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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. N N O O 4-0 O m U) W N N N Cn Z Z O M � N O p 2- j U � CO U) N N 0 O O Cn Z 'ail �Ill�i= a€��i-���_���i�, i �: �yy..JJ.II: e: ��11 1■■ ° Cii1 � ,�, ,,� '.. �_ �1 dr•..Iliittl 1� �'�I�lii��� 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. o -------------- 7ON31 I 00v 7d IN TO � vi VON —11V POO 9r0 fro tro lie no cc gio JSN�009 900 pro z90 890 ---- — — ------- — - — - ------------ 3S S'Ney o 6to o Uo c"I01 4__ I i ¢ i _ �M o 0 Hill - ----- -------------------------- :2 j INN ---------- l -1 - it I.. - - l. -- - lu,ij fi—fis, Or now= 'ail �Ill�i= a€��i-���_���i�, i �: �yy..JJ.II: e: ��11 1■■ ° Cii1 � ,�, ,,� '.. �_ �1 dr•..Iliittl 1� �'�I�lii��� 0821 JM� rO 21 - 4-: mb,av ZL DPI o1 003 031 002 M 8 lot 1 041 01/ NONBERRY ROAD Ti SAt#O OJ5 041 089 0 0 I Lit 'W, 047 at$ 1021 12?, 019 042 023 172 049 ;, I --1 4 - 044-11 D14-21 of.; 020 67 069 -- - ------------ %2 68 T� I ", _., j 009 024 010 025 196 JLL Y 11 P14-0 I N S,R'! 054 014 got 010 078 o 029 051 075 051 020 j01l-21 013-21 002 103 loj 1011-21 111-20 DO' 036 059 057 058 101 0 166 061 4 0 a" -021 OJ8 004 1072 t �067 651 :056 041 DBB �!7 006 041 010OJ9 i too 005 179 2 074 0?4 R CR 9 56 SFOGWCK RaA9 3,90EWIC, ROAD- sr Sr-v,,vCK ROAD 019 017 097, 092 1 01 1 j 12 050 018 o's of$ Olt 017 027 or, 0-58 059 OJJ i=�;047 0 Oil 71 029 021 045 "A, 0 6 057 010 f 607 ep F 6 Oil )82 06 2 JI'II 004 025 010 009 0', 122 014 goo OJ5 A,, �14 006 oil . . ...... 2 art o0 021 010 085 003 046 047 era 032 OJ8 00, 12-1 SE IVES MILL 01 041 AV, 011 OJI? 040 041 ,' lilt On =\ ' ,1� • c- gnu _ — IS\ C ..__. ►; 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M5:'_':::..1 1� ���M I N N O O 4-0 O m U) W N N N Cn Z Z O M � N O p 2- j U � CO U) N N 0 O O Cn Z 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. Page 4 of 7 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