 7. Support and coordinate economic expansion and
diversification through the development of capital
facilities, multi -modal transportation and urban
services.
PolicyEOON-22 Encourage the full utilization and development of designated commercial and
industrial areas. Promote revitalization within existing developed areas to take
advantage of the significant investments in existing buildings and infrastructure.
PolicyEOON-23 Rehabilitation and expansion of existing commercial facilities should be
encouraged in preference to building of new commercial facilities.
Goal 8. Ensure that economic development will be concurrent
with the existing capacity of required capital facilities.
Policy ECON-24 Development plans shall consider, in addition to other infrastructure, a
technology infrastructure component depicting the type and siting of technology
infrastructure, including fiber optic or other high-speed data links, provisions for
reserve capacity and future expansion, such as reserve space inside planned
conduits.
Goal 9. Make use of the land use and strategic location of the
Port Orchard to attract new employers to the City
and allow existing employers to expand.
PolicyEODN-25 Encourage the cooperation of agencies and groups interested on economic
development of the sub -area in developing a campaign to attract new
businesses, while retaining existing ones.
PolicyEOON-26 Encourage economic development opportunities utilizing aviation, rail, marine,
and transportation infrastructure connecting Port Orchard and the South Kitsap
Industrial Area.
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PolicyEOON-27 Encourage business opportunities that maximize the availability of highly skilled
workforce and geographic proximity associated with existing military facilities.
Goal 10. Foster and facilitate partnerships and cooperation
among government, private corporations, and nonprofit
entities to promote the economic development goals
and policies of the Comprehensive Plan.
PdlcyECON-28 As appropriate, work with other jurisdictions and agencies such as state and
federal agencies, Tribes, the Port of Bremerton, the cities, the Kitsap Economic
Development Council (KEDC), Chamber of Commerce, and the Kitsap County
Public Utilities Districts, in marketing and developing the City of Port Orchard.
PolicyECON-29 Collaborate with tribal governments, ports, and other special districts to
identify innovative development methods such as public and private partnerships
and community development assistance financing to increase economic vitality.
PollcyEODN-30 Property Owners and the Chamber of Commerce will encourage Kitsap
County, adjacent cities, and the KEDC in actively recruiting new employers to
locate within the City of Port Orchard and in encouraging existing employers to
expand their business within the City of Port Orchard.
Goal 11. Attract new educational institutions and improve, and
expand existing educational institutions that provide
vocational and postsecondary programs to assure a
highly skilled, technically trained resident work force.
Policy ECON-31 Encourage development of a state or private 4-year university, or promote
further expansion of existing educational institutions.
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10.6.1 Wastewater System Summary
The City of Port Orchard Public Works Department provides wastewater service in
coordination with the West Sound Utility District to the citizens of Port Orchard, as
well as the majority of the citizens in adjacent Urban Growth Areas. The wastewater
service areas include the Port Orchard Urban Growth Area, the McCormick Woods
Urban Growth Area, and a potential future service area including the South Kitsap
Industrial Area Urban Growth Area. The City of Port Orchard has developed
Comprehensive Sewer Plans in coordination with both Kitsap County, West Sound
Utility District (Formerly Karcher Creek Sewer District), most recently updated in
December 2006 (Ordinance 026-06) Ongoing Wastewater Capital Facilities Plans. It is
based upon information available to the City and from several consultant studies as well
as joint West Sound Utilities District data, analysis, and input. The existing Wastewater
Plans provide an in-depth analysis of the system characteristics and potential areas for
improvement and expansion using a twenty-year time frame. This Wastewater Plan will
be updated in the very near future as changing demographics and technologies arise in
coordination with shifting needs resulting from annexation, and most likely the
Wastewater Capital Facilities Plans will be updated yearly. To help protect water quality,
it should be noted that the City's Shoreline Master Program already requires the
installation of sewage disposal facilities at private and public marinas.
The population served by the system was estimated in Equivalent Residential Units
(ERU) which account for people present on a daily basis but who may not be residents
(e.g. school children or employees). Metered water use is based upon 180 gallons per
day, which is a State standard. The projected system population is based upon current
trends in water system use. Unanticipated major new developments are not included in
this calculation.
The basins within the Wastewater Service Area conform to the service area of the
system including the South, Central and East branches. The Southern branch serves
from Pottery Avenue northward along Port Orchard Boulevard. The Central branch
Ordinance No. 014-09
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serves from the intersection of Sidney Avenue and Tremont Street northward along
Cline Avenue. The East branch serves the area to the east of Blackjack Creek. These
three branches can serve existing service areas south to Sidney and West to
McCormick Woods and potential future connections beyond to SKIA. These three main
trunk lines connect to the pump station at the Port Orchard Marina and are pumped to
the treatment facility in Annapolis.
Improvements recommended in the Sewer Plan are for increased maintenance and
replacement of basin areas that have high inflow and infiltration. Inflow and infiltration
result from rain water leaking into the lines during storms, filling up the lines and
requiring the distribution system and treatment plant to handle more water than is
necessary. In older areas of the City this problem is largely due to side sewer
connections. In order to make any meaningful improvements to the system, expensive
basin -wide repairs would be necessary. This would include replacing both laterals and
side sewers. The City's studies recommend an alternative approach (bio-membrane
package scalping plants) to assist in the major replacement of increased maintenance and
repair to extend and increase the efficiency of the existing laterals and trunk lines. It has
been determined that there is little growth potential in the Eastern branch service basin
because it is bordered to the east by the West Sound Utility District. The Central
branch is surrounded by the service area of the Eastern and Southern branches. The
Southern branch appears to be in the best position to serve most of the undeveloped
properties in, and surrounding, the City.
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Goal 9 Utilize best construction methods and practices and
innovative techniques in the design and construction of
sewer utilities.
Policy CF 53 Schedule construction activities to avoid sensitive times in the lifecycle of fish
and wildlife, such as spawning, nesting, and migration.
Policy CF 54 Coordinate construction of sewerage improvements with other utilities.
Policy CF 55 Whenever possible, construction should be scheduled to minimize disruption of
access to area residences and businesses.
Policy CF 56 The City shall require all new development to connect to public sewer and
water systems, unless physically or financially infeasible.
Policy CF 57 Collaborate with the Port of Bremerton and the City of Bremerton for
potential future wastewater infrastructure improvements within South Kitsap
Industrial Area.
Ordinance No. 014-09
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CHAPTER 11. IMPLEMENTATION
11.1 Implementation
The primary goal of the Port Orchard Comprehensive Plan Update is to provide for
orderly development at urban levels for parcels within the City of Port Orchard and for
parcels within the Port Orchard Urban Growth Area, the unassociated McCormick
Woods Urban Growth Area, and as a potential future wastewater service provider for
the South Kitsap Industrial Area (SKIA) Urban Growth Area. With its adoption, this
City of Port Orchard Comprehensive Plan Update adopts the population, methodology,
analysis, and capital facilities planning identified in the 2006 Kitsap County
Comprehensive Plan 10 Year Update and Environmental Impact Statement and will
concurrently amend the Land Use Map designations for the City of Port Orchard.
The City recognizes the need for cooperation with Kitsap County in the designation of
UGA boundaries, provision of public services, concurrency requirements and inter -local
agreements. The goals, policies and implementation strategies of this chapter are
intended to guide the future actions of affected jurisdictions. The goals and policies of
this chapter will be further accomplished by the implementation of coordinated water
system plans, storm water system management plans, sanitary sewer plans,
transportation plans, capital improvement plans, zoning changes and other actions
undertaken by the jurisdictions, either individually or jointly.
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11.2 Goals and Policies
1 1.2.1 Governance
The following summarizes the key policies and implementation steps pertaining to future
governance of the sub -area.
Goal I. To establish general guidelines for orderly
development within the City of Port Orchard and
future annexation areas.
Policy IMP -I Amend existing development regulations and the zoning map to be
consistent with, and implement, this Comprehensive Plan Update.
Policy IMP-2 Address specific issues regarding the provision of services to the Port
Orchard UGA, McCormick Woods/ULID #6 UGA and potential future
provision of wastewater service to the South Kitsap Industrial Area
(SKIA) UGA, dispute resolution, and other issues relating to the
implementation of this Plan through inter -local agreement(s) between the
City of Port Orchard and adjacent jurisdictions.
Policy IMP-3 The County will be the lead agency for coordinating and reviewing
developments proposals until such time as the area is annexed by the
City.
Policy IMP-4 The City should provide timely notification of proposed development
actions or annexation actions that may impact adjacent jurisdictions to
promote inter -jurisdictional communication and participation.
Ordinance No. 014-09
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1 1.2.2 Capital Improvements
Detailed information on the capital improvements and services necessary to meet the
adopted levels of service for the City, with identification of funding to implement the
planned facilities and urban service improvements, is set forth in the Capital Facilities
Plan Update, the 2006 Kitsap County Comprehensive Plan 10-Year Update and
Environmental Impact Statement, and by the implementation of coordinated water
system plans, storm water system management plans, sanitary sewer plans,
transportation plans, capital improvement plans, zoning changes and other actions
undertaken by the jurisdictions, either individually or jointly. The following policies set
forth the general implementation strategies for the provision of urban services.
Goal 2 To implement the necessary capital improvements
identified in Port Orchard and to ensure the timely
and efficient provision of urban services to the City,
and adjacent Urban Growth Areas.
Capital Improvements - Generally:
Policy IMP-5 The City and each provider of urban services within the sub -area will
assist in the planning, coordination and establishment of urban services
and facilities to serve the projected build out of the area.
Policy IMP-6 The City and service providers will seek opportunities for providing joint
infrastructure or combining operations to achieve greater efficiency and
effectiveness in service provision.
Water Service:
Policy IMP-7 The City of Port Orchard and the West Sound Utilities District, are the
water service providers for the City and coordinated Comprehensive
Water System Plans should be formally endorsed by resolution by each
service provider, documenting the intent to conform with all applicable
utility, water service and capital facilities plans.
Policy IMP-8 Water service to the City should be accomplished through inter -local
agreements and be reflected in amendments to relevant utility plans of
the various service providers.
Wastewater Collection and Treatment:
Policy IMP-9 The City of Port Orchard provides wastewater collection and treatment
to the City, McCormick Woods and is a potential future wastewater
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service provider to the South Kitsap Industrial Area (SKIA). The City of
Port Orchard and West Sound Utilities District have planned the
improvements to both conveyance facilities and the joint wastewater
treatment plan to accommodate the new urban development will be
implemented through the City's utility planning and inter -local
agreements.
Policy IMP-10 Where future urban development in the sub -area necessitates a short
extension of the force main and construction of sewer trunks and
laterals, these improvements shall be funded, to the extent reasonably
necessary to serve the proposed development and as allowed by law,
through developer extension of improvements as part of the project
permit process.
Stormwater:
Policy IMP -I I Stormwater facilities needed by new urban development in the city will
be comprised of on -site facilities provided by the developer consistent
with the requirements of the Port Orchard Stormwater Management
Regulations, and the Washington State Department of Ecology
Stormwater Management Manual for the Puget Sound Basin.
Policy IMP-12 The City of Port Orchard endorses that collaborative stormwater
planning is desirable and encourage City and County public works staffs
continue to work together to ensure comprehensive stormwater
control/management for the City and Urban Growth Areas, and identify
in the process areas for coordination, joint protections, development
standards and cost estimates.
Policy IMP-13 The City and County should seek to establish uniform and consistent
urban stormwater standards and requirements for property owners and
developers.
Transportation:
Policy IMP-13 The City of Port Orchard and the County should consider entering into
inter -local agreement(s) to develop recommendations regarding the
future development and maintenance of transportation facilities within
the adjacent urban growth areas.
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6.3 Economic Development Goals and Policies
This plan addresses Economic Development in several categories, each with associated
goals and policies for economic development identified for Port Orchard as they
provide the primary foundation for this Economic Development element, supporting
both the overall vision of the Comprehensive Plan and the needs and desires of the
community.
Goal 1. Support a vital diversified economy that provides living
wage jobs for residents, supported by adequate land
for a range of employment uses, and that encourages
accomplishment of local economic development goals.
Policy ECON-1 Provide, through sub -area & comprehensive plans, zoning, & land use
designations, that create an adequate supply of land to accommodate the
targeted employment growth.
Goal 2. Encourage economic growth and diversification that
minimizes long-term and short-term cyclical
unemployment, decreases dependence on the national
defense industry and decreases dependence upon the
income of residents who commute out of the city.
Policy ECON-2 Implement long-term economic policies that will encourage and assist in
developing an economic market analysis and a strategy to support the needs of
employers, thus meeting diversification and employment objectives and
improving the City's tax base.
Policy ECON-3 Improve competitiveness in economic development by encouraging and
developing incentives for business growth, expansion, and relocation.
Policy ECON-4 Improve the Jobs/Housing balance on a City-wide basis.
Policy ECON-5 Adopt an employment target for the creation of one new living wage
employment or job opportunity for every new household population growth
forecasted through the 2025 planning period.
Policy ECON-6 Encourage office development to increase Citywide share of office space.
