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02/24/2009 - Regular - PacketCITY OF PORT ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 City Council Meeting Agenda February 24, 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 check book B. Approval of the February 10, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to March 17, 2009, at 7:00 p.m. at City Hall (Kirkpatrick) D. Approval of Public Event Application: Cub Scout Day Camp (Kirkpatrick) E. Approval of Public Event Application: Sidney Glen Dolphin Dash 5K (Kirkpatrick) F. Adoption of Resolution No. 014-09, Authorizing the Mayor to Sign Contract with Economic Development Services (Kirkpatrick) G. Adoption of Resolution No. 015-09, Ratification by Council for Mayor to Sign Professional Services Contract with Teresa D. Johnson CPA, for Specialized Accounting (Tompkins) 5. PRESENTATION A. Proclamation: National Brain Injury Awareness Month B. Proclamation: Veterans Home Celebrates 99 Years of "Serving Those Who Served" 6. PUBLIC HEARING A. Public Hearing: Ordinance No. 003-09, Regarding Street Vacation of Sidney Road — Mist Ventures (Kirkpatrick) B. Public Hearing: Resolution No. o16-o9, Regarding Surplus of Water/Sewer Equipment (Tompkins) 7. BUSINESS ITEMS A. Adoption of Ordinance No. 003-09, Approving Street Vacation of Sidney Road — Mist Ventures (Kirkpatrick) 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 24, 2009, Meeting Agenda Page 1 of 2 B. Adoption of Ordinance No. 005-o9, Amending Storm Drainage Charges for Multi- Family/Commercial Properties (Tompkins) C. Adoption of Resolution No. oil-o9, Authorizing the Mayor to Sign Lease Agreement with Kelley Imaging Systems for City Hall Copiers (Kirkpatrick) D. Adoption of Resolution No. o16-o9, Regarding Surplus of City Equipment (Tompkins) E. Adoption of Resolution No. 017-09, Authorizing the City Clerk to Sign Agreement Renting Property Located at 213 Prospect Street, Unit 201(Kirkpatrick) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR lo. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Finance Committee Tourism Committee Utilities Committee Sewer Advisory Committee (SAC) Public Property Committee Work Study Session Date & Time Location February 25, 2009 Myhre's 7:30 a.m. March 11, 2009 City Hall 2:00 p.m. March 4, 2009 Myhre's 7:30 a.m. March 18, 2009 7.W.W.T.F 6:30 p.m. TBD March 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 24, 2009, Meeting Agenda Page 2 of 2 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4C Meeting Date: Subject: Setting Meeting for Work Study Prepared by: Session on March 17, 2009, at 7:00 p.m. at City Hall Atty Routing No: Atty Review Date: February 24, 2009 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Work Study Sessions are considered a special meeting of the Council and as such fall under RCW 42.30.o8o, which states: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. In order to ensure the City is in compliance with proper noticing requirements, the City Attorney has recommended that the Council, by consent agenda, set the date and time of a work study session each month. Recommendation: Staff recommends the Council set the meeting date and time for the next work study session to March 17, 2oo9, at 7:00 p.m. at City Hall in the Robert G. Geiger Council Chambers. Motion for consideration: I move to set the next work study session meeting date and time to Tuesday, March 17, 20o9, at 7:00 p.m. to be held at City Hall in the Robert G. Geiger Council Chambers. Fiscal Impact: None. Attachments: None. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Meeting Date: Subject: Approval of Public Event Application: Prepared by: Cub Scout Day Camp Atty Routing No: Atty Review Date: February 24, 2009 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. The Cub Scout Day Camp has submitted their application for a public event from July 11, 2009 to July 25, 2oo9 at the Van Zee Park. City departments, as well as the Fire Department, have reviewed the application and have submitted their recommendation and/or comments. This Public Event Application is not a new event; they have been granted permission to host their event in the City Park for the past two years. Recommendation: Staff recommends approving the Public Event application. Motion for consideration: I move to approve the Public Event application for the Cub Scout Day Camp from July 11, 2009 to July 25, 2oo9 at the Van Zee Park. Alternatives: Deny the application or approve with conditions. Attachments: Application Fire Department Comments Port Orchard Police Department Comments Finance Department Comments Public Works Department Comments Planning Department Comments City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4E Meeting Date: Subject: Approval of Public Event Application: Prepared by: Sidney Glen Dolphin Dash 5K Atty Routing No: Atty Review Date: February 24, 2009 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Sidney Glen Elementary PTA has submitted their application for a public event on April 25, 2009, to hold a 5K run, which a portion is from 5oo Birch Avenue and Sidney/Pottery roads. City departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments. This Public Event Application is not a new event; they have been granted permission to host their event on City streets for several years. Recommendation: Staff recommends approving the Public Event application. Motion for consideration: I move to approve the Public Event application for the Sidney Glen Dolphin Dash 5K on April 25, 2009, which uses a portion of City streets from 50o Birch Avenue and Sidney/Pottery. Alternatives: Deny the application or approve with conditions. Attachments: Application Fire Department Comments Port Orchard Police Department Comments Finance Department Comments Public Works Department Comments Planning Department Comments Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: February 24, 2009 Adopted: February 24, 2009 RESOLUTION NO. 015-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, RATIFYING THE MAYOR'S SIGNATURE ON THE PROFESSIONAL SERVICES CONTRACT WITH TERESA D. JOHNSON CPA, INC. FOR SPECIALIZED ACCOUNTING WHEREAS, the City was required to convert its Financial Statements in accordance with the Governmental Accounting Standards Board (GASB) pronouncement No. 34; and WHEREAS, the City needed a CPA that specialized in GASB No. 34 requirements; and WHEREAS, the City contracted in 2004 with Teresa D. Johnson CPA, Inc. to assist with the conversion of the City's 2003 Financial Statements for comparison purposes with the 2004 Financial Statements; and WHEREAS, the City has continued to contract with Teresa D. Johnson CPA, Inc. to be available as needed and to assist with the 2005, 2oo6, and 2007 Financial Statements; and WHEREAS, the City has budgeted for this technical assistance; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor's signature is ratified on the professional services contract with Teresa D. Johnson CPA, Inc. for specialized accounting as needed for the 2oo8 Financial Statements in an amount not to exceed $1,070. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of 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 Auenda Staff Report Agenda Item No. Consent Agenda 4G Meeting Date: Subject: Adoption of Resolution No. 015-09, Prepared by: Ratification by Council for Mayor to Sign Professional Services Contract Atty Routing No: With Teresa D. Johnson, CPA for Atty Review Date: Specialized Accounting February 24, 2009 Kris Tompkins City Treasurer N/A N/A Summarv: In 2004 the City was required to convert its Financial Statements in accordance with the Governmental Accounting Standards Board (GASB) pronouncement No. 34. Teresa Johnson was referred to the City by Annapolis Water District as a CPA that specialized in GASB No. 34 requirements. The City contracted with Teresa D. Johnson CPA, Inc. to assist with the 2003 Financial Statements conversion. The City has continued to utilize Teresa's technical assistance with the preparation of the City's required Financial Statements. Each year fewer hours have been needed as staff has gained experience with the new Statements. As is shown again with the recent audit of 2007, the City's Financial Statements are properly prepared with no necessary corrections through the help of Teresa Johnson. Recommendation: The Mayor has the authority to sign a professional services contract under $15,000 with Council concurrence. Staff recommends adoption of Resolution No. 015-09, ratifying the Mayor's signature on the professional services contract with Teresa D. Johnson CPA, Inc. for specialized accounting in an amount not to exceed $1,070. Motion for consideration: I move to adopt Resolution No. 015-09, ratifying the Mayor's signature on the professional services contract with Teresa D. Johnson CPA, Inc. for specialized accounting in an amount not to exceed $1,070. Fiscal Impact: $boo is budgeted in the Current Expense Fund with the balance of $470 coming from the Water/Sewer Fund. Past expenditures for this service are: 2oo8 $714 2007 $882 2oo6 $2,636 2005 $5,913 2004 $1,870 Attachments: Resolution No. 015-09 Teresa D. Johnson CPA, Inc. Contract �URN =PnOil i u� PROCLAMATION WHEREAS, Each year, more Americans will experience brain injury than HIV/AIDS, breast cancer, multiple sclerosis and spinal cord injury combined. Despite incidence rates, brain injury remains largely unseen by the American population and is frequently referred to as the `silent epidemic'; and WHEREAS, Many people recover from their injuries, but each year an estimated 26,000 people in the State of Washington sustain a Traumatic Brain Injury (TBI) resulting in a permanent disability; and WHEREAS, Traumatic Brain Injury costs our nation a staggering $56.3 billion a year; and WHEREAS, Prevention is the only known cure; and WHEREAS, The mission of the Brain Injury Association of America (BIAA) is to create a better future through brain injury prevention, research, education and advocacy; and WHEREAS, In order to carry out this mission, the BIAA provides information on topics such as bike safety, falls, sports and recreation, violence, and transportation safety, and recommendations on how to prevent injuries from occurring and participates in national coalitions with the Centers for Disease Control and Prevention (CDC), the Health Resources and Services Administration (HRSA), the Defense Brain and Spinal Cord Injury Program (DBSCIP), and the Brain Injury Association of Washington; NOW, THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard, designate March 20o9 as NATIONAL BRAIN INJURY AWARENESS MONTH and in the City of Port Orchard and I call upon all employees and citizens of the City of Port Orchard to observe this month with appropriate recognition whereof. Signed the 24th day of February 2009 Lary Coppola, Mayor PROCLAMATION WHEREAS, The Washington Department of Veterans Affairs; Washington Veterans Home, a facility given an honor providing care for Veterans who have served our great country will mark the celebration of 99 milestone years of service; and WHEREAS, The Washington Department of Veterans Affairs served as an advocate for all Veterans Affairs entitlements; honors Veterans in their final resting place; provided necessary help to the homeless; and WHEREAS, Washington Veterans Home is dedicated to serving those who served by helping to heal seen and unseen wounds of war; providing quality care; and WHEREAS, Washington State is home to more than 670,000 honorable Veterans; and WHEREAS, kind, compassionate diligent citizens dedicated themselves to serve Veterans daily in appreciation for defending the democratic principles of liberties for other; and WHEREAS, we must strive to ensure there will be a place for our Veterans to receive critical care today and long into our future; and NOW, THEREFORE, BE IT RESOLVED, that I, Lary Coppola, Mayor of Port Orchard do hereby proclaim Saturday, February 14, 2009: WASHINGTON VETERANS HOME "SERVING THOSE WHO SERVED" and I call upon all citizens of the City of Port Orchard to observe this day with appropriate recognition thereof. Signed the 24th day of February 2009 Lary Coppola, Mayor 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: Ordinance No. 003-09, Regarding Prepared by: Street Vacation of Sidney Road -Mist Ventures Atty Routing No: February 24, 2009 Patti Kirkpatrick, CMC City Clerk 002-00 Atty Review Date: February 17, 2009 Summary: Fred Depee, representing the applicant Mist Ventures, submitted a Street Vacation application to vacate a portion of City right-of-way located in the 43oo Block of Sidney Road SW. A certified check in the amount of $92,000 for the full appraised value was received. The application was forwarded to the Public Property Committee for review. The Committee recommended that a public hearing be set for this matter upon completion of annexation of the adjacent parcel into City limits, which ordinance was adopted at the December 30, 20o8. Recommendation: Staff recommends the Council hold a public hearing on this street vacation request. Fiscal Impact: Staff has received the $too Street Vacation processing fee as well as the full appraised value in the amount of $92,000. Alternatives: Deny the Street Vacation request and return the appraisal fees in the amount of $92,000. Attachments: Street vacation application