02/10/2009 - Regular - PacketCITY OF PORT ORCHARD
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
City Council Meeting Agenda
February 10, 2009
7:00 P.m.
1. 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, and Treasurer's check book
B. Approval of the January 20, 2009, Council Work Study Session Meeting Minutes
C. Approval of the January 27, 2009, Council Meeting Minutes
D. Adoption of Resolution No. 011-09, Authorizing the Mayor to Sign Lease Agreement with
Kelley Imaging Systems for City Hall Copiers (Kirkpatrick)
E. Adoption of Resolution No. 012-o9, Authorizing the Mayor to Sign the Assignment of Contract
Between One For All, Inc. and Kitsap Outdoor, Inc. for Landscaping Services (Kirkpatrick)
5. PRESENTATIONS
A. Proclamation: Art Mikelson Day
6. PUBLIC HEARING
A. Public Hearing on Ordinance No. 003-09, Regarding Street Vacation of Sidney Road — Mist
Ventures (Kirkpatrick)
B. Public Hearing Regarding Annexation of Sedgwick/Bethel Parcels (Weaver)
7. BUSINESS ITEMS
A. Adoption of Ordinance No. 004-o9, Approving the Annexation Request for the Sedgwick and
Bethel Parcels (Weaver)
B. Adoption of Resolution No. 013-o9, Authorizing the Mayor to Execute the McCormick Woods
Annual Septic Tank Maintenance Program Contract (Dorsey)
C. Approval for Public Works Director to Purchase Snow Plow (Dorsey)
8. REPORTS OF COUNCIL COMMITTEES
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.orfor broadcast dates and times
February 10, 2009, Meeting Agenda Page 1 of 2
9. REPORT OF MAYOR
1o. REPORT OF DEPARTMENT HEADS
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is asked that you do not speak on the same matter
twice.)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, 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
February 25, 2009
Myhre's
7:30 a.m.
Tourism Committee
February 11, 2009
City Hall
2:00 p.m.
Festival of Chimes & Lights
T.B.D.
Utilities Committee
February 13, 2009
Myhre's
7:30 a.m.
Sewer Advisory Committee (SAC)
February 18, 2009
W.S.U.D.
6:30 p.m.
Public Property Committee
T.B.D.
Work Study Session
February 17, 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.orfor broadcast dates and times
February 10, 2009, Meeting Agenda Page 2 of 2
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Introduced:
February 10, 2009
Adopted:
RESOLUTION NO. 011-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO SIGN A
LEASE AGREEMENT WITH KELLEY IMAGING SYSTEMS
FOR CITY HALL COPIERS.
WHEREAS, Kelly Imaging Services would provide the most cost-effective
copiers for City Hall; and
WHEREAS, each copier provides the ability to copy and scan in either
black/white or color and provides the ability to quickly search a scanned document,
which will help staff when responding to public records requests, will improve customer
service, and assure Council receives color documents in their agenda packets; and
WHEREAS, color copiers will reduce the reliance on color printers and the high
costs associated with color printer cartridges; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON RESOLVES AS FOLLOWS:
THAT: the Mayor is authorized to sign lease agreement with Kelly Imaging
Systems for a Toshiba e-Studio 353o Digital Color copier for the Public
Works/Planning Department for 60-months at $510.33 per month; a Toshiba e-
Studio 552oC Digital Color copier for the Admin/Finance Department for 39-
months at $725 per month; and a Toshiba e-Studio 283oC Digital Color copier
for the Police Department for 39-months at $413 per month.
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 loth day of February 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4D
Subject: Adoption of Resolution No. oil-o9,
Authorizing the Mayor to Sign
Lease Agreement with Kelley Imaging
Systems for City Hall Copiers
Meeting Date: February 10, 2009
Prepared by: Patti Kirkpatrick, CMC
City Clerk
Atty Routing No: NA
Atty Review Date: NA
Summary: The City Hall copiers are up for renewal in March 2009. Currently, the City leases four
copiers from two different vendors through the State's contract. Pacific Automation provides the
large multifunctional copier in the Administration/Finance Departments and a copier to the Police
Department. Kelly Imaging Systems provides a copier for Municipal Court and the Planning/Public
Works Administration Departments. Three of the four copiers are up for renewal and the City
Clerk's staff has worked with each department to ensure their needs are met while remaining within
the 2009 budget.
The Clerk's office contacted several vendors from the State contractors list. Two vendors responded
and provided bids -- Pacific Office Automation and Kelly Imaging Systems. After careful review and
a week-long trial period of each of the vendor's machines, staff determined that Kelly Imaging
Systems would provide the most cost effective machine. The agreement includes an annual
maintenance agreement, which includes all services, parts, labor and supplies (including toner and
developer). A spreadsheet showing a comparison of the two vendors is included in your packet for
your review. Each machine provides the ability to copy and scan in either black/white or color and
provides the ability to search a scanned document more quickly, which will help staff when
responding to public records requests, improve customer service, and assure Council receives color
agenda packets. In addition, color copiers will reduce the reliance on color printers and the high costs
of color printer cartridges.
On February 4, 2009, the Finance Committee reviewed the three copier contracts and asked the
following questions to which Kelley Imaging Systems has supplied the following answers:
• Does the contract include toner for both color and black/white? Yes
• What is the purchase price for each of the copiers and what would be the City's responsibility
(warranty, toner, maintenance)? Price below includes sales tax:
Admin/Finance: Toshiba e-Studio 5520C $211000
Police: Toshiba e-Studio 2830C $11,900
PW/Planning Toshiba e-Studio 3530C $161000
If the City buys each machine outright, Kelley Imaging Services can provide a quarterly
maintenance agreement that would include black/white and color toner and other supplies as
follows:
- Admin/Finance: Quarterly cost would be $690 for 6o,000 images (black) overages @ .0115
Color billed @ .o625
- Police department: Quarterly cost would be: $435.00 for 30,000 images (black) overages @
.0145 Color billed @ .0750
- Public Works department: Quarterly cost would be $449.14 for 33,270 images (black) overages
@ .0135 Color billed @ .0725
Recommendation: Staff respectfully requests that the Council authorize the Mayor to sign a lease
agreement, including annual maintenance, with Kelley Imaging Systems for a Toshiba e-Studio 3530
Digital Color copier for the Public Works/Planning Department; a Toshiba e-Studio 5520C Digital
Color copier for the Admin/Finance Department; and a Toshiba e-Studio 2830C Digital Color
copier for the Police Department.
Motion for consideration: I move to adopt Resolution No. oil-o9, authorizing the Mayor to Sign
a lease agreement, including annual maintenance, with Kelley Imaging Systems for a Toshiba e-
Studio 3530 Digital Color copier for the Public Works/Planning Department for 60-months at
$510.33 per month; a Toshiba e-Studio 5520C Digital Color copier for the Admin/Finance
Department for 39-months at $725 per month; and a Toshiba e-Studio 2830C Digital Color copier
for the Police Department for 39-months at $413 per month.
Fiscal Impact: The spreadsheet showing the comparisons of costs and services provided is
included in the packet.
Alternatives: Not authorize the Mayor to sign the three copier lease agreements and provide
direction to staff.
Attachments: Resolution No. oil-o9
Public Works Maintenance Agreement, Lease Agreement, and comparison
spread sheet
Admin/Finance Maintenance Agreement, Lease Agreement, and comparison
spread sheet
Police Department Maintenance Agreement, Lease Agreement, and comparison
spread sheet
Email from Kelly Imaging Systems
2
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 012-09
City Clerk
City Clerk
City Clerk
February 10, 2009
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO SIGN THE ASSIGNMENT OF
CONTRACT BETWEEN ONE FOR ALL, INC.
AND KITSAP OUTDOOR, INC. FOR
LANDSCAPING SERVICES
WHEREAS, the owner of One for All, Inc provided notice to the City that the
business was being sold to John Austin of Kitsap Outdoor, Inc.; and
WHEREAS, the City Attorney drafted an Assignment of Contract for the two
parties to sign thereby allowing Kitsap Outdoor, Inc to complete the original contract
with the City for landscaping services; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: the Mayor is authorized to sign the Assignment of
Contract between One for All, Inc. and Kitsap Outdoor, Inc.
for landscaping services for the Etta Turner Memorial Park,
the flower beds behind the Library, the small waterfront
park, the Roundabout Park and 213-215 Prospect Street,
through April 9, 2009.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this loth day of February 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4E Meeting Date: February 10, 2009
Subject: Adoption of Resolution No. 012-09, Prepared by: Patti Kirkpatrick, CMC
Authorizing the Mayor to Sign the City Clerk
Assignment of Contract Between Atty Routing No: 233-o8
One for All, Inc and Kitsap Outdoor, Atty Review Date: December 16, 2oo8
Inc for Landscaping Services
Summarv: On April 9, 2oo8, the Council authorized the Mayor to enter into a contract with One
for All, Inc. to provide landscaping services for City parks and grounds. On November 22, 2oo8,
the City Clerk's office received notification from One for All, Inc. that the business was being
sold to Kitsap Outdoor, Inc. An Assignment of Contract was drafted and sent to the two parties
for signature on December 16, 2oo8. Due to the holidays and travel, the parties recently signed
and returned the Assignment of Contract and staff is presenting to Council for approval.
Recommendation: Staff recommends the Mayor sign the Assignment of Contract between One
for All, Inc. and Kitsap Outdoor, Inc. for landscaping services for the Etta Turner Memorial
Park, the flower beds behind the Library, the small waterfront park, the Roundabout Park and
213-215 Prospect Street. The current contract will expire in April 2009.
Motion for Consideration: I move to adopt Resolution No. 012-09, authorizing the Mayor to sign
the Assignment of Contract between One for All, Inc. and Kitsap Outdoor, Inc. for landscaping
services for the Etta Turner Memorial Park, the flower beds behind the Library, the small
waterfront park, the Roundabout Park and 213-215 Prospect Street, through April 9, 2009.
Fiscal Impact: There is no impact to the budget as Kitsap Outdoor, Inc. will assume the contract
at the agreed upon price.
Alternatives: Not approve the Assignment of Contract and rebid for landscaping services.
Attachments: Resolution No. 012-09
Assignment of Contract
Letter from One for All, Inc.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6A Meeting Date:
Subject: Public Hearing Regarding Ordinance Prepared by:
No. 003-09, Street Vacation of 4300
Block of Sidney Road SW Atty Routing No:
February 10, 2009
Patti Kirkpatrick, CMC
City Clerk
002-00
Atty Review Date: February 2, 2009
Summary: The City Clerk's office made an error in noticing the Public Hearing date. RCW
35.79.010, states: the Council shall by resolution fix a time when the petition for vacation will be
heard, which time shall not be more than sixty days nor less than twenty days after the date of
the passage of such resolution. Resolution No. oo6-o9, contains a scrivener's error in setting the
date for the Public Hearing, which should have been set for the February 24, 2009, Council
meeting.
Recommendation: Staff recommends the Mayor open the public hearing and continues this
matter to the February 24, 2009, Council meeting.
ATTACHMENT A: LEGAL DESCRIPTION
Kitsap Courrty Department of Public Works
614 Division Street (-S-26), Port Orchard, WF198366-4699 R,W. Casieel, RE, Director
Hi31@'€O�
MEMORANDUM
TO: Tracy Osbourne, Clerk
Kitsap County Boundary Review Board MS 35A
FROM: John D. James, PL'
SUBJECT: BRB File No. 09-08-0141
Proposed Annexation of Sedgwick and Bethel into the City of Port Orchard
DATE: January 27, 2009
After reviewing the descriptions submitted for the above referenced annexation, our comments
are as follows:
The description submitted December 30, 2008 is adequate. The last call of North 88°04'42"
West 992.03 feet to the point of beginning has an error. The 992.03 feet call should be 1322.71
feet. Since the description includes an overcall to the point of begins-ing, the description is still
adequate. We have included a revised description dated January 27, 2009 correcting the distance
call.
cc: Angie Silva
Kitsap County Special Projects MS 36
James Weaver
City of Port Orchard
The 01)sri Line 360-337-:5777 or 800-$35-9940 • r,AX 360-337-4867
---printed on recycled paper
ATTACHMENT A: LEGAL DESCRIPTION
January 27, 2009
Sedgwick/Bethel Annexation
Those portions of the Southwest Quarter of the Southwest Quarter of Section 1,
Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as
follows:
Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's file
No. 200801250070, records of Kitsap County;
AND the South 30 feet of said the Southwest Quarter of the Southwest Quarter; Except
the East 200 feet;
AND the North 10 feet of the South 40 feet of the West 100 feet of the East 300 feet of
said Southwest Quarter of the Southwest Quarter;
AND the North 20 feet of the South 50 feet of said Southwest Quarter of the Southwest
Quarter lying westerly of the easterly line of Lot B of Short Plat No. 6253 recorded under
Auditor's File No. 9305210259 and filed in Volume 9 of Short Plats, page 140, records of
Kitsap County;
AND those portions of the Southeast Quarter of Section 2, Township 23 North, Range 1
East, W.M., Kitsap County, Washington, described as follows:
The South Quarter of the Southeast Quarter of the Southeast Quarter of said Section 2;
EXCEPT that portion of said Southeast Quarter of the Southeast Quarter
described as follows:
Commencing at the southeast corner of said Section 2; thence North 1°42'48"
East along the east line thereof 30.00 feet to the POINT OF BEGINNING;
thence continuing North 1°42'48" East along said east line 300.00 feet to the
easterly extension of the north line of Lot B of Short Plat No. 5254 recorded
under Auditor's File No. 9005010055 and filed in Volume 4 of Short Plats, page
228, records of Kitsap County; thence North 88°56'52" West along said easterly
extension and along said north line 264.00 feet to the northwest conger of said Lot
B; thence South 1 °42'48" West along the west line thereof 140.00 feet to the
southwest corner of said Lot B; thence South 88°56'52" East along the south line
thereof 219.00 feet to the westerly right-of-way margin of Bethel Road SE per
Right -of -Way Deed recorded under Auditor's File No. 9510190071, records of
Kitsap County; thence South 1 °42'48" West along said westerly right-of-way
margin 90.63 feet to the beginning of a curve convex to the southeast having a
radius of 55 feet; thence continuing southwesterly along said right-of-way margin
and along said curve an are distance of 85.76 feet through a central angle of
89°20'20"; thence South 1 °4248" West parallel with the east line of said
Southeast Quarter of the Southeast Quarter 15.00 feet to the north line of the
South 30 feet of said Southeast Quarter of the Southeast Quarter; thence South
88°56'52" East along said north line 99.37 feet to the point of beginning;
ATTACHMENT A: LEGAL DESCRIPTION
AND that portion of the Southwest Quarter of the Southeast Quarter of said Section 2
described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter;
thence West 660 feet; thence North 345 feet-, thence East 660 feet; thence South 345 feet
to the point of beginning;
AND the South 345 feet of the Southwest Quarter of the Southwest Quarter of the
Southeast Quarter of said Section 2;
EXCEPT the South 30 feet;
ALSO EXCEPT that portion within the City of Port Orchard;
AND Lot B of Short Plat No. 3457 recorded under Auditor's File No. 8402290097,
records of Kitsap County;
AND the East 30 feet of the South 110 feet of the North Half of the Southwest Quarter of
the Southeast Quarter of the Southeast Quarter of said Section 2;
AND the West 30 feet of the South 110 feet of the North Half of the Southeast Quarter of
the Southeast Quarter of the Southeast Quarter of said Section 2;
AND Lots A and B of Short Plat No. 3907 recorded under Auditor's File No.
8506170095, records of Kitsap County; Except that portion deeded to Kitsap County by
Right -of -Way Deed recorded under Auditor's File No. 200710090051, records of Kitsap
County;
AND Resultant Parcel RP -A of Boundary Line Adjustment recorded under Auditor's File
No. 200405130368, records of Kitsap County;
AND Parcels A,B,C,D,E, and F of Binding Site Plan recorded under Auditor's File No.
200408250298 and filed in Volume 18 of Short Plats, pages 91 thru 94, records of Kitsap
County;
AND Resultant Parcel A of Boundary Line Adjustment recorded under Auditor's File
No. 950210202, records of Kitsap County;
AND Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's
File No. 200711160028, records of Kitsap County;
AND those portions of the Northeast Quarter of Section 11, Township 23 North, Range I
East, W.M., Kitsap County, Washington, described as follows:
The North Quarter of the Northeast Quarter of the Northeast Quarter of said Section 11;
AND the East 30 feet of the North 838 feet of said Northeast Quarter of the Northeast
Quarter lying south of the North Quarter of said Northeast Quarter of the Northeast
Quarter,
AND that portion of the Northwest Quarter of the Northeast Quarter of said Section 11.
described as follows:
Beginning at the northeast coiner of said Northwest Quarter of the Northeast Quarter;
thence South 325 feet; thence West 643.6 feet-, thence North 325 feet; thence East 643.5
feet to the point of beginning; Except the West 20 feet for road; Also Except the South
125 feet of the West 325 feet of the remainder;
AND that portion of the Northwest Quarter of Section 12, Township 23 North, Range I
East, W.M., Kitsap County, Washington, described as follows:
ATTACHMENT A: LEGAL DESCRIPTION
Beginning at the northwest comer of said Section 12; thence South 2'18'00" West along
said west line as delineated on Survey recorded under Auditor's File No. 3200203,
records of Kitsap County a distance of 838.00 feet; thence South 88°09'00" East 663.12
feet to the west line of the West Half of the East Half of the Northwest Quarter of the
Northwest Quarter; thence South 2°10'47" West along said west line 482.99 feet to the
southwest corner of said West Half; thence South 88°05' 15" East along the south line of
the Northwest Quarter of the Northwest Quarter 664.12 feet to the southeast corner of the
Northwest Quarter of the Northwest Quarter; thence North 2°03'33" East along said east
line 1320.03 feet to the northeast corner of said Northwest Quarter of the Northwest
Quarter; thence North 88°04'42" West along the north line of said Northwest Quarter of
the Northwest Quarter 1322.71 feet to the point of beginning;
EXCEPT the East 200 feet of the North 365 feet of the East Half of the East Half
of said Northwest Quarter of the Northwest Quarter.
Ordinance No. 004-09
ATTACHMENT A: LEGAL DESCRIPTION Page 1 of 6
January 27, 2009
Sedgwick/Bethel Annexation
Those portions of the Southwest Quarter of the Southwest Quarter of Section 1,
Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as
follows:
Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's File
No. 200801250070, records of Kitsap County;
AND the South 30 feet of said the Southwest Quarter of the Southwest Quarter; Except
the East 200 feet;
AND the North 10 feet of the South 40 feet of the West 100 feet of the East 300 feet of
said Southwest Quarter of the Southwest Quarter;
AND the North 20 feet of the South 50 feet of said Southwest Quarter of the Southwest
Quarter lying westerly of the easterly line of Lot B of Short Plat No. 6253 recorded under
Auditor's File No. 9305210259 and filed in Volume 9 of Short Plats, page 140, records of
Kitsap County;
AND those portions of the Southeast Quarter of Section 2, Township 23 North, Range 1
East, W.M., Kitsap County, Washington, described as follows:
The South Quarter of the Southeast Quarter of the Southeast Quarter of said Section 2;
EXCEPT that portion of said Southeast Quarter of the Southeast Quarter
described as follows:
Commencing at the southeast corner of said Section 2; thence North 1'4248"
East along the east line thereof 30.00 feet to the POINT OF BEGINNING;
thence continuing North 1'42'48" East along said east line 300.00 feet to the
easterly extension of the north line of Lot B of Short Plat No. 5254 recorded
under Auditor's File No. 9005010055 and filed in Volume 4 of Short Plats, page
228, records of Kitsap County; thence North 88056'52" West along said easterly
extension and along said north line 264.00 feet to the northwest conger of said Lot
B; thence South 1'42'48" West along the west line thereof 140.00 feet to the
southwest corner of said Lot B; thence South 88'5652" East along the south line
thereof 219.00 feet to the westerly right-of-way margin of Bethel Road SE per
Right -of -Way Deed recorded under Auditor's File No. 9510190071, records of
Kitsap County; thence South 1'42'48" West along said westerly right-of-way
margin 90.63 feet to the beginning of a curve convex to the southeast having a
radius of 55 feet; thence continuing southwesterly along said right-of-way margin
and along said curve an are distance of 85.76 feet through a central angle of
89'20'20"; thence South 1'4248" West parallel with the east line of said
Southeast Quarter of the Southeast Quarter 15.00 feet to the north line of the
South 30 feet of said Southeast Quarter of the Southeast Quarter; thence South
88'56'52" East along said north line 99.37 feet to the point of beginning;
Ordinance No. 004-09
ATTACHMENT A: LEGAL DESCRIPTION Page 2 of 6
AND that portion of the Southwest Quarter of the Southeast Quarter of said Section 2
described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter;
thence West 660 feet; thence North 345 feet; thence East 660 feet; thence South 345 feet
to the point of beginning;
AND the South 345 feet of the Southwest Quarter of the Southwest Quarter of the
Southeast Quarter of said Section 2;
EXCEPT the South 30 feet;
ALSO EXCEPT that portion within the City of Port Orchard;
AND Lot B of Short Plat No. 3457 recorded under Auditor's File No. 8402290097,
records of Kitsap County;
AND the East 30 feet of the South 110 feet of the North Half of the Southwest Quarter of
the Southeast Quarter of the Southeast Quarter of said Section 2;
AND the West 30 feet of the South 110 feet of the North Half of the Southeast Quarter of
the Southeast Quarter of the Southeast Quarter of said Section 2;
AND Lots A and B of Short Plat No. 3907 recorded under Auditor's File No.
8506170095, records of Kitsap County; Except that portion deeded to Kitsap County by
Right -of -Way Deed recorded under Auditor's File No. 200710090051, records of Kitsap
County;
AND Resultant Parcel RP -A of Boundary Line Adjustment recorded under Auditor's File
No. 200405130368, records of Kitsap County;
AND Parcels A,B,C,D,E, and F of Binding Site Plan recorded under Auditor's File No.
200408250298 and filed in Volume 18 of Short Plats, pages 91 thru 94, records of Kitsap
County;
AND Resultant Parcel A of Boundary Line Adjustment recorded under Auditor's File
No. 950210202, records of Kitsap County;
AND Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's
File No. 200711160028, records of Kitsap County;
AND those portions of the Northeast Quarter of Section 11, Township 23 North, Range 1
East, W.M., Kitsap County, Washington, described as follows:
The North Quarter of the Northeast Quarter of the Northeast Quarter of said Section 11;
AND the East 30 feet of the North 838 feet of said Northeast Quarter of the Northeast
Quarter lying south of the North Quarter of said Northeast Quarter of the Northeast
Quarter;
AND that portion of the Northwest Quarter of the Northeast Quarter of said Section 11
described as follows:
Beginning at the northeast corner of said Northwest Quarter of the Northeast Quarter;
thence South 325 feet; thence West 643.6 feet; thence North. 325 feet; thence East 643.5
feet to the point of beginning; Except the West 20 feet for road; Also Except the South
125 feet of the West 325 feet of the remainder;
AND that portion of the Northwest Quarter of Section 12, Township 23 North, Range 1
Bast, W.M., Kitsap County, Washington, described as follows:
Ordinance No. 004-09
ATTACHMENT A: LEGAL DESCRIPTION Page 3 of 6
Beginning at the northwest corner of said Section 12; thence South 2°18'00" West along
said west line as delineated on Survey recorded under Auditor's file No. 3200203,
records of Kitsap County a distance of 838.00 feet; thence South 88°09'00" East 663.12
feet to the west line of the West Half of the East Half of the Northwest Quarter of the
Northwest Quarter; thence South 2°10'47" West along said west line 482.99 feet to the
southwest corner of said West Half; thence South 88°05'15" East along the south line of
the Northwest Quarter of the Northwest Quarter 664.12 feet to the southeast corner of the
Northwest Quarter of the Northwest Quarter; thence North 2°03'33" East along said east
line 1320,03 feet to the northeast corner of said Northwest Quarter of the Northwest
Quarter; thence North 88°04'42" West along the north line of said Northwest Quarter of
the Northwest Quarter 1322.71 feet to the point of beginning;
EXCEPT the East 200 feet of the North 365 feet of the East Half of the East Half
of said Northwest Quarter of the Northwest Quarter.
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ATTACHMENT A: LEGAL DESCRIPTION
January 27, 2009
Sedgwick/Bethel Annexation
Those portions of the Southwest Quarter of the Southwest Quarter of Section 1,
Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as
follows:
Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's file
No. 200801250070, records of Kitsap County;
AND the South 30 feet of said the Southwest Quarter of the Southwest Quarter; Except
the East 200 feet;
AND the North 10 feet of the South 40 feet of the West 100 feet of the East 300 feet of
said Southwest Quarter of the Southwest Quarter;
AND the North 20 feet of the South 50 feet of said Southwest Quarter of the Southwest
Quarter lying westerly of the easterly line of Lot B of Short Plat No. 6253 recorded under
Auditor's File No. 9305210259 and filed in Volume 9 of Short Plats, page 140, records of
Kitsap County;
AND those portions of the Southeast Quarter of Section 2, Township 23 North, Range 1
East, W.M., Kitsap County, Washington, described as follows:
The South Quarter of the Southeast Quarter of the Southeast Quarter of said Section 2;
EXCEPT that portion of said Southeast Quarter of the Southeast Quarter
described as follows:
Commencing at the southeast corner of said Section 2; thence North 1°42'48"
East along the east line thereof 30.00 feet to the POINT OF BEGINNING;
thence continuing North 1°42'48" East along said east line 300.00 feet to the
easterly extension of the north line of Lot B of Short Plat No. 5254 recorded
under Auditor's File No. 9005010055 and filed in Volume 4 of Short Plats, page
228, records of Kitsap County; thence North 88°56'52" West along said easterly
extension and along said north line 264.00 feet to the northwest conger of said Lot
B; thence South 1 °42'48" West along the west line thereof 140.00 feet to the
southwest corner of said Lot B; thence South 88°56'52" East along the south line
thereof 219.00 feet to the westerly right-of-way margin of Bethel Road SE per
Right -of -Way Deed recorded under Auditor's File No. 9510190071, records of
Kitsap County; thence South 1 °42'48" West along said westerly right-of-way
margin 90.63 feet to the beginning of a curve convex to the southeast having a
radius of 55 feet; thence continuing southwesterly along said right-of-way margin
and along said curve an are distance of 85.76 feet through a central angle of
89°20'20"; thence South 1 °4248" West parallel with the east line of said
Southeast Quarter of the Southeast Quarter 15.00 feet to the north line of the
South 30 feet of said Southeast Quarter of the Southeast Quarter; thence South
88°56'52" East along said north line 99.37 feet to the point of beginning;
ATTACHMENT A: LEGAL DESCRIPTION
AND that portion of the Southwest Quarter of the Southeast Quarter of said Section 2
described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter;
thence West 660 feet; thence North 345 feet-, thence East 660 feet; thence South 345 feet
to the point of beginning;
AND the South 345 feet of the Southwest Quarter of the Southwest Quarter of the
Southeast Quarter of said Section 2;
EXCEPT the South 30 feet;
ALSO EXCEPT that portion within the City of Port Orchard;
AND Lot B of Short Plat No. 3457 recorded under Auditor's File No. 8402290097,
records of Kitsap County;
AND the East 30 feet of the South 110 feet of the North Half of the Southwest Quarter of
the Southeast Quarter of the Southeast Quarter of said Section 2;
AND the West 30 feet of the South 110 feet of the North Half of the Southeast Quarter of
the Southeast Quarter of the Southeast Quarter of said Section 2;
AND Lots A and B of Short Plat No. 3907 recorded under Auditor's File No.
8506170095, records of Kitsap County; Except that portion deeded to Kitsap County by
Right -of -Way Deed recorded under Auditor's File No. 200710090051, records of Kitsap
County;
AND Resultant Parcel RP -A of Boundary Line Adjustment recorded under Auditor's File
No. 200405130368, records of Kitsap County;
AND Parcels A,B,C,D,E, and F of Binding Site Plan recorded under Auditor's File No.
200408250298 and filed in Volume 18 of Short Plats, pages 91 thru 94, records of Kitsap
County;
AND Resultant Parcel A of Boundary Line Adjustment recorded under Auditor's File
No. 950210202, records of Kitsap County;
AND Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's
File No. 200711160028, records of Kitsap County;
AND those portions of the Northeast Quarter of Section 11, Township 23 North, Range I
East, W.M., Kitsap County, Washington, described as follows:
The North Quarter of the Northeast Quarter of the Northeast Quarter of said Section 11;
AND the East 30 feet of the North 838 feet of said Northeast Quarter of the Northeast
Quarter lying south of the North Quarter of said Northeast Quarter of the Northeast
Quarter,
AND that portion of the Northwest Quarter of the Northeast Quarter of said Section 11.
described as follows:
Beginning at the northeast coiner of said Northwest Quarter of the Northeast Quarter;
thence South 325 feet; thence West 643.6 feet-, thence North 325 feet; thence East 643.5
feet to the point of beginning; Except the West 20 feet for road; Also Except the South
125 feet of the West 325 feet of the remainder;
AND that portion of the Northwest Quarter of Section 12, Township 23 North, Range I
East, W.M., Kitsap County, Washington, described as follows:
ATTACHMENT A: LEGAL DESCRIPTION
Beginning at the northwest comer of said Section 12; thence South 2'18'00" West along
said west line as delineated on Survey recorded under Auditor's File No. 3200203,
records of Kitsap County a distance of 838.00 feet; thence South 88°09'00" East 663.12
feet to the west line of the West Half of the East Half of the Northwest Quarter of the
Northwest Quarter; thence South 2°10'47" West along said west line 482.99 feet to the
southwest corner of said West Half; thence South 88°05' 15" East along the south line of
the Northwest Quarter of the Northwest Quarter 664.12 feet to the southeast corner of the
Northwest Quarter of the Northwest Quarter; thence North 2°03'33" East along said east
line 1320.03 feet to the northeast corner of said Northwest Quarter of the Northwest
Quarter; thence North 88°04'42" West along the north line of said Northwest Quarter of
the Northwest Quarter 1322.71 feet to the point of beginning;
EXCEPT the East 200 feet of the North 365 feet of the East Half of the East Half
of said Northwest Quarter of the Northwest Quarter.
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 613 Meeting Date: February 10, 2009
Subject: Public Hearing Regarding Prepared by: James Weaver
Annexation of Sedgwick/ Bethel Development Director
Parcels Atty Routing No: 001-09
Atty Review Date: February 4, 2009
Summary: Twenty property owners, represented by Jim Miller, submitted a Petition for
Annexation on January 9, 2009, to annex thirty-nine parcels which total approximately 64 acres,
and the associated rights -of -way, located in the vicinity of the intersection of Sedgwick Road
and Bethel Road, in Sections 1, 2, 11, and 12 of Township 23N, Range 1E, W.M. (Tax Parcel
Nos. 012301-3-129-2007, 012301-3-128-20081 022301-4-006-20021 022301-4-035-20071
022301-4-037-2005, 022301-4-039-2003, 022301-4-040-2000, 022301-4-040-2109, 022301-4-
041-2009, 022301-4-042-2008, 022301-4-048-2002, 022301-4-055-2002, 022301-4-071-2002,
022301-4-074-20091 022301-4-087-20041 022301-4-088-20031 022301-4-089-20021 022301-4-
094-2005, 022301-4-108-2009, 022301-4-109-2008, 022301-4-110-2005, 022301-4-111-2004,
022301-4-112-20031 112301-1-018-2003, 112301-1-019-2002, 112301-2-053-20061 112301-2-
063-20041 112301-2-064-20031 122301-2-087-20061 122301-2-088-20051 122301-2-089-20041
122301-2-090-20011 122301-2-091-2000, 122301-2-092-2009, 112301-1-017-2004, 112301-1-
016-2005, 112301-1-015-2006, 112301-1-014-2007, 112301-1-013-2008, and 112301-2-093-
2008).
The parcels either contain existing Commercial uses, or the owners intend to extend additional
commercial uses on their parcels. This property was incorporated into the City's Urban Growth
Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December
2006 with a County Comprehensive designation of Urban High -Intensity Commercial/Mixed Use
and zoning of Highway Tourist/Commercial. One parcel, 022301-4-035-2007, has a County
Comprehensive Plan designation and zoning of Urban Low residential. The applicants are
requesting to be annexed with City comprehensive plan and zoning designations of Commercial
as interim zoning and land use pending 2009 Comprehensive Plan amendments.
The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City
Council at a regularly scheduled meeting held on October 14, 2008. The Council voted to accept
the Notice of Intent and directed the applicant to proceed with the Petition request. The
applicants submitted the formal Petition for Annexation from November 26, 2008 up to January
9, 2009.
A programmatic Determination of Non -Significance (DNS) was issued on January 9, 2009, with
the comment period ending February 2, 2009.
RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to
become effective upon annexation of any area which might reasonably be expected to be
annexed by the City at any future time. The December 9, 2008, adoption of the 2008 Port
Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land
use designations for areas inside the urban growth boundary but outside incorporated City limits
are determined by Kitsap County to be effective upon adoption as identified in Exhibit B.
Recommendation: Open the Public Hearing for Ordinance No. 004-09.
Fiscal Impact: None
Alternatives: Do not open the public hearing
Attachments: Legal Description
Maps
2
Introduced by:Development Director
Requested by: Development Director
Drafted by: Development Director
First Public Hearing: January 13, 2009
Second Public Hearing: February 10, 2009
Adopted:
ORDINANCE NO. 004-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL
PROPERTY TO THE CITY CONSISTING OF
APPROXIMATELY 64 ACRES IN THE VICINITY OF
SEDGWICK ROAD AND BETHEL ROAD, REQUIRING
THE ANNEXED PROPERTY TO BE ASSESSED AND
TAXED AT THE SAME RATE AND BASIS AS OTHER
PROPERTY WITHIN THE CITY, ESTABLISHING
COMPREHENSIVE PLAN AND ZONING
DESIGNATIONS FOR THE PROPERTY, AND
ESTABLISHING AN EFFECTIVE DATE OF THE
ANNEXATION
PROPERTY LOCATION: Those portions of the SW 1/4 of the
SW 1/4 of Section 1, the SE 1/4 of Section 2, the NE 1/4 of Section
11, and the NW 1/4 of Section 12, Township 23 North, Range 1
East, W.M., Kitsap County, Washington
ASSESSOR'S ACCOUNT NUMBERS: 012301-3-129-2007,
012301-3-128-2oo8, 022301-4-006-2002, 022301-4-035-
2007, 022301-4-037-2005, 022301-4-039-2003, 022301-4-
040-2000, 022301-4-040-2109, 022301-4-041-2009, 022301-
4-042-2oo8, 022301-4-048-2002, 022301-4-055-2002,
022301-4-071-2002, 022301-4-074-2009, 022301-4-087-
2004, 022301-4-088-2003, 022301-4-089-2002, 022301-4-
094-2005, 022301-4-108-2009, 022301-4-109-2oo8, 022301-
4-110-2005, 022301-4-111-2004, 022301-4-112-2003,112301-
1-018-2003, 112301-1-019-2002, 112301-2-053-2oo6, 112301-
2-063-2004, 112301-2-064-2003, 122301-2-087-2oo6,
122301-2-088-2005, 122301-2-089-2004,122301-2-090-2001,
122301-2-091-2000, 122301-2-092-2009, 112301-1-017-2004,
112301-1-016-2005, 112301-1-015-2oo6, 112301-1-014-2007,
112301-1-013-2oo8, and 112301-2-093-2oo8
Ordinance No. 004-09
Page 2 of 5
WHEREAS, on September 5, 20o8 the City Council received a notice of intent to
petition for annexation for 40 parcels consisting of approximately 64 acres located in the
vicinity of Sedgwick Road and Bethel Road, as legally described in Exhibit "A" attached
hereto and incorporated by this reference; and
WHEREAS, the initiating parties are the owners of real property with a value in
excess of ten percent (10%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on October 14, 2008, between the initiating parties
of this annexation and the Council of the City of Port Orchard, at which time the Council
accepted the notice of intention to commence annexation proceedings and authorized the
circulation of an annexation petition for annexation of the real property legally described
and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also
determined that it would require the simultaneous adoption of Comprehensive Plan and
zoning regulations, and the assumption of city indebtedness by the area to be annexed upon
annexation; and
WHEREAS, a petition to annex to the City of Port Orchard was circulated and on
January 9, 2009 was filed with the City, and was certified by the Kitsap County Assessor as
containing the signatures from owners of not less than seventy-five percent (75%) in value,
according to the assessed valuation, of the property for which annexation is petitioned; and
WHEREAS, in December 2006 Kitsap County added the property legally described
and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated
the parcels on the County Comprehensive Plan as Urban High -Intensity Commercial/Mixed
Use and zoning of Highway Tourist/Commercial, with the exception of parcel 022301-4-
071-2002 which has a Comprehensive Plan and zoning designation of Urban Low
Residential; and
WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and
zoning designations to become effective upon the annexation of any area which might
reasonably be expected to be annexed by the City at any future time; and
WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted
Ordinance No. 042-08 designating the proposed annexation area Commercial on the City's
Comprehensive Plan and Commercial — Retail/Office on the City's zoning map, with the
exception of parcel 022301-4-071-2002 which has a Comprehensive Plan designation of
Residential Low Density and a zoning designation of Residential 4.5 (R4.5), to become
effective upon annexation; and
WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to
adopt interim zoning controls for parcel 022301-4-071-2002 until such time as the
Ordinance No. 004-09
Page 3 of 5
Comprehensive Plan amendment process for 2009 is completed and that such interim
zoning for this parcel is justified because: the parcel will be served by adequate public
sewer, water supply, roads, and other needed public facilities; the parcel is adjacent to areas
of Urban High -Intensity Commercial/Mixed Use designations within the County; and the
interim zoning designation of Commercial — Retail/Office is consistent with the uses in the
surrounding area.
WHEREAS, the Port Orchard Planning Commission held a public meeting on
January 26, 2oo9 and adopted Resolution ool-09 recommending the proposed annexation
area be designated Commercial on the City's Comprehensive Plan and Commercial —
Retail/Office on the City's zoning map to become effective upon annexation; and
WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearings on
January 13, 2oo9 and February 10, 2009, which hearings were duly noticed through
publication in a newspaper of general circulation in the City and the proposed annexation
area, and through posting of a hearing notice in three public places within the territory
proposed for annexation, specifying the time and place of the hearing and inviting
interested persons to appear and voice approval or disapproval of the annexation; and
WHEREAS, the City Council has been fully advised and finds that all statutory
requirements have been satisfied in order to accomplish the proposed annexation and that
it is in the best interest of the City to approve the proposed annexation as presented and
require the assumption of all or any portion of City indebtedness by the area to be annexed;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. The unincorporated real property located in Kitsap County,
Washington, contiguous to the City of Port Orchard and legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated herein by this
reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County,
Washington.
SECTION 2. As provided in the annexation petition, all property within the
territory annexed shall be assessed and taxed at the same rate and on the same basis as
other property within the City of Port Orchard, including assessments or taxes in payment
of all or any portion of the outstanding indebtedness of the City contracted for, incurred
prior to, or existing on, the effective date of this annexation.
SECTION 3. As provided in Ordinance No. 042-08, all property within the
territory to be annexed, except parcel 022301-4-071-2002, is hereby designated
Commercial on the Comprehensive Plan Map and Commercial — Retail/Office on the City of
Ordinance No. 004-09
Page 4 of 5
Port Orchard Zoning Map.
SECTION 4. The Comprehensive Plan and Zoning designations for parcel 022301-
4-071-2002 shall be included in the City's annual Comprehensive Plan amendment process
for 2009 for review and designation as appropriate.
SECTION i. Based on the findings of fact set forth in the above recitals, the City
Council hereby determines that an emergency exists justifying the adoption of interim
zoning controls for parcel 022301-4-071-2002, as depicted on Exhibit "B" attached hereto
and incorporated by this reference. Pursuant to RCW 35.63.200, there is hereby adopted an
interim Comprehensive Plan designation of Commercial and an interim Zoning designation
of Commercial — Retail/Office. As long as the interim zoning controls are in effect, all land
use and development within parcel 022301-4-071-2002 shall be subject to the City's land
use and development regulations in effect for Commercial — Retail/Office zoning.
SECTION 6. The interim zoning controls shall take effect upon annexation to the
City unless the City has, prior to annexation, completed its annual Comprehensive Plan
amendment process for 2oo9 and established Comprehensive Plan and Zoning
Designations for parcel 022301-4-071-2002. The interim zoning controls shall expire six
months from the date of annexation as defined in Section 7 below, unless the interim
zoning controls are shortened or extended by action of the City Council or until the effective
date of any ordinance establishing new comprehensive land use designations for parcel
022301-4-071-2002, whichever is sooner.
SECTION 7. This annexation will become effective April 1, 2009 if the Kitsap
County Boundary Review Board's jurisdiction is not invoked. If Boundary Review Board
jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become
effective on the first day of the month immediately following the Boundary Review Board's
approval of the proposed annexation.
SECTION 8. Pursuant to RCW 35.13.270, following adoption of this ordinance, the
Planning Department shall provide notification, by certified mail, that includes a list of
annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at
least thirty (3o) days before the effective of the annexation. The Planning Department shall
also give such notice to the Fire District and Library District, as appropriate, simultaneously
when notice of the proposed annexation is provided to the Kitsap County Boundary Review
Board.
SECTION 9. Following adoption of this ordinance, the City Clerk is hereby
directed to file a certified copy of this Ordinance with the Kitsap County Board of
Commissioners. The Clerk is further directed to file a certificate of annexation with the
State Office of Financial Management as directed by RCW 35.13.26o.
Ordinance No. 004-09
Page 5 of 5
SECTION io. Following adoption of this annexation ordinance, the City shall file a
Notice of Intent to Annex with the Kitsap County Boundary Review Board pursuant to RCW
36.93.090.
SECTION ii. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION 12. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this loth day of February 2009.
ATTEST:
Patricia Kirkpatrick, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Rob Putaansuu, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7A Meeting Date: February 10, 2009
Subject: Adoption of Ordinance No. 004-09, Prepared by: James Weaver
Approving the Annexation Request Development Director
For the Sedgwick and Bethel Atty Routing No: oo1-o9
Parcels Atty Review Date: February 4, 2009
Summary: A public hearing was conducted earlier this evening regarding City Council Ordinance
No. 004-o9 regarding the annexation of thirty-nine parcels which total approximately 64 acres,
and the associated rights -of -way, located in the vicinity of the intersection of Sedgwick Road and
Bethel Road, in Sections 1, 2, 11, and 12 of Township 23N, Range 1E, W.M. (Tax Parcel Nos.
012301-3-129-2007, 012301-3-128-2008, 022301-4-006-2002, 022301-4-035-2007, 022301-4-
037-2005, 022301-4-039-2003, 022301-4-040-2000, 022301-4-040-2109, 022301-4-041-
2009, 022301-4-042-2008, 022301-4-048-2002, 022301-4-055-2002, 022301-4-071-2002,
022301-4-074-2009, 022301-4-087-2004, 022301-4-088-2003, 022301-4-089-2002, 022301-
4-094-2005, 022301-4-1o8-2009, 022301-4-109-2oo8, 022301-4-110-2005, 022301-4-111-
2004, 022301-4-112-2003, 112301-1-018-2003, 112301-1-019-2002, 112301-2-053-20o6,
112301-2-o63-2004, 112301-2-064-2003, 122301-2-087-2o06, 122301-2-o88-2005, 122301-2-
089-2004, 122301-2-090-2001, 122301-2-091-2000, 122301-2-092-2009, 112301-1-017-2004,
1123o1-1-o16-2005, 112301-1-015-2oo6, 112301-1-014-2007, 112301-1-013-2oo8, and 112301-2-
093-2oo8) at the request of Twenty property owners, represented by Jim Miller was heard
earlier in the meeting. With approval of this annexation, these properties will have a City of Port
Orchard Comprehensive Plan Designation of Commercial and a zoning designation of
Commercial Industrial/Office (Co).
Recommendation: Adopt Ordinance No. 004-09
Motion for consideration: I move to adopt Ordinance No. 004-09, approving the Sedgwick &
Bethel annexation request of thirty-nine parcels that total approximately 64 acres and the
associated public right-of-way.
Fiscal Impact: None
Alternatives: Take no action.
Attachments: Ordinance No. 004-09
CITY OF PORT ORCHARD
CONTRACT No. 015-09
This contract is made and entered into this 16th day of February 2009, by and
between the City of Port Orchard, Washington, a municipal corporation (the "City), and
Hemley's Septic Tank Cleaning, Inc. (the "Contractor").
WHEREAS, the City utilized the Small Works Roster;
WHEREAS, the Contractor has been deemed to be the lowest responsible
bidder; and
NOW, THEREFORE, the parties agree as follows:
1. The following documents are hereby made a part of this contract and are
mutually cooperative therewith. This contract and the following documents are
collectively referred to as the "Contract Documents:"
A. Bid proposal submitted by the Contractor (dated 1/17/2009)
B. City of Port Orchard's Insurance Requirements and
Public Works Project Terms and Conditions
2. The Contractor shall do all work and furnish all tools, materials, and
equipment in accordance with the above described Contract Documents. The
Contractor shall provide and bear the expense of all equipment, work, and labor of any
sort whatsoever that may be required for the transfer of materials and for constructing
and completing of the work provided for in these Contract Documents, except those
items mentioned therein to be furnished by the City.
3. Subject to additions and deductions by change order, the contract amount
of $25,348.05 (sales tax included) is for the septic tank pumping and maintenance of
117 single family residences at McCormick Woods as determined by the City. The
contract sum shall include all items and services necessary for the proper execution and
completion of the work. The City hereby promises and agrees with the Contractor to
employ, and does employ the Contractor to provide the materials and to do and cause
to be done the work described in the Contract Documents and to complete and finish
the same according to the plans and specifications and the terms and conditions herein
contained; and hereby contracts to pay for the same at the time and in the manner and
upon the conditions provided for in this contract.
4. The Contractor agrees to comply with all state and federal laws relating to
the employment of labor and wage rates to be paid. The Contractor agrees to furnish
insurance of the types and the amounts set forth in the Contract Documents.
5. The Contractor agrees to repair and replace all property of the City and all
property of others damaged by himself, his employees, and sub -contractors.
Page 2 of 7
McCormick Woods Septic Tank Maintenance
Contract No. 015-09
6. The Contractor for himself and for his heirs, executors, administrators,
successors, and assigns, does hereby agree to the full performance of all the covenants
herein upon the part of the Contractor.
7. It is further provided that no liability shall attach to the City of Port Orchard
by reason of entering into this Contract, except as expressly provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly
executed on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
Lary Coppola, Mayor
By:
Its:
ATTEST:
Patricia J. Kirkpatrick, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Page 3 of 7
McCormick Woods Septic Tank Maintenance
Contract No. 015-09
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items
of labor, material, equipment, tools, overhead and compensation, supplies, taxes,
utilities and other incidentals necessary to complete the work in a fully functional and
operational state. All prices including bid prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder"
means the apparent lowest and best bidder to whom an award is made, and
"Contractor" means the successful bidder who has satisfied the requirements for the
award and who receives a contract executed by the City. "Bidder" means the person,
firm or corporation that has made an offer in response to the invitation to bid.
3. LICENSING AND REGISTRATION: The Contractor must be licensed and registered
in the State of Washington.
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state
law. Bidders are warned to take into consideration statutory legal requirements,
particularly, the payment of prevailing wages and fringe benefits, payment and
performance bonds and sales tax implications in making their bids. It is the sole
responsibility of the bidder to insure that the appropriate labor classification(s) are
identified and that the applicable wage and benefit rates are taken into consideration
when preparing their bid according to these specifications. The Contractor shall
complete and file State of Washington, Department of Labor & Industries, Statement of
Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize
itself with their requirements. The Contractor shall also be responsible for and pay all
costs pertaining to the processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as
stipulated in the Attachment entitled "Insurance Requirements."
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid
documents will be by written addenda only.
7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder
hereby proposes to perform all work for this project in strict accordance with the contract
documents, at the prices bid and within the time set forth therein with the understanding
that time is of the essence in the performance of this contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax which is a
separate bid item. It shall be the bidder's responsibility to furnish Federal Excise Tax
Exemption Certificate, when applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension
error.
10. PERMITS AND FEES: The contractor shall furnish all permits, inspection fees, and
fees required in the performance of this contract, including those charged under RCW
39.12.070 by the Department of Labor and Industries works for the approval of
statements of intent to pay prevailing wages and the certification of affidavits of wages
paid, etc. The Department may also charge fees to persons or organizations requesting
the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all
fees resulting from these statutes.
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McCormick Woods Septic Tank Maintenance
Contract No. 015-09
11. CONTRACT: The Contract, when properly signed, will be the only form which will be
recognized by the City as an award. The executed contract supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the
entire agreement between the City and Contractor (parties), except as provided herein.
The Contractor shall not make any changes, alterations, or variations in the terms of the
contract without the written consent of the City. No terms stated by the Bidder in its
proposal shall be binding on the City unless accepted in writing by the City. The
successful bidder may not assign the Contract resulting from this invitation to bid
without the City's prior written consent. No waiver by the City of a breach of any
provision of the terms and conditions outlined in the invitation to bid shall constitute a
waiver of any other breach of such provision or of any other provisions.
12. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to
indemnify and defend the City against any loss, cost, liability or damage, including
reasonable attorney's fees, by reason of successful bidder's violation of this paragraph.
13. INDEMNIFICATION: All services to be rendered or performed under contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor expressly
agrees to indemnify and hold harmless the City and all its officers, agents, employees or
otherwise from any and all claims, including but not limited to reasonable attorney fees,
demands, losses and liabilities to or by third parties arising from, resulting from or
connected with the express or implied obligations of the Contractor, its agents or
employees under this contract to the fullest extent permitted by law. The Contractor's
duty to indemnify the City shall not apply to liability for damages arising out of bodily
injury to persons or damage to property caused by or resulting from the sole negligence
of the City, its agents or employees. The Contractor's duty to indemnify the City for
liability for damages arising out of bodily injury to persons or damage to property caused
by or resulting from the concurrent negligence of (a) the City, its agents or employees,
and (b) Contractor, its agents or employees shall apply only to the extent of negligence
of the Contractor or its agents or employees. Contractor's duty to defend, indemnify and
hold the City harmless shall include, as to all claims, demands, losses and liability to
which it applies, the City's personnel -related costs, reasonable attorney's fees, court
costs and all other claim -related expenses. The Contractor's indemnification shall
specifically include all claims for loss liability because of wrongful payments under the
Uniform Commercial Code, or other statutory or contractual liens or rights or third
parties, including taxes, accrued or accruing as a result of this contract or work
performed or materials furnished directly or indirectly because of this contract.
Contractor further agrees that this duty to indemnify City applies regardless of any
provisions in RCW Title 51 to the contrary, including but not limited to any immunity of
Contractor for liability for injuries to Contractor's workers and employees, and
Contractor hereby waives any such immunity for the purpose of this duty to indemnify
Owner.
14. TERMINATION: This Contract may be terminated in whole or in part, without
penalty, under the following conditions: 1) by mutual written agreement; 2) by the City
for breach by the Contractor of any of the obligations or requirements set forth in the
contract documents which would, at the option of the City, require the Contractor to
assume liability for any and all damages, including the excess of re -procuring similar
Page 5 of 7
McCormick Woods Septic Tank Maintenance
Contract No. 015-09
products or services; 3) for convenience of the City; or 4) by the City for non -
appropriation of funds.
15. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other
provisions contained herein, the City, without cause, may terminate the contract
between the parties by providing notice to the Contractor. Upon termination under this
section: 1) All remaining obligations of the parties are discharged, but any right based
upon breach or performance occurring prior to termination survives; 2) If the reasonable
costs of performance incurred by the Contractor prior to termination exceed the amount
paid by the City to the Contractor on the Contract Sum, the City shall reimburse the
Contractor in the amount of such excess; 3) If the amount paid by the City to the
Contractor on the Contract Sum exceeds the reasonable costs of performance incurred
by the Contractor prior to termination, the Contractor shall reimburse the City in the
amount of such excess; 4) Any funds obtained or retained by the Contractor as provided
in subsections 2) or 3), above, shall constitute full payment and consideration for the
services performed by the Contractor prior to termination.
16. COMPLIANCE WITH TERMS: The City may at any time insist upon strict
compliance with these terms and conditions, not withstanding any previous custom,
practice, or course of dealing to the contrary.
17. PAYMENT: Contractor shall maintain time and expense records and provide them
to the City along with monthly invoices in a format acceptable to the City for work
performed to the date of the invoice. All invoices shall be paid by the City within 45 days
of receipt of a proper invoice. If the services rendered to not meet the requirements of
the Contract, Contractor will correct or modify the work to comply with the contract. City
may withhold payment for such work until work meets the requirements of the Contract.
Page 6 of 7
McCormick Woods Septic Tank Maintenance
Contract No. 015-09
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
Contractor shall furnish and maintain all insurance as required herein (or by attachment)
and comply with all limits, terms and conditions stipulated therein (or by that
attachment), at their expense, for the duration of the contract. Any exclusions must be
pre- approved by the City. Work under this contract shall not commence until evidence
of all required insurance and bonding is provided to the City. The Contractor's insurer
shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in
the State of Washington. The insurance policy or policies will not be canceled,
materially changed or altered without forty five (45) days prior notice submitted to the
City. The policy shall provide and the certificate shall reflect that the insurance afforded
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the company's liability. The policy shall be endorsed and the
certificate shall reflect that the insurance afforded therein shall be primary insurance
and any insurance or self-insurance carried by the City shall be excess and not
contributory insurance to that provided by the contractor.
REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set
forth below, all coverage $1,000,000.00 per occurrence with no deductible.
GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General
Liability with limits of $1,000,000.00 per occurrence and at least $1,000,000.00 in the
annual aggregate, which includes general aggregate, products, completed operation,
personal injury, fire damage and medical expense.
ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that
the City of Port Orchard, it's officers, agents and employees, and any other entity
specifically required by the provisions of the Agreement will be specifically named
additional insured(s) for all coverage provided by this policy of insurance and shall be
fully and completely protected by this policy from all claims. Language such as the
following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND
EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT
NUMBER (insert project number here)."
PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have
Business Automobile Liability with limits of $1,000,000.00 combined single limit.
WORKERS COMPENSATION: If applicable, the Contractor shall show proof of
Worker's Compensation coverage by providing its State Industrial Account Identification
Number. Provision of this number will be the Contractor's assurance that coverage is in
effect.
PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the
Contractor allow any subcontractor to commence work on any subcontract until a
Page 7 of 7
McCormick Woods Septic Tank Maintenance
Contract No. 015-09
Certificate of Insurance, meeting the requirements set forth above, has been provided to
the City. Upon request, the Contractor shall forward to the City the original policy, or
endorsement obtained, to the Contractor's policy currently in force.
FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above
insurance requirements during the term or the contract shall be considered a material
breach of contract and cause for immediate termination of the contract at the City's
discretion. Alternatively the City may procure and maintain, at the Contractor's sole
expense, insurance to the extent deemed proper up to the amount of the required
coverage(s). The City may offset the cost of such insurance against payment due to the
Contractor under this contract.
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: February 10, 2009
Adopted:
RESOLUTION NO. 013-09
A RESOLUTION OF THE CITY OF PORT ORCHARD
AWARDING THE CONTRACT FOR THE
MCCORMICK WOODS ANNUAL SEPTIC TANK
MAINTENANCE PROGRAM
WHEREAS, the City called for proposals on January 6, 2009, under the Small
Works Roster inviting bids to provide septic tank pumping and servicing of selected
septic tanks at McCormick Woods; and
WHEREAS, three proposals were received by Hemley's Septic Tank Cleaning,
Inc, Northwest Cascade, Inc. and Kitsap Septic Pumping, Inc.; and
WHEREAS, City staff has determined that all three proposals were responsive;
now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD HERESY
RESOLVES AS FOLLOWS:
THAT: The contract for cleaning septic tanks at McCormick Woods via
the Annual Septic Tank Maintenance Program is awarded to the lowest
responsible bidder, Hemley's Septic Tank Cleaning, Inc., for the amount of
$216.65 per tank, making the total amount of the award for cleaning 117
selected tanks $25,348•05 (sales tax included).
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 loth day February 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 7B
Subject Adoption of Resolution No. 013-09,
Authorizing the Mayor to Execute the
McCormick Woods Annual Septic
Meeting Date: February 10, 2009
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No
Tank Maintenance Program Contract Atty Review Date:
NA
NA
Summary: On January 6, 2009, the Public Works Department selected and sent out Requests
for Proposal (RFP) to three (3) local contractors from the City's 2009 Small Works Roster for
the McCormick Woods Annual Septic Tank Maintenance Program, whereby 133 selected septic
tanks are to be pumped -out and serviced in 2009. All three (3) RFP's (tax included) were
received by the Public Works Department by 4:00 PM on January 20, 2oo9 as follows:
Hemley's Septic Tank Cleaning, Inc. $28,814.45 $216.65/tank
Northwest Cascade, Inc. $34,034.70 $255.9o/tank
Kitsap Septic Pumping, Inc. $35,387.31 $266.07/tank
Upon review of the bids received, Hemley's Septic Tank Cleaning, Inc. was determined by Staff
to be the lowest qualified bidder with a bid of $28,814.45 total cost for the pumping and
servicing of 133 selected septic tanks at McCormick Woods. Since the bids received exceeded
the 2oo9 budaet allowance. the scone of work was scaled back to 117 tanks onlu. All three (q )
contractors were contacted and confirmed bu phone that their respective price auote tier tank
did not change given the scope reduction.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute the
McCormick Woods Annual Septic Tank Maintenance Contract with Hemley's Septic Tank
Cleaning, Inc. in the amount of $25,348.05 for 117 selected tanks with the contract term
beginning February 16, 2oo9 and ending February 15, 2010.
Motion for consideration: I move to authorize the Mayor to execute the McCormick Woods
Annual Septic Tank Maintenance Contract with Hemley's Septic Tank Cleaning, Inc. in the
amount of $25,354.05 for 117 selected tanks with the contract term beginning February 16,
2oo9 and ending February 15, 2010.
Fiscal Impact: There are funds of $25,500.00 allocated for 2009.
Attachments: Resolution No. 013-09
Draft Contract
Septic Tank Maintenance RFP
Hemley's Septic Tank Cleaning, Inc. Proposal
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7C Meeting Date: February 10, 2009
Subject: Approval for Public Works Director Prepared by: Mark Dorsey, P.E.
to Purchase Snow Plow Public Works Director
Atty Routing No: NA
Atty Review Date: NA
Summary: On January 13, 2009, the Port Orchard City Council authorized by motion the
purchase of a new replacement truck/bed and snow plow (Business Item #71)). The Purchase
Order for the truck and dump bed has been issued and is within the not to exceed budget
established. The final cost quote for the snow plow (American Snow Plows Model #391o) has
exceeded the previously established not to exceed budget by $418.18.
Recommendation: The Public Works Director requests approval from Council to proceed with
the purchase of the snow plow by revising the previously approved not to exceed budget of
$13,500.00 to $13,920.00.
Motion for Consideration: I move to approve the Public Works Director to proceed with the
purchase of the snow plow by revising the previously approved not to exceed budget of
$13,500.00 to $13,920.00.
Fiscal Impact: Cumulative Reserve Equipment Replacement Fund Snow Plow not to exceed
$13,920.00. Note: Budget amendment documents will be provided to Council in near future
Attachments: Estimate
City of PortOrchard
Council
Work Study Session of January 20, 2009
7:oo P.M. CALL TO ORDER AND ROLL CALL
PRESENT: Lary Coppola, Mayor
Councilmembers: Mayor Pro-Tem Powers, Clauson, Chang, Childs,
Colebank, Olin, and Putaansuu
ALSO PRESENT: City Treasurer Tompkins, Chief Townsend, Public Works Director
Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson,
and City Attorney Jacoby.
Update: McCormick Woods
Development Director Weaver met with the Kitsap County Assessor to discuss the
certification process and resolve any potential signature and data tabulation issues. Staff
has begun scanning petitions and collecting information from the County Auditor to
confirm each signature from the approximately 350 petitions collected. The total
valuation collected for the annexation area has been tabulated at $331,405,86o. The
commitment for urban service of sewer and water would be provided with the
requirement that an annexation no -protest agreement be issued and signed at the time
of sewer extension. To date, the sewer extension and signed no -protest agreements only
include the Ridge development. The valuation of all parcels with signed no -protest
agreements is 6.68 % of the total valuation.
Dick Davis, McCormick Woods Annexation Committee provided a brief presentation on
their petition drive, noting Kitsap County Assessor's office provided them with a
spreadsheet of all owners, addresses, and property valuations. This has allowed the
Committee to keep track of who has signed the petition and who has not. At this point
the main concern is the property owned by developers. They have asked the City to help
in obtaining the signatures of the remaining developers and help clear up some
miscellaneous parcels to verify if they are already annexed and/or who are the actual
property owners.
Update: Tremont Widening
Public Works Director Dorsey met with Department of Transportation which was
productive and may have an opportunity for funding in 2oii. He has scheduled another
meeting with Berger Abam to discuss their proposal and reduction of the original
estimate.
January 20, 2009, Work Study Session Minutes
Page 2 of 3
Update: Hi -Joy Lease
The Council discussed the owners of Hi -Joy Bowl's proposal to purchase a portion of the
City's right-of-way fronting the Bethel roundabout. Council directed staff to determine
the costs to have a certified engineer draw plans for expanding the roundabout to two
lanes. This would show what portion of the right-of-way the City needs to retain for
future expansion and what portion could be sold to the Myers family. Further, the City
Attorney would continue discussions with the Myers' attorney, Gary Chrey, to settle the
easement issue in order to obtain funds from FEMA.
Discussion: South Kitsap Skate Park Endorsement Letter
Councilmember Colebank asked the Council to endorse a resolution supporting a grant
opportunity for the South Kitsap Skate Park Association. Council directed staff to
provide a supporting resolution for the January 27, 2009, Council meeting agenda.
Discussion: Tourism Banners and Signs
Councilmember Childs reported the Tourism Committee is looking into purchasing
banners to announce various community events and directional signs to help navigate
around the City. He announced there would be a South Kitsap Helpline fundraiser at Hi -
Joy Bowl and encouraged the Council and staff's participation.
Planning Department Docket for 2009
Development Director Weaver provided a brief report on the Planning Department's
2008 accomplishments and their 2009 goals as follows:
• Update the Land Use Regulatory Code
• Review and update Department's fee structure
• Bethel Corridor annexation and review/update Bethel Corridor Plan
• Prepare Sidney/Pottery Corridor Sub-Area/Master Plan
• Prepare and adopt Capitol Facilities Plans
• Update Port Orchard Shoreline Management Plan
• Manage and secure Port Orchard Town Center Revitalization: phase 1 funding
• Prepare and adopt the 2009 Port Orchard Comprehensive Plan updates
• Process multiple annexations
• Pursue grant and funding applications
Master Plan for Road District
Councilmember Chang voiced concern that staff is unable to enforce what rules are in
place and wanted to amend short plats to include sidewalks and allow short plats to be
contiguous. Council directed the Planning Director to amend the short plat ordinance to
allow for contiguous short plats. Additional discussion, if any, would take place during
impact fees at the February 17, 2009, Work Study Session.
January 20, 2009, Work Study Session Minutes
Page 3 of 3
Discussion: Mitchell Avenue Property
Mayor Coppola discussed an option to purchase the Mitchell property back from Kitsap
County Consolidated Housing Authority as a means to supply storage for the Public
Works Department provided the City can monitor the Brownsfield grant. Council
directed staff to look into possibly obtaining the grant to clean up the property and bring
back to the Council at a future Work Study Session.
Discussion: Ci , Fees
The Planning and Public Works Departments provided a proposed fee increase, which
were based on current work and looking at surrounding jurisdictional fees.
Transportation Policy Committee
Councilmember Powers voiced concern with how to vote on various issues facing Puget
Sound Regional Council later this week and asked the Council for direction, noting she
would also be voting for Poulsbo and Bainbridge Island. The Council encouraged her to
vote "no" on the proposed ferry alternatives.
Next Work Study Session- Tuesday, February2, 2009
At 9:53 p.m. the meeting was adjourned.
Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor
City of Port Orchard
Council Meeting Minutes
Regular Meeting of January 27, 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: Police Chief Townsend, Commander Marti, Public Works Director
Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson,
and City Attorney Jacoby.
PLEDGE OF ALLEGIANCE
Fran Olin led the audience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
Gil Michael, 228 Seattle Avenue, voiced his congratulations to Bek Ashby who was
appointed as the new Planning Commission Chair.
Mary Peterson, 11161 SE Bear Rd, voiced concerns with the City's lack of notifying the
stakeholders regarding parking garage design and construction. In response to Ms.
Peterson, Councilmember Olin explained that a building assessment on the Sidney Museum
had not been completed rather he received the information on the structural soundness of
the Museum building from a member of the Historical Society.
Gerry Harmon, 906 Kitsap Street, voiced concern that the Council will not seek input from
the citizens as they move forward with the parking garage proposal.
APPROVAL OF AGENDA
Councilmember Clauson moved and Councilmember Putaansuu seconded the
motion to add the potential sale of excess right-of-way at the Bethel round-
about. Upon vote, the motion passed unanimously.
Councilmember Putaansuu moved and Councilmember Clauson seconded the
motion to amend the agenda to add a discussion item regarding the School
District retention pond in McCormick Woods under business items. Upon
vote, the motion to amend passed unanimously.
Councilmember Olin moved and Councilmember Colebank seconded the
motion to approve the Agenda as amended. Upon vote, the motion passed
unanimously.
Minutes of January 27, 2009
Page 2 of 8
APPROVAL OF CONSENT AGENDA
Councilmember Putaansuu moved and Councilmember Colebank seconded
the motion to approve the Consent Agenda. Upon vote, the motion passed
unanimously.
A. Approval of Claim Warrant #51078 through #51150 in the amount of $515,988.34.
B. Approval of the January 13, 2009, Council Meeting Minutes
C. Adoption of Resolution No. 003-09, Establishing Certain Employee Benefits for a
Non Union Representative Full -Time Mayor Classified as FLSA Exempt
D. Adoption of Resolution No. 004-09, Ratification by Council for Mayor to Sign
Leachate Disposal Agreement with Waste Management of Washington, Inc.
E. Adoption of Resolution No. 005-09, Supporting Grant Funding Efforts of South
Kitsap Skate Park Association
PUBLIC HEARINGS
Public Hearing Regarding Annexation Request of the Reynolds Property
City Development Director Weaver presented the staff report, noting that the property
owner Martin Reynolds submitted a Petition for Annexation on June 27, 2oo8, to annex a
parcel totaling 4.16 acres, located at the east end of 4th Street, North of Veterans' Memorial
Park. This property was incorporated into the City's Urban Growth Area by Kitsap County
as part of the 10-year update of their Comprehensive Plan in December 2006 with a Kitsap
County Comprehensive Plan designation and zoning of Urban Low -Density Residential
(UL). In UL, residential units are allowed up to nine dwelling units per acre. The applicant
is requesting to be annexed with City Comprehensive Plan designation of Medium Density
Residential and zoning of Residential 12 (R12).
Mayor Coppola opened the Public Hearing and there being no testimony, closed the Public
Hearing at 7:20 P.M.
Public Hearing Regarding Annexation of Washburn, Grant, Crother Property
City Development Director Weaver presented the staff report, noting that the property
owners Mark and Terri Washburn, Jeffery and Catherine Grant, and Christie Moon Crother
Trust submitted a Petition for Annexation on November 20, 2oo8, to annex four parcels
totaling 11.25 acres, located on the west side of Glenwood Road SW, approximately 1500
feet southwest of the intersection of Glenwood Road SW and Sedgwick Road SW. The four
parcels lie directly south and adjacent to an area with City Comprehensive Plan designation
of Commercial and zoning of Mixed -Use.
At 7:26 p.m. Mayor Coppola opened the Public Hearing.
Patti Wilson, 6303 Glenwood Road, voiced opposition to the proposed annexation as her
property is directly across the street, noting she moved into the Country to be a County
resident not a City resident.
There being no further testimony, Mayor Coppola closed the Public Hearing at 7:36 p.m.
Minutes of January 27, 2009
Page 3 of 8
PRESENTATION
Employee of the Quarter
Mayor Coppola congratulated the Public Works Crew on being nominated as Employees of
the Fourth Quarter, noting that on December 18, 2oo8 the Puget Sound Region and the
City of Port Orchard first saw the initial snowflakes of what would ultimately become one of
the heaviest snowfalls in our history. And with those initial flakes, the City of Port Orchard
Public Work Department Shop began 10 consecutive days of "around -the -clock" work that
did not cease operations until December 27, 2oo8. The Shop Crews split into two 12-hour
shifts during that time period and kept the City streets plowed and sanded night and day,
including weekends and holidays, regardless of plans previously made with family
members. Even when one of the City's two snow plow/sanding trucks seized due to heavy
use, the Crews simply continued on clearing the streets by utilizing backhoes where
practicable. The City's streets were considered by many as some of the most passable
streets in the County. The Public Works Shop Crew truly deserves recognition as the City's
"Team of the 4th Quarter" and are the unsung heroes of the 2oo8/2009 Winter
Storm."
NEW BUSINESS
Adoption of Ordinance No. o4o-o8, Approving the Seabeck Pizza Rezone
City Development Director Weaver presented the staff report, noting that a Public Hearing
was conducted at the December 30, 2oo8, Council meeting and continued to the January
13, 2009, meeting for further discussion relating to the requested rezone of the subject
property from Employment-Industrial/Office (EO) zone to Commercial-Retail/Office. The
rezone would bring the property into compliance with its Comprehensive Plan designation
and make it more compatible with neighboring zoning. The Planning Commission held a
hearing on November 17, 2oo8, and recommended approval of the rezone, while approving
a variance from the City's Critical Areas Ordinance, with conditions as set forth in Planning
Commission Resolution No. olo-o8. Staff recommends approving the rezone as
conditioned
City Attorney Jacoby reported on his egress/ingress discussions with the applicant, noting
some progress has been made but the process will be time consuming as the legal issues are
dealt with at Lowe's corporate offices.
After a brief discussion, Councilmembers voiced objections to allowing another right -turn
entrance/exit onto Sedgwick; and that by approving the rezone request, the property owner
was still under the obligations of the conditions as set forth in the Planning Commission
Resolution No. olo-o8, despite no substantial progress being made between the parties
regarding egress/ingress from Lowe's parking lot.
Councilmember Powers moved and Councilmember Colebank seconded the
motion to adopt Ordinance No. 049-08, affirming the Planning Commission's
recommendation to approve the rezone of parcel 112301-2-047-2oo6 from
Minutes of January 27, 2009
Page 4 of 8
Employment (EO) to Commercial (CO) zoning. Upon vote, the motion passed
with five affirmative votes and two dissenting votes. Councilmembers Chang
and Olin cast the dissenting votes.
Adoption of Ordinance No. 002-00, Approving the Annexation Request for the
Reynolds Property
Development Director Weaver presented the staff report, noting that the Public Hearing for
approval of City Council Ordinance No. 002-09, for the annexation of a single parcel which
totals approximately 4.16 acres and the associated right-of-ways at the request of Martin
Reynolds was heard earlier in the meeting. The parcel is located in at the terminus of East
4th Street the vicinity of Retsil Road SE and the Retsil Veterans Cemetery, in the SW 1/4 of
the NE 1/4 of Sec. 25, T24N, RiE, W.M. The property has a Kitsap County Comprehensive
Plan designation of Urban Low Density Residential and a Kitsap County Zoning
Designation of Urban Low. With approval of this annexation, these properties will have a
City of Port Orchard Comprehensive Plan Designation of Medium Density Residential and
a zoning designation of Residential, 12 units per acre (R-12). Staff recommends adopting
Ordinance No. 002-09.
Councilmember Putaansuu moved and Councilmember Clauson seconded the
motion to adopt Ordinance No. 002-09, approving the Martin Reynolds'
petition for annexation of a single parcel that totals approximately 4A6 acres
and the associated right-of-ways. Upon vote, the motion passed unanimously.
Adoption of Resolution No. oo6-oq, Setting the Date and Time of Hearing for
Street Vacation in City Right -of -Way in the 4goo Block of Sidney Road S.W.
City Clerk Kirkpatrick presented the staff report, noting the applicant submitted a request
to vacate a portion of City right-of-way in the 43oo Block of Sidney Road S.W. RCW 25.79
states that the City needs to adopt a resolution setting the date and time of a Public Hearing
to vacate the City's right-of-way. The City Engineer and Public Property Committee have
reviewed the request submitted by Mist Ventures and recommend review by the full
Council. Upon adoption of the resolution, staff will post proper notice of the date and time
of the hearing and provide notice to adjacent property owners. Staff recommends the
Council adopt Resolution No. oo6-o9, setting the date and time of Hearing for the street
vacation in City right-of-way in the 43oo Block of Sidney Road S.W. to be held at the
February 10, 2oo9, regular meeting and to post proper notice of the Hearing.
Councilmember Clauson moved and Councilmember Olin seconded the
motion to adopt Resolution No. oo6-o9, setting the Public Hearing for
February 10, 2009, to occur during the regular Council meeting, on a petition
to vacate a portion of City right-of-way in the 43oo Block of Sidney Road S.W.,
as submitted by Mist Ventures. Upon vote, the motion passed unanimously.
Minutes of January 27, 2009
Pages of 8
Adoption of Resolution No. 007-09, Authorizing the Mayor to Sign Change
Order No. 2, with Art Anderson for Feasibility and Conceptual Design for
Town Center Project and Parking Garage for Final Report
Public Works Director Dorsey presented the staff report, noting that on November 12,
2oo8, the City Council authorized the Mayor to sign a contract with Art Anderson
Associates, Inc. (pursuant to Resolution 048-08) in an amount not to exceed $15,000. On
November 25, 2008, the City Council authorized the Mayor to sign Change Order No. 1
with Art Anderson & Associates, Inc. (pursuant to Resolution No. 007-08) in an amount
not to exceed $15,000.00. The initial contract completion date was predicated upon a
funding source deadline that did not come to fruition. Therefore, Change Order No. 2 with
Art Anderson Associates, Inc. is for additional contract time only and will provide a 1-year
extension to December 31, 2009. Staff recommends authorization for the Mayor to sign
Change Order No. 2 to the contract with Art Anderson Associates, Inc. for a 1-year contract
extension to December 31, 2009.
Councilmember Clauson moved and Councilmember Colebank seconded the
motion to authorize the Mayor to sign Change Order No. 2 with Art Anderson
Associates, Inc. for a i-year contract extension to December 31, 2009. Upon
vote, the motion passed unanimously.
Adoption of Resolution No. oo8-oq, Authorizing the Mayor to Sign Change
Order No. 1, with HWA GeoScience, Inc. for Soils Investigations/Pre-Design
for Town Center Project and Parking Garage
Public Works Director Dorsey presented the staff report, noting that on November 12,
2oo8, the City Council authorized the Mayor to sign a contract with HWA GeoSciences, Inc.
(pursuant to Resolution oo8-08) in an amount not to exceed $15,000. The initial contract
completion date was predicated upon a funding source deadline that did not come to
fruition. Therefore, Change Order No. 1 with HWA GeoSciences, Inc. is for additional
contract time only and will provide a 3-month extension to March 31, 2009. Staff
recommends authorization for the Mayor to sign Change Order No. 1 to the contract with
HWA GeoSciences, Inc. for a 3-month contract extension to March 31, 2009.
Councilmember Childs moved and Councilmember Powers seconded the
motion to authorize the Mayor to sign Change Order No. 1 with HWA
GeoSciences, Inc. for a 3-month contract extension to March 31, 2009. Upon
vote, the motion passed unanimously.
Adoption of Resolution No. 009-09, Authorizing the Mayor to Sign Contract
with Pacific Northwest National Laboratory for Department of Homeland
Security Domestic Nuclear Detection Training
Police Chief Townsend presented the staff report, noting that this request is to enter into
two contracts with the Department of Homeland Security, arranged through Pacific
Northwest National Laboratory. The first is a fixed price contract, for training already
Minutes of January 27, 2009
Page 6 of 8
completed, and is a cost reimbursement to the City of Port Orchard for its total costs
related to sending Port Orchard police officers through their sponsored training. The
second contract is for reimbursement of future costs that the City of Port Orchard incurs
relating to the continued training or other associated costs relating to domestic nuclear
detection training. Staff recommends authorizing the Mayor to sign the contacts with
Pacific Northwest National Laboratory.
Councilmember Colebank moved and Councilmember Childs seconded the
motion to authorize the Mayor to sign reimbursement, and fixed price
contracts with Pacific Northwest National Laboratory. Upon vote, the motion
passed unanimously.
Adoption of Resolution No. oio-o4, Supporting the 2009-2012 South Kitsap
School Lew Ballot
City Clerk Kirkpatrick presented the staff report, noting that on January 13, 2009, the
Council voiced support of the proposed 2009 South Kitsap School Levy Ballot Measure and
requested staff to prepare a resolution reflecting that action. City Attorney Jacoby advised
there were no noticing requirements and recommended the Mayor adjourn into Public
Hearing to solicit public comments and then reconvene the meeting for Council action.
At 8:09 p.m. Mayor Coppola opened the Public Hearing.
Gil Michael, 228 Seattle Avenue, voiced concern that the public did not receive adequate
notice of this item and encouraged the Council to ensure that in the future staff publish
sufficient notice of its intent to take testimony on levies, which will allow both sides time to
comment on the issue and will assist the Council in making an informed decision.
There being no further testimony, Mayor Coppola closed the Public Hearing at 8:11 p.m.
The Council directed staff to ensure future levy matters are sufficiently noticed in the paper
to allow for public comment prior to the Council taking action.
Councilmember Olin moved and Councilmember Putaansuu seconded the
motion to adopt Resolution No. oio-o9, supporting the 2009 South Kitsap
School Levy Ballot scheduled for voter action on February 3, 2009. Upon vote,
the motion passed unanimously.
Discussion: Sale of Right -of -Way
The Council discussed the owners of Hi -Joy Bowl's proposal to purchase a portion of the
City's right-of-way fronting the Bethel roundabout. Council directed staff to determine the
costs to have a certified engineer draw plans for expanding the roundabout to two lanes.
This would show what portion of the right-of-way the City needs to retain for future
expansion and what portion could be sold to the Myers family. Further, the City Attorney
Minutes of January 27, 2009
Page 7 of 8
would continue discussions with the Myers' attorney, Gary Chrey, to settle the easement
issue.
Councilmember Clauson moved and Councilmember Putaansuu seconded the
motion to obtain an engineer's drawing of two lanes at Bethel Roundabout, to
determine if a portion of that right-of-way can be disposed of; and to seek
reimbursement for the engineer's drawing as part of the sales price for unused
portion of right-of-way that the City no longer has a need for. Upon vote, the
motion passed with six affirmative votes and one dissenting vote.
Councilmember Chang cast the dissenting vote.
Discussion: School District Retention Pond in McCormick Woods
Councilmember Putaansuu explained that in order for the South Kitsap School District to
sign the McCormick Woods Annexation Petition, they are requesting an agreement with the
City stating the South Kitsap School District would be exempt from the stormwater fees,
similar to the agreement currently in force with the County. After a brief discussion, the
Council determined this matter would be further discussed at the next work study session.
CITIZENS COMMENTS
Gerry Harmon, 906 Kitsap Street, voiced concern that the Council has not been transparent
in allowing its citizens a voice regarding the parking garage.
Mary Peterson, 11161 SE Bear Rd, encouraged the Council to be more transparent in
seeking public input on issues affecting property owners, specifically the parking garage.
COMMITTEE REPORTS
Councilmember Putaansuu announced the Utility Committee will meet on Thursday,
January 29, 2009, at 7:3o a.m. at Myhre's Restaurant.
Councilmember Childs announced there would be a South Kitsap Helpline fundraiser at Hi -
Joy Bowl on February 7, 2009, and encouraged the Council and staff s participation, as this
would help support the community.
Councilmember Powers provided an update on the Puget Sound Regional Council (PSRC)
on the Transportation issue and that the Board voted to send it forward to the next level;
however, she did not vote on the matter as Poulsbo and Bainbridge Island did not provide
her with their position prior to the meeting.
MAYOR'S REPORT
Mayor Coppola was in Olympia this week testifying on tourism and the ferry issues. He will
meet with the Farmers Market Board Members regarding ways to expand the market into a
year-round venue in the downtown area.
Minutes of January 27, 2009
Page 8 of 8
REPORT OF DEPARTMENT HEADS
Public Works Director Dorsey provided an update on the Seawall project, noting the Kitsap
Regional Coordinating Council will be voting on whether to transfer the funds from the Port
Orchard Blvd sidewalk project to the Seawall project; reminded the Council that Berger
Abam will be presenting to the Council at the February 17, 2009, Work Study Session; and
that the Stormwater Utility Management Plan is almost complete.
City Clerk Kirkpatrick reported the Branding Committee sent out a Positioning Statement
and encouraged the Council to contact her with any comments; and that the Shop South
Kitsap First Committee will be kicking off their program in May during the Seagull Calling
Festival. After a brief discussion, the Council remanded this issue to the Tourism
Committee for follow up and discussion.
ADJOURNMENT
At 9:55 p.m. Mayor Coppola adjourned the meeting.
Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor
ANY!
i RIIYI s
- e11L14Z; r
PROCLAMATION
WHEREAS, Art Mikelsen served with the Army's loth Mountain
Division, a Ski Troop based in Italy, and has received three purple hearts, three Bronze
Stars, one for valor retired from the U.S. Naval Shipyard after 38 years; and
WHEREAS, Art realized in 1950 that there were few youth baseball
options other than American Legion and thus began his 54 year investment with the
Little League; and
WHEREAS, Art has volunteered many thankless hours promoting youth
programs throughout Washington;
WHEREAS, Art has been a strong community leader as the Little
League's Washington District 2 Administrator and in the South Kitsap area making him
the longest tenured district administrator in the program's history; and
NOW THEREFORE, BE IT RESOLVED, that I, Lary Coppola, Mayor of
Port Orchard do hereby proclaim Saturday, February 14, 2009:
ART MIKELSEN DAY
and I call upon all citizens of the City of Port Orchard to observe this day with
appropriate recognition thereof.
Signed this loth day of February 2009
Lary Coppola, Mayor