Goal 3. Increase the number of primary jobs, which are jobs
producing goods or services that are principally sold to
*,1
Page 1 of 12
clients outside of the City, that in turn enable the
creation of secondary jobs, which are jobs that
produce goods or services that principally serve clients
within the City.
Pdir-y ECO -7 Recapture a percentage of retail and service sales occurring within the City.
Concentrate on local community goods, unique services, and an emphasis on
quality and service.
Pdicy ECOl-8 Support implementation of the City of Port Orchard Economic Development
Plan and complement economic growth of the City of Port Orchard.
Goal 4. Promote and support a healthy, diverse economy that
provides for a strong and diverse tax base, encourages
expansion of business, creates industrial and
employment opportunities to attract new industry to
Port Orchard, and fosters new industry that is
environmentally responsible and consistent with the
Comprehensive Plan.
Pdicy EODN-9 Recognize the arts as a growing component of the South Kitsap economy.
Encourage and support the creative and economic contribution of the arts as an
ongoing economic contribution to the diversity of Port Orchard.
Pdicy ECO -10 Recognize tourism as a growing component of the South Kitsap economy.
Encourage and support the economic contribution of tourism as an ongoing
economic contribution to the diversity of South Kitsap. Encourage participation
in selected community events and destinations by visitors with multiple -day
stays.
Pdicy ECO -11 Encourage small business enterprises and cottage industries, and allow
appropriate and traditional home occupations as permitted by local regulations.
Pdicy ECOl-12 Encourage providing space for small-scale low -impact enterprise developments
to allow for non -retail business uses that have minimal impacts on the
environment and surrounding uses, including, but are not limited to, artists'
studios, research and development, computer software development and
manufacture, commercial kitchen for value-added farm product processing,
duplicating services, and small-scale assembly. Creative ways of providing
affordable commercial space should be considered, and live -work opportunities
should be explored as a component of the development.
Page 2 of 12
Pdicy ECO -13 Establish Port Orchard as a unique and significant waterfront destination with
recreational and retail opportunities for tourists and residents.
Pdicy ECO -14 The City shall value and preserve its historic commercial district creating a
visible link to its unique maritime past.
Goal S. Provide a diverse mix and appropriate range of
commercial, industrial, and business park uses within
Port Orchard and South Kitsap area that will provide
living wage jobs.
Pdicy ECO -15 Encourage mixed use developments within commercial districts that will
enhance the visual, economic, and environmental quality of these areas and
improve the transition between commercial and residential districts.
Pdicy ECOI-16 Encourage pedestrian orientation for non-residential uses and office or
residential uses above ground floor retail uses.
Pdicy EOON-17 Discourage strip commercial development type patterns and signage, and
concentrate commercial/office development into "nodes" or pedestrian friendly
village -type developments.
Goal 6. Balance business and industrial development with
environmental protection and continue to maintain
and enhance the quality of life in Port Orchard as
growth occurs.
Pdicy ECO -18 Provide for the location of environmentally responsible light industrial,
manufacturing, commercial, and high technology firms within Port Orchard.
Pdicy EODN-19 Encourage the use of "green" materials and techniques in all types of
construction. Adopt the US Green Building Council, Leadership in Energy and
Environmental Design (LEED) certification and evaluation process.
Pdicy ECO -20 Encourage public sector solid waste reduction and recycling. Develop and utilize
methods to help businesses find markets for surplus materials, byproducts and
waste.
Pdicy ECO -21 Encourage local enterprises to participate in programs such as the Solid and
Hazardous Waste and EnviroStars programs of the Bremerton-Kitsap County
Health District and the Green Works program of the Kitsap County Public
Works Department, which recognize and assist business efforts to protect the
environment.
*IV4
Page 3 of 12
Goal 7. Support and coordinate economic expansion and
diversification through the development of capital
facilities, multi -modal transportation and urban
services.
Pdicy ECOl-22 Encourage the full utilization and development of designated commercial and
industrial areas. Promote revitalization within existing developed areas to take
advantage of the significant investments in existing buildings and infrastructure.
Pdicy EOON-23 Rehabilitation and expansion of existing commercial facilities should be
encouraged in preference to building of new commercial facilities.
Goal 8. Ensure that economic development will be concurrent
with the existing capacity of required capital facilities.
Pdicy EOON-24 Development plans shall consider, in addition to other infrastructure, a
technology infrastructure component depicting the type and siting of technology
infrastructure, including fiber optic or other high-speed data links, provisions for
reserve capacity and future expansion, such as reserve space inside planned
conduits.
Goal 9. Make use of the land use and strategic location of the
Port Orchard to attract new employers to the City
and allow existing employers to expand.
Pdicy EODN-25 Encourage the cooperation of agencies and groups interested on economic
development of the sub -area in developing a campaign to attract new
businesses, while retaining existing ones.
Pdicy ECON-26 Encourage economic development opportunities utilizing new and the existing
development infrastructure, as well as aviation, rail, marine, and transportation
infrastructure connecting Port Orchard and the South Kitsap Industrial Area.
Pdicy EOON-27 Encourage business opportunities that maximize the availability of highly skilled
workforce and geographic proximity associated with existing military facilities.
Goal 10. Foster and facilitate partnerships and cooperation
among government, private corporations, and nonprofit
entities to promote the economic development goals
and policies of the Comprehensive Plan.
Pdir-y ECO -28 As appropriate, work with other Jurisdictions and agencies such as state and
federal agencies, Tribes, the Port of Bremerton, the cities, the Kitsap Economic
Development Council (KEDC), Chamber of Commerce, and the Kitsap County
Public Utilities Districts, in marketing and developing the City of Port Orchard.
Pdicy ECO -29 Collaborate with tribal governments, ports, and other special districts to
identify innovative development methods such as public and private partnerships
and community development assistance financing to increase economic vitality.
Pdicy ECON-30 Property Owners and the Chamber of Commerce will encourage Kitsap
County, adjacent cities, and the KEDC in actively recruiting new employers to
locate within the City of Port Orchard and in encouraging existing employers to
expand their business within the City of Port Orchard.
Goal 11. Attract new educational institutions and improve, and
expand existing educational institutions that provide
vocational and postsecondary programs to assure a
highly skilled, technically trained resident work force.
Pdicy EOO -31 Encourage development of a state or private 4-year university, or promote
further expansion of existing educational institutions.
*IV4
Page 5 of 12
10.6.1 Wastewater System Summary
The City of Port Orchard Public Works Department provides wastewater service in
coordination with the West Sound Utility District to the citizens of Port Orchard, as
well as the majority of the citizens in adjacent Urban Growth Areas. The wastewater
service areas include the Port Orchard Urban Growth Area, the McCormick Woods
Urban Growth Area, and a potential future service area including the South Kitsap
Industrial Area Urban Growth Area. The City of Port Orchard has developed
Comprehensive Sewer Plans in coordination with both Kitsap County, West Sound
Utility District (Formerly Karcher Creek Sewer District), most recently updated in
December 2006 (Ordinance 026-06) Ongoing Wastewater Capital Facilities Plans. It is
based upon information available to the City and from several consultant studies as well
as joint West Sound Utilities District data, analysis, and input. The existing Wastewater
Plans provide an in-depth analysis of the system characteristics and potential areas for
improvement and expansion using a twenty-year time frame. This Wastewater Plan will
be updated in the very near future as changing demographics and technologies arise in
coordination with shifting needs resulting from annexation, and most likely the
Wastewater Capital Facilities Plans will be updated yearly. To help protect water quality,
it should be noted that the City's Shoreline Master Program already requires the
installation of sewage disposal facilities at private and public marinas.
The population served by the system was estimated in Equivalent Residential Units
(ERU) which account for people present on a daily basis but who may not be residents
(e.g. school children or employees). Metered water use is based upon 180 gallons per
day, which is a State standard. The projected system population is based upon current
trends in water system use. Unanticipated major new developments are not included in
this calculation.
The basins within the Wastewater Service Area conform to the service area of the
system including the South, Central and East branches. The Southern branch serves
from Pottery Avenue northward along Port Orchard Boulevard. The Central branch
serves from the intersection of Sidney Avenue and Tremont Street northward along
Cline Avenue. The East branch serves the area to the east of Blackjack Creek. These
three branches can serve existing service areas south --of to Sidney and West to
McCormick Woods and potential future connections beyond to SKIA
these three bran^" These three main trunk lines connect to the pump station at the
Port Orchard Marina and are pumped to the treatment facility in Annapolis.
Improvements recommended in the Sewer Plan are for increased maintenance and
replacement of basin areas that have high inflow and infiltration. Inflow and infiltration
result from rain water leaking into the lines during storms, filling up the lines and
requiring the distribution system and treatment plant to handle more water than is
necessary. In older areas of the City this problem is largely due to side sewer
connections. In order to make any meaningful improvements to the system, expensive
basin -wide repairs would be necessary. This would include replacing both laterals and
side sewers. The City's studies recommend an alternative approach (bio-membrane
package scalping plants) to assist in the major replacement of increased maintenance and
repair to extend and increase the efficiency of the existing laterals and trunk lines. It has
been determined that there is little growth potential in the Eastern branch service basin
because it is bordered to the east by the West Sound Utility District. The Central
branch is surrounded by the service area of the Eastern and Southern branches. The
Southern branch appears to be in the best position to serve most of the undeveloped
properties in, and surrounding, the City.
Page 7 of 12
10.7.2.7 Wastewater collection and treatment facilities
Goal 9 Utilize best construction methods and practices and
innovative techniques in the design and construction of
sewer utilities.
Policy CIF 53 Schedule construction activities to avoid sensitive times in the lifecycle of fish
and wildlife, such as spawning, nesting, and migration.
Policy CIF 54 Coordinate construction of sewerage improvements with other utilities.
Policy CIF 55 Whenever possible, construction should be scheduled to minimize disruption of
access to area residences and businesses.
Policy CIF 56 The City shall require all new development to connect to public sewer and
water systems, unless physically or financially infeasible.
Policy CIF 57 Provide coordination efforts to the Port of Bremerton and adjacent jurisdictions
for potential future wastewater infrastructure improvements within South
Kitsap Industrial Area.
*IV4
CHAPTER 1 I. IMPLEMENTATION
11.1 Implementation
The primary goal of the Port Orchard Comprehensive Plan Update is to provide for
orderly development at urban levels for parcels within the City of Port Orchard and for
parcels within the Port Orchard Urban Growth Area, the unassociated McCormick
Woods Urban Growth Area, and as tea potential future wastewater service provider
on4y-for the South Kitsap Industrial Area (SKIA) Urban Growth Area. With its adoption,
this City of Port Orchard Comprehensive Plan Update adopts the population,
methodology, analysis, and capital facilities planning identified in the 2006 Kitsap County
Comprehensive Plan 10 Year Update and Environmental Impact Statement and will
concurrently amend the Land Use Map designations for the City of Port Orchard.
The City recognizes the need for cooperation with Kitsap County in the designation of
UGA boundaries, provision of public services, concurrency requirements and inter -local
agreements. The goals, policies and implementation strategies of this chapter are
intended to guide the future actions of affected jurisdictions. The goals and policies of
this chapter will be further accomplished by the implementation of coordinated water
system plans, storm water system management plans, sanitary sewer plans,
transportation plans, capital improvement plans, zoning changes and other actions
undertaken by the jurisdictions, either individually or jointly.
*IV4
1 1.2 Goals and Policies
1 1.2.1 Governance
The following summarizes the key policies and implementation steps pertaining to future
governance of the sub -area.
Goal 1. To establish general guidelines for orderly
development within the City of Port Orchard and
future annexation areas.
Policy IMP- I Amend existing development regulations and the zoning map to be
consistent with, and implement, this Comprehensive Plan Update.
Policy IMP-2 Address specific issues regarding the provision of services to the Port
Orchard UGA, McCormick Woods/ULID #6 UGA and potential future
provision of wastewater service to the South Kitsap Industrial Area
(SKIA) UGA, dispute resolution, and other issues relating to the
implementation of this Plan through inter -local agreement(s) between the
City of Port Orchard and adjacent jurisdictions.
Policy IMP-3 The County will be the lead agency for coordinating and reviewing
developments proposals until such time as the area is annexed by the
City.
Policy IMP-4 The City should provide timely notification of proposed development
actions or annexation actions that may impact adjacent jurisdictions to
promote inter -jurisdictional communication and participation.
*IV4
Page 10 of 12
1 1.2.2 Capital Improvements
Detailed information on the capital improvements and services necessary to meet the
adopted levels of service for the City, with identification of funding to implement the
planned facilities and urban service improvements, is set forth in the Capital Facilities
Plan Update, the 2006 Kitsap County Comprehensive Plan 10-Year Update and
Environmental Impact Statement, and by the implementation of coordinated water
system plans, storm water system management plans, sanitary sewer plans,
transportation plans, capital improvement plans, zoning changes and other actions
undertaken by the jurisdictions, either individually or jointly. The following policies set
forth the general implementation strategies for the provision of urban services.
Goal 2 To implement the necessary capital improvements
identified in Port Orchard and to ensure the timely
and efficient provision of urban services to the City,
and adjacent Urban Growth Areas.
Capital Improvements - Generally:
Policy IMP-5 The City and each provider of urban services within the sub -area will
assist in the planning, coordination and establishment of urban services
and facilities to serve the projected build out of the area.
Policy IMP-6 The City and service providers will seek opportunities for providing joint
infrastructure or combining operations to achieve greater efficiency and
effectiveness in service provision.
Water Service:
Policy IMP-7 The City of Port Orchard and the West Sound Utilities District, are the
water service providers for the City and coordinated Comprehensive
Water System Plans should be formally endorsed by resolution by each
service provider, documenting the intent to conform with all applicable
utility, water service and capital facilities plans.
Policy IMP-8 Water service to the City should be accomplished through inter -local
agreements and be reflected in amendments to relevant utility plans of
the various service providers.
Wastewater Collection and Treatment:
Policy IMP-9 The City of Port Orchard provides wastewater collection and treatment
to the City, McCormick Woods and is a potential future wastewater
service provider to the South Kitsap Industrial Area (SKIA). The City of
Port Orchard and West Sound Utilities District have planned the
improvements to both conveyance facilities and the joint wastewater
*'A
Page 11 of 12
treatment plan to accommodate the new urban development will be
implemented through the City's utility planning and inter -local
agreements.
Policy IMP-10 Where future urban development in the sub -area necessitates a short
extension of the force main and construction of sewer trunks and
laterals, these improvements shall be funded, to the extent reasonably
necessary to serve the proposed development and as allowed by law,
through developer extension of improvements as part of the project
permit process.
Stormwater:
Policy IMP- I I Stormwater facilities needed by new urban development in the city will
be comprised of on -site facilities provided by the developer consistent
with the requirements of the Port Orchard Stormwater Management
Regulations, and the Washington State Department of Ecology
Stormwater Management Manual for the Puget Sound Basin.
Policy IMP-12 The City of Port Orchard endorses that collaborative stormwater
planning is desirable and encourage City and County public works staffs
continue to work together to ensure comprehensive stormwater
control/management for the City and Urban Growth Areas, and identify
in the process areas for coordination, joint protections, development
standards and cost estimates.
Policy IMP-13 The City and County should seek to establish uniform and consistent
urban stormwater standards and requirements for property owners and
developers.
Transportation:
Policy IMP-13 The City of Port Orchard and the County should consider entering into
inter -local agreement(s) to develop recommendations regarding the
future development and maintenance of transportation facilities within
the adjacent urban growth areas.
*IV4
Page 12 of 12
Introduced by:
City
Clerk
Requested by:
City Clerk
_Drafted by:
City Clerk
_Reviewed by:
City Attorney
Introduced:
June g, 2009
Adopted:
ORDINANCE NO. 014-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING THE CITY'S COMPREHENSIVE PLAN REGARDING THE
PROVISION OF SANITARY SEWER SERVICE FOR THE SOUTH KITSAP
INDUSTRIAL AREA TO RESOLVE THE CITY OF BREMERTON'S APPEAL TO
THE GROWTH MANAGEMENT HEARINGS BOARD
WHEREAS, in December 2oo8, the Port Orchard City Council adopted Ordinance No.
042-o8 which contained extensive amendments to the City's Comprehensive Plan; and
WHEREAS, the Comprehensive Plan includes references to the provision of sanitary sewer
service to the South Kitsap Industrial Area (SKIA); and
WHEREAS, on or about February 5, 2009, the City of Bremerton filed a petition for review
of the City of Port Orchard's amendments to its Comprehensive Plan by and through Ordinance No.
042-o8 with the Central Puget Sound Growth Management Hearings Board; and
WHEREAS, Port Orchard and Bremerton desire to resolve the appeal through the
amendment of certain provisions and figures of Port Orchard's Comprehensive Plan, as set forth
below; 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 notice public hearing was held before the City Council on June 9,
2009; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. Section 6.3 of Port Orchard's Comprehensive Plan is hereby amended as set
forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference.
SECTION 2. Section io.6.1 of Port Orchard's Comprehensive Plan is hereby amended as
set forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference.
Ordinance No. 014-09
Page 2 of 1S
SECTION 3. Section 10.7.2.7 of Port Orchard's Comprehensive Plan is hereby amended as
set forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference.
SECTION a. Section 11.1 of Port Orchard's Comprehensive Plan is hereby amended as set
forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference.
SECTION 5. Section 11.2.1 of Port Orchard's Comprehensive Plan is hereby amended as set
forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference.
SECTION 6. Section 11.2.2 of Port Orchard's Comprehensive Plan is hereby amended as
set forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference.
SECTION 7. The figure originally labeled "Port Orchard Urban Growth Area" is hereby
amended as set forth in Exhibit B, a copy of which is attached hereto and incorporated by this
reference.
SECTION 8. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause, or phrase of this ordinance.
SECTION q. Effective Date. This ordinance shall be in full force and effect five (5) days
after 1) the Central Puget Sound Growth Management Hearings Board enters an order of dismissal
or takes such other action as the Board deems appropriate to dismiss the appeal in case No. 09-3-
0003 and 2) 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 9th day of June 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Gregory A. Jacoby, City Attorney
John Clauson, Councilmember
Ordinance No. 014-09
Page 3 of 1.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7B Meeting Date:
Subject: Adoption of Ordinance 014-09, Prepared by:
Amending the Comprehensive Plan
Regarding Sanitary Sewer Service to Atty Routing No:
South Kitsap Industrial Area (SKIA) Atty Review Date:
June 9, 2009
Gregory A. Jacoby
City Attorney
NA
NA
Summary: In February 2009, the City of Bremerton filed a petition for review with the Central
Puget Sound Growth Management Hearings Board regarding portions of the City's 2oo8
Comprehensive Plan amendments relating to sanitary sewer service to SKIA. Bremerton and
Port Orchard staff and attorneys have met to discuss changes to text and figures that would be
satisfactory to both municipalities. Those proposed changes are incorporated into proposed
Ordinance No. 014-09. The proposed amendments clarify that Port Orchard is a potential
provider of sanitary sewer service to SKIA rather than the sole provider. The City of Bremerton
has agreed to dismiss its appeal if Port Orchard amends its Comprehensive Plan in accordance
with Ordinance No. 014-09.
Recommendation: Adopt Ordinance No. 014-09.
Motion for consideration: I move to adopt Ordinance No. 014-09, amending the City's
Comprehensive Plan regarding the provision of sanitary sewer service to the South Kitsap
Industrial Area in order to resolve the City of Bremerton's appeal to the Central Puget Sound
Growth Management Hearings Board.
Fiscal Impact: None.
Alternatives: Amend Ordinance No. 014-09, or choose not to adopt it.
Attachments: Ordinance No. 014-09
,pTSAP COUN)y
KITSAP COUNTY ASSESSOR
� 8�A 57 Jim Avery
614 Division Street MS-22 Phone: (360) 337-7160
WASNING7ON Port Orchard WA 98366 Fax: (360) 337-4874
MEMORANDUM
TO: Kitsap County Planning Commission
City of Port Orchard Planning Commission
FROM: Jim Avery
Kitsap County Assessor
DATE:
SUBJECT: Walton Application for Current Use Open Space Classification
Background Information:
Michael Eastman
Chief Deputy
Ms. Walton has made application for classification as Current Use Open Space on a
total of nine acres located on Melcher Street just east of Pottery Avenue. The nine
acres are located on two parcels of land. The first parcel, 352401-2-036-2000, is five
acres of undeveloped land. The second parcel, 352401-2-037-2009, is also five acres
but contains a single family residence, therefore only four acres qualify for the Current
Use Open Space classification. The zoning is R-8, eight dwelling units per acre.
Washington State law provides property tax relief for properties that meet certain use
requirements and will be kept in current use classification. This law allows taxable
value of a parcel to be based on its use, rather than market value.
nicr_i issinn-
Ms. Walton has two parcels of land with R-8 zoning, eight dwelling units per acre. In
her request for classification, Ms. Walton desires to keep these acres as undeveloped
land as a buffer to the surrounding developing parcels. She indicates public access
would be allowed for education or scientific purposes. There are no trails through the
woods, nor does the property adjoin other parcels in open space to create a trail
system. Therefore, passive recreational use is very limited. This property is located
across the street from the plat of Heron Ridge. The south five acres is wooded and
contains a portion of a non -fish bearing pond with associated wetlands. The north five
acres contains her residence, one acre will remain at full market value for her homesite.
The remaining four acres are mostly old pastureland which she would like to keep
mowed. It also contains a small non -fish bearing pond surrounded by trees.
Kitsap County Assessor
The land is eligible for Open Space classification under the following qualification
criteria set down by the State of Washington Open Space Act:
High Priority Resources
Wetlands, Ponds and Streams
Urban Open Space
Category 2 Aquifer Recharge Area
Medium Priority Resources
None
Low Priority Resources
Preservation of Visual Quality
Additional Tax:
Additional tax may be due when either a portion or all of the property is removed from
the Current Use Open Space classification. Additional tax equals the difference
between the tax paid under the classification and the tax at true and fair market value
for the current year and the last seven years, plus interest at 1 % per month. An
additional 20% penalty is also imposed if the property is classified less than ten years
and two years notice of withdrawal is not supplied or if there is a change of use.
Recommendation:
The Kitsap County Assessor recommends approval of nine acres for Current Use Open
Space classification. This property qualifies for a 60% tax reduction. Approval, subject
to the following conditions:
Conditions:
1. A Land Use Agreement shall be established between the owner and the Granting
Authority specifying the conditions. Should the owner sign the agreement, it shall
be understood that the owner will comply with the conditions. Failure to comply
with said conditions shall be basis for withdrawal of the current use designation, in
which case the land shall be subject to the penalty tax referred to in RCW 84.34
and assessed at true market value.
2. This Agreement and any additional agreement(s) may be modified for the purpose
of improving the original intent of the agreement(s). Any new agreement must have
the consent of the owner and the Granting Authority. If a new agreement is not
made, the original and additional agreement(s) shall remain in force. This
statement does not release the owner of responsibility to comply with the above
conditions.
3. Upon approval, current use taxation would commence in compliance with WAC
458-30-120.
Kitsap County Assessor
4. Public access shall be limited to educational and scientific purposes only, subject to
notification to and consent of the landowner. Access is limited to educational and
scientific pursuits in which the land and its ecological balance remain undisturbed.
A sign shall be posted that states the following:
This property is classified as Open Space pursuant to the State Open
Space Act of 1970 (RCW 84.34)-Access permitted subject to
notification and consent of landowner.
Property is environmentally sensitive. Hunting, littering, excessive
noise, cutting of vegetation or any action that may endanger the
animal or plant life on this property is strictly prohibited. Violators
will be removed.
Example:
John Doe, Owner
Address
Phone Number
5. There shall be no motorized vehicles, such as dirt bikes, allowed on the site.
6. There shall be no clearing of vegetation in areas designated "Open Space."
7. There shall be no hunting, fishing or trapping.
8. Camping shall not be allowed.
9. There shall be no smoking, campfire or firearms on the site.
10. There shall be no mining, storage or excavation of materials.
11. There shall be no dumping of chemicals, liquids, wastes, trash or junk that might
deteriorate the natural character of the land (or pollute the water supply).
12. The open space classification for this land will continue as long as it is primarily
devoted to and used for the purpose of protecting wildlife habitat. The Granting
Authority will remove classification if dedication to this purpose ceases to exist.
Jim Avery
Kitsap County Assessor
Owner
TAX SHIFT CALCULATIONS Tax Account
Type ("X")
Current Use Acres
Total Acreage
Land Market Value
Homesite Acreage
Homesite Market Value
Open Space Land Reduction Factor
Farm Land Value
Timberland AV
Improvement Value
Taxes based a on levy rate of
Tax Year
Walton Laurie
352401-2-036-2000
Timber
Farm
Land
0.00
1 0.00
5.00
5.00
$160,490
0.00 acre(s)
$0
60%
$0
$0
$0
8.736407000
2009
Tax Year 2009
Taxable Value
Value
Tax
CURRENT
Land
160,490
Improvements
0
Total
160,490
Taxes
1,402.11
PROPOSED
Homesite
Value
0
c
CU Timber
Ac
Rate
0
0.00
$0
CU Farm & Agricultural
Value
0
0..00 0
$0
CU General
Ac
Value
64,196
5.00
$160,490
Improvements
0
Total
64,196
Taxes
560.84
Difference
96,294
841.26
Owner's Taxes DECREASE By
$841
Total Tax Shift
$841
Acreage
Total Land AV
Total Land in the Parcel is: 5.00 =
Subtract out the Homesite: 0.00 =
$160,490
$0
= the $ amount of Current Use Application to be Adjusted: $160,490
Minus Open Space Assessed Value - $64,196
that Difference is : $96,294
At the 2009 Tax Rate of : 8.736407000
= the Tax Shift: $841
Owner
TAX SHIFT CALCULATIONS Tax Account
Type ("X")
Current Use Acres
Total Acreage
Land Market Value
Homesite Acreage
Homesite Market Value
Open Space Land Reduction Factor
Farm Land Value
Timberland AV
Improvement Value
Taxes based a on levy rate of
Tax Year
Walton Laurie
352401-2-037-2009
Timber
Farm
Land
0.00
0.00
4.00
5.00
$440,000
1.00 acre(s)
$99,420
60%
$0
$0
$102,600
8.364070000
2009
Tax Year 2009
Taxable Value
Value
Tax
CURRENT
Land
440,000
Improvements
102,600
Total
542,600
Taxes
4,538.34
PROPOSED
Homesite
Ac
Value
gg 420
1.00
$99,420
CU Timber
Ac
Rate
0
0.00
$0
CU Farm & Agricultural
Value
0
0..00 0
$0
CU General
Ac
Value
136,232
4.00
$340,580
Improvements
102,600
Total
338,252
Taxes
2,829.16
Difference
204,348
1,709.18
Owner's Taxes DECREASE By
$11709
Total Tax Shift
$1,709
Acreage
Total Land AV
Total Land in the Parcel is: 5.00
Subtract out the Homesite: 1.00
= $440,000
= $99,420
= the $ amount of Current Use Application to be Adjusted: $340,580
Minus Open Space Assessed Value - $136,232
that Difference is : $204,348
At the 2009 Tax Rate of : 8.364070000
= the Tax Shift: $1,709
Print Preview
Kitsap County, WA
Page I of I
Legend
Tax Parcels
Federal Indian
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appraisal, survey, or for zoning verification.
http://kcgapims/kmap/printPreview.aspx?PrintOptData=Kitsap`/`2OCounty,`/`20WAI0101trueIfalseIfalseIfal... 9/29/2008
Print Preview
Kitsap County, WA
Page 1 of 1
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale
guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 413 feet
appraisal, survey, or for zoning verification.
http://kcgapims/kmap/printPreview.aspx?PrintOptData=Kitsap%20County,%20WAIO1O1trueIfalseIfalseIfal... 9/29/2008
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APPLICATI( 'FOR CLASSIFICATION AS OPEN S; yE LAND
FOR CURRENT USE ASSESSMENT UNDER RCW 84.34
Name of Applicant LAlh P 15 WA LTok Phone �3tv�� �ti7lo- 5b 2 `i
Address 240 Mau W� 5Cr�� pr,�r c��e�r��_ \A/A tI'z�toc�
Property Location
1. Interest in property: ❑ Fee Owner ❑ Contract Purchaser ❑ Other (Describe)
Assessor's parcel or account numberS52-4o 1 - Z- b2, 7-Zbo9 � S5 Z 40 1-2 -63b - 2bbp
Legal description of land to be classified -lJ4 jk-r FT l i OF Sia, ;r7 61-wy P r,`( tp 113
033Sio( 17 el< t�w`l4 cw`14 l.�w'I� Su _ -1-ry �F1r
Total number of acres in application
v
C
Indicate what category of open space this land will qualify fo . (Se�cack for definitions)
❑ Open space zoning
Conserve and enhance natural or scenic resources
❑ Protect streams or water supply
❑ Promote conservation of soils, wetlands, beaches or tidal marshes
❑ Enhance public recreation opportunities
❑ Enhance value to public of abutting or neighboring parks, forests, wildlife preserves, nature reservations
or sanctuaries or other open space
❑ Preserve historic sites
Retain in natural state tracts of not less than one acre in size in urban areas and open to public use as
reasonably required by granting authority
Traditional farm land
Describe the present current use of each parcel of land that is the subject of this application:
brM 5rkLT_- , it it i �kT i}YL 1J� 6 t-tiF� � t��cSr �CJtirS �.R C
wino i-6v- �171NI1 f lf�L IZ i(Dl7V
Describe the present improvements on this property (buildings, etc.):
ATTACH A MAP OF THE PROPERTY TO SHOW AN OUTLINE OF CURRENT USES OF THE PROPERTY
AND INDICATE LOCATION OF ALL BUILDINGS.
Is this land subject to a lease or agreement, which permits any other use than its present use?
(If yes, attach a copy of the lease or agreement.)
APPLICATION
FILE WITH COUNTY ASSESSOR t= L; t: I V 1= U
NOV 2 9 2607
KC FORM REV 64 0021 A
(blue form)
KITSAP COUNTYASSES.SOR
OPEN SPACE LAND MEANS: j
(a) Any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly, or
(b) Any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, (iu)
promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves,
name reservations or sanctuaries or other open space, or (v) enhance recreation opportunities or (vi) preserve historic sites, or (vii) retain in its natural state tracts of
land not less than five acres situated in an urban area and opento public use on such conditions as may be reasonably required by the legislative body granting the open
space classification.
(c) Or any land meeting the definition of "farm and agricultural conservation land".
STATEMENT OF ADDITIONAL TAX, INTEREST AND PENALTY DUE UPON REMOVAL FROM CLASSIFICATION UNDER RCW 84.34
1. Upon removal, an additional tax shall be imposed which shall be due and payable to the county treasurer 30 days after removal or upon sale or transfer, unless
the new owner bas signed the Notice of Continuance. The additional tax shall be the sum ofthe following:
(a) The difference between the property tax paid as "Open Space Land" and the amount of property tax otherwise due and payable for the seven years last past
had the land not been so classified; plus
(b) Interest upon the amounts of the difference (a), paid at the same statmory rate charged on the delinquent property taxes.
(c) A penalty of 20% shall be applied to the additional tax if the classified land is applied to some other use, except through compliance with the property
owner's request for removal process, or except as a result ofthose conditions listed in (2) below.
2. The additional tax, interest and penalty specified in (1) above shall not be imposed if the removal resulted solely from:
(a) Transfer to a government entity in exchange for other land located within the State of Washington.
(b) Ataking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the
exercise of such power.
(c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the landowner changing the use of such
property.
(d) Official action by an agency ofthe State of Washington or by the county or city within which the land is located which disallows the present use of such
land.
(e) Transfer to a church and such land would qualify for property tax exemption pursuant to RCW 84.36.020.
if) Acquisition of property interests by State agencies or agencies or organizations qualified under RCW 84.34.210 and 64.04.130 (See RCW 84.34.108(5g).
(g) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120.
(h) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open space program under RCW 76.09.040.
AFFIRMATION
As owner(s) of the land described in this application, I hereby indicate by my signature that I am aware ofthe potential tax liability involved when the land ceases to
be classified under provisions of RCW 84.34. 1 also declare under the penalties for false swearing that this application and any accompanying documents have been
examined by me and to the best of my knowledge it is a true, corect and complete statement The agreement to tax accordingto use of the property is not a contract
and can be annulled or canceled at any time by the Legislature (RCW 84.34.070)
Signatus of all owner(s) or contract
,Purchaser(s):
All Owners and Din'Cb8Ser5 must sigh.
FOR LEGISLATIVE AUTHORITY P9ONLY
Date application received (� "/ Q By � &
Amount of fee collected $ Transmitted to
FOR GRANTING AUTHORITY USE ONLY
Date
Date Received By
Application approved Approved in part Denied Owner notified of denial on
Date fee returned Agreement executed on Mailed on
(blue)
KITSAP COUNTY ,
614 DIVISION STREET
PORT ORCHARD, WA 98366
OPEN SPACE JUSTIFICATION FORM - To be completed by the Applicant.
Check and explain those policies that support your application:
This request will provide for public, recreational, educational or other activities. Please
explain VC_
�2 This request provides a natural landscape between developing urban areas. Please explain:
l Seri t� �3y�ua r-t c� PnarvW2& -N Hke' l TA c qm tom,
This property is in a flood plain. Please explain:
4. This property has special scientific or educational value such as but not limited to: plants,
animals, wildlife habitat, historic structures and geologic or archaeological formations.
Please explain:
5. This property has waters that support fish and/or aquatic mammals. Please explain:
6. This property contains an undisturbed or natural shore land and tideland environment.
Please explain:
7. This property has steep slopes or slide areas. Please explain:
This property contains a scenic corridor such as a valley, ridge or ravine that would provide a
pleasant trail site. Please explain:
9. This property would provide public recreation near an urban area. Please explain:
10. This request provides for the protection of streams or water supplies. Please explain:
'T rt � IS A- ec AL pb�r> bM Tk%E i5Y--CX TMYhT is Ai
iE1 EALC a 1 rz-(ta s ,
11. This property will enhance the value of abutting or neighboring parks, forests, wildlife
preserves, nature reservations, sanctuaries, or other open spaces - i.e. by expansion and
beautification. Please explain:
12. This property contains an existing riding trail, and is part of a trail system in the area. Please
explain: This riding trail traverses the properties of (list property owners):
13. Portions of this property may be made available to the public by easement for the durations
of the open space agreement (if agreement is made). Please explain:
14. This property has special plant life that is so sensitive as to preclude anyone walking on the
land. (Must be verified by a biologist or other qualified wetlands expert.) Please explain:
15. This property is a traditional farm. Explain any past or present farming activities:
(6 List any comments y _ may have concerning the possible rea-_ations or open space potential
your property or adjacent properties not covered in the above information:
f 9bPi W-TY ORS, M2Y I* b A pr -C lz� 9- C p'' LM h-u= i TS JC0
9 DY air ta71t t i-+- BIEpV-1M PA -Ty c#e1SS
6? blue&-- D A) t , (a-+ _ A;;WYr k-aV ot.-) c tier,- i;& CAct� tvre�ic
7. What, do you feel; the public will gain by preserving your land in its present current use?
3Y A29311Nb 'LtF tftIOD3 PV_2A1 K-IVS ?y FONLVClFLIL AtUGW
—"Clftz"1s
7R� MC UT- hP_TMt-1_JF bgA s� A� R PAz2_tLul4-y" Ser-a€y
TT_ > 6VJetP*0t:—D 62(2� GobN S( .
A common fear concerning public use of private property is the liability of the landowner for injuries
sustained by individuals upon private lands. A law was passed in 1971, which releases a landowner from
liability provided certain conditions are met. The law follows:
"4.24.200 Liability of owners or others in possession of land and water areas for injuries to
recreation users —purpose
The purpose ofRCW 4.24.200 and 4.24.210 is to encourage owners or others in lawful possession
and control of land and water areas or channels to make them available to the public for recreational
purposes by limiting their liability toward persons entering thereon and toward persons who may be
injured or otherwise damaged by the acts or omissions of persons entering thereon. (Enacted Laws
1967 ch. 2161; Amended by Laws I st Ex Sess. 1969 ch. 1)
4, 24.10 -- Limitation
Any ianaowners or orners in lawful possession and control of agricultural or forest lands or water
areas or channels and rural lands adjacent to such areas or channels who allow members of the
public to use them for the purposes of outdoor recreation, which term includes hunting, fishing,
camping, picnicking, swimming, hiking, pleasure driving, boating, nature study, winter or water
sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a
fee of any kind therefore, shall not be liable for unintentional injuries to such users: PROVIDED, that
nothing in this section shall prevent the liability ofsuch a landowner or others in lawful possession
and control for injuries sustained to users by reason ofa known dangerous artificial latent condition
for which warning signs have not been conspicuously posted: PROVIDED FURTHER, that noting in
RCW 4.24.200 and 4.24.210 limits or expands in any way the doctrine of attractive nuisance ".
G:\assr\data\masters\forms\currentuse\os_just.doe (blue)
Name: WALTON ROBERT S & LAUREEN E
Account Number: 352401-2-037-2009
Process Number: 1173145
Legal Description:
Section 35 Township 24 Range I
THAT PTN OF SEC 35 CNVYD BY AUD NO.1033561 DAF; THE E1/2 OF NW114 SW1/4 NW1/4 SUBJ TO ESMT
OF REC
Page 1
Name: WALTON ROBERT S
Account Number: 352401-2-036-2000
Process Number: 1173137
Legal Description:
Section 35 Township 24 Range I
E1/2 SW114 SWIM NW114
Page 1
Current Use Opet,_J'pace Application Checklist ..i Priority Resouces
lHigh Priority Resources IMMM
11 Fish-Rearinq Habitat Ponds and Primary Stream Buffers IWDOF Catalo
2 Wetlands, Ponds and Streams USFWS Inventory, WDOF
Catalog+f
3 "Natural' Shoreline Environments KC Shoreline Mgt. Master
Program
4 Special Animals and Plants WA Natural Heritage Plan
5 Significant Wildlife Habitats WDW
6 Archaeological and Historical Sites WA Ofc. Arch. & Hist.
KC Comp. Plan Maps
KC Comp, Plan Maps
KC Health Dept., WSDSHS
101 Farm and agricultural conservation labd Pursuant to RCW 84.34.020
11 Conservation easement As recorded with the county
auditor
12 Land or interest acquired for open space or conservation Pursuant to RCW 84.34.210-220
futures
Medium Priority Resources
1 Conservancy" Shoreline Environments KC Shoreline Mgt. Master
3 Geolo is and Shoreline Features Natural Heritage Program
4 Public Lands Buffer KC Comp. Park & Rec. Plan
Low Priority Resources iWam
r4lPreservation Steep
Slopes KC Sloe StabilityStud
Private Recreation Areas B Definition
'Rural' Shoreline KC Shoreline Mgt. Master
Pro ram
of visual quality i Pursuant to RCW 84.34.020
PUBLIC ACCESS ALLOWED? YES® NO❑
CONSERVATION EASEMENT? YES❑ NO/ AFN#
PriorityResourcesCkList.xls Page 1
�,T&rr csoer�
�D Open Space land
WWJ. "M " NUTOO
Program summary
Chapter 84.34 RCW provides property tax relief for properties that meet certain use requirements and will be kept in the open space
program for a minimum of ten years. Open space land means:
(a) land zoned for open space or
(b) any land area, the preservation of which in its present use would:
l . conserve and enhance natural or scenic resources, or
2. protect streams or water supply, or
3. promote conservation of soils, wetlands, beaches or tidal marshes, or
4. enhance the value to the public of abutting or neighboring parks, forest, wildlife preserves, nature reservations or sanctuaries
or other open space, or
5. enhance recreation opportunities, or
6. preserve historic sites, or
7. preserve visual quality along highway, road, and street corridors or scenic vistas, or
8. retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such
conditions as may be reasonably required by the legislative body granting the open space classification, or
(c) land that was previously classified as agricultural land that no longer meets the qualifications of said classification, or traditional
farmland, not classified, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high
potential of returning to commercial agricultural.
Basis of assessment
Kitsap County has adopted an Open Space Plan (WAC 458-30-330) that results in values based on sensitive characteristics of the land
and its benefit to the public. If a parcel of land qualifies with two sensitive characteristics, taxable value would be reduced by 50
percent. If a parcel qualifies with three sensitive characteristics, and if a permanent conservation easement exists on the property,
taxable value would be reduced by 80 percent. If public access is allowed, in appropriate measure so that the integrity of the land is not
compromised, an additional 10 percent reduction would be granted. Generally, if the land characteristics make it reasonable, public
access in some measure is expected as part of the public benefit for the classification.
If a residence exists on the parcel, a minimum one -acre residence site is excluded from classification.
Application requirements
A Pre -Application Meeting is required prior to filing the application. The applicant needs to submit a Pre -Application Meeting
Request. The application maybe for an entire parcel or any portion thereof. A legal description is required, as well as a site plan. After
approval of the Pre -Application, an application will be provided. All owners must sign the application. There is a $250.00 application
fee. A Farm Plan is also required if there is any agricultural use of the site. The approval process takes six months. If approved prior to
May 31, the effective tax year would be the following year.
Review process
Applications are reviewed by the assessor's office and by the county (or city) planning department. Following public hearing,
applications are approved or denied by the Board of County Commissioners and, if in a city, by the city council. Denial may be
appealed in Superior Court. Upon approval, an Open Space Taxation Agreement will be sent to the applicant, who may accept or reject
the agreement. The signed agreement is recorded with the county auditor. (continued on the back)
Property use restrictions
Land approved for classification as open space will be subject to certain use restrictions, designed to ensure that the natural character
of the land will not be disturbed. While specific restrictions may vary from property to property, the following is a list of standard
conditions that will apply to most properties:
1. No motorized vehicles
2. No domestic animals or livestock (except on "traditional farm land")
3. No clearing of vegetation
4. No hunting, fishing, or trapping
5. No camping
6. No smoking, campfires, or firearms
7. No mining, storage or excavation of materials
8. No dumping
All conditions of approval become part of the recorded agreement.
Removal of classification
Classification will be removed, and a compensating tax imposed, upon the occurrence of any of the following:
Owner's request: The request for withdrawal must be made in writing and signed by all owners. Forms for withdrawal are available
from the assessor. Compensating tax may be due, including a 20% penalty.
Change of use: Determination is made by Kitsap County that the property is no longer primarily devoted to the use for which it was
classified. Removal of classification due to change of use will cause a 20% penalty to be added to the compensating tax.
Sale or transfer of the property, and the new owner does not wish to continue classification: Compensating tax must be collected
before the conveyance is recorded.
Transfer of ownership
A new owner may request to continue classification by signing the Notice of Continuance on the real estate excise tax affidavit. All
new owners must sign, and an updated management plan may be required. The new owners assume all tax liability accrued by the
previous owner, including liability related to this classification
Compensating tax
Compensating tax equals the difference between the tax paid under open space classification and the tax at true and fair value for the
current year and the last seven years, plus interest at 1 % per month. A 20% penalty is also applied if the property was classified less
than ten years or if there was a change in use. Compensating tax is not collected under the following circumstances:
1. Transfer to a government entity in exchange for other land within the state;
2. Land is taken by power of eminent domain or transferred in anticipation of the exercise of such power;
3. A natural disaster changes the use of the property;
4. Official action by the state, county, or city disallows the present use of such land;
5. Transfer of land to a church when such land would qualify for a property tax exemption pursuant to RCW 84.36.020;
6. Acquisition of property interests by public agencies for the purpose of preserving open space lands and riparian easements..
Compensating tax becomes due 30 days following notification of the owner, and is subject to additional interest of 1% per month after
the due date.
Kitsap County Assessor's Office
614 Division Street MS-22
Port Orchard, WA 98366-4677
Current Use Administrator 337-4559
Web site address: www.kitsapgov.com/assr/
E-mail assessor(aco.kitsap.wa.us
REV11/00
When Recorded Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Introduced by:Development
Director
Requested by: Development Director
Drafted by: City Attorney
Introduced: June 9,
2009
Adopted: June 9, 2009
ORDINANCE NO. oi5-o9
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON APPROVING THE APPLICATION OF LAURIE
WALTON FOR CURRENT USE OPEN SPACE CLASSIFICATION
KITSAP COUNTY TAX PARCEL NOs. 35240120362000 AND
35240120372009
WHEREAS, Laurie Walton applied for current use assessment of a portion of her
property located in the City of Port Orchard, Kitsap County Tax Parcel Nos.
35240120362000 and 35240120372009; and
WHEREAS, Ms. Walton initially presented her application to Kitsap County and
Kitsap County Assessor staff did not realize, at first, that the application was for property
within the City of Port Orchard; as such Kitsap County staff followed their internal
procedure and reviewed the application and prepared a report evaluating the request; and
WHEREAS, Kitsap County Assessor's staff has generously lent their experience and
knowledge of this process to the City of Port Orchard and has provided their report to the
City for its own use; and
Ordinance No.015-09
Page 2 of 3
WHEREAS, RCW 84.34.037 requires that current use applications be processed in
the "same manner" as a comprehensive plan amendment; and
WHEREAS, pursuant to the City's comprehensive plan amendment process, a
public meeting on this application was held by the City of Port Orchard Planning
Commission on May 18, 2009; and
WHEREAS, the City Council has received the staff report recommending approval
of the Current Use Assessment request as limited and conditioned in the recommendations
presented in the report generated by Kitsap County Assessor's staff; and
WHEREAS, on May 26, 2009, the City Council held a public hearing on the
application and took public comment; and
WHEREAS, the City Council desires to approve the Current Use Assessment
request of Laurie Walton for Kitsap County Tax Parcel Nos. 3524012036200o and
35240120372009, subject to conditions as recommended by the Assessor; and
WHEREAS, RCW Chapter 84.34.037 provides that Current Use Assessment
requests shall be acted upon by the granting authority of three members of the County
legislative body and three members of the City legislative body in which the land is located;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. The City Council hereby adopts the findings, conclusions and
recommendation as prepared by Kitsap County Assessor's staff for the Laurie Walton
Application for Current Use Open Space Classification for Kitsap County Tax Parcel Nos.
3524012036200o and 35240120372009. The Assessor's report is hereby incorporated by
reference.
SECTION 2. Grant of Approval. The City Council hereby approves the
designation of the Laurie Walton property as Open Space and approves the Current Use
Assessment request for Kitsap County Tax Parcel Nos. 3524012036200o and
35240120372009 subject to the twelve conditions set forth in the Kitsap County Assessor's
report.
SECTION 3. City Council directs staff to present this Ordinance to the Board
of County Commissioners at the next available date for review and concurrence pursuant to
RCW Chapter 84.34.037•
Ordinance No.015-09
Page 3 of 3
SECTION 4. Subject to review by the City Attorney, the City Council
authorizes the Mayor to execute all documents necessary to effectuate the approval of this
application.
SECTION 5. Upon request by the City, County, or State of Washington,
Applicant shall execute and record all documents necessary to effectuate the approval of
this application. This approval shall not be effective until all necessary documents are
executed and when required recorded with the County Auditor.
SECTION 6. 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 7. 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 9th day of June 2009.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
John Clauson, Councilmember
1 ' City of Port Orchard
;rr �� , _ A 216 Prospect Street, Port Orchard, WA 98366
(360) 8�76-440� •FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Items 7C Meeting Date: June 9, 2oo9
Subject: Adoption of Ordinance No. 015-09, Prepared by: James Weaver
Approving the Walton Open Space Development Director
Request Atty Routing No: 105-09
Atty Review Date: June 1, 2oo9
Summarv: On March 6, 2009 the Port Orchard Planning Department received an email and a staff report
from the Kitsap County Assessor regarding an application for a total of 9 acres requested to be designated
as Current Use Open Space Tax Classification. Ms. Walton has made an application in November 2007
to the Kitsap County Assessor for the classification of APN# 352401-2-036-2000, five acres of
undeveloped land and APN# 352401-2-031-2009 which is also five acres but contains a single family
residence, with only 4 acres qualifying under the Kitsap County criteria. Both parcels are zoned R8 (8
units per acre) residential medium density.
The City Council was briefed on the Open Space request at their regular Work Study Meeting on April
21st, 2oo9, and supported the staff processing of the request through the council committees and
Planning Commission prior to bringing it to a regularly scheduled City Council meeting for decision.
The Port Orchard Finance Committee considered the Proposal at their April 22, 2009, meeting and
approved for the Open Space request to be further processed and forwarded to the City Council. The
Public Property Committee considered the Open Space request at their May 6th meeting and approved
for the Open Space request to be further processed and forwarded to the City Council. The Port Orchard
Planning Commission considered the Proposal and public testimony at their May 18, 2009, meeting and
moved to support the recommendation to City Council for the Open Space request.
The Open Space Public Hearing was noticed and held on May 26, 2oo9, at the City Council Regular
Meeting. Testimony was provided in support of the Open Space request and in rejection of the Open
Space process as a whole. Direction was given to staff to provide an Ordinance for adoption at the next
regularly scheduled City Council Meeting. Ordinance No. 015-09, was prepared to approve the Walton
Open Space Request and forward to the Kitsap County Board of County Commissioners for
consideration.
Recommendation: Approve Ordinance No. 015-09, to approve the Walton Open Space Request
Motion for consideration: I move to Approve Ordinance No. 015-09, to approve the Walton Open Space
Request and forward to the Kitsap County Commissioners.
Fiscal Impact: Total Tax Shift of $2,550.
Alternatives: Do Not Adopt Ordinance No. 015-09.
Attachments: Ordinance No. 015-09.
Kitsap County Assessor Staff Report
Introduced by:
City Clerk
_Requested by:
City Clerk
Drafted by:
City Clerk
Reviewed by:
City Attorney
Introduced:
June g, 2oog
_Adopted:
June g, 2009
ORDINANCE NO. m6-o9
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.6o SAFE
AND SANE FIREWORKS SECTION5.6o.040 PERTAINING TO THE
NUMBER OF LICENSES TO BE ISSUED ANNUALLY
WHEREAS, Port Orchard Municipal Code (POMC) Chapter 5.6o.040 provides that
only seven licenses shall be issued annually in the city; and
WHEREAS, the proposed changes are to eliminate the number of licenses issued
annually in the City; and
WHEREAS, the proposed changes will allow those fireworks providers to receive a
permit within the City limits so long as they comply with all state and local laws; now
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section i. Port Orchard Municipal Code Section 5.6o.040 is hereby amended to
read as follows:
5.6o.04o Number of permits and stands.
Fourth of July Holiday Period. Each permittee shall be issued a
fireworks permit annually and is entitled to only one retail outlet.
Section2. Each and every provision of this Ordinance shall be deemed
severable. In the event that any portion of this Ordinance is determined by final order of
a court of competent jurisdiction to be void or unenforceable, such determination shall
not affect the validity of the remaining provisions thereof provided the intent of this
Ordinance can still be furthered without the invalid provision.
Ordinance No. 016**-
09
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 9th day of June 2009.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
John Clauson, 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 7D Meeting Date: June 9, 2009
Subject: Adoption of Ordinance No. o16-o9, Prepared by: Patti Kirkpatrick, CMC
Amending Port Orchard Chapter City Clerk
5.6o Safe and Sane Fireworks Atty Routing No: io8-o9
Section 5.6o.040 Pertaining to the Atty Review Date: June 1, 2009
Number of Licenses to be Issued
Annually
Summary: Port Orchard Municipal Code 5.6o.040 provides that only seven licenses shall be issued
annually in the City. With the annexation of Sedgwick and Bethel Road, which includes Fred Meyers, it
was unforeseen that there would be additional requests for fireworks stands within City Limits. Staff was
directed to bring forward an ordinance amending this section of the Code to allow for unlimited fireworks
permits to be issued within City limits. South Kitsap Fire and Rescue has been made aware of this
proposed change and have voiced no objections to the new language.
It should be noted that changes to the Fireworks Code do not normally take effect for one-year after
adoption; however because this ordinance will lift "restrictions" placed on permits within the City, this
requirement is not applicable. RCW 70.77.250(4) states that "Any ordinances adopted by a county or city
that are more restrictive than state law shall have an effective date no sooner than one year after their
adoption."
The Council needs to decide when the ordinance is to take effect whether it is in the normal course, 5 days
after publication, or whether it shall take effect for next year's fireworks season. If the Council wishes this
to take effect for next year, staff recommends that the ordinance be made effective January 1, 2010.
Further, staff has received an additional request for a fireworks stand from Phantom Fireworks to be
located at 370 SW Sedgwick Road. Depending on the Council's motion, staff will either bring this permit
request forward for consideration at the June 23, 2oo9, regular meeting or issue the permit five days
after this ordinance is published.
Recommendation: Staff recommends adopting Ordinance No. o16-o9, Amending Port Orchard
Municipal Code Chapter 5.6o Safe and Sane Fireworks Section 5.6o.040 pertaining to the number of
licenses to be issued annually with the Ordinance becoming effective five days after publication.
Motion for consideration: I move to approve Ordinance No. o16-o9, Amending Port Orchard Municipal
Code Chapter 5.6o Safe and Sane Fireworks Section 5.6o.040 pertaining to the number of licenses to be
issued annually with the effective date of the Ordinance to be five days after publication.
Alternatives: 1) I move to approve Ordinance No. o16-o9, Amending Port Orchard Municipal Code
Section 5.6o.040 Issuance of Fireworks Permits to be effective January 1, 2010.
2) Not adopt the Ordinance and provide direction to staff.
Attachments: Ordinance No. o16-o9
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Introduced:
June 9, 2009
Adopted:
RESOLUTION NO. 059-09
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING RESOLUTION NO. o18-o8, AND PROVIDING THE
PUBLIC WORKS DIRECTOR AND MAYOR WITH CHANGE ORDER
AUTHORITY
WHEREAS, on February 12, 20o8, the City Council passed Resolution No. o18-
o8, which provided that the Public Works Director could approve change orders up to
$1,000; change orders over $1,000 but less than or equal to$15,000 could be approved by
the Mayor and all change orders over $15,000 would be approved by the City Council; and
WHEREAS, it is the desire of the City of Port Orchard to facilitate the timely and
efficient conduct of city business; and
WHEREAS, it is the Council's intent that change orders, on a per project basis, not
less than $15,000 may be approved by the Public Works Director; change orders over
$15,000 and under $25,000 may be approved by the Mayor; and change orders greater
than $25,000 shall be reviewed by the City Council; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
HEREBY RESOLVES AS FOLLOWS:
THAT: Resolution No. o18-o8, is repealed in its entirety.
OUT: The Public Works Director's change order authority is limited to
$15,000 or less.
THAT: Change orders over $15,000 and less than $25,000 may be approved
by the Mayor.
THAT: The change order dollar thresholds apply on a per project basis; and
change orders in excess of $25,000 shall be reviewed for approval by
the City Council at its next regularly scheduled meeting.
Commented [jafl]: These changes beg the question of what
happens to a change order of 15,000.50 or 25,000.51. — ie there are
amounts between 15,000 and 15,001 or 25,000 and 25,001
Resolution No. 059-09
Page 2 of 2
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 9th day of June
2009.
LARY COPPOLA, MAYOR
ATTEST:
Patricia J. Kirkpatrick, CMC, 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. Business Item
Subject: Adoption of Resolution No. 059-09,
Repealing Resolution No. o18-o8,
And Providing the Public Works
Director and Mayor with Change
Order Authority
Meeting Date: June 9, 2009
Prepared by: Patti Kirkpatrick, CMC
Citv Clerk
Atty Routing No: 1o8
Atty Review Date: June 1, 2009
Summary: On May 12, 2004, the City Council had authorized the Public Works Director with
change order authority up to $15,000, and to call for a special City Council meeting within 24
hours for change orders with a higher amount. On March 11, 2oo8, the City Council amended its
policy on change order authorization for the Public Works Director up to $1,000. Change orders
in the amount of $1,001 to $15,000 would be approved by the Mayor and all change orders over
$15,001 would be approved by the City Council. Further, the Council directed that the change
order authority was on a per project basis.
On May 28, 2oo8, the Council confirmed the hiring of a new Public Works Director, Mark
Dorsey. Mr. Dorsey has proven his ability to work closely with the Mayor, Council, and City
Treasurer to insure project funding is available as well as bring forward change orders for final
approval by the Council.
At the May 19, 2009, Work Study Session, the Public Works Director requested that his change
order authority be increased to $15,000 or less and the Mayor's change order be increased to
$25,000.
Recommendation: Staff recommends adoption of Resolution No. 059-09, Repealing Resolution
No. o18-o8, and providing the Public Works Director and Mayor with change order authority.
Motion for consideration: I move to adopt Resolution No. 059-o9, repealing Resolution No. o18-
o8, in its entirety, and granting the Public Works Director authority to approve change orders up
to $15,000; the Mayor authority to approve change orders between $15,001 to $25,000; and all
change orders over $25,001 shall be approved by the City Council. Further, the change order
authorization shall be on a per contract basis and shall be approved by the Council at its next
regularly scheduled meeting.
Fiscal Impact: None.
Alternatives: Maintain the authority of the Public Works Director and Mayor as approved on
March 11, 2oo8.
Attachments: Resolution No. 059-09
�7L'lf��li►�ITifi1[C3►7G\ul
CITY OF PORT ORCHARD
Authorization for Change Order #9
Date: June 9, 2009
Project: Tremont Street Widening
Contract / Job # STPUS-6610 (004)
Contractor: Berger/Abam Engineers, Inc.
Brief Description of Change Order work (Documentation to be attached): Cost to complete redesign @
100% PS&E, 100% R/W Plan & NEPA approval for "shovel ready" status.
Contract History
$ Da to Appvd b
Original Contract
Change Order
$455,000.00
10-Aug-05
Council
$47,800.00
23-May-06
Council
Change Order2
$58,900.00
16-Jan-07
Council
Change Order3
$40,833.00
26-Mar-07
Council
Change Order4
$10,000.00
07-Jan-08
Council
Change Order5
$55,013.00
14-Ma -08
Council
Change 0rder6
$15,000.00
07-Jul-08
Council
Change 0rder7
$55,579.00
07-Jul-08
Council
Change Order8
$0.00
26-May-09
Council
Change 0rder9
$228,237.00
09-Jun-09
Council
Total Contract $966,362.00
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:
Change Orders over $1,000 up to $15,000 are to be
approved by the Mayor.
Approved:
Public Works Director/City Engineer
Mayor
Attest:
City Clerk
Change Orders over $15,000 (per project) require
Council action.
Council Approval Date
Common/CITYOFPORTORCHARD change order
Page 1 of 1
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. o6o-o9
Public Works Director
Public Works Director
Public Works Director
June 9, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING THE CONTRACT BETWEEN THE CITY OF PORT ORCHARD AND
BERGER/ABAM ENGINEERS, INC. AND AUTHORIZING THE MAYOR TO
EXECUTE THE AMENDED CONTRACT (SUPPLEMENTAL AGREEMENT
NUMBER 9)
WHEREAS, on August 20, 2005 the City of Port Orchard entered into a Contract with
Berger/Abam Engineering, Inc. regarding the Tremont Street Widening Project; and
WHEREAS, since August 20, 2005 there have been eight (8) contract supplemental
agreements to date, with the current Berger/Abam Engineering, Inc. contract amount being
$738,125.00 with an associated contract Completion Date of May 30, 201o; and
WHEREAS, the total contract amount needs to be amended from $738,125.00 to
$966,362.00 for the cost to complete the redesign at i00% PS&E, i00% R/W Plan and NEPA
approval for "shovel ready" status; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council agrees to amend the contract between the City of Port
Orchard and Berger/Abam Engineering, Inc. by increasing the contract amount
from $738,125.00 to $966,362.00; and
FURTHER THAT: The Mayor is authorized to execute Supplemental
Agreement Number 9 (Exhibit A) with Berger/Abam Engineering, Inc. for the
Tremont Street Widening Project.
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 9th day of June 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. Business Item No. 7F Meeting Date: June 9, 2009
Subject Adoption of Resolution No. 060-09 Prepared by: Mark Dorsey, P.E.
Authorizing the Mayor to Execute Public Works Director
Supplemental Agreement No. 9 Atty Routing No: N/A
Between the City and Berger/Abam Atty Review Date: N/A
Summary: On June 24, 20o8 the Port Orchard City Council directed Public Works staff to
pursue Option No. 3 of the Alternatives Analysis, being a roundabout at South Kitsap
Boulevard and a roundabout at Pottery Avenue with design reconsiderations. At the April 21,
2009 Work Study Session, Berger/Abam Engineers, Inc. presented 1) a design update; 2)
proposed next steps towards being "shovel ready;" and 3) a request for additional funding for
the engineering design of the Tremont Street Widening Project (as discussed previously at the
June 24, 2oo8, Council Meeting.) Council then directed Staff to obtain additional funding for
the project's continuation toward shovel ready status. On April 28, 2009 the Port Orchard City
Council passed Resolution No. 040-09, thereby supporting the Tremont Street
Widening/Gateway Project as requested by the Kitsap Regional Coordinating Council (KRCC)
as a condition of support for the City of Port Orchard's $1,017,000.00 county -wide funding
request. On May 26, 20o9 a contract time extension was approved by Council to allow for
adequate time to formalize the project's funding acquisition process through KRCC for i00%
PS&E and ROW Plan Approval/Acquisition within 2009/1010, since the KRCC Board did not
meet until June 2, 20o9 and commitment of the county -wide funds could not occur until that
time.
As presented at the April 21, 2009 Council Work Study Session, Berger/Abam requested an
additional $228,237.00 in supplemental funds to complete the project design. This amount
does not include the $71,000.00 Berger/Abam contributed toward the project in overhead
expenses to get the project back on track.
Recommendation: Staff recommends that the City Council adopt Resolution No. o6o-o9,
thereby authorizing the Mayor to execute Supplemental Agreement No. 9 of the Contract
between the City of Port Orchard and Berger/Abam Engineers, Inc., thereby increasing the
contract amount from $738,125.00 to $966,362.00 for the cost to complete the redesign at
i00% PS&E, i00% R/W Plan and NEPA approval.
Motion for consideration: I move to adopt Resolution No. o6o-o9, thereby authorizing the
Mayor to execute Supplemental Agreement No. 9 of the Contract between the City of Port
Orchard and Berger/Abam Engineers, Inc., thereby increasing the contract amount from
$738,125.00 to $966,362.00 for the cost to complete the redesign at i00% PS&E, i00% R/W
Plan and NEPA approval.
Fiscal Impact: Additional funds requested to be provided through the City's KRCC Countywide
request of $1,017,000.00.
Alternatives: None
Attachments: Resolution No. o6o-o9
Supplemental Agreement No. 9
COPO Change Order No. 9
Berger/Abam Supplemental Documents (Exhibit A-1, E & Table No. 1)
2
Introduced by
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 061-09
Public Works Director
Public Works Director
Public Works Director
June 9, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH N.L. OLSON &
ASSOCIATES, INC. FOR MELCHER STREET WATER PUMP STATION
SURVEY
WHEREAS, on April 17, 2009 the City of Port Orchard Utilities Committee
directed Staff to obtain professional survey services cost proposals for boundary and
easement resolution associated with the Melcher Street Water Pump Station; and
WHEREAS, the City of Port Orchard received two (2) proposals from local
surveyors listed on the 2009 Professional Service Roster, with N.L. Olson & Associates,
Inc. being the lowest qualified bidder with a bid of $6,600; 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 the contract
with N.L. Olson & Associates, Inc. for the Melcher Street Water Pump
Station survey, in an amount not to exceed $6,600, with funds from
the Water Sewer Fund.
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 9th day of June 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
1.
2.
3.
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
City of Port Orchard Contract No. C036-09
THIS Agreement is made effective as of the day of , 2009, by and between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029
and
N.L. Olson & Associates, Inc. ("CONSULTANT")
2435 Bethel Avenue
P0Box 637
Port Orchard, WA 98366
Contact: Greg Boeh, PLS Phone: 360.876.2284 Fax: 360.876.1487
Tax Id No. 91-1153683
for professional services in connection with the following Project:
Survey for the Melcher Street Water Pump Station
�_Y_�I 7►'I_f.Y�►1 �ZK�)�It7_Y__Y_[I]�f.�
Services by Consultant
A. Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Attachments "A." The services performed by the Consultant shall not exceed
the Scope of Work without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be
agreed to by the parties and incorporated in written amendments to the Agreement.
Schedule of Work
A. Consultant shall perform the services described in the scope of work in accordance with the
Schedule attached to this contract as Attachments "A." If delays beyond Consultant's
reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed.
Terms. This Agreement shall commence on June 10, 2009 ("Commencement Date") and shall
terminate December 31, 2009 unless extended or terminated in writing as provided herein.
1 of 6
4. Compensation
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $6,600.00 without written authorization.
5. Payment
A. Consultant shall maintain time and expense records and provide them to the City monthly,
along with monthly invoices in a format acceptable to the City for work performed to the date
of the invoice.
B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper
invoice.
C. Consultant shall keep cost records and accounts pertaining to this Agreement available for
inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third -party agreement. Copies shall be made available on request.
D. If the services rendered do not meet the requirements of the Agreement, Consultant will
correct or modify the work to comply with the Agreement. City may withhold payment for
such work until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. Consultant agrees not to discriminate against any employee or applicant for employment or
any other person in the performance of this Agreement because of race, creed, color, national
origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to
the work to be done under this Agreement.
C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written
Notice to Proceed.
D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by City, in whole or in part, and
may result in ineligibility for further work for City.
7. Suspension and Termination of Agreement
A. This Agreement may be terminated by the City at any time upon the default of the Consultant
or upon public convenience, in which event all finished or unfinished documents, reports, or
other material or work of Consultant pursuant to this Agreement shall be submitted to City,
and Consultant shall be entitled to just and equitable compensation for any satisfactory work
completed prior to the date of termination, not to exceed the total compensation set forth
herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead.
Consultant shall not in any event be entitled to anticipated profit on work not performed
because of such termination. Consultant shall use its best efforts to minimize the
2 of 6
compensation payable under this Agreement in the event of such termination. If the
Agreement is terminated for default, the Consultant shall not be entitled to receive any further
payments under the Agreement until all work called for has been fully performed. Any extra
cost or damage to the City resulting from such default(s) shall be deducted from any money
due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred
by the City in completing the work, including all increased costs for completing the work,
and all damage sustained, or which may be sustained by the City by reason of such default.
B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice
to Consultant. Such notice shall indicate the anticipated period of suspension. Any
reimbursement for expenses incurred due to the suspension shall be limited to the
Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall
resume performance of services under this Agreement without delay when the suspension
period ends
8. Standard of Care
Consultant represents and warrants that it has the requisite training, skill and experience
necessary to provide the services under this agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by Consultant
under this agreement will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
9. Ownership of Work Product
All data materials, reports, memoranda, and other documents developed under this Agreement
whether finished or not shall become the property of City, shall be forwarded to City at its request
and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph
6 above, all finished or unfinished documents, reports, or other material or work of Consultant
pursuant to this Agreement shall be submitted to City. City agrees that if it uses products
prepared by Consultant for purposes other than those intended in this Agreement, it does so at its
sole risk and it agrees to hold Consultant harmless therefore.
10. Indemnification/Hold Harmless
Consultant shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents,
employees, or sub consultants in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. This indemnification and hold harmless shall apply
regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW
Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such
indemnification.
11. Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
3 of 6
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
O1 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the work
performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
4 of 6
12.
13
14.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
Assigning or Subcontracting
Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests
accruing from this Agreement without the express prior written consent of the City, which
consent may be withheld in the sole discretion of the City.
Independent Contractor
Consultant is and shall be at all times during the term of this Agreement an independent
contractor.
Notice
Any notices required to be given by the City to Consultant or by Consultant to the City shall be in
writing and delivered to the parties at the following addresses:
Lary Coppola
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
15. Disputes
16.
Greg Boeh, PLS
N L Olson and Associates, Inc.
P O Box 637
Port Orchard, WA 98366
Phone: 360.876.2284
Fax: 360.876.1487
Any action for claims arising out of or relating to this Agreement shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court.
Attorneys Fees
In any suit or action instituted to enforce any right granted in this Agreement, the substantially
prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's
fees from the other party.
17. Extent of Agreement/Modification
This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or added to only
by written instrument properly signed by both parties.
5 of 6
CITY OF PORT ORCHARD, CONSULTANT
WASHINGTON
By:
Date:
Un
Lary Coppola Name:
Mayor
Title:
Attest:
By:
Patricia J. Kirkpatrick, CMC
City Clerk
Date:
6 of 6
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 9 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item No.
Subject: Adoption of Resolution No. o61-o9
Authorization the Mayor to Execute
Contract with N.L. Olson &
Meeting Date: June 9, 2009
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No: N/A
Associates, Inc. for Melcher Street Atty Review Date: N/A
Water Pump Station Survey
Summary: During the permit review process for a single-family building permit application
located along Sidney Avenue near Melcher Street, staff discovered both boundary and easement
issues associated with the Melcher Street Water Pump Station. This item was brought before the
Utilities Committee on April 17, 2009, for discussion, whereby staff was directed to obtain cost
proposals for professional survey services and to have the item brought forth to the April 21,
2009, Work Study Session for discussion. The City has now received two (2) bids from local firms
selected from the 2009 Professional Services Roster to perform the professional survey services
necessary to resolve "as needed" boundary issues in order to secure an easement for the Melcher
Street Water Pump Station. The bids received are as follows:
N.L. Olson & Associates, Inc. $6,600
Ward C. Muller &Associates, Inc. $6,9oo
Upon review of the bids received, N.L. Olson & Associates, Inc. was determined by staff to be the
lowest qualified bidder with a bid of $6,600.00.
Recommendation: Staff recommends that the City Council adopt Resolution No. o61-o9,
authorizing the Mayor to execute a contract with N.L. Olson & Associates, Inc. for the Melcher
Street Water Pump Station Survey in an amount not to exceed $6,600, with funds from the Water
Sewer Fund.
Motion for consideration: I move to adopt Resolution o61-o9, thereby authorizing the Mayor to
execute the contract with N.L. Olson & Associates, Inc. for Melcher Street Water Pump Station
Survey in an amount not to exceed $6,600, with funds from the Water Sewer Fund.
Fiscal Impact: Water Sewer Fund
Alternatives: None.
Attachments: Resolution o61-o9
Contract with, Exhibit A — N.L. Olson & Associates Proposal (Dated May 14,
2009)
Memo
To: City Clerk's Office
From: Greg Rogers, Fire Prevention Manager
CC:
Date: June 3, 2009
Re: Poker Run for Vets Cancer Research
The South Kitsap Fire & Rescue Prevention Office has completed a review of the
public event application that was dated received June 3, 2009 for the Poker Run,
located at 714 Bay Street in the City of Port Orchard, and has no immediate concerns
with this application at this following time.
Nothing in this review is intended to authorize or approve of any aspect of the
design that does not comply with all applicable codes and standards. Should
additional information become available, these comments may require modification.
Please insure that additional information regarding this project is forwarded to our
office. If you have any questions, please contact me at 871-2411.
Sincerely,
Greg D. Rogers
Fire Prevention Manager
• Page 1
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: Approval of Public Event: Poker Run Prepared by:
For Veterans Cancer Research
Atty Routing No:
Atty Review Date:
June 9, 2009
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summary: Moondogs Too has submitted their application for a public event, Poker Run for
Veterans Cancer Research to be held on June 14, 2009. City departments, as well as the Fire
Department, have reviewed the application and submitted their recommendations and/or
comments.
This is a new event and it is expected to benefit the community by supporting efforts to raise
money for the Veterans Cancer research. The applicant is seeing permission to host their event
in downtown Port Orchard with no anticipated street closures.
Recommendation: Staff recommends approving the Public Event application for the Poker Run
for Veterans Cancer Research to be held on Sunday, June 14, 2009.
Motion for consideration: I move to approve the public event application for the Poker Run for
Veterans Cancer Research, which will be held June 14, 2009, in Downtown Port Orchard.
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
Memo
To: City Clerk's Office
From: Greg Rogers, Fire Prevention Manager
CC:
Date: June 3, 2009
Re: 4t" July Celebration
The South Kitsap Fire & Rescue Prevention Office has completed a review of the
public event application that was dated received June 3, 2009 for the 4th July
Celebration, located at 1413 West Avenue in the City of Port Orchard, and has no
immediate concerns with this application at this following time.
Nothing in this review is intended to authorize or approve of any aspect of the
design that does not comply with all applicable codes and standards. Should
additional information become available, these comments may require modification.
Please insure that additional information regarding this project is forwarded to our
office. If you have any questions, please contact me at 871-2411.
Sincerely,
Greg D. Rogers
Fire Prevention Manager
• Page 1
4 Fail
� 7n■ � ,�IIIL �
r.�
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 71 Meeting Date:
Subject: Approval of Public Event: Fourth of Prepared by:
July Celebration- Block Party
Atty Routing No:
Atty Review Date:
June 9, 2009
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summary: Benjamin Calhoun has submitted an application for public event for a Community
Block Party on the Fourth of July to be held in the 140o Block of West Avenue. Since this is a
new Public Event, staff is bringing forward for Council's review and Consideration. City
departments, as well as the Fire Department, has reviewed the application and submitted their
recommendations and/or comments.
This event is expected to benefit the community of the 140o Block of West Avenue by
strengthening relationships between its neighbors who have the same goals of improving our
community. West Avenue is a dead-end road and an alternate route through the alleyway
between West Avenue and Garrison has been arranged for. The proposed road closure starts at 6
p.m. till Midnight.
Recommendation: Staff recommends approving the Public Event application for a Fourth of
July Community Block Party Celebration.
Motion for consideration: I move to approve the public event application for the Fourth of July
Community Block Party Celebration to be held in the 1400 Block of West Avenue from 6 p.m. to
Midnight, and for use of a portion of the City's right-of-ways.
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
City of Port Orchard
TM- i'= Council Meeting Minutes
Work Study Session of May 19, 2009
7:00 P.M. CALL TO ORDER AND ROLL CALL
PRESENT: Mayor Pro-Tem Powers
Councilmembers: Clauson, Chang, Childs, Colebank, and Olin
ABSENT: Mayor Lary Coppola and Councilmember Putaansuu
ALSO PRESENT: City Treasurer Tompkins, Public Works Director Dorsey,
Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and
City Attorney Jacoby.
Update: Annexations
Development Director Weaver reported that the McCormick Woods Annexation has
been submitted to the Boundary Review Board for final review and that staff is
working with City Attorney Jacoby on the various Interlocal Agreements (ILA) with
the County and McCormick Woods and he would provide the ILA's for Council's
review at their June 16, 2009 Work Study Session.
Development Director Weaver further reported that the City had received a petition
to annex both sides of Mile Hill/SR 166 area out to Howe Farm.
Update Tremont Widening
Public Works Dorsey reported the Tremont Widening project is moving forward at a
steady progress and depending upon when the City acquires all of the rights -of -way
it should be shovel ready by 2010 or 2011.
The Council directed the City Attorney to provide a brief summary on the process to
do condemnations.
Update: Storm Drainage Code Revisions
Public Works Director Dorsey provided a brief update of the items that needed to be
completed, in accordance with National Pollutant Discharge Elimination System
(NPDES) prior to August 15, 2009, including a draft copy Ordinance to address
runoff from new developments, redevelopment, and construction site activities.
Further, Mr. Dorsey explained that specific requests, from a property owner, to
reduce the Storm Drainage Utility Fee regarding the actual amount of impervious
surface will be brought to the Utility Committee for review and recommendation to
the Council.
Purchase Authority — Public Works Director
Public Works Director Dorsey requested his change order authority be increased to
$15,000 for all budgeted items on a per project basis. After a brief discussion, the
Council directed staff to bring this item forward to the June 9, 2009, Council
Agenda.
May 19, 2009, Work Study Session Minutes
Page 2 of 3
Mobile Hotdog Stand
City Clerk Kirkpatrick sought direction from the Council for a request to use a
portion of the City's property for a mobile hotdog stand by the foot ferry terminal
entrance. After a brief discussion, Council directed staff to move forward with the
temporary vendor license process to allow the mobile hotdog stand on the
grass/sidewalk in front of the foot ferry terminal across from the totem pole.
Further, the City Attorney was directed to determine a monthly rental rate for the
leased space.
Parking during Elections
City Clerk Kirkpatrick explained Kitsap County is asking permission to reserve two
parking stalls during the two weeks prior to an election and two stalls on the day of
primary and general elections. Council directed staff to write a letter approving the
reserved parking stalls until either party terminates the agreement in writing, with
the condition that Kitsap County will be responsible for the signage.
Fireworks Permits
City Clerk Kirkpatrick explained that with the annexation of Fred Meyers it was
unforeseeable the current allowed limit of seven authorized fireworks permits per
year would become an issue and sought direction on how to proceed. The Council
directed staff to bring forth an ordinance amending the Port Orchard Municipal
Code to allow an eighth fireworks permit to be issued at the May 26, 2oo9, regular
meeting and to amend City Code to eliminate the number of licenses/permits issued
for firework stands.
Scheduling Future Work Study Session Items:
City Clerk Kirkpatrick asked the Council if they would like to participate in a Round
Table discussion with the Community Affairs Committee of the Chamber of
Commerce. The Council directed staff to invite the Community Affairs Committee to
one of its Work Study Sessions.
Six Year Transportation Improvement Plan
Public Works Director Dorsey provided the Council with a draft of the Six -Year
Transportation Improvement Plan (TIP). Staff will bring the final TIP forward at
the June 9, 2009, Council meeting for consideration.
Water Street/Boat Ramp Emergency Repairs
Public Works Director Dorsey explained that the Water Street boat ramp is in need
of an emergency repair. After a brief discussion, staff would provide a temporary fix
until a grant is received or funds are available. Staff will check with the City's
insurance carrier to see if some or all of the cost to make temporary repairs are
covered and/or reimbursable.
May 19, 2009, Work Study Session Minutes
Page 3 of 3
Seattle Street/Kitsap Street/Alley — Placement of Stop Sign
Public Works Director Dorsey reported that the Public Property Committee has
recommended that a stop sign be placed on the east side of the property and that
South Kitsap Fire and Rescue has confirmed the fire trucks are able to negotiate the
corner without utilizing the Michael's driveway. In response to Cindy Lucarelli
suggestion, Public Works Director will place a yield sign verses a stop sign, which
will satisfy the public safety concern.
Library Mural
Public Works Director Dorsey explained the contract to repair the Port Orchard
Library Mural was signed by Dr. Paul Nuchims. However, with Dr. Nuchims
withdrawing from the contract, staff is looking for direction on how to proceed with
the repair of the Library Mural. After a brief discussion, the Council concluded that
with the funds not being available to redo the Mural; pressure washing the wall
would ruin the Mural; and painting over it would not make the Mural any more
attractive. They directed that staff hold off on any repairs to the Mural until after
Cedar Cove Days in August.
Review: Draft Ordinance - Critical Areas
Development Director Weaver explained that with salmon being on the endangered
species list his staff created a Critical Areas ordinance to be in compliance with
federal and state regulations. Further, he recommended using the same plan as
Kitsap County, which has already been accepted by the State. At the direction of the
Council, staff will bring the draft ordinance for consideration at a future City
Council meeting.
Update: Request for Proposal on Bay Street Improvements
Development Director Weaver reported staff is moving forward with the Request for
Proposal for the Bay Street Pedestrian Path. The Planning Commission's
recommendations are being reviewed by the City Attorney and staff will provide an
update to the Council at a future Work Study Session.
Melcher Street Water Pump Station
Public Works Directory Dorsey advised the Council that staff has received two
quotes for surveying services on the Melcher Street water pump station. N.L. Olson
& Associates was the low bidder and this item would be brought forward for the
Council's consideration at its June 9, 2009, meeting.
Next Work Study Session- Tuesday, June 16, 2009
At 10:07 p.m. the meeting was adjourned.
Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor
City of Port Orchard
Council Meeting Minutes
Regular Meeting of May 26, 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: Commander Marti, Public Works Director Dorsey, Development
Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby.
PLEDGE OF ALLEGIANCE
Vivian Henderson led the audience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
There were no citizen comments.
APPROVAL OF AGENDA
Councilmember Clauson moved and Councilmember Putaansuu seconded the
motion approving the Agenda. Upon vote, the motion passed unanimously.
APPROVAL OF CONSENT AGENDA
Councilmember Chang moved and Councilmember Colebank seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
A. Approval of Claim Warrants No. 51695 through No. 51767 in the amount of
$126,917.46
B. Approval of the May 12, 2009, Council Meeting Minutes
C. Setting Meeting for Work Study Session to June 16, 2009, at 7:00 p.m. at City Hall
D. Adoption of Resolution No. 054-09, Authorizing the Mayor to Execute an Interlocal
Agreement with Kitsap County for Drug Task Force
E. Approval of Public Event: Cedar Cove Days
F. Approval of Public Event: Saints Car Club
G. Approval of Public Event: Fathoms O' Fun Festival by the Bay
PRESENTATION
Presentation: Cedar Cove Days Cindy Lucarelli
Executive Director Cindy Lucarreli provided a brief update on the Cedar Cove Days event
happening in August. Currently, thirteen bus tours have been sold, the Gala Cruise ticket
sales have picked up, and more than 114 tickets sold for the Up Close Chat with author
Debbie Macomber. There will be over 40 vendor booths, and their volunteers are
organizing and getting ready for the event. She thanked the community for their ongoing
support for this event.
Minutes of May 26, 2009
Page 2 of 6
PUBLIC HEARINGS
Public Hearing: Walton Open Space Request
Development Director Weaver presented the staff report, noting on March 6, 2009, the
Port Orchard Planning Department received an email and a staff report from the Kitsap
County Assessor regarding an application for a total of 9 acres requesting to be designated
as Current Use Open Space Tax Classification. Ms. Walton made an application in
November 2007, to the Kitsap County Assessor for the classification of APN# 352401-2-
036-2000, five acres of undeveloped land and APN# 352401-2-037-2009 which is also five
acres but contains a single family residence, with only 4 acres qualifying under the Kitsap
County tax criteria. Both parcels are zoned R8 (8 units per acre) residential medium
density.
The City Council was briefed on the Open Space request at their regular Work Study
Meeting on April 21, 2009, and supported staff processing the request through the Public
Property Committee, the Finance Committee, and Planning Commission prior to bringing
forward for final review at a regular City Council meeting.
The Finance Committee considered and approved the Proposal at their April 22, 2009,
meeting; the Public Property Committee considered and approved the Proposal at their
May 6th meeting; and the Planning Commission considered and approved the Proposal
and public testimony at their May 18th, 2009 meeting.
At 7:15 p.m. Mayor Coppola opened the Public Hearing.
Vivian Henderson of Port Orchard voiced her objection to allowing the property to become
designated as Open Space, noting that it was unfair for other tax payers to bear the tax
burden.
Lori Walton 204 Melcher Street, explained that she is the owner of the property in question
and that she is seeking the City's support in order to keep the property in its natural state,
as she has no desire to develop the property.
Diane Hubert and Ali Larson voiced their support to keep the property in its current natural
state.
Dawn Gormer voiced her support of the Open Space request, noting that it was amazing
that the taxes are so high on undeveloped land with wetlands.
There being no further testimony, Mayor Coppola closed the Public Hearing at 7:25 p.m.
Minutes of May 26, 2009
Page 3 of 6
NEW BUSINESS
Authorization for Finance Department to Include Cedar Cove Days Flyers with
Utility Billing Cycle for June and July
City Clerk Kirkpatrick advised that at its May 12, 2009, Council meeting, the following
motion is still before the Council:
Councilmember Childs moved and Councilmember Colebank seconded the
motion to authorize the Finance Department to include flyers of Cedar Cove
Days in the utility billing cycles for June and July.
City Attorney Jacoby clarified that an email had been sent to Council stating there were no
legal impediments so long as the insert does not add to the mailing costs. Further, at the
direction of the Utility Committee, the City Attorney will draft a policy on future use of
flyers in the City's utility billing, which he will bring forward at a future meeting for
consideration.
Upon vote, the motion passed unanimously.
Adoption of Ordinance No. oil-o9, Authorizing the Issuance of Fireworks
Permit to Arrow Fireworks, Inc.
City Clerk Kirkpatrick presented the staff report, noting Port Orchard Municipal Code
5.60.040 provides that only seven licenses shall be issued annually in the City. With the
annexation of Sedgwick and Bethel Road, which includes Fred Meyers, it was unforeseen
that the fireworks stand at Fred Meyers would be seeking a license pursuant to POMC
5.60.040. Staff recommends approving the Fireworks Permit to Arrow Fireworks, Inc.
Councilmember Powers moved and Councilmember Colebank seconded the
motion to approve Ordinance No. 013-09, authorizing the issuance of a
Fireworks Permit to Arrow Fireworks, Inc., located at 1353 Olney Avenue,
upon the approval of the South Kitsap Fire & Rescue. Upon vote, the motion
passed unanimously.
Adoption of Resolution No. o55-og, Authorizing the Mayor to Execute Change
Order No. 1 with Caseco Associates Inc. Regarding Cline Street Repairs
Public Works Director Dorsey presented the staff report, noting on December 23, 2008, the
City Council adopted Resolution No. 067-08, thereby authorizing the Mayor to sign a
contract with Caseco Associates, Inc. for the Cline Street Repairs, which consisted of
paving, grading, curb/gutter and sidewalk improvements located along the east side of
Cline Street between Dwight Street and Kitsap Street. The total bid for the project was $75,
214. Upon completion of the work, a change order in an amount of $4,615 was submitted
by Caseco Associates, Inc. for "changes in conditions." Staff recommends that the City
Council adopt Resolution No. 055-09, authorizing the Mayor to execute Change Order No. 1
with Caseco Associates, Inc. in an amount not to exceed $4,615.
Minutes of May 26, 2009
Page 4 of 6
The Council commended staff on wisely spending City funds on the project as well as
performing in-house design and engineering, which saved the City a lot of money.
Councilmember Olin moved and Councilmember Colebank seconded the
motion to adopt Resolution No. 055-09, authorizing the Mayor to execute
Change Order No. i with Caseco Associates, Inc. in an amount not to exceed
$4,615, with funds from Road and Street Construction. Upon vote, the motion
passed unanimously.
Adoption of Resolution No. 0g6-09, Authorizing the Mayor to Execute
Supplemental Agreement No. 8 with Berger Abam Regarding Tremont
Widening Project
Public Works Director Dorsey presented the staff report, noting on August 20, 2005, the
City of Port Orchard entered into a contract with Berger/Abam Engineers, Inc. for the
engineering design of the Tremont Street Widening Project in an amount not to exceed
$455,000. Since that time, the project scope has been modified several times resulting in
seven (7) supplemental agreements and resulting in a current contract amount of $738,125.
Councilmember Clauson moved and Councilmember Powers seconded the
motion to adopt Resolution No. 056-09, authorizing the Mayor to execute
Supplemental Agreement No. 8 with Berger/Abam Engineers, Inc., for the
Tremont Street Widening Project extending the contract completion date to
May 30, 2010. Upon vote, the motion passed with six affirmative votes and
one dissenting vote. Councilmember Colebank cast the dissenting vote.
Adoption of Resolution No. 057-09, Establishing Exemptions to the
Reimbursement Rates for City Personnel Expenses on Community Events and
Activities
City Clerk Kirkpatrick presented the staff report, noting there are many community events
and activities during the year in Port Orchard. Many of these events and activities have
been deemed to have benefit to the City at large and support tourism and are from time to
time supported by City personnel. The City has supported these events and activities by
exempting them from the requirement that they reimburse the City for use of City
personnel. Staff recommends the Council adopt Resolution No. 057-09, establishing
exemptions to the reimbursement rates for City personnel expenses on community events
and activities or projects on private or public property owned by other governmental
entities.
Councilmember Childs moved and Councilmember Colebank seconded the
motion to adopt Resolution No. 057-09, establishing exemptions to the
reimbursement rates for City personnel expenses on community events and
including the Seagull Calling Festival and activities or projects on private or
Minutes of May 26, 2009
Pages of 6
public property owned by other governmental entities. Upon vote, the motion
passed unanimously.
CITIZENS COMMENTS
Roger Zabinski, spoke briefly on his candidacy for Port Commissioner, noting that he is a
fourth generation resident of Kitsap County, with a background in technology and
economics, which he stated would be a good fit with the Port. He supported open
communications; was interested in learning more about the City's parking garage; and
creating more high tech jobs in the County.
COMMITTEE REPORTS
Councilmember Childs thanked the community for supporting the South Kitsap Fire and
Rescue, noting the recent levy was good for the community.
MAYOR'S REPORT
Mayor Coppola reported on the following:
• Meeting with State Representative Jan Angel, Representative Larry Seaquist, and
Senator Derek Kilmer regarding funding of various projects;
• Meeting with Roger Zabinski, candidate for Port of Bremerton Commission
regarding the City's position on various issues;
• Meeting with a representative from the IBEW Local 46 regarding increasing work for
the membership, i.e. how to get on the City's Small Works Roster;
• Participated in the interview panel for new City Treasurer, noting that an offer had
been made to one of the candidates; and
• Meeting with Commissioner Cheryl Kincer, Port of Bremerton, regarding potential
funding of the City's parking garage.
REPORT OF DEPARTMENT HEADS
Public Works Director Dorsey reported on staffs progress in making minor repairs to the
City's boat ramp, noting this is a temporary fix until staff is able to secure funding through
grants.
City Clerk Kirkpatrick voiced her appreciation to the Port of Bremerton on their first
successful Harbor Festival, noting that the foot ferry was full during the extended hours and
that it appeared those in attendance enjoyed the band, beer garden, and Taste of Port
Orchard on Sunday.
EXECUTIVE SESSION
At 8:o9 p.m. the Mayor recessed the meeting for a ten-minute executive session regarding
potential liability (RCW 42.30.110). City Attorney Jacoby and Development Director
Weaver were invited to attend and the Mayor announced no action would be taken as a
result of the executive session. At 8:19 p.m. the Mayor extended the executive session for an
additional twenty minutes. At 8:46 p.m. the Mayor reconvened the regular meeting.
Minutes of May 26, 2009
Page 6 of 6
ADJOURNMENT
At 8:47 p.m. Mayor Coppola adjourned the meeting.
Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor