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HomeMy WebLinkAbout10/30/02 AGENDA239 4th Streel · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-52.~1 5. 6. 7. 8. (Item 9N added) CITY COUNCIL MEETING AGENDA OCTOBER 30, 2002 PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation CONSENT AGENDA A. Minutes of Meeting -October 16, 2002 (#AB02-207) CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - Comments limited to 3-minutes NEW BUSINESS A. Professional Services Agreement with HDR Engineering, Inc. for Pacific Avenue Basin Pre-Design (#AB02-208) PUBLIC HEARINGS - RESOLUTIONS AND ORDINANCES A. Ordinance No. 4817 [Second Reading] Regarding Amendments to BMC Chapter 21.02 Zoning Code to Provide for Senior Housing Projects (#AB02-199) B. Ordinance No. 4818 [Second Reading] Relating to Insurance Requirements for Issuance of a Permit for Working within the City Right-of-Way (#AB02-200) C. Ordinance No. 4819 [Second Reading] Creating BMC Chapter 1.04 Establishing a Framework for Code Enforcement (#AB02-201) D. Ordinance No. 4820 [Second Reading] Relating to Penalties for Violations of City Building Code, Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code (#AB02-202) E. Ordinance No. 4821 [Second Reading] Relating to Enforcement of Violations of the Zoning Code (#AB02-203) F. Ordinance No. 4822 [Second Reading] Relating to Remo~al of Nuisance Vegetation and the Enforcement of Code Violations Relating to Same (#AB02-204) '7 ¥o CONTINUED ON BACK... E-moil: cit),council@ci.bremerton.wo.us · Web: www. ci.bremerton.wo.us PUBLIC HEARINGS - RESOLUTIONS AND ORDINANCES (CONTINUED) G. Ordinance No. 4823 [Second Reading] Relating to Enforcement of Violations Relating to Garbage and Refuse (#AB02-205) H. Ordinance No. 4824 [Second Reading] Relating to Public Nuisances (~AB02-206) I. Resolution No. 2877, Intent to Fon'n Utility Local Improvement Districts (#AB02-209) J. Ordinance [First Reading] Amending BMC Chapter 11.04 Relating to Local Improvement Districts (#AB02-210) K. Revenue Sources for the 2003 Budget (#AB02-211) L. Ordinance [First Reading] Levying Property Taxes for Collection in 2003 (#AB02-212) M. Ordinance [First Reading] Setting Rates and Fees for Water Fund 401, Wastewater Fund 451, and Stormwater Fund 481 for 2003 (#AB02-213) N. Public Headng on Construction of Bremerton Westside Wastewater Treatment Plant Wet-Weather Facilities (#AB02-214) 10. ADJOURNMENT OF MEETING CITY COUNCIL MEETING OCTOBER 30, 2002 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a general question., dP/ease provide information below so staff will be able to contact you. Thank you. NAME ADDRES S/TELEPHONE TOPIC Page I of 10 Donald L. Larson From: To: Cc: Sent: Subject: "Donald L. Larson" <dolarson@krl.org> "Bremerton Mayor" <cboZeman~ci.bremerton.wa.us> <JReynold~;!starbucks.com>; "Comprehensive Plan" <compplan@ci.bremerton.wa.us>; "BremertonCouncilDist~3 D.Nygren" <daren1698@yahoo.com>; <shepherd~sinclair. net> Tuesday, October 29, 2002 4:12 AM ~ Re: Weeds in Downtown Bremerton Mayor Cary Bozeman 239 4th Street Bremerton, WA 98337 Dear Mayor Bozeman: I'm inspired by your words in the 2002 Edition of the Bremerton CP Map Guide & Business Directory, created by the Community Projects LLC, 4th annual edition { mapb ook~b endcable, corn }: "The next few years represent an era of opptntuni~' tbr the Cilx' of Bremerton. It's one full of hope and anticipation of the redevelopment of our downtown and the sense that once again, Bremerton is a smart investment. We have so many things going for us. We are located in one of the most beautiful areas in the world.". ........ .... "Also, because we are a waterfront city with our downtown core just two blocks from beautiful Puget Sound. we believe we offer a premier opportuni6~ for private investment" The problem, which Jona Reynolds and I have tried to explain, is downtown Bremerton is not an eye-pleasing site, in an otherwise, naturally beautiful area {prior to man-made developments}. My first impression of Bremerton, from the ferry, is there is an excessive amount of pavement {including the new ferry terminal with little landscaping} & buildings and then if you look a little closer there appears to be plenty of thriving weeds. That is in sharp contrast to the harbor in Victoria, B.C., where people can see green grass & flowers on the approach by ferry. I grew up in Livingston, MT, nearly 4.5 times smaller than Bremerton and learned to love tree lined streets, which the City of Bremerton, with a population of 36,000 lacks. The City of Brernerton, after being sued, established a CSO Reduction Plan in 1992, to modify existing stormwater & sanitary sewer systems, at considerable expense ($30 million +), in the form of higher sewer bills for residents. The City in 111 years of development, has failed to see trees as part of the Community Infrastructure, that could help reduce CSO's. 10/30/2002 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES OF MEETING - OCTOBER 16, 2002 FORAGENDA OF: OCTOBER 30, 2002 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: OCTOBER 23, 2002 2. CLEARANCES: (Comment onback if necessary) 3. ~: ENDORSEMENT [-] MAYOR: INFORMATION[--] APPROVED FOR SUBMITTAL BY COUi~CIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 7. NOTICE OF ACTION: PULLED [--] TABLED COUNCIL DIRECTIVE: APPROVED o RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [] AMENDED ~-~ DATE: 8. AGENDA BILL NO.: (/,~ - / 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCEs': 11. RESEARCH SOURCES: TAPE #1855 CITY COUNCIL MEETING MINUTES October 16, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, October 16, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Mlaupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council Member Eric Younger was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Brian Banke of Memorial Lutheran Church. CONSENT AGENDA - There were no Consent Agenda items heard this week. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0030 M/S/C/U (McConnell/Olsen) On October 16, 2002 the Council approved payment for Check Numbers 275463 through 275691 in the amount of $410,108.47 on the Master Check Register. COUNCIL MEMBER REPORTS Mike Short reported on the recent Peninsula Regional Transportation Planning Organization Meeting he attended, and announced that the next meeting would be held on December 5th to address the issue of regional road systems. Will Maupin discussed the Puget Sound Regional Council (PSRC) Growth Management Board Meeting he attended and found it interesting how cities will decide to construct sidewalks in urban centers; mentioned that at the Kitsap Regional Coordinating Council (KRCC) meeting he attended yesterday there was discussion on the County Wide Planning Policies and how those policies would shape how Kitsap County would look in the future; and announced that Kitsap Transit will be refitting busses with new engines which will reduce emissions by 90%. Mike Shepherd thanked BKAT volunteers Dave Llewelyn and Tyler Kaye, who volunteer their time to tape and broadcast Council Meetings. Ed Rollman was pleased with the Council Retreat held last Saturday and thanked Lori Smith, Legislative Assistant and Michael Stephenson, City Auditor for their positive attitude and willingness to attend; he also encouraged people to check the batteries in the smoke detectors as part of Fire Prevention Month. Daren Ny~lren attended the Kitsap Trees Meeting yesterday and encouraged citizens to contact Mike Shepherd or himself at 478-5280 for more information. He also announced that the District 3 Meeting originally scheduled for October 26th has been cancelled. Carol Arends provided a brief report on the Council retreat held last week. MAYOR'S REPORT Mayor Bozeman invited Senator Bob Oke to address the Council on the importance of Referendum 51. Council President Arends reminded speakers that only factual presentations of ballot issues would be allowed at this time. TAPE #1855 City Council Reg. Mtg. Minutes October 16, 2002 Page 2 of 4 Senator Bob Oke shared information on the groundbreaking ceremony of the second Tacoma Narrows Bridge; and announced that the Veterans Home at Retsil would be undergoing a huge facelift. Mayor Bozeman provided an update on the following: · The Public Safety Bond passed during the last election held on September 17; and · Groundbreaking ceremonies were held for both the Ice Arena and Conference Center projects. Jim Spencer, Parks & Recreation Director introduced Mary McClure, Executive Director of Kitsap Regional Coordinating Council, who made a presentation on possible parks and recreation projects that could benefit with proceeds from Proposition 1. Walt Draper, Public Facilities District Board Member representing the City of Bremerton, summarized that Proposition 1 would address the need for parks facilities. Mr. Spencer added that Pendergast Regional Park would receive two additional ballparks and the Glenn Jarstad Aquatic Center would receive a much-needed renovation. PUBLIC RECOGNITION Allen Shute was concerned about the treatment he received during a recent arrest. Louie Mitchell expressed his frustration after being the victim of a hit and run incident for the second time this summer, and would like the issue of speeding addressed. Mike Tasso, neighbor of Louis Mitchell, asked that Council consider safety foremost when looking at transportation plans for the City. Ruth Enderle of the Admiral Theater was pleased to announce that "Tomas Kubinek" would be coming back to Bremerton and tickets were still available. Also, a Benefit Concert for Denny Gore would be held on Sunday, October 20th to offset his medical expenses stemming from his recent automobile accident. Luke Henry; Mallory Lehman; and Evan Stansberry asked the City for their support to build a skate park in Bremerton. Ed Pietras announced the 20th Annual Spaghetti Festa would be held on Sunday, October 27th from 1:00 to 7:00 P.M. at the Knights of Columbus Hall located at the corner of Burwell & Montgomery to benefit the Olympic Peninsula Kidney Center. For additional information, please call 479-9210. Sheila Ives asked that people not be displaced by building a middle school in the Anderson Cove area; and Keith Hoofnagle chairman of Anderson Cove Neighborhood Association, pointed out that the residents of Anderson Cove are not being informed of any studies or current events. Roy Mclnnis announced the Sinclair Missionary Baptist Church 59th Annual Founders Day Celebration would be held on October 27th starting at 3:00 P.M. A banquet is also planned on October 25th starting at 6:00 P.M. for a cost of $10 per person or $15 per couple. Wayne Olsen left the meeting at 6:15 P.M. and was not available for any further votes this evening... Mike Shepherd left the meeting at 6:25 P.M. and was not available for any further votes this evening... 8A - BID AWARD TO PURCHASE AND INSTALL EQUIPMENT FOR WB-3 PUMP STATION (#AB02- 192): Pat Coxon, Wastewater Treatment Plant Manager, explained that this bid award is for the installation of equipment that was previously purchased for the improvements to wastewater pump station WB-3, as required by the City's CSO Reduction Plan. Specifications and design documents were prepared and competitive bids were received for the installation of this pre-purchased equipment. Bids were opened October 1, 2002, with three contractors submitting bids. Stan Palmer Construction, Inc. submitted the Iow bid of $368,357.50 (including tax), which is in-line with the design engineer's estimate. TAPE #1855 City Council Reg. Mtg. Minutes October 16, 2002 Page 3 of 4 It is recommended that the City Council approve the award of the contract to Stan Palmer ConstruCtion, Inc. for the WB-3 PS Upgrade - Equipment Installation as defined in the bid document in the amount of $368,357.50 including tax. There were no comments from the public. #1815 M/S/C/U (Short/Maupin) Move to approve the award of the contract with Stan Palmer Construction, Inc. for the WB-3 PS Upgrade - Equipment Installation as defined in the bid document in the amount of $368,357.50 including tax and authorize the Mayor to execute the same. 9A- ORDINANCE NO. 4813 (SECOND READING) GRANTING A ONE-YEAR FRANSHISE T~ CASCADE NATURAL GAS CORPORATION (#AB02-189): First reading of this ordinance was heard on October 9, 2002. There were no comments from the public. #1870 M/S/C/U (McConnell/Rollman) Move to pass Ordinance No. 4813 on second reading, granting one-year franchise to Cascade Natural Gas Corporation. 9B - ORDINANCE NO. 4814 (SECOND READING) AMENDING CHAPTER 3.02 OF THE BMC RELATING TO THE CITY BUDGET STRUCTURE AND POLICY BY PROVIDING FOR AN ANNUAl BUDGET BEGINNING JANUARY 1, 2003, AND MAKING RELATED MINOR AMENDMENTS TOI SAl_n CHAPTER (#AB02-190): First reading of this ordinance was heard on October 9, 2002. There were no comments from the public. #1925 M/S/C/U (Short/Maupin) Move to pass Ordinance No. 4814 on second reading. 9C - ORDINANCE (SECOND READING) REPEALING ORDINANCE NOS. 4771 AND 4772 TO BRINe- THE CITY BACK INTO COMPLIANCE WITH THE REQUIREMENT OF THE GROWTH MANAGEMENT ACT(#AB02-191): The first reading of this ordinance was heard on October 9, 2002. There were no comments from the public. Mr. McConnell asked if this ordinance would bring the City back into compliance with the Growth Management Hearings Board. Mr. Lubovich answered that this ordinance remedies the issue of the order that stated the City had violated the Growth Management Act by having two Comprehensive Plan Amendments of last year. Mr. Nyflren asked if the original petitioner had been sent the modified version of this ordinance. Mr. Lubovich stated that he would check to make sure the corrected ordinances were sent to all petitioners. #1975 M/S/C/U (Maupin/Short) Move to approve ordinance on second reading; and to hold third hearing on October 23, 2002. 9D - ORDINANCE (FIRST READING) RELATING TO 2003-2008 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN (#AB02-193): Michael Mecham, City Engineer, summarized that the Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is update annually and filed with the Secretary of Transportation, Department of Transportation, Local Programs Office. It is intended as a planning tool for the local, state, and federal transportal~ion funding cities. The attached plan has been prepared for City Council approval by ordinance and will be submitted to the Washington State Department of Transportation. TAPE #1855 City Council Reg. Mtg. Minutes October 16, 2002 Page 4 of 4 There were no comments from the public. Mr. Rollman asked for future briefings on these issues to keep Council informed. Mr. Nygren asked if these projects are part of a "wish list". Mr. Mecham responded yes in most cases, and that some projects would be receiving funding through grants or have some form of funding in place. #2245 M/S/C/U (Short/Maupin) Move to pass the attached ordinance, which approves the City's 2003- 2008 Six-Year Transportation Improvement Program, upon first reading. The Council reconvened in the Council Conference Room for a 30-Minute Study Session to discuss "Waterfront Development". With no further regular business, the meeting adjourned at 7:00 P.M. Prepared and Submitted by: Attest: CHRISTINE GRENIER ELLINGSON Council Assistant PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution; File AGENDA B~L BREMERTON CITY COUNCIL 1. SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR PREDESIGN FOR CSO AND STORM SYSTEM IN THE PACIFIC AVENUE BASIN. 2. CLEARANCES: (comment on back if/~)~, Director, Public Works/Utilities City Attomey ~_~ Administrative Services Director Budget & Finance Committee Operations Committee FOR AGENDA OF: October 30, 2002 ORIGINATING DEPT: PW&U Engineerigg Division ORIGINATOR: Michael C. Mecham, City Engine~ DATE SUBMITTED: October 16, 2002 ~' '~ EXHIBITS HDR Engineering, Inc. t~~ MAYOR A. Professional Services Agreement with APPROVED BY COUNCIL PRF_,$dDENT FOR ~UBMITTAIL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Based on an evaluation of qualified consultants the City has selected and negotiated a Professional Services Agreement with HDR Engineering, Inc. for predesign services for the Combined Sewer Overflow (CSO) and Storm System in the Pacific Avenue Basin. The purpose of this Professional Services Agreement is for HDR Engineering, Inc. to prepare a predesign report for the City's Pacific Avenue Basin, based on the updated CSO Reduction Plan and the downtown development plan. This report will re-evaluate the improvements required for the Pacific Avenue Basin overflow site and the improvements required for the storm sewer system. The not-to- exceed amount of the agreement is $73,200. The request before the City Council is approval of an agreement for professional services with HDR Engineering, Inc. 8. RECOMMENDATION: Move to approve a Professional Services Agreement with HDR Engineering, Inc. to provide predesign services for the Combined Sewer Overflow and Storm System in the Pacific Avenue Basin, in an amount not to exceed $73,200, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTWE 10. NOTICE OFACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: Oi~ -' ~ L;~ CLEARANCE COMMENTS: 7 5. IMPACT ON NON-PASSAGE: Evaluation of downtown sanitary and storm sewer utilities would not be conducted. Review of CSO reduction improvements incorporating benefit from private property separation, and anticipated modifications to downtown would not be conducted. Design of CSO reduction improvements would be delayed. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: Budget: Facilities: No impacts. The project is included in the 2002 budget. No impacts. 7. RESEARCH SOURCES ab, Agenda Bills, 2002, PSA with HDR for Predesign for CSO and Storm System in Pacific Avenue Basin PROFESSIONAL SERVICES AGREEMENT Predesign for CSO and Storm System in Pacific Avenue Basin The City of Bremerton ("City") and HDR Engineering, Inc. ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Contractor agrees to perform the services more specifically described in the Scope of Work, dated September 17, 2002, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if fully set forth. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services, the services shall only be performed upon the express written request of the City. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Contractor agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed by April 15th of 2003; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor in an amount not to exceed $73,200. Contractor's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Contractor shall submit regular billing statements describing services rendered and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, tl~e City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to direct the Contractor's compensated services under the time frame set forth in Section II herein before reaching the maximum amount. The Contractor's bill rates shall be as delineated in Exhibit A. Contractor shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached fee schedule. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Contractor of its obligations under this Agreement. Bremerton/HDR Engineering, Inc. Predesign for CSO and Storm System in Pacific Avenue Basin Page 1 of 7 ~ IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from tl~e City to the employees, agents, representatives, or sub-contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Indemnification: Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with tl~e Contractor's willful misconduct or negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/HDR Engineering, Inc. Predesign for CSO and Storm System in Pacific Avenue Basin Page 2 of 7 lo VI. Insurance: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. Professional Liability insurance with limits no less than $1,000,000 limit per claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit i~s brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: Bremerton/HDR Engineering, Inc. Predesign for CSO and Storm System in Pacific Avenue Basin Page 3 of 7 It A. Repons and Information: When requested by the City, Contractor shall furnish periodic repons and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and repons developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available or is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office in Bellevue, Washington. Contractor shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. Any use or reuse of the documents, data and files created by Contractor for the City on this project by anyone other than Contractor on any other project shall be without liability or legal exposure to Contractor. C. Contractor to Maintain Records to Support Independent Contractor Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: o File a schedule of expenses with the Intemal Revenue Service for the type of business Consultant conducts; Establish an account with the Washington State Department of Revenue and othea' necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. D. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss Bremerton/HDR Engineering, Inc. Predesign for CSO and Storm System in Pacific Avenue Basin Page 4 of 7 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Contractor shall perform the work authorized under this Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 3027 Olympus Drive, Bremerton, Washington, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Contractor Address Dept. of Public Works & Utilities HDR Engineering Inc. 3027 Olympus Drive 500 - 108th Avenue NE; Suite 1200 Bremerton, Wa. 98310 Bellevue, WA 98004-5538 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of [Ireach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/HDR Engineering, Inc. Predesign for CSO and Storm System in Pacific Avenue Basin Page 5 of 7 13 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attomeys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VIII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and tl~e non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to tl~e completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity; and (4) negotiated and executed supplemental agreements between the City and Consultant for Consultant to perform extra work defined as tasks not included in the Scope of Work referenced as Exhibit A. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. Bremerton/HDR Engineering, Inc. Predesign for CSO and Storm System in Pacific Avenue Basin Page 6 of 7 CITY OF BREMERTON CONTRACTOR By: By: its: its: Approved as to form: By: Bremerton/HDR Engineering, Inc. Predesign for CSO and Storm System in Pacific Avenue Basin Page 7 of 7 Exhibit A CITY OF BREMERTON PACIFIC AVENUE BASIN PREDESIGN REPORT SCOPE OF SERVICES INTRODUCTION The City of Bremerton (City) operates a combined sewer system with several overflow sites. In the year 2000, the City completed an update to their Combined Sewer Overflow Reduction Plan and has been proceeding with projects proposed in the plan. Since the 2000 Update CSO Reduction Plan, the City has developed a downtown development plan. This plan includes a new convention center, hotel, residential units, and transportation improvements. The purpose of this contract is for I-IDR Engineering, Inc. (Consultant or HDR) to prepare a predesign report for the City's Pacific Avenue Basin, based on the updated CSO Reduction Plan and the downtown development plan. This report will re-evaluate the improvements required for the OF-16 (Pacific Avenue Basin) overflow site and the improvements required for the storm sewer system. SERIES 100 TASKS - PROJECT MANAGEMENT Task 101 - Project Management, Coordination, and Meetings Consultant Responsibili~es: 1. Contracting and internal project controlling and accounting 2. Staff administration and scheduling 3. Monthly reports and invoices Assumptions: 1. Standard invoices and reports will be prepared on a monthly basis 2. HDR standard monthly invoice format will be utilized. This format contains an itemized list of project staff who charged to the project, hourly rates, number of hours charged, and Other Direct Charges (ODCs). 3. Invoice hours will be classified by tasks. 4. No backup information (i.e. timesheets, logs, receipts, etc.) will be submitted with the invoices unless specifically requested by the City. Backup information will be available in HDR files for inspection by City project auditing staff, if requested by the City. 5. The City will maintain the role of overall project coordination with other governmental agencies. 6. No subeonsultants have been identified for this work. 7. This project will be completed in five months. City of Bremerton Pacific Avenue Basin Pre-design Report 1 Scope of Work / ~9 September 17, 2002 Work Products: 1. Monthly reports with descriptions of the work performed and cost of associated work. 2. Monthly standard invoice SERIES 200 TASKS - BACKGROUND AND EXISTING SYSTEM DOCUMENTATION Task 201 - Planning Information Consultant Responsibilities: 1. Incorporated planning information provided by the City into a technical memorandum documenting the planning aspects of the downtown development within the Pacific Avenue Basin. The memorandum will describe the service area of the combined sewer system and storm sewer system and the existing and projected land use of the basin. City Responsibilities: 1. Update City base maps of the sanitary, combined, and storm sewers. Map format shall be in both AutoCAD and hard copy format. 2. Provide existing land use mapping. 3. Provide projected land use mapping, based on future downtown development. Assumptions: 1. Planning information (current and future land use patterns) will be provided by the City. 2. Other pertinent planning information will be from the 2000 Update CSO Reduction Plan. Work Products: 1. Four copies of a technical memorandum formatted as the Planning section of the Predesign RepOrt. Incorporate review comments into the draft report of Task 404. Task 202 - Existing System Consultant Responsibilities: 1. Identify and prepare a map of areas suspect of being tributary to the CSO system. This map shall include approximately 10 residential parcels and 50 commercial parcels. 2. Prepare an 11 x 17 inch figure of the sanitary and combined sewer system to be included in the pre-design report. The figure will identify pump stations, sanitary sewer conveyance lines, and overflow structures. 3. Prepare an 11 x 17 inch figure of the storm sewer system to be included in the pre-design report. The figure will identify outfalls, storm sewer conveyance lines, and sanitary sewer overflow structures. 4. Prepare an 11 x 17 inch figure of the current land use to be included in the pre- design report. 5. Prepare an 11 x 17 inch figure of the future land use to be included in the pre- design report. City of Bremerton Pacific Avenue Basin Pre-design Report 2 Scope of Work September 17, 2002 /7 City Responsibilities: 1. Conduct dye testing of all areas identified by I-IDR as being suspect of being tributary to the CSO system. 2. Prepare maps of the Dye test results identifying areas tributary to the CSO system. Maps will be in an AutoCAD format. 3. Provide details of the existing pump stations that serve the basin including the number of pumps per station, pumping capacities, pump curves, pump motor sizes, design drawings if available, and record drawings if available. 4. Verify schematic drawings of the overflow structure and piping in the vicinity of the overflow. Assumptions: 1. No further investigations will be conducted to identify sources of inflow other than the dye testing performed by the City. Work Products: 1. Four draft copies of the figures to be included in the Pre-design Report illustrating the sanitary and storm sewer systems. SERIES 300 TASKS - SYSTEM ANALYSIS Task 301 - System Modeling Consultant Responsibilities: 1. Revise the HydraTM Version 6.0 hydrologic and conveyance system model of City of Bremerton sanitary and combined sewer collection system for the Pacific Avenue Basin, based on Dye testing results provided by the City. 2. The model will incorporate information provided by the City in Task 202. 3. The City's conveyance system model for Bremerton in Version 6.0 will be used as a basis for developing the Pacific Avenue Basin storm system model. 4. Define the drainage basin to model the storm water runoff conveyed by the combined system. 5. Use the model to predict wet season dry weather flows, wet weather flows generated by the October 30, 1997 storm event for the CSO Reduction Plan Update, and storm water flows from a Soil Conservation Service type lA storm pattern. City Responsibilities: 1. Identify the areas that are currently served by the combined system that will be separated. 2. Provide current stormwater planning and design standards. Assumptions: 1. Model all sewers. 2. HDR will use the City's licensed copy of HydraTM, Version 6.0. At the conclusion of this contract the model files and the software will be turned over to the City. City of Bremerton Pacific Avenue Basin Pre-design Report 3 Scope of Work September 17, 2002 Work Products: 1. HydraTM model for the Pacific Avenue Basin. 2. Use results from the model predictions as the basis for the pre-design alternative selection. Task 302- Pump Station Evaluation Consultant Responsibilities: 1. Provide pump drawdown test protocol for pump drawdown test of each pump station in the basin (CE-4 and CE-6). 2. Attend the pump drawdown test for the pump stations (CE-4 and CE-6). 3. Evaluate the operation of the pump stations CE-4 and CE-6 for future land use patterns. Assess alternatives to improve pump station operation, including alternate pumps (flatter pump curves), having a single pump station discharge to the Crosstown Pipeline, and maintaining the current configuration. City Responsibilities: 1. Perform pump drawdown test of each station in Pacific Avenue Basin (CE-4 and CE-6). Assumptions: 1. Determine peak sewer flows using the HYDRA model developed in Task 301. Flows analyzed will be for future land use. 2. Combined peak discharge from both pump stations will be limited to 2,630 gpm, which was the assumed peak discharge from both Pacific Avenue pump stations during the development of the CSO Reduction Plan Update. 3. Pump drawdown tests will be conducted on the same day. Work Products: 1. As specified in Task 303. Task 303- Washington Avenue Sewers Consultant Responsibilities: 1. Review the gravity capacity of the Washington Avenue Sewers for both current and future land use patterns. Assumptions: 1. Determine sewer flows using HYDRA model developed in Task 301. Predict flows for both current and future land use. 2. 'Washington Avenue Sewers' are those gravity sewer mains along Washington Avenue, not the mains along the beach below Washington Avenue. Work Products: 1. Four copies of a technical memorandum (covering topics of Task 302 and Task 303) formatted as the System Analysis section of the Predesign Report. Incorporate review comments into the draft report of Task 404. City of Bremerton Pacific Avenue Basin Pre-design Report Scope of Work September 17, 2002 SERIES 400 TASKS - DEVELOPMENT OF THE CSO REDUCTION PLAN AMENDMENT AND PRE-DESIGN REPORT Task 401 - Assessment of CSO Reduction Alternatives Consultant Responsibilities: 1. Develop CSO Reduction alternatives for both future planned development conditions: · With the Ferry Transit Tunnel Without the Ferry Transit Tunnel 2. Evaluate alternatives for reducing combined sewer overflows. The options include right-of-way and private property (commercial) separation, storage, treatment, and increased conveyance. 3. Perform a preliminary screening of alternatives based on estimated levels of reduction that are required to limit the discharge from the basin to 2,630 gpm. 4. Develop budgetary costs estimates for each alternative and use them in the preliminary screening. 5. Evaluate separation with regard to effectiveness, inconvenience during construction, cost, operation, maintenance and potential water quality impacts associated with increasing the volume of direct storm water discharge. 6. Evaluate inline and offline storage. Evaluate alternatives for reducing overflows with respect to the one untreated event per year criteria of the Washington State Department of Ecology. 7. Consider odor, maintenance, operation, constmctability, construction inconvenience, and costs in the alternative analysis. 8. Evaluate each individual reduction method (separation, storage, and convey & treatment). 9. Develop alternatives with regard to feasible reduction improvements. 10. Lead and facilitate two workshops with City personnel to identify and develop alternatives. ! 1. Use the HydraTM model to evaluate proposed CSO reduction improvements. City Responsibilities: 1. Participate in alternative development workshops. Assumptions: 1. Two alternative development workshops, covering both CSO and storm sewer alternatives. Each workshop will be one-day in length. 2. No additional field testing or sampling of combined sewage, storm water, or sanitary sewage will be performed. 3. The assessment of water quality impacts of the reduction alternatives will be based on existing information provided by the City, criteria established in engineering texts, professional journals or publications, and good engineering principles and practices. 4. CSO Reduction alternatives shall include the portions of the storm sewer system that are required for CSO reduction. 5. HYDRATM model will be used to determine the effectiveness of private property (commercial) separation. City of Bremerton Pacific Avenue Basin Pre-design Report 5 Scope of Work September 17, 2002 Work Products: 1. Workshop agenda and notes. 2. Four copies of a technical memorandum formatted as a section of the Pre-design report describing the feasible alternatives for reducing untreated overflows from OF-16. Incorporate review comments into the draft report of Task 404. Task 402 - Assessment of Storm Sewer Improvement Alternatives Consultant Responsibilities: 1. Alternatives will be developed for both the future planned development: · With the Ferry Transit Tunnel Without the Ferry Transit Tunnel 2. Alternatives will include conveying excess storm water in the basin from west to east, new storm outfall(s) as required, and upsizing existing storm outfall(s) as required. Perform a preliminary screening of the alternatives for improving storm sewer conveyance and disposal. Develop budgetary costs estimates for each alternative and use them in the preliminary screening. Evaluate separation with regard to potential water quality impacts and impacts on the existing storm system associated with increasing the volume of direct storm water discharge. Use the HydraTM model to evaluate proposed storm sewer improvements. City Responsibilities: 1. Participate in alternative development workshops. Assumptions: 1. Storm sewer alternative development workshops will be held in conjunction with the CSO alternative development workshops as described in Task 401. 2. No additional field testing or sampling of combined sewage, storm water, or sanitary sewage will be performed. 3. Stormwater outfall pre-design includes identifying the needed outfall(s) size and location and the permits required for the outfall(s) or modifications to outfall(s). 4. Storm sewer improvements necessary for CSO reduction shall be included in both the C§O reduction alternatives and the storm sewer alternative analysis. 5. Storm sewer improvements will be developed assuming the storm sewer system will provide complete storm drainage for the entire basin. Work Products: 1. Workshop agenda and notes. 2. Four copies of a technical memorandum formatted as a section of the Pre-design report. Incorporate review comments into the draft report of Task 404. City of Bremerton Pacific Avenue Basin Pre-design Report Scope of Work September 17, 2002 Task 403 - Selected Alternatives Consultant Responsibilities: 1. Refine and describe in further detail the selected alternatives from the previous alternative analysis, Task 401 and Task 402. 2. Prepare figures, to be included in the report, to illustrate the proposed improvements at individual sites. City Responsibilities: 1. Review the selected alternatives. Work Products: 1. Four copies of a technical memorandum formatted as the Selected Alternative section of the Pre-design will be prepared describing the selected alternative. Incorporate review comments into the draft report of Task 404. Task 404- Pre-design Report Consultant Responsibilities: 1. A draft Pacific Avenue Basin Pre-design Report will be developed from the technical memorandums of the previous tasks. 2. Upon receiving review comments from the City, HDR will incorporate comments and submit a final Pacific Avenue Basin Pre-design Report. 3. Develop a critical path schedule for sanitary and storm sewer improvements with respect to the planned downtown development. 4. Incorporate a condition assessment, provided by the City, and prepare a map of sewer improvements identified by the condition assessment. City Responsibilities: 1. Submit review comments of the draft Pre-design report to the Consultant. 2. Provide a schedule for the planned downtown development. 3. Provide a condition assessment write-up to be incorporated into the final Pre- design report. Provide design flows from the Marina Assumptions: 1. City provides current and future design flow information for the Marina. Work Products: 1. An 11 x 17-inch map of the condition assessment improvements provided by the City. 2. Ten copies of the draft Pacific Avenue Basin Pre-design Report. 3. Fifteen copies of the final Pacific Avenue Basin Pre-design Report. An electronic copy of the final report in Word version 6.0 will also be provided to the City. Task 405- CSO Reduction Plan Amendment Consultant Responsibilities: 1. A draft CSO Reduction Plan Amendment will be developed from the technical memorandums of the previous tasks. City of Bremerton Pacific Avenue Basin Pre-design Report Scope of Work September 17, 2002 Upon receiving review comments from the City, HDR will incorporate comments and submit a final CSO Reduction Plan Amendment. City Responsibilities: 1. Submit review comments on the draft CSO Reduction Plan Amendment to the Consultant. Assumptions: 1. City will submit the amendment to the CSO Reduction Plan to DOE for approval. Work Products: 1. Ten copies of the draft CSO Reduction Plan Amendment. 2. Fifteen copies of the final CSO Reduction Plan Amendment. An electronic copy of the final report in Word version 6.0 will also be provided to the City. Task 501- Additional Services Consultant Responsibilities: 1. Additional Services as requested by the City. No funds will be utilized without authorization from the City. City of Bremerton Pacific Avenue Basin Pre-design Report Scope of Work September 17, 2002 AGENDA BILL _ . BREMERTON CITY COUNCIL SUBJECT: Public hearing and ordinance regarding FOR AGENDA OF: Oct. 2~, 2002 amendments to BMC 21.02 Zoning Code to provide ORIaiNATINa DEPT: CommUnity Dey j/ for Senior Housing projects ' · - ' ORIGINATOR: Chris Hugo, D~r.- DCI~j~'{/~--- DATE SUBMITTED: Oct. 7 , 2002 2. CLEARANCES: (commelt] pq,tback if Admin Services ~ ~ Legal "' Fiscal/Budget '~-~ARD Operations HEARD 1 0/07/02 3. EXHIBITS: ordinance ,4'~, ~-t7 AMENDED ORDINANCE ATTACHED APPROV/~O~--~: MAYORk._~c-~--7 C~RESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Currently, nearly 20% of Bremerton citizens are 55 and older, and this percentage is expected to increase to 30% over the next generation. The Bremerton Municipal Code includes no provisions for senior housing projects designed for this specific population. The proposed code amendments provide opportunity to develop housing projects designed for the housing needs and lifestyles of seniors while insuring that the projects are compatible with the surrounding neighborhood. This initiative is also complementary to the housing goal of the Growth Management Act that directs local governments to meet the housing needs of all segments of society. 8. RECOMMENDATION: M,,,,,u i.u apptuvc Ordinanc~ Motion to pass Ordinance on on second reading. 9. RESPONSIBLE OFFICIAL: Director of Planning and Building ENFORCEMENT OFFICIAL: Director of Planning and Building EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED I DISAPPROVED DATE: 11. AGENDA BILL NO: [)o~ '"' /~, ¢ 2. CLEARANCE COMMENTS (com.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The rejection of this proposed ordinance will limit the opportunity to create special housing projects for seniors in residential neighborhoods. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES There will be no impacts on City resources if this ordinance is adopted. 7. RESEARCH SOURCES and ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 21.02.070 of the Bremerton Municipal Code relating to definitions and adding a new Section 21.02.305 to the Bremerton Municipal Code providing for senior housing complexes pursuant to a Type III special use permit in residential zones. WHEREAS, there is a need for the establishment of senior housing in the City; WHEREAS, the current provisions of Section 21.02 of the Bremerton Municipal Code do not contain provisions relating to the zoning requirements of senior housing complexes; and WHEREAS, the proposed zoning code amendment provides that senior housing complexes would be permitted in any zone that allows residential uses pursuant to certain standards and criteria through a special use permit; and WHEREAS, the Planning Commission conducted a public hearing on the subject zoning code amendment on June 25, 2002 and has recommended approval of that amendment; and WHEREAS, the Bremerton City Council conducted public hearings to accept public comments pertaining to the proposed amendment to consider the Planning Commission recommendation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Senior Housittg SECTION 1. Section 21.02.070 of the Bremerton Municipal Code entitled "Definitions" is hereby amended by adding definitions for "senior citizens" and "senior housing complex" to be inserted in said section in alphabetical order and to read as follows: SENIOR CITIZEN means an individual of 55 years of age or older. SENIOR HOUSING COMPLEX means a planned residential community, intended and operated for occupancy by senior citizens, which consists of any mix of detached single family or duplex dwellings and / or retirement apartments, wherein, at least 80% of the occupied units are occupied by at least one Senior Citizen. SECTION 2. A new section, Section 21.02.305, entitled "Senior Housing Complexes" is hereby added to the Bremerton Municipal Code to read as follows: 21.02.305 Senior Housing Complexes (a) Senior housing complexes may be allowed by a Type III special use permit in any zone that includes residential uses, subject to the following standards and criteria: (1) (2) (3) (4) the site must have direct access to an arterial street; the minimum site area shall be no less than two (2) acres; any structures shall not exceed the height limit of the underlying zone; a minimum of one parking space, located in a garage, carport or parking area contiguous to the unit, shall be provided for each dwelling unit; (5) with the exception of a community building / clubhouse for the exclusive use of complex residents, any accessory support use shall be located within a structure containing residential units and shall feature no exterior signage; (6) the overall density of the project shall not exceed the maximum density permitted in an underlying residential zone; (7) either attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals; 2 Senior Houst'ng (8) access to alternative transportation such as public transit or on-site shuttle services to access daily goods and services shall be demonstrated in the development plan; and (9) the applicant shall record a management agreement or covenants on individual properties to maintain the complex as a senior citizen complex. SECTION 3. Bremerton Municipal Code Section 21.02 Appendix Figure 840 is hereby amended to read as stated in Exhibit A attached hereto. SECTION 4. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a) is hereby amended to read as stated in Exhibit B attached hereto. SECTION 5. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor 3 Senior Housing ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of R?~LEGAL\Ordinances\Community Development\Senior Housing.doc ,2002 ,2002 Senior Housing EXHIBIT A PERMIT PROCESSING SUMMARY Figure 840 Administrative Hearing Examiner Hearing Examiner Cit~' Council DECISIONS Decision Open Hearing and Pre-Decision Closed Record Decision Open Hearing Decision Recommendation Type I Decisions (without notice) BMC 21.02.840 · Sign permits * * (on appeal) · Home occupation * *(on appeal) · Land uses permitted outright * * (on appeal) · * (on appeal) · Boundary line adjustment · Minor amendment to approved PUD * (on appeal) · Minor amendments to other permits * * (on appeal) · Temporary emergency wetland or * * (on appeal) stream permits · Clearing less than 2 acres * * (on appeal) · Grading less than 100 cu. yds. * *(on appeal) · Landscape plan * * (on appeal) · Site Plan review * * (on appeal) · Recreational vehicle 90-day permit * * (on appeal) · Building Permits ~ *(on appeal) · Alternative Setback *(on appeal) · Alternative Landscaping * *(on appeal) Type II Decisions (notice required) BMC 21.02.845 · Short Subdivison * *(on appeal) · SEPA Determination * *(on appeal) · Wetland or stream assessment * *(on appeal) · Wetland or stream development * *(on appeal) permit · Env. Area Determination *(on appeal) · Administrative Special Use Permit * *(on appeal) · Design Review * *(on appeal) · *(on appeal) · Plan or Code Interpretation * *(on appeal) · Minor alteration of approved plat Type III Decisions BMC 21.02.850 · Final Subdivision Plat * · Variance * · Non-administrative Special Use Permit * · Senior Housing Complexes * Type IV Decisions BMC 21.02.855 · Preliminary Subdivision Plat * * · Vacation of existing subdivision * * · Planned Unit Development * * · Major amendment to a PUD * * · Binding Site Plan * * · Rezone for specific properties or small area · Development Agreement Title 21 Appendix Figure 895(A) NOTICE REQUIREMENTS EXHIBIT B Page I of 2 O~ Z m Title 21 Appendix Figure 895(A) NOTICE REQUIREMENTS Page 2 of 2 Title 21 Appendix October 27, 2002 City Council Members City of Bremerton Subject: Proposed Senior Housing Ordinance "RECEIVED CITY COUNCIL OFfiCE" gATE_ I P/,~ e ,//0=~_ , .... Dear Council Members: I am writing as a lot owner and as President of the Reymont Homeowners Association (RHA). Our property adjoins an 11-acre parcel on which a "senior" housing complex has been proposed. The residential portion of Reymont consists of approximately 18 acres of which there are 25 building lots equaling approximately 8.5 acres. The remaining approximate 9.5 acres is common area (green belt) of tall firs, cedars, and maple trees. Next to our 18-acre residential area is an 11-acre parcel that is undeveloped. On February 26, 2002, Robert M. Brittell of B & R Holding LLC invited the landowners of the properties surrounding the 11 acres to an "informational" meeting. Mr. Brittell told of the plans to construct 72 senior housing units on approximately 5 acres (the other 6 acres were said to be wetlands) called Sylvan Way Meadows (SWM). Enclosed are copies of materials that were provided during that meeting. At that meeting several items were discussed including buffer areas, types of construction, access to Sylvan, senior-housing concept, general impact to our existing neighborhoods, etc. We were told that the developer had built a similar project in Sequim and that it was, and is, an asset to the community. Hearing that, my wife and I subsequently visited their Sequim senior-housing project. Although the Sequim project started out as rental units, they were later converted to individually owned "condos." They have, however, retained their minimum age requirement of 55 for all residences. The units are nicely kept. During that February meeting, we were told that zoning and other changes would have to occur prior to the sale and development of the 11 acres. Since that first meeting, we have not been informed of any additional "informational" or other meetings by anyone concerning the proposed SWiM senior housing project. We have recently become aware of a proposed City Ordinance that may affect the SWM senior housing project. We have questions and concerns about the proposed City Senior Housing Ordinance and how it could drastically change the status ofal__!l future "senior-housing" projects, including the SWIM projeet that ajoins our properties. The following are some of those concems and questions: 1. The proposed ordinance's definition of"senlor" housing would allow all units to house residents under the age of 55, including children, because only one resident per unit must be "senior" (define~ as 55 years of age or older). Additionally, 20% of the units, per the proposed City Senior Housing Ordinance, need not house any "seniors" at all. For the proposed SWM project, which is designed to have one-, two-, and three-bedroom units, assuming that just 2 people live in each of the 72 units, and that 20% of the units don't have any seniors (14 units) then, of its total 144 residents, only 58 individuals or 40% need be of a "senior" status. This percentage becomes even smaller if more that two individuals reside in a unit and the additional residents are less than 55 years of age. Most seniors wanting to live in a "senior complex" do not want the normal activities and commotion that is more common with children and non-senior individuals. Having as many as 60% (or more) of all residents "non-seniors," does not fulfill what most connote as "senior housing." In the February meeting, we were told that the SWM project would only house seniors (55+). This is what we would support. If any percentage other than 100% is allowed, who monitors the percentages to insure compliance - the City? How often is it to be checked? Who must move out if the percentage isn't met? If the rentals are later converted to individually owned condos, who will monitor the sales to insure that a senior citizen is the purchaser? And how will it be determined which units can be sold to someone under 55 per the 20% exemption? 2. A senior Housing Project, like the proposed SWM, may allow for substantially higher density, multi- family units than the neighborhood in which it is being placed. To lessen existing neighborhood impact, we suggest that the proposed City Senior Housing Ordinance address and mandate adequate separation of the high and low density "neighbors" by a combination of a fenced, landscaped, green belt. We suggest that such a green belt be at least 15 feet wide. 3. To protect the future continuity of adjoining high density, multi-family senior housing complexes with existing single-family structured neighborhoods, we suggest that the proposed City Senior Housing Ordinance address change of ownership such as when "senior rental" units convert to condos (like those previously mentioned in Sequim). We believe that the minimum age of 55 should prevail into perpetuity and be legally established within the property's Deed of Trust or permanent zoning documents. The current revision of the proposed City Senior Housing Ordinance addressed favorably two of our other concems. Those original proposed sections were modified to not allowed for a reduced number of parking spaces, and not permit increased density to 150% of that in the City's Comprehensive Plan for the area. However there is still a typo in the definition of a senior housing complex (the word "on" when "one" is meant). As only a comment concerning public transportation access, what constitutes "direct access" to daily goods and services? How is this measured? For example: would the proposed SWM meet that "definition" as its entrance will be approximately 1 block to Sylvan and another 34 blocks to the nearest bus stop with part of that walk up a very steep hill. That entire walk to the bus is on streets without curbs, gutters, or streetlights. Keeping in mind that this complex is for senior citizens, some of whom will no doubt be unable to drive, direct access to public transportation is vital and it should be defined as having a bus stop within a specified distance (e.g., 500 feet) of the center of the complex, measured along lighted sidewalks that meet City Code and American Disability Act requirements. Thank you for the opportunity to express our concerns, questions, and suggestions on the proposed City Senior Housing Ordinance and how it will affect the proposed 72-unit SWM project adjoining our neighborhood. Sincerely, Marshall B Miller III (373-9160) 3537 Sulphur Sp. Ln. NW Bremerton, Washington 98310 Sylvan Way Meadows 2/20/02 From: Robert M. Brittell To: Neighbors of Sylvan Way Meadows Subj: What do you think? My partner and I are planning on developing the property North of the Reorganized Church of Jesus Christ of Latter Day Saints at the West end of Sylvan Way, East of the Raymont project. You are invited to a meeting on February 26, 2002 at 6:00 PM at the main Kitsap library on Sylvan Way next to the post office. We would like to explain what we are planning to do with the property and get you thoughts on it. In general the concept is to develop 11-acres into an independent living retirement community for people 55 and over. The project will contain residential Units, community center, walking paths and exercise areas. The resident program will allow residents to be active within the site and immediate area. Providing a total retirement solution. Ph. 360-373-5486 B. & R. Holding L.L.C. Robert M. Brittell 5944 Illahee Rd. N.E. Bremerton, WA. 98311 Robert M. Brittell 5944 Illahee Rd. Ne. Bus (360) 373-5486 Brerr~ton Wa. 98311-9625 Home(3EK}) 373-5486 Page: 1 NOSU~IQNV $.~0Q¥311 A¥/A NYA'IAS AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON ORDINANCE RELATING TO INSURANCE REQUIREMETNS FOR ISSUANCE OF A PERMIT FOR WORKING WITHIN A CITY RIGHT-OF- WAY FOR AGENDA: 4~4~--2-~-and October 30, 2002 ORIGINATING DEPT: City Attorney ORIGINATOR: Roger A. Lubovich DATE SUBMITTED: October 10, 2002 2. CLEARANCES: (Comment on back if necessary) ROCOER~A. LUB,)0VYC-~,, City Atto~~'~ FISCAL & e EXHIBITS: ORDINANCE /~, ~l.~/cC AVAILABLE IN OCTOBER 23, COUNCIL PACKET 2002 F. NDORSEM. gI~T~.[5] ,~9..g/~TION [--1 APPROVED FOR SUBMITTAL: MAYOR ~~.~ "~ ./J~7_) ~,COUNCIL PRESIDENT ~7~]~¢.~.<--~i; 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Section 11.02.230 BMC relating to insurance requirements for issuing a pemfit to work within or use a City right-of-way may result in an unnecessary hardship for Bremerton residents. The proposed ordinance updates the provisions of Section 11.02.230 allowing the Director of Public Works .and Utilities to exercise discretion when requiring insurance for right-of-way permits issued to residents. 5. RECOMMENDATION: ~prove t. ~ ' n- £n:s~-~tiag- Move to pass Ordinance No.~ ~ i ~; on second reading 7. NOTICE OF ACTION: PULLED [] TA LED E] COUNCIL DIRECTIVE: e RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Director of Public Works & Utilities EXPIRATION DATE: n/a REVIEW DATE: n/a APPROVED [--] DISAPPROVED [--] AMEND?B: e AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOUR(~ES: 11. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: Ovtober-2~and October 30, 2002 ORDINANCE CREATING A NEW CH. 1.04 OF ORIGINATING DEPT: CITY ATTORNEY THE BMC ESTABLISHING A FRAMEWORK FOR ORIGINATOR: ROGER A. LUBOVICH CODE ENFORCEMENT DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) I~OG~R A. LUBO~'CH,. ~ity~tomsy/ OPE TIONS 3. EXHIBITS: ORDINANCE MEMORANDUM TO CITY COUNCIL ATTACHMENTS AVAILABLE IN OCTOBER 23, 2002 COUNCIL PACKET ENDORSEM~N~i[~ r ~ ~-~N~ATION [~] APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT ~/i':~,--~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions for code enforcement within the City of Bremerton are not adequate to effectively provide for enforcement of violations of City Codes. The proposed ordinance establishes a framework for code enforcement by adopting new procedures to be used in conjunction with the City's Administrative Heating Examiner process as established in Chapter 2.13 BMC. 5. RECOMMENDATION: proposed ordin an e ema4qrs,~diaS~ Move to pass Ordinance No. ~ ~[ ~ on second reading. 7. NOTICE OF ACTION: PULLED [-"] TABLED ~ COUNCIL DIRECTIVE: APPROVED 6. REsPoNSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED [-'] AMENDTCE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: 37 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON ORDINANCE RELATING TO PENALTIES FOR VIOLATIONS OF THE CITY BUILDING CODE, THE UNIFORM FIRE CODE, FIRE SPRINKLER CODE, FIRE ALARM CODE, AND FALSE ALARM CODE FOR AGENDA: Oc, tober-~ and October 30, 2002 ORIGINATING DEPT: CITY ATTORNEY ORIGINATOR: ROGER A. LUBOVICH DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) '~O't~ER A. LU!t~H, City Attome~--~''''''~ FISCAL & BUDGET CHAIRMAN Cff^ae AN 3. EXHIBITS: ORDINANCE /~v/',5, q ~2. 0 AVAILABLE IN OCTOBER 23, 2002 MAYO .... COUNCIL PRESIDENT COUNCIL PACKET APPROVED FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Sections 17.04.110 and 18.02.090 BMC do not provide for effective enforcement of violations of the City Building Code, the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code. The proposed ordinance amends Sections 17.04.110 and 18.02.090 in order to provide for more effective enforcement of violations through Chapter 1.04 entitled "Code Enforcement." 5. RECOMMENDATION: first read' Move to pass Ordinance No. ~ ~.~,7, & on second reading. 7. NOTICE OF ACTION: PULLED [] TABLED [-] COUNCIL DIRECTIVE: APPROVED [] 6. RESPONSIBLE OFFICIAL: Roger A. Lubov~ch ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED [-'] AMENDT~TE: 8. AGENDA BILL NO.: 35 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: Octeber 23 and October 30, 2002 ORDINANCE RELATING TO ENFORCEMENT OF ORIGINATING DEPT: CITY ATTORNEY VIOLATIONS OF THE ZONING CODE ORIGINATOR: ROGER A. LUBOVICH DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) '~/~IIG~ER A. [UB.~)VICH, ~City ~K'ff~mey, ~ FISCAL & ~UDGET ~A~~ OPE~TIONS CH~~ ENDORS~~T"~"-I MAYOR L~ 3. EXHIBITS: ORDINANCE AVAILABLE IN OCTOBER 23, 2002 COUNCIL PACKET APPROVED FOR SUBMITTAL: COUNCILPRESDENT ~-n~,_~_. z:d~:,~ ~-' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Sections 21.02.940 and 21.02.945 BMC result in ineffective enforcement of violations of the City's Zoning Code. The proposed ordinance updates these sections in order to provide for more effective enforcement of violations of the Zoning Code through Chapter 1.04 entitled "Code Enforcement." 5. RECOMMENDATION: Move to pass Ordinance No. ~75.~2 ! on second reading. 7. NOTICE OF ACTION: PULLED [-'] TABLED [-] COUNCIL DIRECTIVE: APPROVED RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: RogerA. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED [-] AMENT[-']EE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON ORDINANCE RELATING TO REMOVAL OF NUISANCE VEGETATION AND THE ENFORCEMENT OF CODE VIOLATIONS RELATING TO SAME FOR AGENDA: ~~nd October 30, 2002 ORIGINATING DEPT: CITY ATTORNEY ORIGINATOR: ROGER A. LUBOVICH DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) ROGER A. L~JBOVICH, City A~ FISCAL & BUDGET CHAIRMAN OPERATIONS CHAIRMAN 3. EXHIBITS: ORDINANCE J~f~', /'J~,',~,3- AVAILABLE IN OCTOBER 23, 2002 APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT c ~ ~ ~< COUNCIL PACKET 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Chapter 9.14 BMC relating to vegetation result in ineffective enforcement of nuisance violations. The proposed ordinance updates Chapter 9.14 in order to provide for more effective enforcement of nuisance vegetation violations through Chapter 1.04 entitled "Code Enforcement." 5. RECOMMENDATION: Move to pass Ordinance No. ~,2_.9 on second reading. 7. NOTICE OF ACTION: PULLEn I--I TABLED I'--] COUNCIL DIRECTIVE: APPROVED 0 RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED I'--] AMENq:E: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHF~R RESOURCES: 11. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: ~and October 30, 2002 ORDINANCE RELATING TO THE ORIGINATING DEPT: CITY ATTORNEY ENFORCEMENT OF VIOLATIONS RELATING ORIGINATOR: ROGER A. LUBOVICH TO GARBAGE AND REFUSE DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) - FISCAL & BUDGET C~~? OPERATIONS CHAIRMAN 3. EXHIBITS: ORDINANCE .fi:. ~/~.-~ :'~ AVAILABLE IN OCTOBER 23, 2002 APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT ~ ~s&;~.~..~ COUNCIL PACKET 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Chapter 6.04 BMC result in ineffective enforcement of violations of Chapter 6.04 relating to garbage and refuse. The proposed ordinance amends Chapter 6.04 in order to provide for more effective enforcement of violations relating to garbage and refuse through Chapter 1.04 entitled "Code Enforcement." 5. RECOMMENDATION: Mon~ it, approve" me ptupo~ Move to pass Ordinance No. ~ ~,0.:'? on second reading. 7. NOTICE OF ACTION: PULLED [-~ TABLED ['-] COUNCIL DIRECTIVE: APPROVED [--] e RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED AMENDE~ ~: 8. AGENDA BILL NO.: {_')._-~ - 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOUR(~ES: 11. RESEARCH SOURCES: 1. SUBJECT: ORDINANCE NUISANCES AGENDA BILL BREMERTON CITY COUNCIL PUBLIC HEARING ON FOR AGENDA: ~ and October 30, 2002 RELATING TO PUBLIC ORIGINATING DEPT: CITY ATTORNEY ORIGINATOR: ROGER A. LUBOVICH DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) ~I~O~ER A. LUB~OVICH, City At~ FISCAL & BUDGET (~HAIR~AN OPERATIONS CHAIRMAN 3. EXHIBITS: OmiNANCE AMENDED ORDINANCE ATTACHED APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT ./'~'_~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Title 9 BMC do not provide for public nuisances or for enforcement of public nuisance violations. The proposed ordinance adds a new chapter, Chapter 9.16 entitled "Public Nuisances," which defines and declares what constitutes a public nuisance and provides for enforcement of public nuisance violations through Chapter 1.04 entitled "Code Enforcement." 5, RECOMM~ Move to pass Ordinance No. ~.=2 z./ on second reading. 7. NOTICE OF ACTION: PULLED Z] TA LED Z] COUNCIL DIRECTIVE: APPROVED RESPONSIBLE OFFICIAL: Roger A. Lubovi~h ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED [] AMENDED~~ S. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACII.ITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 9 of the Bremerton Municipal Code by adding a new chapter, Chapter 9.16 entitled "Public Nuisances" defining and declaring what constitutes a public nuisance and providing for enforcement of public nuisance violations. WHEREAS, the current provisions of the Bremerton Municipal Code do not provide for adequate enforcement procedures for public nuisances; and WHEREAS, the City Council desires to add a new chapter to the Bremerton Municipal Code relating to public nuisances in order to provide for more effective enforcement of public nuisances including enforcement through Chapter 1.04 BMC; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 9 of the Bremerton Municipal Code is hereby amended by adding a new chapter, Chapter 9.16 entitled "Public Nuisances" to read as follows: Chapter 9.16 PUBLIC NUISANCES 9.16.010 PROHIBITED CONDUCT. It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in BMC 9.16.020 to be a public nuisance. As used herein, public nuisance means a nuisance which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal. 1 Public Nuisances 9.16.020 TYPES OF NUISANCES. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the director determines that any of these conditions exist upon any premises, the director may provide for the abatement thereof and monetary penalties may be assessed pursuant to Ch. 1.04 BMC, Code Enforcement: a. Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises, which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease- causing places, conditions or things: 1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; the carcass of any animal, manure, human urine and/or excrement, decayed waste or discarded food, meat, fish, animal or vegetable refuse or any putrid or offensive animal or vegetable matter; but nothing herein shall prevent the temporary retention of waste in approved appropriate covered receptacles; or 2. Any privies, vaults, cesspools, open containers of stagnant water, sumps, pits or like places which are not securely protected from flies and rats, or which are malodorous; or 3. An accumulation of material including, but not limited to, bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken stone, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials including lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials which not properly stored or neatly piled or is offensive to a reasonable person or in which flies or rats may breed or multiply; or Accumulation of any garbage and refuse as defined in chapter 6.04 BMC; Accumulation of yard trimmings, excluding properly maintained yard compost, or other matter which is offensive to a reasonable person; except for such yard debris 2 Public Nuisances that is properly contained for the purpose of composting and concealed so as not to affect the health, safety or depreciation of adjoining property. b. The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; or c. The existence of wrecked or disassembled trailers, house trailers, boats, tractors or other vehicle, appliance or machinery of any kind, or any major parts thereof; or d. The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank without first demolishing or removing from the premises such storage tank, or securely closing and barfing any entrance or trapdoor thereto or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access thereto; or e. The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance. f. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes people to gather in numbers sufficient to obstruct vehicular or pedestrian traffic. This subsection shall not apply to events, programs or parades authorized by the city. g. Any poisonous or harmful substance which is reasonably accessible to persons or to animals. h. Soils contaminated by dangerous waste, hazardous substances or hazardous wastes as those terms are defined in RCW 70.105.010. i. Nuisance vegetation as defined in Chapter 9.14 BMC; j. Lumber, wood, cardboard or other flammable material of any kind including, but not limited to, any hazardous materials or waste oil, gasoline or diesel products stored in such a manner as to constitute a fire hazard; k. Scrap metal, appliances, rubber, tools, implements, or parts or portions thereof, batteries, rope, rags, or plastic; 1. The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings 3 Public Nuisances or lots more than forty-five (45) days after the building becomes vacant or event or purpose for which the sign or structure was erected has passed; o. Buildings or structures which are abandoned, partially destroyed, or permitted to remain in a state of partial construction or partial demolition in such a state as to constitute an attractive nuisance; p. The failure to safely and completely close, maintain and secure all doorways, windows or other openings into vacant structures or to secure broken windows to secure the structure from unauthorized entry; q. Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing or giving away any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter 69.52 RCW, and every building or unit within a building wherein or upon which such acts take place. r. Unprotected and/or hazardous foundations and excavations; s. Land or property which because of conditions on site (whether its natural state or as a result of grading, surface water drainage or acts of nature such as earthquakes, rain, landslides, sinkholes and so forth) presents problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, including to adjacent property owners. 9.16.030 AUTHORIZED ACT NOT A PUBLIC NUISANCE. No act which is done or maintained under the express authority of a statute or ordinance can be deemed a public nuisance. 9.16.040 VIOLATION - PENALTY. a. Any violation of any provision of this chapter constitutes a civil violation Under Ch. 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. b. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. 4 Public Nuisanaes c. As an alternative to any other penalty provided in this chapter, pursuant to a violation of BMC 9.16.020(q), abatement proceedings may be instituted under Chapter 7.43 RCW. SECTION 2. Severabili~_. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ., 2002 day of ,2002 CAROL ARENDS, Council President Approved this day of ., 2002 ATTEST: CARY BOZEMAN, Mayor APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of ,2002 day of ,2002 R:\LEGAL\Ordinances\Code EnforcementXPublic Nuisances - final.doc Public Nuisances AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION OF INTENT TO FOR AGENDA: October 30, 2002 FORM UTILITY LOCAL IMPROVEMENT ORIGINATING DEPT: Public Works & Utilities DISTRICT ORIGINATOR: Robert Earl DATE SUBMITTED: October 17, 2002 2. CLEARA~I2E~ (Comment on back if necessary) GENE SAI~IPLE ,X~h,ec-~or of Public Works & Utilities R~ER ~A./~UBOVICH, City Att0m/~ey OP~TIO'NS CHAIRMAN ENDORSE _~~_ MAYOR '-"'"-~ ATIO~ 3. EXHIBITS: PROPOSED RESOLUTION APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT~ d'~~_-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City desires to provide for the improvement of a portion of the West 650 Zone distribution water main by forming a utility local improvement district (ULID) and assessing a portion of the cost of the improvement against the property specially benefited by the improvements. The attached resolution declares the City'!s intent to form the ULID, sets a date and time for the public hearing, and directs staff to take all steps necessary to accomplish the formation of the ULID. 5. RECOMMENDATION: Move to pass Resolution No. ,~ ~;~'7 on first reading. 7. NOTICE OF ACTION: PULLED [-] TABLED COUNCIL DIRECTIVE: APPROVED ~'] 6. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Director of Public Works & Utilities EXPIRATION DATE: REVIEW DATE: DISAPPROVED ~-~ AMENDED~~~'DATE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: RESOLUTION NO..~, ~ 77 A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring the City Council's intention to establish a Utility Local Improvement District for the purpose of improvement of a portion of the West 650 Zone distribution water main and setting a hearing date for November 19; 2002. WHEREAS, it is in the public interest to provide water main distribution service to a portion of the West 650 Zone; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. That it is the intention of the City Council of the City of Bremerton to order the improvement of a portion of the West 650 Zone distribution water main to be accomplished by installing a 12 inch water pipe, together with the doing of any and all other work in connection therewith as may be necessary to make such improvement a complete job, all in accordance with the plans and specifications on file in the Office of the City Engineer of the City of Bremerton, reference to which is hereby made for further particulars. The route along which the improvement is to be constructed is attached as Exhibit A and incorporated herein by reference. The territorial extent of the improvement is attached as Exhibit B and incorporated herein by reference. SECTION 2. The total estimated cost and expense of the improvements is declared to be $1,049,370, of which $120,716 of that cost shall be paid by the City and the remainder thereof to be borne by and assessed against the property specially benefited by the improvements to be included in a utility local improvement district to be established embracing as nearly as practicable, all the property specially benefited by the improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal t~ the increased true and fair value the improvement adds to the property. Such assessments shall be paid into the W650 ULID Project Account of the City's Current Water Fund for the payment of revenue bonds issued to pay the costs of the improvement. 1 Y~650 ULID SECTION3. The Director of Public Works and Utilities of the City of Bremerton, or his designee, is hereby directed to certify to the City Council at or prior to the date fixed for heating protests to said improvements, a description of the boundaries of the district, the estimated cost and expense of such improvement, and a statement of the proportional amount thereof which should be borne by the property within the proposed assessment district, a statement of the aggregate assessed value of the real estate, exclusive of improvements, within such proposed district according to the valuation last placed upon it for the purpose of a general taxation, together with the estimated amount of the cost and expense of such improvements to be borne by the lots, tracts, or parcels of the land or other property which shall be specially benefited thereby. The Director is also to submit a diagram or print showing thereon, the lots, tracts, and parcels of land and other property which will be specially benefited by the proposed improvement and the estimated amount of the cost and expense thereof to be borne by each lot, tract, or parcel of land or other property. However, such diagram will not be required where such estimates are on file in the Office of the City Engineer, together with a detailed copy of the preliminary assessment roll and the plans and assessment maps of the proposed improvement. SECTION 4. The City Clerk is hereby directed to give notice of the date of such hearing to each owner or reputed owner of any and all lots, tracts, or parcels of land or other property specially benefited by the improvement by mailing to the owner or reputed owner of tl~e property as shown on the tax rolls of the County Assessor, at the address shown thereon, a notice setting forth the nature of the proposed improvement, the total estimated costs, and the date of the heating before City Council, at least fifteen (15) days before the date fixed herein for such hearing. Notice must state that the actual assessments may vary from estimates so long as they do not exceed a figure equal to the increased true and fair value of the improvement, and the estimated benefits of the particular lot, tract, or parcel. SECTION 5. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in the official newspaper of the City of Bremerton for at least two successive issues, the first issue to be at least fifteen (15) days prior to the date herein fixed for said hearing, and said publication, together with the mailing of the notices hereinabove provided to the owners 2 W650 ULID or reputed owners of the lots, tracts, or parcels of land included in such improvement as hereinabove set forth, shall be due and legal notice to all concerned in said improvements. SECTION 6. All persons who may desire to object thereto are hereby notified to appear and present such objections at a public hearing before the hearing officer to be held at City Council Chambers, City Hall, 239 Fourth Street, Bremerton, WA 98337, on the 19th day of November, 2002, at 9:00 a.m. or later, which time and place is hereby set for heating of matters relating to said improvements and all objections thereto. SECTION 7. The City Council hereby designates Theodore Paul Hunter or James M. Driscoll, of the firm Driscoll & Hunter, as the appropriate officer to conduct the public hearing scheduled herein, and to report recommendations on the resolution to the City Council for final action. SECTION 8. Severabilit~. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 9. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this ., 2002. day of APPROVED AS TO FORM: CAROL ARENDS, Council President ATTEST: ROGER A. LUBOVICH, City Attorney R:\LEGAL\Files\Current Active Files\W650 ULIDLResolution of Intent (Hearing Examiner).doc 3 KATHLEEN MCCLUSKEY, City Clerk W650 ULiD Exhibit "A" LEGAL DESCRIPTION FOR WEST 650 ULID WATER LINE Beginning in the right-of-way of Wemer Road north of the NE comer and running west, lying parallel with the north line to the NW comer of the following described property: The E ½ of the SE ¼ of the SE ¼ of the NE ¼ except the N 30-feet for County Road. 202401-1-005-2006 Continuing west in the right-of-way of Wemer Road running parallel with the north line and approximately 1 O-feet east and parallel with the west line of the following described property: The west 30 feet of the west half of the southeast quarter of the southeast quarter of the northeast quarter of Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington. 202401-1-006-2005 Continuing south the center line of the ULID water main falls within the 30 easement in the following described legals: Attachment A-1 Job No. 671-002-972-004 TetraTech/KCM June 13, 2002 Parcel No. 202401-1-006 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER EASEMENT The west 3 0 feet of the west half of the southeast quarter of the southeast quarter of the northeast quarter of Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington. EXCEPT the north 30 feet for road. See Exhibit "B". Written by: R.J.W. Checked by: M.R.B. m:\engr\esm-jobs\67 ! \02\972\document~sr-20-1 -O06.doc WATER EASEMENT - Page 4 of 5 []202401-1-006.doc $9,.' 15,."~08,- 82:~3P BREMERTON CITY OF [SMT ~3.08 Kit$ap Co.. tlr Attachment A-2 TetraTech/KCM Job No. 671-002-972-0004 June 13, 2002 Parcel No. 202401-4-010 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER EASEMENT The west 30 feet of the following described parcel: That portion of Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: BEGINNING at the northeast corner of the northeast quarter of the southeast quarter; THENCE South 330.08 feet; THENCE West 649.37 feet; THENCE North 330.08 feet; THENCE East 649.37 feet to Point of Beginning. See attached Exhibit "B". Wdtten by: R.J.W. Checked by: M.R.B. f:\engr\esm-jobs\671\02\972\document~sr-20-4-010.doc WATER EASEMENT (Individual) - Page 4 of 5 [] 202401-4-010.doc //lllll Ul Ill~ i~ll/~//ll~ l~/ll~/I l~i/I Ill//Ill'age,:200209190173,4 ,:,£ , 89¢'19,..'~.r~88 82:83P B~RTON CITY OF ESOT ~3.88 KJt~ap Co, ~R Attac~hment A-3 TetraTech/KCM Job No. 671-002-972-0004 June 13, 2002 Parcel No. 202401-4-007 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER EASEMENT The west 30 feet of the north 330.08 feet of the following described parcel: That portion of Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: BEGINNING 330.08 feet south of the northeast comer of the northeast quarter of the southeast quarter; THENCE South 330.08 feet; THENCE West 643.37 feet; THENCE South 330.08 feet; THENCE West 6 feet; THENCE North 660.16 feet; THENCE East 649.37 feet to the Point of Beginning. TOGETHER WITH a water easement over the North 87 feet of the South 330.08 feet of the above described; See attached Exhibit "B". Written by: R.J.W. Checked by: M.R.B. m:\engr~esm-j obs,67 l \02LO72',documentXsr-204-007.doc WATER EASEMENT (Individual) - Page 4 of [] 2024014-007.doc 05/15/2882 8~':83F' BR£rJERTON CITY OF £$riT ~3.00 Kitsap Co, biff Attachment A-4 Job No. 671-002-972-0004 TetraTech/KCM June 13, 2002 Parcel No. 202401-4-006 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER EASEMENT A portion of the following description parcel: The southeast quarter of Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington: Beginning 660.16 feet south of the northeast comer of the southeast quarter; Thence South 330.08 feet; Thence West 643.37 feet; Thence North 330.08 feet; Thence East 643.37 feet to point of beginning, Said portion being a 30 foot wide sthp, lying 15.00 feet on each side of the following described centerline: COMMENCING at the said northeast comer of the southeast quarter; Thence along the east line of said subdivision, South 660.16 feet to the southeast comer-of said parcel; Thence along the south line of said parcel, west, 540.47 feet to the TRUE POINT OF BEGINNING; Thence N 01°31'12'' E, 161.23 feet; Thence N 43028'48" W, 141.42 FEET; Thence N 01°31'12" E, 68.97 feet to the north line of said parcel and the terminus of this centerline description; The sidelines of which shall be lengthened or shortened to begin and end on parcel lines. See attached Exhibit "B". f:\engr~esm-jobs\671 \02k972ktocumentXsr-204-006.doc WATER EASEMENT (Individual) - Page 4 of 5 la 202401-4-006-2009.doc $$/I$&°852 8~:83P t~BREMERTON CITY OF ESMT ~3.e8 Ki~s,4p Co, JlA Attachment A-5 TetraTech/KCM Job No. 671-002-972-0004 June 13, 2002 Parcel No. 202401-4-005 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER EASEMENT That portion of the south half of the southeast quarter of the northeast quarter of the southeast quarter of Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, being a 30 foot wide strip, lying 15.00 feet on each side of the following described centerline: COMMENCING at the southwest comer of said subdivision; THENCE along the southerly line of said subdivision, S 88o34'33'' E, 15.00 feet to the TRUE POINT OF BEGINNING; THENCE N 01°31'12'' E, 21.15 feet; THENCE N 46°31'12'' E, 141.42 feet; THENCE N 01°31'12" W, 209.34 feet to the northerly line of said subdivision, said point'being west 540.47 feet from the northeast comer of said subdivision AND the terminus of this Centerline description; All sidelines of which shall be lengthened or shortened to begin or end on subdivision lines. See attached Exhibit "B". Written by: R.J.W. Checked by: M.R.B. f:\engr\esm-jobs\67 l\02\972\document~sr-20-4-005.doc WATER EASEMENT (Individual) - Page 4 of 5 I~1202401-4-005 .doc BR£MERTON CITY OF ESMT $~3.88 Kitsap Co., WA Attachment A-.6 Tetra Tech/KCM Job No. 671-002-972-0004 June 13, 2002 Parcel No. 202401-4-004. EXHIBIT "A" LEGAL DESCRiPTION FOR WATER EASEMENT West 30 feet of the northeast quarter of the southeast quarter of the southeast quarter of Section 20, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington. See Exhibit "B". Written by: R.J.W. Checked by: M.R.B. f:Xen gr~sm-j obs,671 ~02~972ktocumentXsr-20-4-004.doc WATER EASEMENT (Partnership) - Page 4 of 5 gl 202401-4 -004. doc Attachment A-7 Job No. 671-002-972-0004 TetraTech/KCM June 13, 2002 Parcel No. 202401-4-003 EXHIBIT "A" FOR WATER EASEMENT The west 30 feet of the southeast quarter of the southeast quarter of the southeast quarter of Section 20, Township 24 North, Range 1 East, W.M, in Kitsap County, Washington. See Exhibit "B". Written by: R.J.W. Checked by: M.R.B. fSengrXesm-jobs\671 x02'072Xdocument'~r-204-003 .doc WATER EASEMENT (Parmership) - Page 4 of 5 [] 202401-4-003 .doc Attachment A-8 TetraTech/KCM Job No. 671-002-972-0004 June 17, 2002 Parcel No. 292401-1-018 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER EASEMENT The north 30 feet of the northwest quarter of the northeast quarter of the northeast quarter AND the north 30 feet of the west 30 feet of the northeast quarter of the northeast quarter of the northeast quarter all in Section 29, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington. See attached Exhibit "B". Written by: R.J.W. Checked by: M.R.B. m:\engr\esm-jobs\671 \02~972\document~sr-29-14318.doc WATER EASEMENT (Individual) - Page 4 of 5 i~1292401-1-018.doc I Illlfl HI till fill Illl illll lilllll Iii Ilill Illl [ill Page: 4 ot' 5 BREMERTON CITY OF ESMT ~3.88 Kitsap Co, WA Attacl~ment A-9 Exhibit "A" LEGAL DESCRIPTION FOR WEST 650 ULID WATER LINE Terminating in the following described property: Thc NW ¼ and the SW ¼ and the NE ¼ less the SE ¼ of the NE ¼ less the tax lot 39 and the W ½ of the NW ¼ of the SE ¼ less the tax lot 31. Except the following per Auditor File NO 9205140195: The NE ¼ of the NE ¼ in Section 29, Township 24 North, Range 1 East, W.M, in Kitsap County, Washington; Except the S 1/8 of the E ½ of the NE ¼ of the NE ¼ of said Section 29. 292401-2-002-2008. (,7 EXHIBIT "B" ULD BOUNDARY FOR THE WEST 650 ZONE That portion of Sections 20 and 29, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, more particularly described as follows: Beginning at the NW comer of the NE ¼ of the NE ¼ of said Section 29; Thence westerly to the NW comer of said Section 29; Thence southerly to the SW comer of said Section 29; Thence easterly to the SW comer of the SW lA, of the SE ¼, of said Section. 29; Thence northerly to the SW comer of the NW ¼, of the SE ¼, of said Section 29; Thence easterly along the south line of said NW ¼ of the SE ¼, 396-feet; Thence northerly to a point on the north line of the S 1/2 of the SW ¼ of the NW lA of the SE ¼ of said Section 29; Thence easterly to the NE comer of the said S 1/2, of the SW ¼, of the NW ¼, of the SE ¼, of said Section 29; Thence northerly to the NW comer of the E 1/2, of the NW ¼, of the SE ¼, of said Section 29; Thence easterly to the NE comer of the E ½, of the NW ¼, of the SE/1/4, of said Section 29; Thence northerly to the NW comer of the SE 1/4, of the NE ¼, of said Section 29;;Thence easterly to the SW comer of the S ½, of the E ½,of the S ½, of the S 1/2, of the NE ¼, of the NE ¼, of said Section 29; Thence northerly to the NW comer of the S ½, of the E ½, of the S lA, of the S ½,of the NE ¼ ,of the NE ¼, of said Section 29; Thence easterly to the NE comer of the S ½, of the E ½, of the S lA, of the S lA, of the NE ¼, of the NE ¼, of said Section 29; Thence northerly to the NE comer of said Section 29, being also the SE comer of said Section 20; Thence northerly to the NE comer of the SE ¼, of said Section 20; Thence northerly to the NE comer of the S ½, of the SE'¼, of the NE ¼, in said Section 20; Thence westerly to the NW comer of the S ½, of the SE ¼, of the NE ¼, in said Section 20; Thence southerly to the SW comer of the SE ¼, of the SE ¼ of said Section 20, also being the NW comer of the NE ¼, of the NE ¼, of said Section 29 and the Point of beginning. N ULID BOUNDARY WES T 650 ZONE WA TER MAIN y-~ PROP~ ~SED ULID BO .i U_ NDA R Y--~ 292401-2-002-2008 292401-I-018-2002 202401-4-005-2002 202401-4-004-2001 202401-4-005-2000 202401-4-006-2009 202401-4-007-2008 202401-4-008-2007 202401-4-009-2006 202401-4-010-200..~ 202401-1-005-200~ 202401- 1- 006-2005 202401- 1-007-2004 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: October 30 and Nov 6, 2002 ORDINANCE AMENDING CH. 11.04 BMC ORIGINATING DEPT: Public Works & Utilities RELATING TO LOCAL IMPROVEMENT ORIGINATOR: Robert Earl DISTRICTS. · DATE SUBMITTED: October 17, 2002 2. Cl~]g~: (Comment on back if necessary) 3. EXHIBITS: GEN Pub ill,Works & Utilities '~ PROPOSED ORDINANCE 'R&E~/A. LUBOVICH, City Att~-' FISCAL & B~DG~ET C I ~ OPEI~T~ONS~CHAIRMAN ENDORSEM~h~) MAYOR NU] APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of BMC Chapter 11.04 entitled "Local Improvement Districts" do not designate the proper authority pursuant to RCW 35.43.130 to make preliminary estimates and assessment rolls. The proposed ordinance adds a new section to Chapter 11.40, designating the Director of Public Works & Utilities, or his/her designee, as the proper authority for making the preliminary estimates and assessment rolls as required by RCW 35.43.130 and further ratifies all preliminary estimates and assessment rolls previously certified to the City Council. 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. 7. NOTICE OF ACTION: PULLED [] TABLED [] COUNCIL DIRECTIVE: on second reading. 6. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Director of Public Works & Utilities EXPIRATION DATE: REVIEW DATE: qDATE~ APPROVED [--] DISAPPROVED [--] AMENDED AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 11.04 of the Bremerton Municipal Code by adding a new section, Section 11.04.040 entitled "Preliminary Estimates and Assessment Rolls," authorizing the Director of Public Works and Utilities, or his/her designee, to make preliminary estimates and assessment rolls relating to the formation of local improvement districts and utility local improvement districts; and, ratifying all prior preliminary estimates and assessment rolls. WHEREAS, the current provisions of Chapter 11.04 of the Bremerton Municipal Code do not provide for the proper authority for making preliminary estimates and assessment rolls as they relate to the formation of local improvement districts (LID) and/or utility local improvement districts (ULID) in accordance with RCW 35.43.130; and WHEREAS, the City Council desires to designate the Director of Public Works and Utilities, or his/her designee, as the proper authority for making and certifying the preliminary estimates and assessment rolls relating to the formation of LIDs and ULIDs as required by RCW 35.43.130; and, WHEREAS, the City Council desires to ratify all prior cost estimates and assessment rolls made in connection wis the formation of LIDs and ULIDs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new section, Section 11.04.040 entitled "Preliminary Estimates and Assessment Rolls," is hereby added to the Bremerton Municipal Code to read as follows: 3;1- LID/ULID Cost Estimate Authorization 11.04.040 PRELIMINARY ESTIMATES AND ASSESSMENT ROLLS. The Director of Public Works and Utilities, or his/her designee, is hereby designated as the proper authority for making the preliminary estimates and assessment rolls relating to the formation of local improvement districts and utility local improvement districts and certifying the same to the City Council, together with all other papers and information pursuant to and as required by RCW 35.43.130. SECTION 2. All preliminary estimates and assessment rolls, together with all other necessary papers and information, previously certified to the City Council in connection with the formation of local improvement districts and utility local improvement districts are hereby ratified. SECTION3. Severabilit~. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force tea (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ., 2002 day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 2 CARY BOZEMAN, Mayor LID/ULID Cost Estimate Authorization ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the EFFECTIVE the ORDINANCE NO. day of ,2002 day of ,2002 R:\LEGALWiles\Current Active Files\W650 ULID\Cost Estimate Authorization Ordinance.doc 3 LID/ULID Cost Estimate Authorization ~ PUBLIC HEARING Revenue Sources for the 2003 Budget AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Oct. 30,2002 j::inance Dick S~unders Oct. ,22,2002 2. CLEARANCES;~mme, nt of back if necessary) Dir. Admin Serv./~ Council Operations 3. EXHIBITS: Preliminary Revenue Estimates APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT _~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City is required by RCW 84.55.120 to hold a public hearing on revenue sources of the General Fund. This hearing must be held prior to consideration of the City's property tax levy and must include a discussion of possible increases in property tax revenue. 8. RECOMMENDATION: No Council action is requested. 9. RESPONSIBLE OFFICIAL: Finance Director ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: $. IMPACT ON NON-PASSAGE; N/A 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: Title 84 RCW. 2003 GENERAL FUND REVENUES Based on Historical Data Unless Noted PROPERTY TAX: M & O Levy: 2002 Levy + 1% and New construction @ '02 Rate EMS Levy: 2002 Levy + 1% and New construction @ '02 Rate SALES TAX: CRIMINAL JUSTICE SALES TAX: WATER UTILITY TAX: SEWER UTILITY TAX: ELECTRIC UTILITY TAX: NATURAL GAS TAX: GARBAGE TAX: 2002 Actuals under Budget CABLE TV TAX: 2002 Actuals under Budget TELEPHONE TAX: B & 0TAX: BUILDING PERMITS 2003 adjusted for Increased Construction PARKING OPERATIONS: GRANTS Dept. of Justice - COPS More FEES AND CHARGES ALS Transpor~ Fees Fleet Repair Charges COURT FINES Traffic Infractions TOTAL MAJOR REVENUE SOURCES PERCENT OF TOTAL REVENUES 03 General Fund Revenue 77 2OO3 BUDGET 5,044,390 758,560 5,533,941 389,000 357,600 578,050 1,283,415 448,063 548,751 ' 437,995 1,303,915 2,250,000 315,000 866,000 250,000 345,499 489,243 433,800 21,633,222 84% Page 1 AGENDA BILL BREMERTON CITY COUNCIL J~_~eLU~.~T.;. ORDINANCE NO. Levying Property Taxes for Collection in 2003 FOR AGENDA Of: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Oct."2~ 2002 ~=inance Dick S~unders Oct. 11,2002 2. CLEARANCES; ~;~/~;ny~ent of back if necessary) Dir. Admin City Attor~ Fiscal and Budget ~' Operations ~ E NDORSE[~~ ~OVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR C~JNCIL PRESIDENT 3. EXHIBITS: Proposed Ordinance Schedule of 2002 and 2003 Levies 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. 8. RECOMMENDATION: I move to approve on first reading the ordinance levying property taxes for collection in 2003. I move to pass on second reading Ordinance No. ~ levying property taxes for collection in 2003. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Finance D, irector Mayor 1 ,~/31/03 N/A PULLED TABLED COUNCIL DIRECTIVE: lO. NOTICE OF ACTION APPROVED ~ DISAPPROVED AMENDED? L 11. AGENDA BILL NO: C~- .~l..~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will not levy property taxes in FY 2003 and will forego approximately $7 million of revenue in the General Fund and Bond Fund. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: As presented in the 2003 Budget. 7. RESEARCH SOURCES; Title 84 RCW and Kitsap County Assessor. 7¢ ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, levying Municipal Taxes on all the taxable property within the City limits of Bremerton for the year 2002 to be collected in the year 2003. WHEREAS, the City Council of the City of Bremerton attest that the populatima of the City of Bremerton is more than ten thousand; and WHEREAS, the City Council of the City of Bremerton has properly given notice of the public hearing held on October 30, 2002, to consider the City's revenue sources for the City's General Fund budget; and WHEREAS, the City Council of the City of Bremerton after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires an increase in property tax revenue from the previous year, in addition to that resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property and all allowable levies in order to discharge the expected expenses and obligations of the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, is hereby authorized for the 2002 levy in the amount of $49,625 which is a percentage increase of 1.0% from the previous year. SECTION 2. That an increase in the EMS property tax levy, in addition to the increase resulting from the addition of new construction and improvements to property and any 1 2003 Taxes increase in the value of state-assessed property, is hereby authorized for the 2002 levy in the amount of $7,462, which is a percentage increase of 1.0% from the previous year. SECTION 3. That a property tax levy for debt redemption, as previously authorized by the voters, at a rate sufficient to provide $1,171,117 needed to meet debt service obligations in 2003, is hereby authorized for the 2002 levy. SECTION4. Severabilit~. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ., 2002 day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney 2003 Ta.~es PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2002 ,2002 R:\LEGAL\OrdinancesWinance~.003 Taxes.ord.doc 2003 Taxes 23-Oct-02 CITY OF BREMERTON COMPARISON OF PROPERTY TAX LEVIES 2002 vs 2003 ASSESSED VALUATION: REGULAR BOND 2OO2 2003 1,509,101,899 1,483,385,595 1,568,585,817 1,541,855,859 3.94% 3.94% 59,483,918 58,470,264 TAX RATE ($$/1,000): O&M EMS FIRE BOND PUBLIC SAFETY BOND TOTAL 3.3000 0.4962 0.1502 0,0000 3.9464 3.2159 0.4920 0.1487 0.6109 4.4674 -2.55% -0.85% -1.03% 100.00% 13.20% -0~0841 -0.0042 -040015 0,6109 0.5210 TAX REVENUE: O&M EMS FIRE BOND PUBLIC SAFETY BOND TOTAL 4,962,516 746,249 222,805 5,931,570 5,044,390 758,560 229,207 941,910 6,974,067 1.65% 1.65% 2.87% 100.00% 17.58% 81,874 12,311 6,4O2 941,910 1,042,498 10/23/02Property tax comparison AGENDA B 'LL BREMERTON CITY COUNCIL o SUBJECT: ORDINANCE NO. SETTING RATES AND FEES FOR WATER FUND 401, WASTEWATER FUND 451, AND STORM WATER FUND 481 FOR 2003 DATE SUBMITTED: FOR AGENDA OF: Oct. 307 2002 ORIGINATING DEPT: Public Works & Utilities ORIGINATOR: W. Eugene Sampley, Dir, P,W&U Oct. 17, 2002 ..CLEARANCES: (Comm~jjn~.d~ .,~ ,~ 3. EXHIBITS: Director, PW & Util, iti _~_?' ~ ,ff~ f/z Ordinance No. Finance Director~ .,~'?/~/'~~.,,'~ -- City Attorney \~t~~ Finance & Budg&~mm.gr~'~ Opera ons Comm. ENDORSE _/E/E/E~ [1 MAYOR ~ 4. I~N [ ] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An increase in assessments, rates, fees, and charges is required in order to meet the ongoing maintenance, operation, capital, and debt service needs of the City's Water, Wastewater, Storm Water Utilities. In addition to these requirements, the increase in the Water Utility is proposed to reduce future dependency on timber harvest revenues currently used to supplement the ongoing operation of the Water Utility, and the Storm Water increase is required to offset application of Pa~vment-in-lieu-of-Taxes (PILOT) that was not previously applied to this utility. Staff recommends that assessments, rates, fees, and charges for Water Fund 401 and Wastewater Fund 451 as set forth in Chapter 15.06 BMC be amended effective January 1, 2003 in accordance with the attached Ordinance No. 8. RECOMMENDATION: A. Motion to approve the attached Ordinance No. . setting assessments, rates, fees, and charges for Water Fund 401, Wastewater Fund 451, and Storm Water Fund 481 upon first reading. B. Motion to pass Ordinance No. , setting assessments, rates, fees, and charges for Water Fund 401, Wastewater Fund 451, and Storm Water Fund 48 lupon second reading. 9. RESPONSIBLE OFFICIAL: Finance Director ENFORCEMENT OFFICIAL: Finance Director EXPIRATION DATE: REVIEW DATE: N/A N/A PULLED [l TABLED [ l COUNCIL DIRECTIVE: 10. APPROVED [ ] NOTICE OF ACTION DISAPPROVED [ ] AMENDED [1 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: o IMPACT ON NON-PASSAGE: Sufficient revenues will not be available to provide ongoing operation, maimenance, capital;and debt service requirements of the Utilities. Without the Water rate increase, there would be an exceptional, tmadvisable demand on forest harvest revenues to fund the Water Utility. Additionally, application of PILOT to Storm Water revenues without an offsetting rate increase xvould have a substantial impact on this utili~~. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT AND OTHER RESOURCES: These rates are required to meet the 2003 budget objectives. RESEARCH SOURCES: Chapter 15.06 BMC. ORDINANCE NO. AN ORDINANCE amending Section 15.06.015 of the Bremerton Municipal Code and Appendix A of said Section relating to assessments, rates, fees and charges for Municipal water, wastewater and stormwater services. WHEREAS, the City Council desires to amend the rates, fees and charges set forth in Appendix A of Section 15.06.015 of the Bremerton Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.06.015 of the Bremerton Municipal Code is hereby amended to read as follows: 15.06.015 INCORPORATION AND CPI ADJUSTMENT. Assessments, rates, fees and charges attached hereto as Appendix A and incorporated herein by this reference are hereby adopted. In addition to such other changes as may be approved by City Council, commencing January 1, and in January of each successive year thereafter, the fees, rates and charges in this section shall automatically be adjusted based upon the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, as published by the Bureau of Labor Statistics for the year ending June 30 of the previous year. SECTION 2. Appendix A of Section 15.06.014 of the Bremerton Municipal Code is hereby repealed in its entirety, and there is hereby created a new Appendix A attached hereto as Exhibit A and incorporated herein by reference. SECTION3. Section 2 of this Ordinance shall be effective January 1, 2003. The rates currently in effect as set forth in Appendix A of Section 15.06.014 on the date of adoption of this Ordinance shall remain in effect until January 1, 2003. SECTION 4. Severabili_t},. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION $. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of ,2002 day of ,2002 R:~LEGAL\Ordinances~2004 CPI Rates Ordinance.doc Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2003 Within City Limits Out~id¢,City Limits 2O03 GENERAL FACILITY FEES Water (per ERU) Wastewater (per ERU-) $ 244.00 $ 244.00 $ 369.00 $ 369.00 FRONT FO~TA(~E FEES Water Per Front Foot $ 20.00 Off Road Rate $ 1,000.00 Wastewater Per Front Foot $ 25.00 OffRoad Rate $ 1,250.00 Properties not included in ULID #327 $ 71.55 Fronting the sewer main in Northlake Way. Installed as part of the Kitsap Lake Sewer Extension Project. $ 30.00 $ 1,500.00 $ 37.50 $ 1,875.00 CONNECTION/INSPECTION FEES Water 3/4" $ 1,496.00 1" $ 1,500.00 1 1/2" $ 2,326.00 2" $ 2,427.00 Greater than 2" Actual Time & Materials Field Inspection Fees Water main extensions (per foot) $ 1.00 but not less than: $ 400.00 Pump Station $ 525.00 Miscellaneous (per hour) $ 42.00 Wastewater Lateral Connection at P/L $ 42.00 Lateral Connection at Main $ 262.50 Conveyance Facility Ext. (Per Foot) $ 1.30 but not less than: $ 315.00 Pump Station $ 525.00 Miscellaneous (per hour) $ 42.00 $ 2,244.00 $ 2,250.00 $ 3,489.00 $ 3,640.00 150% of Actual Time & Materials $ 1.50 $ 600.00 $ 787.50 $ 63.00 $ 63.00 $ 393.75 $ 1.95 $ 472.50 $ 787.50 $ 63.00 lof7 Within City Limits RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $ 5.20 1 inch $ 5.95 I 1/2 inch $ 8.45 2 inch $ 11.35 3 inch $ 21.55 4 inch $ 40.10 6 inch $ 142.30 8 inch $ 519.35 10 inch $ 1,854.25 12 inch $ 6,972.45 Commodity Charge (per HCF) $ 0.75 Fire Protection - Monthly Service Charge Service Size 1 inch $ 10.30 I 1/2 inch $ 15.50 2 inch $ 20.15 3 inch $ 22.20 4 inch $ 24.20 6 inch $ 30.20 8 inch $ 40.20 10 inch $ 56.35 12 inch $ 80.55 Commodity Charge (per HCF) $ 1.50 - For Useage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Meter Size 5/8 x 3/4" Base Charge (per account) $ 5.20 Commodity Charge 0 - 10 HCF/Billing No Charge Over 10 HCF/Billing (per HCF) $ 0.75 Tem~orary/C0nstmction Meter 1" Meter Deposit $ 100.00 Base Fee (.per month) $ 5.95 Set Up Fee $ 78.00 Hydrant meter Deposit $ 500.00 Base Fee (per month) $ 18.70 Set Up Fee $ 78.00 Equipment Loss/Damage Actual Time & Materials Commodity Charge (per HCF) $ 0.75 O#tside City, Limits 2OO3 $ 7.80 $ 8.90 $ 12.70 $ 17.10 $ 32.25 $ 60.25 $ 213.45 $ 779.05 $ 2,781.35 $ 10,458.70 $ 1.125 $ 15.50 $ 23.20 $ 30.20 $ 33.30 $ 36.25 $ 45.35 $ 60.30 $ 84.55 $ 120.80 $ 2.25 $ 7.80 No Charge $ 1.125 $ 100.00 $ 8.90 $ 117.00 $ 500.00 $ 28.05 $ 117.00 150% of Actual Time & Materials $ 1.125 2of7 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) Commodity Charge (per HCF) Duplex on 1 Meter or 2 Bldgs on 1 Meter Base Charge (per unit) Commodity Charge (per HCF) Multiple Family Base Charge (per unit) Commodity Charge (per HCF) Commercial I Base Charge (per account) Commodity Charge (per HCF) Commercial II Base Charge (per account) Commodity Charge (per HCF) Commercial III Base Charge (per account) Commodity Charge (per HCF) Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) Commodity Charge (per HCF) 0 - 5 HCF/Month Over 5 HCF/Month Seota~e Disposal (Per Gallon of Tank Capacity) Within CiO/Limits 2003 $ 11.60 $ 3.60 $ 9.20 $ 3.60 $ 9.20 $ 3.60 $ 17.15 $ 3.70 $ 17.45 $ 5.80 $ 17.30 $ 4.75 $ 7.20 No charge $ 3.60 $ 0.13 Outside City Limits 2003 $ 13.30 $ 4.15 $ 10.60 $ 4.15 $ 10.60 $ 4.15 $ 19.75 $ 4.25 $ 20.10 $ 6.67 $ 19.90 $ 5.46 $ 8.30 No charge $ 4.15 $ 0.13 3of7 Within City Limits 20O3 Outside City Limits 2003 RETAIL STORMWATER RATES Monthly Service Charge Single Family / Duplex Base Charge (per account) $ 4.50 Exception: Duplex w/2 Meters (per account) $ 2.50 Multiple Family Base Charge (per ISU) $ 4.50 Commercial Base Charge (per ISU) $ 4.50 Public School Districts (per account) $ 4.50 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $ 2.75 Multiple Family & Commercial Rate Adjustment Water Quality (per ISU) $ (0.50) Water Quantity (per ISU) $ (1.50) Stormwater Penalty New Multiple Family & Commercial development without on-site detention Charge (per ISU) $ 1.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A IMPROPER STORMWATER INFLOW RATES The following rates are established for Improper Stormwater Inflow, based upon the stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE RATE May 1, 2002 25% Stormwater Fee for Property May 1, 2003 50% Stormwater Fee for Property May 1, 2004 75% Stormwater Fee for Property May 1, 2005 100% Stormwater Fee for Property After May 1, 2005, the Improper Stormwater Inflow Rate will remain at 100% of the Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (# 451). 4of7 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee (non-refundable) OffiCe Scrvicos Account Maintenance Past Due Notice Lien Recovery Charge Duplicate Bill Charge Field Service, Pavement Restoration Charge (refimclable, if assessed and not required) Asphalt Concrete County Road Permit Wet Tapping (Water Main Only)* 8" and smaller - incl excavation & backfill 8" and smaller - service to property line 8" and smaller - tap only Greater than 8" *Does Not Include Pavcn~aent Restoration Charge Fire Hydrant Installation* *Does Not Include Pavement Restoration Charge Water Meter Reinstallation 3/4" & 1" 1-1/2" & 2" 3" and greater Water Meter Reactivation Water Meter Tampering Tampering Removal Tampering Reinstallation Cross-Connection Control Inspection Fire Service - Detector, Meter & MXU Storz Adapter Within Cit3, Limits $ 30.00 $ 5.00 $ 2.50 $ 100.00 $ 1.00 $ 800.00 $ 2,300.00 N/A $ 1,954.00 $ 3,513.00 $ 480.00 Actual Time&Mater~ls $ 4,003.00 $ 59.00 $ 93.00 Time&Materials $ 42.00 $ 132.00 Time & Materials $ 42.00 $ 310.00 $ 227.00 Outside City Limits 2003 $ 30.00 $ 5.00 $ 2.50 $ 100.00 $ 1.00 $ 1,200.00 $ 3,450.00 Cost $ 2,931.00 $ 5,269.00 $ 720.00 150%ofActual Time&Materials $ 6,005.00 $ 59.00 $ 93.00 Time & Materials $ 42.00 $ 132.00 Time & Materials $ 42.00 $ 310.00 $ 227.OO 5 of 7 Within City Limits 2003 MISCELLANEOUS (cont'd) Water Service Turn-off/Turn-on (Customer Request) Regular Hours After Hours N/C $ 105.00 Delinquency Notice $ 10.50 Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours After Hours $ 42.00 $ 105.00 Flow and Pressure Test (Uncertified) 3/4" & 1" meters only 1-1/2" & 2" meters only Larger than 2" $ 42.00 $ 84.00 Time&Materials Utility Plant Locates Regular Hours After Hours Emergency N/C $ 105.00 N/C Meter Test Fee (based on meter size) 3/4" & 1" 1-1/2" & 2" 3" or greater $ 93.00 $ 150.00 Time&M~erials Engineering Services* Plan Check Fees Main Extensions: per foot BUT not less than (Includes hydrants and appurtenances and connection to water system) Pump Stations Fireline Extension Irrigation Systems System Connections Miscellaneous (per hour) 0.22 210.00 $ 525.00 $ 84.00 $ 84.00 $ 84.00 $ 42.00 * Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rote (above). Outside CiW Limits 200~ N/C $ 105.00 $ 10.50 $ 42.00 $ 105.00 $ 42.00 $ 84.00 Time & Materials N/C $ 105.00 N/C $ 93.00 $ 150.00 Time & Materials $ 0.33 $ 315.00 $ 787.50 $ 126.00 $ 126.00 $ 126.00 $ 63.OO 6of7 MISCELLANEOUS (cont'd) Within City Limits Outside CiW Limits 2OO3 2003 Storm Drainage Plan Review Fees ** Preliminary Drainage Plans Residential Development $ 325.00 N/A Non-Residential Development $ 225.00 N/A Plus per ISU $ 10.00 Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $ 35.00 N/A 21 - 50 Lots $ 25.00 N/A 51 - 100 Lots $ 22.50 N/A 100+ Lots $ 20.00 N/A Minimum Charge $ 250.00 N/A Non-Residential Development per ISU $ 20.00 N/A Minimum Charge $ 300.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $ 250.00 N/A Storm Drainage Inspection Fees ** Residential Development (per lot) Non-Residential Development (per ISU) Minimum Charge Conveyance Fac. Ext. (per foot) Minimum Charge Unscheduled Inspections* (per site visit) $ 15.00 N/A $ 15.00 N/A $ 150.00 N/A $ 0.75 N/A $ 300.00 N/A $ 42.00 N/A *(Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) ** Does not apply to single family residence or duplex construction on an existing established lot. 7of7 City of Bremerton Notice of Public Hearing Bremerton Westside Wastewater Treatment Plant Wet-Weather Facilities Environmental Assessment The City of Bremerton proposes to construct new wet-weather treatment facilities at the site of the existing Westside Wastewater Treatment Plant (WWTP) in Bremerton, Washington. The proposed facility design would feature a High Rate Clarification (HRC) solids removal system and chlorine disinfection. The new facilities would be used to provide treatment for additional wet-weather combined sewer flows scheduled to arrive at the VWV'I'P in December 2002. As federal lead agency for the project, the Environmental Protection Agency (EPA) has prepared an Environmental Assessment (EA) consistent with the requirements of the National Environmental Policy Act (NEPA) that evaluates the impacts of the proposed project on health of the human environment. Alternatives to the proposal also evaluated in the EA include HRC treatment with UV Disinfection, and a No Action Alternative. As a condition of receiving federal funds for the proposed project, the City of Bremerton is required to hold a public meeting to discuss the environmental documentation that has been prepared for the proposed project and alternatives to the proposal that were considered...[The prbposed 'project will be presented at' I'a p~blic hearing on Wednesday, October 30, 2002 at 6:00pm in the City of b_B_remerton Council Chambers.t A draft of the proposed project's Environmental Assessment, including a b~ological assessment, an essential fish habitat assessment, and a cultural resources assessment will be available at 3027 Olympus Drive, Bremerton, WA 98310, during normal business hours, for public review prior to the hearing. The public is enCOuraged to attend the meeting to provide comments on the proposed project. Written comments may also be provided to the address or fax number listed below. Written comments must be received no later than November 1, 2002. All comments regarding the proposal will be evaluated by the EPA to determine if the EPA can prepare a Finding of No Significant Impact (FONSl) for the proposed project. For additional information, please contact: John Poppe, Wastewater Division Manager City of Bremerton Department of Public Works 3027 Olympus Drive, Bremerton, WA 98310 Telephone: (360) 478-2322 Facsimile: (360) 478-5018