City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6B Subject Resolution No. o16-o9, Regarding Surplus of Water/Sewer Equipment Meeting Date: February 24, 2009 Prepared by: Heidi Draper Accounting Assistant III Atty Routing No: NA Atty Review Date: NA Summarv: Per RCW 35.94.04o a public hearing is required prior to disposal of equipment owned by a Public Utility. The equipment listed below no longer serves a purpose for the City and as such it is requested that Council declare it surplus so it may be disposed of in the best interest of the City. Recommendation: Staff recommends the Council open the Public Hearing to take public comment. Fiscal Impact: Funds from the sale of the equipment will be returned to the Water/Sewer Fund. Items to be disposed of: 4013215 96 1984 GMC Brigadier Dump $19,857.70 Vehicle is inoperable. Plow truck w/ snow plow is damaged beyond rpr. attachment Vehicle has been fully depreciated. City of Port Orchard City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 ORDINANCE NO. 003-09 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: February 24, 2009 Adopted: February 24, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD VACATING A PORTION OF CITY RIGHT- OF-WAY LOCATED IN THE 430o BLOCK OF SIDNEY ROAD S.W. LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EST, W.M. KITSAP COUNTY, WASHINGTON: MORE PARTICULARLY DESCRIBED AS FOLLOWS; THAT PORTION OF SIDNEY AVENUE RIGHTOF WAY LYING SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF STTE ROUTE 16 AND EASTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE WEST QUARTER OF SAID SECTION 2; THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER TO ITS INTERSECTION WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROUTE 16; THENCE SOUTHEASTERLYALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO A POINT OF 6o FEET EAST OF AND PERPENDICULAR TO THE WEST LINE OF SAID SOUTHWEST QUARTER, THE POINT OF Ordinance No. 003-09 Paqe 2 of 5 BEGINNING; THENCE SOUTH, PARALLEL WITH AND 6o FEET EASTERLY OF SAID WEST LINE, TO A POINT OPPOSITE HIGHWAY ENGINEERS STATION A14-35+16.40 ON THE A14 LINE SURVEY OF STATE HIGHWAY NO.16, OLYMPIC DRIVE TO TREMONT STREET, THE POINT OF TERMINATION. MORE PARTICULARLY SHOWN IN EXHIBIT A commented [jafi]: t do not have any exhibits INCORPORATED AND ATTACHED HEREIN. ADJACENT PARCEL NOS: 022301-3-001-2009, 022301-3-002-2008, 022301-3-026-2000, 022301-3-003-2007, 022301-3-007-2003, and 022301-3-005-2005 WHEREAS, on November 6, 2oo8 the City of Port Orchard received a petition from Mist Ventures, owners of more than two-thirds (2/3) of the abutting property (hereafter "petitioners"), to vacate a portion of the 43oo Block of Sidney Road S.W.; and WHEREAS, on December 30, 2oo8, pursuant to Ordinance 048-o8, the City Council approved the annexation of the area which included the area proposed for vacation; and WHEREAS, on January 13, 2009, the City Council set a public hearing on the proposed vacation pursuant to RCW 35.79•olo; and WHEREAS, the petitioners have paid the required application fees and the full appraised value of the proposed vacated area, $92,000, to compensate the City in accordance with state law and local ordinance; and WHEREAS, proper notice was posted in accordance with the requirements of RCW 35.79.020 in three public places and in a conspicuous place on the street sought to be vacated; and WHEREAS, notice was also mailed on February 17, 2009, to Orand Cloise II, owner of the only other adjacent property that is not owned by petitioners, Parcel No. 022301-3- 005-2005; and WHEREAS, pursuant to RCW 35.79.03o a public hearing was held on February 24, 2oo9, before the City Council; and TESTIMONY AND EXHIBITS The Council bases its Findings and Conclusions upon the following exhibits and testimony that it finds to be relevant and credible. 1. The following documents were admitted into the record: Street Vacation Petition, and attachments. Ordinance No. 003-09 Paqe 3 of 5 2. Petition signed by Orand Cloise II, adjacent property owner. 3. Testimony of Fred Depee, representing the petitioners, spoke on behalf of the proposed street vacation and explained the basis for the valuation. NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: SECTION i. Pursuant to Resolution 199o, the City Council finds as follows: a. The property described below has been part of a dedicated public right-of-way for twenty-five years or more. b. No portion of the roadway abuts a body of water. C. The property described below is not useful as part of the City road system and the public will be benefited by vacation of the City's interest. d. No land will be "locked" from access to public roadways by the vacation. e. The right-of-way has no foreseeable or possible public use. f. The vacation does not adversely affect utilities. g. The enlarging of the adjacent property by virtue of the annexation does not crate potential or actual land uses that is inconsistent or conflicts with city growth plans and goals. h. The City has received the fullest monetary amount allowed by law. SECTION 2. The property described in the above legal description and shown on the map attached as Exhibit A — Incorporated herein by reference is hereby vacated upon satisfaction of the conditions set forth in Section 3 below. SECTIONg. This vacation shall not be effective until the owners of property abutting upon the alley so vacated pay the City the sum of $92,000, which amount is the fair appraised value of the area vacated. SECTION a. Pursuant to RCW 35.79.03o and POMC 12.o8.020, the City reserves and retains a perpetual easement under, on, or over the above -described vacated land for the construction, repair, and maintenance of public utilities and services which at the time of passage of this ordinance are authorized or physically located on the land or a portion of the land to be vacated. Ordinance No. 003-09 Paqe 4 of 5 SECTION 6. The City Clerk is authorized and directed to record a certified copy of this ordinance with the Kitsap County Auditor upon receipt of the compensation provided above. SECTION 6. Effective Date. This Ordinance shall take effect five days after its publication. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of February 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Sponsored by: Greg A. Jacoby, City Attorney John Clauson, Councilmember Exhibit Sidney Vacation A portion of the Southwest quarter of Section 2, Township 23 North, Range 1 East, W.M., Kitsap County, Washington: more particularly described as follows; That portion of Sidney Avenue right of way lying Southwesterly of the Southwesterly right. of way line of State Route 16 and Easterly of the following described line; Commencing at the West quarter corner of said Section 2; Thence South along the West line of said Southwest quarter to its intersection with the Southwesterly right of way line of said State Route 16; Thence Southeasterly along said Southwesterly right of way line to a point 60 feet East of and perpendicular to the West line of said Southwest quarter, the POINT OF BEGINNING; Thence South, parallel with and 60 feet easterly of said West line, to a point opposite Highway Engineers Station A14 --- 35+15.40 on the A14 line survey of State Highway No. 16, Olympic Drive to Tremont street, the POINT OF TERMINATION. SCALE `= 300' A14 35+15A0 I 3 O LOT A Ar S.P.#2752 PROPOSED VACATION AREA "A" 17,232 s f.) SR-16 ANNEXATION 1 (625,208 s.f.) LOT 6 '-- SIDNEY ANNEXATION VACATION EXHIBIT PORTIONS OF SECTIONS 2 & 3, T 23 N, R 15, W.M., KITSAP COUNTY, WASHINGTON City of Port Orchard City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 ORDINANCE NO. 003-09 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: February 24, 2009 Adopted: February 24, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD VACATING A PORTION OF CITY RIGHT- OF-WAY LOCATED IN THE 430o BLOCK OF SIDNEY ROAD S.W. LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2 AND A PORTION OF THE SOUTHEAST QUARTER OF SECTION 3 ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IUTSAP COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED IN EXHIBIT A INCORPORATED AND ATTACHED HEREIN. Commented [ja8]: I do not have any exhibits ADJACENT PARCEL NO: 022301-3-001-2009 LEGAL DESCRIPTION: A PORTION OF THE WEST HALF OF SECTION 2 AND A PORTION OF THE EAST HALF OF SECTION 3 ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. MORE PARTICULARLY DESCRIBED IN EXHIBIT A INCORPORATED AND ATTACHED HEREIN. Ordinance No. 003-09 Paqe 2 of 6 ADJACENT PARCEL NOS: 022301-3-002-2oo8, 022301-3-026-2000 022301-3-003-2007, 022301-3-007-2003, and 022301-3-005-2005 WHEREAS, on November 6, 2oo8 the City of Port Orchard received a petition from Mist Ventures, owners of more than two-thirds (2/3) of the abutting property (hereafter "petitioners"), to vacate a portion of the 43oo Block of Sidney Road S.W.; and WHEREAS, on December 30, 2008, pursuant to Ordinance 048-o8, the City Council approved the annexation of the area which included the area proposed for vacation; and WHEREAS, on January 13, 2009, the City Council set a public hearing on the proposed vacation pursuant to RCW 35.79.010; and WHEREAS, the petitioners have paid the required application fees and the full appraised value of the proposed vacated area, $92,000, to compensate the City in accordance with state law and local ordinance; and WHEREAS, proper notice was posted in accordance with the requirements of RCW 35.79.020 in three public places and in a conspicuous place on the street sought to be vacated; and WHEREAS, notice was also mailed on February 17, 2009, to Orand Cloise II, owner of the only other adjacent property that is not owned by petitioners, Parcel No. 022301-3- 005-2005; and WHEREAS, pursuant to RCW 35.79.03o a public hearing was held on February 24, 2oo9, before the City Council; and TESTIMONY AND EXHIBITS The Council bases its Findings and Conclusions upon the following exhibits and testimony that it finds to be relevant and credible. 1. The following documents were admitted into the record: Street Vacation Petition, and attachments. 2. Petition signed by Orand Cloise II, adjacent property owner. 3. Testimony of Fred Depee, representing the petitioners, spoke on behalf of the proposed street vacation and explained the basis for the valuation. NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Resolution 199o, the City Council finds as follows: Ordinance No. 003-09 Paqe 3 of 6 a. The property described below has been part of a dedicated public right-of-way for twenty-five years or more. b. No portion of the roadway abuts a body of water. C. The property described below is not useful as part of the City road system and the public will be benefited by vacation of the City's interest. d. No land will be "locked" from access to public roadways by the vacation. e. The right-of-way has no foreseeable or possible public use. f. The vacation does not adversely affect utilities. g. The enlarging of the adjacent property by virtue of the annexation does not crate potential or actual land uses that is inconsistent or conflicts with city growth plans and goals. h. The City has received the fullest monetary amount allowed by law. SECTION 2. The property described attached Exhibit A and Exhibit B — Incorporated herein by reference is hereby vacated upon satisfaction of the conditions set forth in Section 3 below. SECTION g. This vacation shall not be effective until the owners of property abutting upon the alley so vacated pay the City the sum of $92,000, which amount is the fair appraised value of the area vacated. SECTION 4. Pursuant to RCW 35.79.03o and POMC 12.o8.020, the City reserves and retains a perpetual easement under, on, or over the above -described vacated land for the construction, repair, and maintenance of public utilities and services which at the time of passage of this ordinance are authorized or physically located on the land or a portion of the land to be vacated. SECTION 5. The City Clerk is authorized and directed to record a certified copy of this ordinance with the Kitsap County Auditor upon receipt of the compensation provided above. SECTION 6. Effective Date. This Ordinance shall take effect five days after its publication. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. Ordinance No. 003-09 Paqe 4 of 6 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of February 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Sponsored by: Greg A. Jacoby, City Attorney John Clauson, 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: Subject: Adoption of Ordinance No. 003-09, Prepared by: Approving Street Vacation of Sidney Road — Mist Adventures Atty Routing No: February 24, 2009 Patti Kirkpatrick, CMC City Clerk 002-00 Atty Review Date: February 17, 2009 Summary: Earlier in the meeting the Council held a public hearing to consider a request by Fred Depee, Mist Ventures, to vacate a portion of City right-of-way located in the 43oo Block of Sidney Road SW. Recommendation: Staff recommends adoption of Ordinance No. 003-09, regarding street vacation of the 43oo Block of Sidney Road SW. Motion for consideration: I move to adopt Ordinance No. 003-o9, approving the Petition to Vacate a portion of City right-of-way located in the 43oo Block of Sidney Road SW, as submitted by Fred Depee, with the compensation of $92,000 received for the Street Vacation to be distributed with a 50/50 split between the Street Fund and the Designated Unreserved Fund Balance for Parks. Fiscal Impact: The applicant, Mist Ventures, has paid the $too Street Vacation processing fees as well as the $92,000 appraisal fee. Alternatives: Deny Ordinance No. 003-09, and return the $92,000 appraisal fees. Attachments: Ordinance No. 003-09 Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: February 24, 2009 Adopted: ORDINANCE NO. 005-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.o6 "STORM DRAINAGE UTILITY" REGARDING STORM DRAINAGE CHARGES FOR MULTI- FAMILY AND COMMERCIAL PROPERTIES. WHEREAS, on November 25, 2008 the City Council adopted Ordinance No. 037- o8 establishing provisions for rates, billing, and payment for the City's storm drainage utility, which provisions were codified in Port Orchard Municipal Code (POMC) Chapter 13.o6; and WHEREAS, the City Council now desires to amend POMC Chapter 13.o6 to better accomplish the purposes and intent of the storm drainage utility; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. Port Orchard Municipal Code 13.o6.o8o is hereby amended to read as follows: 13.o6.o8o Storm drainage service charge calculation. (1) 3,000 square feet of impervious ground cover shall be equal to one impervious surface unit (ISU). (2) All single-family residential accounts (including mobile homes) are deemed to contain one equivalent ISU for purposes of the monthly storm drainage utility service charge. (3) For the first 12 months following the effective date of the service charges or until the utility determines the actual number of ISUs, whichever is earlier, multifamily and commercial accounts shall pay a service charge based on the presumption that 85 percent of the lot is impervious surface. (4) Within 12 months following the effective date of the service charges, Tthe utility shall determine the actual number of ISUs contained on multifamily and commercial Ordinance No. 005-09 Page 2 of 2 properties and date of the sen4ee eh rges-, these accounts shall pay a service charge to be calculated as follows: actual impervious ground cover / 3,000 square feet x single-family rate. In making the calculation, fractions shall be rounded to the nearest whole number but not less than one , ealeulatien results in a fr-aefien greater- than ene half in whieh ease the numbef shall be adjusted te the nex4 higher- whele der. SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3 . This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance maybe published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of February 2009. ATTEST: Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Lary Coppola, Mayor Sponsored by: Gregory A. Jacoby, City Attorney Robert Putaansuu, Councilmember Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: February 24, 200g Adopted: February24, 200W „.-- - Formatted: Font: Georgia, 12 pt Formatted: Right ORDINANCE NO. oos-oo AN ORDINANCE OF THE CITY OF PORT ORCHARD, Formatted: Font: Georgia, 12 pt, Bold WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.o6 "STORM DRAINAGE UTILITY" REGARDING STORM DRAINAGE CHARGES FOR MULTI -FAMILY AND COMMERCIAL PROPERTIES. - Formatted: Font: Georgia, 12 pt WHEREAS, on November 25, 2oo8 the City Council adopted Ordinance No. 037- o8 establishing provisions for rates, billing, and payment for the City's storm drainage utility, which provisions were codified in Port Orchard Municipal Code (POMC) Chapter 13.o6; and WHEREAS, the City Council now desires to amend POMC Chapter 13.o6 to better accomplish the purposes and intent of the storm drainage utility; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1, Port Orchard Municipal Code 13.o6,o8o is hereby amended to Formatted: Font: Georgia, 12 pt ......... ......... .......... read as follows: Formatted: Font: Georgia, 12 pt 13.o6.o8o Storm drainage service charge calculation. (1) 3,000 square feet of impervious ground cover shall be equal to one impervious surface unit (ISU). (2) All single-family residential accounts (including mobile homes) are deemed to contain one equivalent ISU for purposes of the monthly storm drainage utility service charge. (3) For the first 12 months following the effective date of the service charges or until the utility determines the actual number of ISUs, whichever is earlier, multifamily and commercial accounts shall pay a service charge based on the presumption that 85 percent of the lot is impervious surface. (4) Within 12 months following the effective date of the service charges, Tthe utility shall determine the actual number of ISUs contained on multifamily and commercial properties and after- the first , menthe fell ..ing the effeeti., date of the ..,..... ee e ,...ges, these accounts shall pay a service charge to be calculated as follows: actual impervious ground cover / 3,000 square feet x single-family rate. In making the calculation, fractions shall be rounded to the nearest whole number but not less than on ealeulatien results in a fr-aetion greater- than one half in Nvhieh ease the number- shall be adjusted to the nex4 higher- whele number. Formatted: Font: Georgia Formatted: Font: Georgia Formatted: Font: Georgia Formatted: Font: Georgia, 12 pt Formatted: Right, Border: Bottom: (Single solid line, Auto, 0.5 of Line width) SECTION 2. If any section, sentence, clause or phrase of this ordinance should be Formatted: Font: Georgia, 12 pt held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Formatted: Font: Georgia, 12 pt unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. _SECTION 3_ This ordinance shall be in full force and effect five (5) days after Formatted: Font: Georgia, 12 pt posting and publication as required bylaw. A summary of this Ordinance maybe published Formatted: Font: Georgia, 12 pt in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th.day of February - Formatted: Font: Georgia, 12 pt 2009. Lary Coppola, MavorAYGR ATTEST: Formatted: Font: Georgia, 12 pt 1 Formatted: Left Formatted: Font: Georgia, 12 pt Formatted: Font: Georaia. 12 of Formatted: Font: Georgia, 12 pt Patricia Kirkpatrick, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Robert Putaansuu, Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia, 12 pt l Formatted: Font: Georgia Formatted: Font: Georgia Formatted, Font: Georgia Formatted: Font: Georgia, 12 pt Formatted: Right, Border: Bottom: (Single solid line, Auto, 0.5 of Line width) City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Meeting Date: February 24, 2009 Subject: Adoption of Ordinance No. 005-09 Prepared by: Kris Tompkins Amending Storm Drainage Charges City Treasurer For Multi-Family/Commercial Atty Routing No: 028-09 Properties Atty Review Date: February 18, 2009 Summary: On November 25, 2008 Council adopted billing rates for the City's storm drainage utility to be effective January 1, 2009. There are some customers, such as the South Kitsap School District, that are willing to calculate the actual impervious ground cover of their property, provide the data to the City for verification, so it may be used from the start of the storm drainage billing instead of waiting until after the first 12 months. In amending the Municipal Code from "after" the first 12 months to "within" 12 months, all multifamily and commercial accounts are given the opportunity, if they choose, to provide actual impervious ground cover data to be used in calculating their storm drainage bill prior to the City having the time to conduct actual inventories. On a couple of accounts the acreage is so small the ISU calculation came out with a fraction less than one-half. The original text was not clear as to whether a fraction less than one-half would be billed zero or would be rounded up to one ISU. New language is proposed to clarify that fractions shall be rounded to the nearest whole number but not less than one. Accordingly any fraction less than one will be billed as one ISU, which is $7.00 per month. Recommendation: Staff recommends adoption of Ordinance No. 005-o9 amending Port Orchard Municipal Code Chapter 13.o6 "Storm Drainage Utility" regarding charges for multifamily and commercial properties. Motion for consideration: I move to adopt Ordinance No. 005-o9 amending Port Orchard Municipal Code Chapter 13.o6 "Storm Drainage Utility" regarding charges for multifamily and commercial properties. Fiscal Impact: Most customers submitting their actual impervious ground cover data will experience a decrease in charges. Alternatives: Not make the recommended changes or suggest different changes to the Storm Drainage rates. Attachments: Ordinance No. 005-09 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C 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 24, 2009 Prepared by: Patti Kirkpatrick, CMC City Clerk Atty Routing No: NA Atty Review Date: NA Summary: At the February 10, 2009, meeting, this item was removed from the Consent Agenda to this meeting in order for the Mayor to renegotiate price for the maintenance portion of the contracts. The copiers for the Administrative and Finance Department and the Police Department are up for renewal at the end of March. Currently, the leases for the two copiers are with Pacific Automation. The Administration/Finance Department copier is a large multifunctional copier that is utilized by all City departments. The copier in the Police Department is a smaller version and is used for smaller projects within that department. In addition, the City has two copier leases with Kelley Imaging Systems, one for Municipal Court and one for the Public Works/Planning Departments. These two copiers are up for renewal in September. The Clerk's office contacted several vendors from the State contract 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 contract 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 clear color documents in their 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 $21,000 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: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: February 10, 2009 Continued to: February 24, 2009 Adopted: February 24, 2009 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, the current lease agreements for three copiers at City Hall will expire in March 20o9; and WHEREAS, the City Clerk's Office contacted vendors through the State contract and two vendors responded — Pacific Office Automation and Kelley Imaging Services; and WHEREAS, staff has determined that 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 clear 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 agreements with Kelly Imaging Systems for a Toshiba e-Studio 353o Digital Color copier for the Public Works/Planning Department for 6o-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 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 24th day of February 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: February 24, 2009 Adopted: February 24, 2009 RESOLUTION NO. 016-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSITION THEREOF WHEREAS, certain personal property owned by the City of Port Orchard has become surplus to the needs of the City, the electronic equipment is inadequate for our current environment, vehicles have come to the end of their useful life and have been replaced, phones have been traded in for more efficient models; and WHEREAS, the City desires to dispose of said property in the best interest of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE THE FOLLOWING: THAT: The property described below is declared as surplus to the needs of the City. Staff is instructed to dispose of the items in a manner that reflects the best interest of the City. (DESCRIPTION, EQUIPMENT INV # YR MODEL, SERIAL #) COST DISPOSITION IT Department CPU, PII/350 S# 100- 110077 99 oo6074 $ 1,267.41 Obsolete CPU, DELL GX240 P4/1.8G W/CDRW S/N 110129 02 CGFYNM11 $ 941.78 Obsolete CPU, DELL, Optiplex GX270, Serial No. 110153 03 FMDDB31 $ 89o.78 Obsolete Resolution No. 016-09 Paae 2 of 3 En ineering Department Nextel Radio/phone - SSN Exchanged for new 200169 06 #364TGA6RSD $ 10.85 phone Nextel Radio/phone - SSN Exchanged for new 200171 06 #364TGA6SJV $ 10.85 phone Nextel Radio/phone - SSN Exchanged for new 200172 06 #364TGA3Z32 $ 10.85 phone Nextel Radio/phone - SSN Exchanged for new 200173 06 #364TGA6R9N $ 10.85 phone Building De artment Nextel Radio - SSN Exchanged for new 200170 06 #364TGA6SJR $ 10.85 phone Parks De artment Nextel Radio SSN # Exchanged for new 800096 06 364TGA6R9S $ 10.85 phone Ptn of Was destroyed by Asset DIGGING TOY at Central Vandals #800007 Park $ 500.00 Public Works Dept (Street) RADIO, MAXAR8o (TK #18) M#D33TSA3300 S#475FMG3868 WAS OLD 300149 TK2 inoperable Water Sewer 4013215 96 1984 GMC Brigadier Dump $19,857.70 Vehicle is truck w/ snow plow inoperable. Plow is attachment damaged beyond rpr. Vehicle has been fully depreciated. Police VIDEOCAM, SONY 8MM 500187 0o M#TRV720 S#19219 $ 2,300.00 inoperable Canon EOS Digital Rebel 500381 07 Serial #212520712658 $ 698.70 inoperable HP DESKTOP PRINTER 694oDT, 500250 06 S#MY68AD9R1PD $ 160.0o inoperable Video Camera - Sony DCR- 500312 04 TRV33 - SN 415831 $ 679.00 inoperable Camera -Canon EOS Elan 7ne, 35mm - Serial No. 500344 06 [21110001396 $ 429.95 inoperable Camera -Canon EOS Elan 500345 06 7ne, 35mm - Serial No. $ 429.95 inoperable Resolution No. 016-09 Paae 3 of 3 [21110001216 RADIO, M UHF 500258 01 #051A1347 $ 906.87 inoperable RADAR, Python Series 2, 500323 04 SIN 420888 $ 1,478.05 inoperable TK-218oK VHF Radio, 500375 07 Serial #80900708 $ 688.53 inoperable Camcorder - Sony Model No. DCR-HC40 with car 500327 04 battery Adapter Cable $ 542.8o inoperable Camcorder - Sony Model No. DCR-HC40 with car 500328 04 battery Adapter Cable $ 542.8o inoperable Video Camera - Sony DCR- 500310 04 TRV33 - SN 415832 $ 679.00 inoperable Palm phone traded in for new 500377 07 #05403790313 $ 347.51 model traded in for new 500379 07 Blackberry 7520 $ 162.89 model PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of 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 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7D Meeting Date: Subject Adoption of Resolution No. o16-o9, Prepared by: Regarding Surplus of City Equipment Atty Routing No: Atty Review Date: February 24, 2009 Heidi Draper Accounting Assistant III NA NA Summary: The equipment listed below no longer serves a purpose for the City and as such it is requested that Council declare it surplus so it may be disposed of in the best interest of the City. The required Public Hearing for the surplus of water/sewer equipment was held earlier in the meeting. Recommendation: Declare these items surplus so that the equipment can be sent to Stokes Auction for sale or be disposed of in the best interests of the City. Motion for consideration: I move to approve Resolution No. o16-o9, declaring certain City equipment as surplus and authorizing staff to dispose of said equipment in the best interest of the City. Fiscal Impact: Funds from the sale of the equipment will be returned to the fund of ownership. Attachments: Resolution No. o16-o9 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: February 24, 2009 Adopted: February4, 2009- Formatted: Right RESOLUTION NO. os--*-og A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE CLERK TO SIGN AGREEMENT RENTING PROPERTY LOCATED AT gig PROSPECT STREET, UNIT 201 WHEREAS, there is a vacancy in the unit located at 213 Prospect Street, Unit 201, which has been vacant since October 1, 2oo8; and WHEREAS, the City Clerk has been working with a prospective renter who has met reference and background checks and paid the first and last month's rent; and THE CITY COUNCIL OF THE CTI'Y OF PORT ORCHARD, WASHINGTON RESOLVES AS FOLLOWS: THAT: the City Clerk is authorized to execute the rental agreement with Joh Lund, which is attached hereto and incorporated by reference, for the unit located at 216 Prospect Street, Unit 201, Port Orchard in the amount of $650 per month, with a deposit for last months rent in the amount of $650. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of 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 7E Subject: Adoption of Resolution No. 017-09, Authorizing the City Clerk to Sign Agreement Renting Property Located 213 Prospect Street, Unit 201 Meeting Date: February 24, 2009 Prepared by: Patti Kirkpatrick, CMC City Clerk Atty Routing No: 18o-o8 Atty Review Date: February 18, 2009 Summary: The City owns rental property located at 213 Prospect Street and 215 Prospect Street, both of which are duplexes. The unit located at 213 Prospect Street, Unit 201 has been vacant since October 1, 2oo8. The City Clerk has been working with a potential renter and a copy of the application is attached for Council's review. The lease amount is $650 per month. References and background checks have been completed and staff recommends approving the rental of the unit. Recommendation: Staff recommends the Council adopt Resolution No. 017-09, and authorize the City Clerk to enter into a monthly rental agreement with the prospective tenant, Joli Lund. Motion for consideration: I move to adopt Resolution No. 017-09, authorizing the City Clerk to enter into a monthly rental agreement with Joh Lund for the unit located at 213 Prospect Street, Unit 201, in the amount of $650 per month, including a deposit in the amount of $650. Fiscal Impact: Currently the unit is vacant and will generate approximately $6,500 in revenue through December 2009. Alternatives: Not rent the unit and provide direction to staff. Attachments: Resolution No. 017-09 Rental application (to be provided at meeting) Rental agreement (to be provided at meeting) City of Port Orchard Council Meeting Minutes Regular Meeting of February 10, 2009 7:oo P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tem Powers, Clauson, Chang, Childs, Colebank, Olin, and Putaansuu ALSO PRESENT: Commander Marti, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy City Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Art Mikelsen led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT There were no citizen comments. APPROVAL OF AGENDA Councilmember Powers moved and Councilmember Clauson seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants *51151 through *51250 in the amount of $233,379.88; January Payroll *14208o through *142141 in the amount of $482,934.38; and Treasurer's check book in the amount of $1,632,810.10. B. Approval of the January 20, 2009, Council Work Study Session Meeting Minutes C. Approval of the January 27, 2009, Council Meeting Minutes with Kelley imaging Systems fef City Hall Gepier-s (Mr-kpatfiek) E. Adoption of 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 (Kirkpatrick) Councilmember Clauson moved and Councilmember Childs seconded the motion to continue item 4D to the February 24, 2009, Council meeting. Upon vote, the motion passed unanimously. Councilmember Olin moved and Councilmember Colebank seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. Minutes of February 10, 2009 Page 2 of 6 PUBLIC HEARINGS Public Hearing on Ordinance No. ooi-og, Regarding Street Vacation of Sidney Road - Mist Ventures City Clerk Kirkpatrick explained that there was a scrivener's 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. 006-09, should have set the date for the Public Hearing for the February 24, 2009, Council meeting. Staff recommends that the Mayor open the public hearing and continue the matter to the February 24, 2009, Council meeting. Mayor Coppola opened the Public Hearing at 7:16 p.m. and announced the Public Hearing would continue at the February 24, 2009, Council meeting. Public Hearing Regarding Annexation of Sedgwick/Bethel Parcels Development Director Weaver presented the staff report, noting 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 right-of- ways located in the vicinity of the intersection of Sedgwick Road and Bethel Road. 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 to -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. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:19 p.m. PRESENTATION Proclamation: Art Mikelsen Mayor Coppola proclaimed Saturday, February 14, 2009, to be Art Mikelsen Day and called upon all citizens of the City of Port Orchard to observe this day with appropriate recognition thereof. Mr. Mikelson thanked the Council for its support of youth programs, which teaches youths sports basics. Councilmembers and the Mayor voiced their appreciation of Mr. Mikelson's dedication to the community, noting he set a prime example for future generations to follow. Minutes of February 10, 2009 Page 3 of 6 NEW BUSINESS Adoption of Ordinance No. 004-09, Approving the Annexation Request for the Sedgwick and Bethel Parcels Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening regarding the annexation of thirty-nine parcels which total approximately 64 acres and the associated right-of-ways located in the vicinity of the intersection of Sedgwick Road and Bethel Road. Staff recommends adopting Ordinance No. oo4-09. City Attorney Jacoby explained that this request is being done prior to the Boundary Review Board (BRB) completing their review and upon adoption, the ordinance would become effective upon the completion of the BRB review period. City Attorney Jacoby stated that the RCW's are not clear on whether the City adopts the Ordinance prior to BRB review or if it should be the other way. The City of Port Orchard is the only city in Kitsap County that waits for the BRB review period and then adopts the Ordinance. City Attorney Jacoby is working with Kitsap County's Attorney on creating procedures of how to proceed with annexations in the future. Councilmember Olin moved and Councilmember Powers seconded the motion 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. Upon vote, the motion passed unanimously. Adoption of Resolution No. oia-og, Authorizing the Mayor to Execute the McCormick Woods Annual Septic Tank Maintenance Program Contract Public Works Director Dorsey presented the staff report, noting on January 6, 2009, the Public Works Department 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 RFP's included tax and were received by the Public Works Department by 4:00 p.m. on January 20, 2009, 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 total bid of $28,814.45 for the pumping and servicing of 133 selected septic tanks at McCormick Woods. Since the bids received exceeded the 20o9 budget allowance, the scope of work was scaled back to 117 tanks only. All three contractors were contacted and confirmed by phone that their respective price quote was per tank and did not change given the scope reduction. Staff recommends the Council authorize the Mayor to execute the McCormick Woods Annual Septic Tank Minutes of February 10, 2009 Page 4 of 6 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, 20o9 and ending February 15, 2010. After a brief discussion, the Council directed staff to place the remaining 16 tanks on the next Finance Committee Agenda for discussion on how to fund in 2009. Councilmember Powers moved and Councilmember Childs seconded the motion 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. Upon vote, the motion passed unanimously. Approval for Public Works Director to Purchase Snow Plow Public Works Director Dorsey presented the staff report, noting 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. 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. Councilmember Clauson moved and Councilmember Colebank seconded the motion 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. Upon vote, the motion passed unanimously. CITIZENS COMMENTS There were no citizen comments. COMMITTEE REPORTS Councilmember Putaansuu announced the Utility Committee will meet on Thursday, February 13, 2009, at 7:3o a.m. at Myhre's. Councilmember Childs announced that the Tourism Committee will meet on Wednesday, February 11, 2oo9, at 2:00 p.m. at City Hall. He announced the recent fundraiser at Hi -Joy Bowl raised $400 for the South Kitsap Helpline. Councilmember Colebank noted he attended the Kitsap Economic Development Alliance annual Decision Maker's Breakfast and was inspired by the presentation of Bob Frank and Minutes of February 10, 2009 Pages of 6 Scott Reynvaan regarding the future of electric vehicles and catalytic converters for marine engines. Councilmember Colebank announced the South Kitsap Skate Park Association (SKSPA) thanked the Council and Mayor for supporting the funding of the SKSPA and is looking for donations to assist with building the park, which includes concrete, excavation, construction materials, landscaping materials, and volunteers. MAYOR'S REPORT Mayor Coppola announced Commission Bauer is the new Kitsap County Housing Authority Chair; that himself and the Public Property Committee members met with the Washington Department of Transportation who provided a briefing on what grants were available to the City, which they found helpful and productive. REPORT OF DEPARTMENT HEADS City Clerk Kirkpatrick reported that the City had been asked to move the airing of their meeting from Thursday, February 12th to Friday, February 13th in order to allow the South Kitsap High School "Live" air time to retire Marvin Williams' NBA Jersey; that the City Council meeting videos are now available for viewing on the City's website. Public Works Director Dorsey noted the Kitsap Regional Coordinating Council approved the shift in the funding for the Seawall project from the Port Orchard Blvd project and should be effective sometime in March. Councilmember Powers moved and Councilmember Clauson seconded the motion directing staff to prepare a proclamation for the February 24, 2009, Council meeting Celebrating the Veteran's Home 99 years in business. Upon vote, the motion passed unanimously. Development Director Weaver will meet with the Sidney Museum Board on Thursday, February 12, 2009, to discuss the parking garage proposal and answer their questions. City Attorney Jacoby announced that Councilmember Clauson would serve as the City Representative/Liaison for the union contract negotiations. Mayor Coppola asked that Residential Parking Permits be discussed at the next work study session of the Council. At 7:59 p.m. Mayor Coppola reconvened the meeting after a ten-minute recess. EXECUTIVE SESSION At 8:10 p.m. Mayor Coppola recessed the meeting for a seventy -minute executive session regarding potential litigation in accordance with RCW 42.30.11o(1)(A). City Attorney Minutes of February 10, 2009 Page 6 of 6 Jacoby, Attorney Carol Morris, and Development Director Weaver were invited to attend and the Mayor announced that no action would be taken as a result of the executive session. ADJOURNMENT At 9:20 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor