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Home My WebLink About01/31/01 AGENDA CITY COUNCIL MEETING AGENDA JANUARY 31, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA - There are no Consent Agenda items 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) ~_..~--~ 9. NEW BUSINESS A. Addendum to Professional Services Agreement for Labor Negotiations (#AB01-027) Adoption of 1999 Bremerton Water System Plan (#AB01-028) HOME Program Recommendation (#AB01-029) / Acceptance by City of Real Property from the Navy for Conveyance to Kitsap Transit for / Provision of Public Transportation Services (#AB01-030) BLIC HEARINGS - ORDINANCES Ordinance No. 4752 (Second Reading) Vacating the North 35 Feet of the Alley North of 11th Street Place, between Pleasant Avenue and Highland Avenue (#AB01-022) ~ Ordinance No. 4753 (Second Reading) Vacating a Portion of 15th Street, located West of Warren Avenue and East of Broadway Avenue (#AB01-023) '" Ordinance No. 4754 (Second Reading) Vacating a Portion of Chester Avenue North 13th Street (#AB01-024) 11. PUBLIC HEARINGS'- RESOLUTIONS A. Resolution No. 2797, Supporting a Port of Bremerton Grant Application for Fiber Optic Installation (#AB01-031) B. Resolution No. 2798, Setting a Public Hearing Date of February 21, 2001, for Vacating approx. 210 feet of Yantic Avenue South of 1st Street and the Alley lying South of 1 ,t Street between Yantic & Hartford Avenues (#AB01-032) C. Resolution No. 2799, Setting a Hearing Date of February 21, 2001, for Vacating the Southerly 1,000 feet of Forrest Street between 1st Street and Kitsap Way (#AB01-033) D. Resolution No. 2800, Amending the Master Plan for Pendergast Regional Park for Construction of Indoor Athletic/Recreation Facilities (#AB01-034) E. Resolution No. 2801, Regarding the Second Tacoma Narrows Bridge (#AB01-035) 12. ADJOURNMENT OF MEETING EYE CF Project Title: The Eye of Bremerton Project Goals: Enhance growing redevelopment of downtown Bremerton while placing an historic marker. The telescope would become an event site. The common goal is to enhance downtown Bremerton. Objectives: Install telescope at Bremerton Transportation Center. Statement of Need: Downtown is really beginning to come alive and the BTC has become the welcome center to the City and community at large, we feel a telescope would be an excellent enhancement for visitors and commuters. We would like the City of Bremerton to be our £mancial partner for this project. The Eye of Bremerton could be tied to the celebration of the centennial, community development, pedestrian enhancement projects as well as a long-term historic symbol. The telescope would be free to use. Description of the telescope: Please see attached documentation for description, photo images and size specifications. The telescope has a step so it can be used by all ages. This make of telescope is being used in Seattle, Bush Gardens, Kennedy Space Center, Walt Disney World, etc. Financial Request: The telescope procurement costs will be in the range of $3,000. This request is to receive complete or partial funding for this project. Community Partner: Sinclair Landing Association Proposed Financial Partner: City of Bremerton The Eye of Bremerton Funding Proposal Page 1 /~a, dership THe or ~MERTON G roup Pa~icipants Greg Leicht Robyn Nagli Larw Schoeberl Tracy Thompson Jan Williams The "Eye of Bremerton" is a community project by a group from the 2001 Class of Leadership Kitsap. The objective of this project is to place a telescope at the Bremerton Transportation Center. The goal of this project is to contribute to the redevelopment of downtown Bremerton by placing a functional and historical marker at the new ferry terminal and transportation center. Tourists and residents will be able to view the bay and surrounding communities using the telescope. View from Site of Telescope Bremerton Transportation Center/Ferry Terminal Likeness of Telescope to be Installed Locations Where Equipment Installed Sears Tower World Trade Center Seattle Space Needle Universal Studios Walt Disney World Busch Garden Manufactured by: See Coast Manufacturing AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 01/3'1/01 ORIGINATING DEPT: Human Resources Addendum to Professional Services Agreement - Labor ORIGINATOR: Carol Conle¥ Negotiations DATE SUBMITTED: 1/18/'01 2_.. CLEARANCES.~.~ Comment o¥~.,~ if necessary) 3. EXHIBITS: Addendum to Agreement Budget Adjustment Rich Hanna, Treasurer: ~. David St. Pierre, Assistant City Attorney:,~l~ Fiscal & Budget Chairman: Operations Chairman: ~ ENDORSEMENTS INFORMATION APPROVED BY COUNCIL PRESIDE~IT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTI(~. .... / App~0~al of this Addendum to extend the term of Mr. Strickler's contract to December 31, 2001 and increase expenditures for labor negotiations by an additional $12,500.00, will allow the City to continue using the services of Howard Strickler as Chief Negotiator for the City in labor negotiations with the BPOG Sworn Officers bargaining unit as well as the Teamsters bargaining unit. Negotiations began in August 2000, however, no formal contracts have been agreed upon by the parties, and negotiations with these bargaining units continue. We ceased negotiations with the BPOG mid-October, and are going directly to mediation scheduled on February 14th and 28th. In addition, the IAFF contract expires December 31,2001, and we will need to utilize his services during these negotiations which will begin in August. A budget amendment of $10,000 will be required to increase the compensation in the Agreement to a total not to exceed to provide funding for this addendum. 8. RECOMMENDATION: Motion authorizing the Mayor to execute the attached Addendum to the Professional Services Agreement between the City and Strickler & Associates for Labor Negotiations services provided to the City, by extending the Term of the Contract to December 31, 2001, to increase expenditures for providing these services an additional $12,500 for a revised total contract amount of $30,000, and to authorize a budget amendment in the amount of $10,000 to provide funding for this addendum. 9. RESPONSIBLE OFFICIAL: Carol Conies/ ENFORCEMENT OFFICIAL: Carol Conley EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Failure to pass this motion would leave the City without a Chief Negotiator at the bargaining table or to represent the City's interests in mediation or arbitration before PERC. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: The additional amount of $10,000 for a new total amount not to exceed $30,000 to cover the cost of STRICKLER & ASSOCIATES performing the work as outlined in the attached Professional Services Agreement is available within the City budget. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Labor Negotiations Consultant Addendum To Contract The City of Bremerton ("City") and Strickler & Associates ("Contractor"), referred to collectively as the "Parties", enter into the following Addendum to Agreement for professional services: Whereas, the Parties desire to extend the Agreement for an additional twelve (12) months; The Parties agree as follows: Section II. Term: The term of this Agreement shall be extended from December 31, 2000 to December 31,2001. Section II: Compensation: Compensation is amended to read: This Agreement shall not exceed an additional Twelve Thousand Five Hundred Dollars ($12,500.00) for a new total not to exceed Thirty Thousand Dollars ($30,000). The Parties agree that all provisions of the original Agreement which are not in conflict with this Addendum to Contract shall remain in full force and effect. CITY OF BREMERTON STRICKLER AND ASSOCIATES Date: Date: LYNN S. HORTON, Mayor HOWARD STRICKLER, Contractor DEPARTMENTAL APPROVAL: CAROL S. CONLEY, Manager HUMAN RESOURCES APPROVED AS TO FORM: DAVID ST. PIERRE, Assistant City Attorney 3 PROFESSIONAL SERVICES AGREEMENT Labor Negotiations Consultant The City of Bremerton ("City") and Strickler & Associates ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Contractor will perform the services set out in the Scope of Work, which is attached as Exhibit A and incorporated by reference. The Scope of Work may be modified only pursuant to Section VI. D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term: This Agreement commences on June 1, 2000 and terminates on December 31, 2000, unless another date is substituted pursuant to Sections VI. D. or VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor in an amount not to exceed seventeen thousand five hundred dollars ($17,500.00). Contractor's charges and bills shall conform to the fee schedule attached 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, the City shall promptly process payment. 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. 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. Bremerton/Strickler & Associates Labor Negotiations Page 1 of 4 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. Hold Harmless: Each party shall be solely responsible for its acts and failures to act that arise in any way out of performance of this Agreement. Each party agrees to defend, indemnify, and hold harmless the other party from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act related to the performance of this Agreement. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports 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. 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. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address: Contractor Address: 239 - 4th Street 2865 Mt. Rainier Drive S. Bremerton, WA 98337 Seattle, WA 98144 Bremerton/Strickler & Associates Labor Negotiations Page 2 of 4 F. 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. G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. 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. I. 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. VII. 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. VIII. 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 the 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. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format, of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON CONTRACTOR By: By:. its: its: DEPARTMENTAL APPROVAL: By: its: Bremerton/Strickler & Associates Labor Negotiations Page 3 of 4 APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, City Clerk Bremerton/Strickler & Associates Labor Negotiations Page 4 of 4 CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: HUMAN RESOURCES Adjustment Number: 2001 #1 Approval Authority Required: ~--]Treasurer F-]Mayor r- Fiscal & Budget r~council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount DECREASE: INCREASE: General Misc. 10,000 Professional Services 10,000 NARRATIVE: This adjustment will provide for the extention of the professional services contract for labor negotiations. Department Head Signature Date Di rector Signatu re Date Treasurer Comments: mmended ~ Not Recommended Treasurer's-S'~'ux~.~__. Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Recommended [~ Not Recommended ~C~o~ Approved ~ Denied mmittee Signature AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 1/31/01 ORIGINATING DEPT: Public Works & Utilities Ordinance to Adopt the City of Bremerton Water System Plan ORIGINATOR: K. Cahall, Water Resources DATE SUBMITTED: 1/15/01 2. CLEARANCES: (comment~ssary) 3. EXHIBITS: Director, PW&U ~e~ ~ ~ City of Bremerton Water System Plan City Attorney . . Fiscal&BudgetComm ar at Committee 1/2b,/01 (COPy AVAILABLE FOR REVIEW IN WATER RESOURCES DEPARTHENT) Operations Comm. ~.x..,~ ~.-'i.~~~ ENDORSEMENT /~' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: State regulation, Washington Administrative Code 246-290-100, requires each drinking water system to prepare a Water System Plan every six years. This plan identifies present and future drinking water needs and sets forth a means to meet those needs in a manner consistent with Federal, State, and local laws. The attached Bremerton Water System Plan meets these requirements and has been approved by the Washington State Department of Health. 8. RECOMMENDATION: That the City Council adopt the attached City of Bremerton Water System Plan and authorize the Department of Public Works and Utilities to implement this Plan subject to City Administrative Policies and Procedures. 9. RESPONSIBLE OFFICIAL: PWR, II I~im. ntnr ENFORCEMENT OFFICIAL: PW&U Director EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED ~AMii~kD i 0 [~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (Continued): 4. SUMMARY STATEMENT (Continued): 5. IMPACT OF NON-PASSAGE: The City's water system would be in non-compliance with the Department of Health regulatory requirements. The City would be unable to meet future water needs as growth occurs and system improvements are needed in the service area. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES. EQUIPMENT, OR OTHER RESOURCES: Staffing: Additional staff time may be required and budgeted to implement programs in response to Safe Drinking Water Act compliance as outlined in the Plan. Bud_aet: The Plan outlines a capital improvements schedule. Facilities: Improvements and expansion of water system components are identified in the Water System Plan. Eauipment: Equipment upgrades are identified in the Plan. 7. RESEARCH SOURCES: WAC 246-290-100 Water System Planning Handbook, DSHS, 1997 Washington Department of Health Water System Design Manual, 1999 Bremerton Water Comprehensive Plan, 1992 ORDINANCE # ORDINANCE to adopt the City of Bremerton Water System Plan. WHEREAS, The City of Bremerton last prepared a water system plan in 1992; and WHEREAS, the City desires to plan for the future and growth in its water system service area; and WHEREAS, a water system plan provides a means to meet future water system needs; and WHEREAS, The City is required to formally adopt a Water System Plan under State Department of Health regulations promulgated under Washington Administrative Code 246-290-100; now and therefore: THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Adoption. That the attached City of Bremerton Water System Plan be adopted. SECTION 2. Effective Date: Adoption of this Water System Plan shall become effective ten (10) days from passage and publication. ATTACHMENT: City of Bremerton Water System Plan Update dated 1999 APPROVED by the City Council on the first reading this ~ day of ,2001. PASSED by the City Council of the City of Bremerton this __ day of , 2001. John Law Council President APPROVED this day of ,2001 Lynn Horton Mayor ATTEST: KATHLEEN L. MCCLUSKEY Clerk Ej WATER SYSTEM PLAN LI PDATE AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: January 31, 2001 HOME l~ecommendation ORIGINATING DEPT.: DED ORIGINATOR: Deborah Pearler-Stewart DATE SUBMITTED: January 22, 2001 2. CLEARANCES: 3. EXHIBITS: Fiscal and Budget Committee Heard at study session January 17, 2001 Operations Committee Heard at study session January 17, 2001 ENDORSEMENT X INFORMATION__APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUN{~IL ACTION: As a member of the Kitsap County HOME Consortium, the City of Bremerton receives an annual allocation of HOME funds from the Department of Housing and Urban Development (HUD) to expand the supply of safe, sanitary and affordable housing for Iow income persons. City Council is responsible to make the final determination concerning use of the funds. The Economic Development Department has received an application from the Low Income Housing Institute (LIHI) requesting $70,000 to determine the feasibility of purchasing the property at 704 Chester to develop affordable housing. We recommend awarding the funds for this purpose. 8. RECOMMENDATION: I move to allocate $70,000 from the HOME program to LII-II for predevelopment costs for the property at 704 Chester. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIA L: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: AGENDA BILL 2. CLEARANCE COMMENTS: None 5. IMPACT ON NON-PASSAGE: Project will not be initiated 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Acceptance by City of real property FOR AGENDA: January 31, 2001 from the Navy for conveyance to Kitsap Transit ORIGINATING DEPT: City Council for provision of public transportation services. ORIGINATOR: Glenna Malanca, Special~'~--Counsel DATE SUBMITTED: Jan. 26, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: / .-.._ ~-./~-~---~/~L'~C~..~ Provided at the January 24, 2001 Council meeting '"-GCLE~ )k~ALANCA, Special Counsel briefing. Updates will be available to Council ~--'~--~'..-"/~'~-'~/ ~,,~Z~,,~&..~.I members prior to January 31, 2001 Council meeting COUNCIL OPERATIONS COMMITTEE INFORMATION ITEM AT 1/24/01 Council Meeting FISCAL & BUDGET COMMITTEE ENDORSEMENT~ ~~RMATION [--] MAYOR ~ APPROVED FOR SUBMITS: COUNCIL PRESIDENT/.~..~ ~~_../' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Dick Hayes of Kitsap Transit presented to the City Council at its January 24, 2001 meeting the multiple contracts between the City, Kitsap Transit, the Navy and Sinclair landing Association, providing for the relation of certain Navy facilities, expansion of SR 304, improvements for the ferry terminal, and other ammenities. The City is asked to sign two documents, an Agreement'for Conveyance of Title and Assumption of Obligations, and a Purchase and Sale Agreement. Kitsap Transit is the lead agency in this project and has assumed responsibility for funding, as well as most liabilities related to the project. 5. RECOMMENDATION: Move to approve the proposed Agreement for Conveyance of Title and Assumptioin of Obligations and proposed Purchase & Sale Agreement between the City and Navy, and authorize the Mayor to execute both documents. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: ..,.~ ~ PULLED ~] TABLED ~] APPROVED [] DISAPPROVED ~] AME~E: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: Continued progress in the development of the ferry terminal and other waterfront developments will not move forward. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: None. Most potential liability of the City is indemnified by Kitsap Transit. 11. RESEARCH SOURCES: [~O1'-I ." W,'ITSClP TRI::INSlT Q DEPARTMENT OF ~:HE NAVY NAV&L 19~17 05LR.SU96-083 NAVSTA Breme~on AUG 39 ZOOO The Honorable Lynn S. Ho~on~ Mayor, Ci~ of Breme~on 239 4m Street ' Breme~on, WA 98337 Dear Maydr HoRon: Enclosed for your review are dra~s of the purchase and sale agreement and quitclaim deed for the ~nveyance of a Na~ parcel to the Ci~ for expansion of State Route 304 at the ferw terminal. A relocation plan will be appended to the ~urchase and sale agreement once it is completed by Naval Station Breme~on. Please fo~ard any comments or questions regarding the agreement and/or deed to Steve Lowe~ of my staff at 396-0905 or emai[ at ]owewsc~efanw.na~ac.naw. mil. On~ the agreement is signed it should be placed in your escrow account along with the quitclaim deed. The quitclaim d~d will be signed by, the Naw upon the satisfactow completion of the relocation work. Please do not ~mmence with the mlo~tion work without a signed purchase and sale agreement. Please ~ntact me at 396-0908 or email bmdvmd~efanw, na~ac.naw.mil ~ you have any questions. Sincerely, 'MICHAEL D. B~D~ Director, Real Estate Encl: (1) Draft Purchase and Sa~e Agreement (2) Draft Quitclaim Deed Copy to: Keith King Code N444.2KK Naval Sation Bmme~on 120 South Dewey Street Breme~on, WA 983~4-5020 Wendy Cla~ . Kitsap Transit 234 So~h ~coff Breme~on, WA 98314-5001 PUP, CHASE AND SALE AGREEMENT AGREEMENT by and between CITY OF BREMERTON, STATE OF WASHiNGTON, hereinal~er called the purchaser, and the United States o.f America, hereinafter called the seller, both collectively called the parties. RECITALS WI-[EREAS, The United States of America, acting by and through thc Department of Navy, is the owner of certain real property, consisting of 27,459 square feet of land and appurtenances in Kitsap County, Washington as described in Exhibit "A" attached hereto and made a part hereof, and; WHERF~S, The United States of America~ acting by and through the Department of Navy, intends to sell said real property under the authority of 40 U.S.C. 345c, and; WHEREAS, The City of Bremertorb a political subdivision of the State of Washington, in[ends to purchase said property. NOW THEREFORE, Thc parties covenant and agree as follows: 1. The seller agrees to sell and the purchaser agrees to purchase thc fo[lowing described rem/ property, hereinafter called "the property", together with thc buildings and improvements located thereon and all fights, easements and appurtenances thereunto belonging, subject to the terms and conditions set forth on this page and on the following six pages and to the additional provisions, if any, incorporated herein by attachment or reference as set forth below: That portion of Block I0, Block 11 and portions of vacated Washington.Avenue and Pacific Avenue all as shown on the PLAT OF THE TOWN OF BREMERTON as filed in Volume 2 of plats on Page 30, Records of Kitsap County, described as follows: Beginning at the northeast comer of Lot 5 of said Block 10; thence along the north line or,aid Block I0 and Block 1 I, Norff/88°24'52'' West 268.43 feet to an intersection with a curve concave to the northeast, the radius point of which bears in Nor'da 86°08'32" East 126.50 feet; thence southeasterly, along said curve an arc distance of 186.69 feet through a central angle of 84°33'24"; thence South 88~ 24'52" East 12.15 feet to the beginning ora 70 foot radlus curve concave to the south; thence southeasterIy along said curve an arc distance of 37.98 feet thxough a central angle of3I° 05'25" to the easterly boundary' of the Puget Sotmd Naval Shipyard as shown on a Record of Survey filed in Volume 41 of Surveys on Pages 205 through 215; thence along said easterly boundary North 38° 47'59" West 21.29 feet to the intersection of'he FROI~-'I :KIT$~P TRI::INSIT 360 3?? ?886 2801,81-88 16:32 #091 P.04,/13 northwesterly margin of said Washington Avenue and the west margin of an alley; thence along said west margin North 01° 35' 08" East 108.34 feet to the point of beginning. Area of described parcel is 27,459 square feet (0.63 acres) SUBJECT TO the following clauses, covenants, reverter clause, and my'easements of record or otherwise existing. 2. Except aa provided in paragraph 6 below, it is understood and agreed by the parties that property is solct "As is", and "Where is" and is absolutely without warranty or guaranty of any kind nature or description, as to quality, quantity, title, character, condition, size or kind, or that the property is in condition or fit for any purpose, including any purpose for which it is or may be intended by the purchaser, and that no claim for any allowance, damages or destruction will be considered or made. 2a. The property is sold subject to the purchaser completing the remodeling plans for Shipyard buildings 102g and 433, both plans incorporated by reference. 2b. The property, is sold subject to the purchaser completing the relocation plan transferring all listed items on the plan from building 497 to buildings 1028 and 433. 3. ,ks consideration for the sale and purchase of the property the purchaser shall pay, the sum of One dollar ($1.00) receipt of which is acknowledged. 4. Closing shall occur on the earliest practical date but in no event later than January 1, 2001. 5. Seller will convey its interest to the property by quitclaim deed2, subject to easements, covenants, and restrictions of record, and containing the covenants and reverter clause specified in paragraph 7. 6. Seller ha~ examined the property for ha~rdous substances and taken appropriate remedial action. A copy of the report concerning the above has been made available to the purchaser and is incorporated by reference. All remedial action necessary to protect human health and environment with respect to any h:,?ardous substance remaining on the property has been taken before the date of such transfer. Any additional remedial action found to be necessary after the date of closing shall be conducted by the seller. The seller shall have access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such transfer. 7. The following shall be in the quitclaim deed conveying the property: ~RO~-I :~ITSAP TRANSIT ~60 3?? ?086 2001,01-08 16:JJ #991 RESTRICTIVE COVENANT: The property that is the subject of this Restrictive Covenant has been the subject of a remedial investigation under the Comprehensive Environmental Response, Compensatio.n and Liability Act, 42 USC 9601 et, seq. The Department of' the Navy determined that no remedial action was necessary. This restrictive covenant is necessary to assure the continued protection of human health and the environment. Section I. The Property may only be used for roads/streets. Residential use of'the Prol~rty is prohibited. Section ~2. The owner of the Property must notify and obtain approval from the Department of Ecology, or from a successor agency, prior to any use of the Property that is inconsistent with the terms of this Restrictive Covenant. The Department of Ecology or its successor agency may approve such a use only after public notice and opportunity for comment, and only if the proposed use will not threaten human health or the environment. Section 3. The owner of the Property must give written notice to the Department of Ecology, or to a successor agency, of the owner's intent to convey any interest in the Property. Section 4. The owner of the Property and the owner's assigns and successors in interest reserve the figb. t under WAC 173-340-440 to record an instrument providing that this Restrictive Covenant shall no longer limit use of thc Property or be of any fixrther force or effect. However, such an instrument may be recorded only with the consent of the D~artrnent of'Ecology, or ora successor agency. The Department of Ecology or a successor agency may consent to the recording of such an instrument only after public notice and comment. ENVIRONMENTAL COVENANT: The United States of America, in accordance with 49_ USC 9620(h), hereby covenants and warrants to Grantee that seller has examin~ the propexty for hazardous substances and taken appropriate remedial action. A copy of the report concerning the above has b~en made available to the purchaser and is incorporated by reference_ All remedial action necessary to protect human health and the environment with respect to any hazardous substance remaining on the property has been taken before the date of this deed. Any additional remedial action found necessary after this date shall be conducted by the United States of America acting by and through the Department of the Navy. The United States of America shall have access rights to the property in any case in which remedial or corrective action is found to be nece. ssax7 niter the date of this deed. ARCHAEOLOGICAL RESOURCES COVENANT: The site has been identified a~ having potential to contain subsurface archaeological resources. Accordingly, the City of Bremcrton shall have subsurfac~ activities at the site monitored by a prof~sional archaeologist to ensure that any archaeological remains arc identified and evaluated. This monitoring shall apply to the KROM :EITSAP T~AN$IT 360 ~T? 708~ 2001,01-08 1~:33 #091 excavation in undisturbed areas or when the depth of the construction will penetrate below the previously disturbed surface. REVERTER CLAUSE: The Government conveys to the City of Bremerton the above described real property as an area to expand access to the Washington State Ferry Terminal. [fthe same is not used, or ceases to be used for such purposes, the property shall revert to the Government. PUR. CHASEK'S COVENANT: Thc Purchaser covenants for itself, its heirs, successors, and assigns and every successor in interest to the property hereby conveyed, or any part thereof, 'that said Purchaser and such heirs, successors and assigns shall not discriminate upon the basis of race, color, religion, or national origin in the use, occupancy, sale, or lease of the property, or in their employment pract, ices conducted thereon. The Government shall be deemed a beneficiary of this covenant and shall have 'the sole right to enforce this covenant in any court of competent jurisdiction. 8. Within thirty calendar days following the approval of this agreement by the Bremcrton City Council, the purchaser, at its expense, shall order a preliminary commitment for title insurance showing tide to thc property in the sellen Purchaser shall give written notice to the seller of any defects in sellers title within ten days of receipt of thc fitlc commitment Seller shall have sixty calendar days to cure such defects. If the defects in sellers tklc arc not cured, to purchasers satisfaction, purchaser may elect, by .written notice to the seller, to either conclude the transaction and accept title in its then current state or terminate this agreement. 9. Purchaser shall assume possession of the property upon payment of the purchase price, in tull and sat/zfactory completion of the conditions specified in paragraphs 2a. and 2b. 10. As of the date of assumption of possession of the property, the purchaser shall responsibility for care and handling and all risl~ of ios~ or damage to the property, both. real and personal, and have all obligations and liabilities of ownership except as provided in the en~,iromnental covenant. I i. Thc purchaser shall pay all applicabl~, taxes and fees imposed on fi.is transaction and shall obtain, at purchasers expense, and affix to all in.smm~ents of conveyance and security docuri~ents, if any, such revenue and documentary stamps as may be required by federal, state and local [aw. Ail imtruments of conveyance and security documents, if any, shall be placed on record in the manner prescribed by local recording statues, at purchasers expense. t2. If seller fails for any rea_son to perform its obligation as set forth herein; or title does not · transfer or vest in the purchaser for any reason although purchaser is ready, willing and able to close, seller shall promptly refund to the purchaser all mounts of money purchaser has paid, without interest, whereupon seller shall have no further liability to purchaser. 13. No member or delegate to the Congress or resident commissioner shall be admitted to any share or part of the contract sale or to any benefit that may arise therefrom, but this provision shall not be'construed to extend to the contract of sale if made with a corporation for its general benefit. 14. This agreement may be executed in counterpart, s, which shall be treated as originals for all purposes, and ail executed counterparts shall constitute one agreement, binding on all of the parties notwithstanding that all the parties are not signatory to the original or the same., counterpart. Any such counterpart shall be admissible into evid ,ence as m original against thc person who executed it. 15. Either parties failure to insist upon or enforce strict performance by the other party of any provision of, or to exercise any right under this agreement shall not be con~macted as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision in any other instance; rather the same shall remain in full force and effect. 16. The parties agree that each will be responsible for any legal fees incurred by them related to the conduct and closing of this transaction, including any future litigation resulting from or arising out of this transaction. In no case will the seller be expected or asked to pay or reimburse the purchaser for legal fees and/or cost incurred by them re~ulting from or arising out of this transaction md in no case Will the purchaser be expected or asked to pay or reimburse the seller for legal fees and/or cost incurred by them resulting from or arising out of this transaction. FRO[-1 :MITSAP TRRNSIT S~O ~?'7 '708~ 2OO1 ,01-08 ~:S4 #091 P.08/13 BUYER~ City of Bremerton SELLER., United States of America, by Department of the Navy BY BY Robert K. Uhrich City of Brcmcrton Director, Land Management/B~e Closure Engineering Field Activity, Northwest Naval Facilifie~ Engineering Command Real Estate Contracting Officer Date Date Approved as to form and legality: Jeffrey M. Denson Counsel Approved by Cadastral Dated: Signed: DOC:96-083-H1 Updated 4 August 2000 I='l~Ot"1 : I~.ITSAP TRANSIT 560 ~?? ?086 2881., 81-08 16:..34 #091 P, 09/'1:3 Filed for Record at Request of.' City of Bremerton When Recorded Return to: City of Bremerton 239 4~ Street Seattle, WA. p8134-1336 -, Attention: Mayor Horton Document Title: QuitcIaim Deed Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: United States of America Grantee's Name: City of Bremerton Abbreviated Legal Description: Portions of Blocks 10 & 11 in PLAT OF THE TOWN OF BREMERTON (Additional legal on pages I & 2 oft.he document) Assessor's Property Tax Parcel/Account Number: QUITCLAIM DEED In consideration of one Dollar ($1.00), receipt of which is hereby acknowledged, the UNITED STATES OF AMERICA, acting by and through the Department of the Navy, hereinafter called the GOVERNMENT, under and pursuant to the authority contained in 40 U.S.C. 345c hereby, remises releases and forever quitclaims to the City ofBremerton, a political subdivision of the State of Washington, any and alt of thc GOVERNMENT'S fight, title and interest, in ~nd to the land described as follows: That portion of Block I0, Block 11 amd portiom of vacated Washington Avenue amd Pacific Avenue ~ll ~ shown on the PLAT OF TI~ TOWN' OF BI~MERTON as filed in Volume 2 of Plal.s on Page 30, Record~ of Kitsap County, described as follows: Bcgirining at thc northeast comer of Lot 5 of said Block 10; thence along the north line of said Block 10 and Block 11, North 88°24'52" West 268.43 feet to an intersection with a curve concave to the northeast, ',.he radius point of which be~rs in North 86°08'32" East 126.50 feet; thence sou~.easterly along said curve an arc distance of 186.69 feet through a central angle of 84° 33'24"; thence South gg° 24'52" East 120.15 feet to the beginning of 70 fdot radiu~ curve concave to the south; thence southeasterly along said curve an ~c distance of 37.gg feet through Page 1 a central angle of 31' 05'25" to the easterly boundary of the Puget Sound Naval Shipyard as shown on a Record of Survey filed in Volume 4I of Surveys on Pages 205 through 215; thence along said easterly boundary North 38° 47'59" West 21.29 feet to the intersection of the northwesterly margin of said Washington Avenue and the west margin of an alley; thence along said west margin North 01° 35' 08" East 108.34 feet to the point of beginning. Area of described parcel is 27,459 square feet (0.63 acres) SUBJECT TO the following covenants, reverter clause, any easements of record or otherwise existing RESTRICTIVE COVENAlqT: The propert~ that is the subject of this P,.estrictive Covenant ha.~ been the subject ora remedial investigation under the Comprehensive t~nvironmenta[ Response, Compensation and Liability Act, 42 USC 9601 et. seq.. T~s restrictive covenant is necessary to assure the ~ontinued protection of human health and the environment. The Department of~e Navy with the U. S. Environmental Protection Agency's review a_nd the Washington State Department of Ecology's concurrence have determined that no remedial action is requited at this time; if the property is used for it*s intended purpose. However, the following restrictions are necessary to limit that use and protect human health and the environment. Section 1. The Property may only be used for roads or streets. Rcddentia[ use of the Propeay is Prohibited. Section 2. The owner of the Property must notify and obtain approval from the Department of Ecology, or from a successor agency, prior to any use ofthe Property ~hat is inconsistent with the terms of this Restrictive Covenant. The Dep .ax~tment of Ecology or its successor agency may approve such a use only after public notice"and opportunity for comment, and only if the proposed use will not threaten human health or the environment_ Section 3. The owner of the Property must give written notice to the Department of Ecology, or to a successor agency, of the owner's intent to convey any interest in the Property. Section 4. The bwner of the Property and the owner's assigns and successors in interest reserve the rigtit under WAC 173-340440 to record an instrument providing that this Restrictive Covenant shall no longer Limit use of the Property or be of any further force or effect. However, such an instrument may be recorded only with the consent ofth. e Department of Ecology, or of a successor agency. The Department of Ecology or a successor, agency may consent to the recording of such an instrument only after public notice and comment. Page 2 ENVIRONMENTAL COVENANT: The United States of America, in accordance with 42 USC 9620(h), hereby covenants and warrants to Grantee that seller has examined the property for h~;mrdous substances and taken appropriate remedial action. A copy of the report concerning the above has been made available to the purchaser and is incorporated by reference. Ail remedial action necessary to protect human health and the environment with respect to any hazardous substance remaining on the property has bectt taken before the date of this deed. Any additional remedial action found necessary after this date shall be conducted by the United States of America acting by and through the Department of the Navy. The United States of America shall have access rights to the property in any case in which remedial or corrective action is found to be necessary after the date of this deed. ARCHAEOLOGICAL RESOURCES COVENANT: The site has been identified as having potential to contain subsurface archaeological resources. Accordingly, the City of Bremerton shall have subsurface activities at the site monitored by a professional archaeologist to ensure that any archaeological remains are identified and evaluated. This monitoring shall apply to the excavation in undisturbed areas or when the depth of the construction will penetrate below the previously disturbed surface. REVERTER CLAUSE: The Government conveys to the City of Bremerton the above described real property as an area to expand access to the Washington State Ferry Terminal. If the same is not used, or ceases to be used for such purposes, the Government at it's sole option, may elect to have the property revert to the Oovemment. PURCHASER'S COVENANT: The Purchaser covenants for itself, its heirs, successors, and assigns and every successor in interest to the property hereby conveyed, or any part thereof, that said Pu[c. baser and such heirs; successors and assigns shall not discriminate upon thc basis of race, color, r¢ligi6n, or national origin in the use, occupancy, sale, or lease of the property, or in their employment practices conducted thereon. The Govemment shall be deemed a beneficiary of this covenant and shall have the sole right to enforce this covenant in any court of competent jurisdiction. Page 3 ~RO~4 :KIT$~P TRANSIT ~60 ~?? 708~ 2001,01-08 16:~ #091 IN WITNESS WHEREOF, THE GOVERNMENT has executed this QUITCLAIM Deed this ~ day of ,2001 UNITED STATES OF AMERICA By;. ROBERT K. UHRICH Director, Land Management / Ba~¢ Closure Re~l Estate Contracting Officer Naval Facilities Engineering Command For and on Behalf of the United States of Amerlea Department of the Navy ACKNOWLEDGMENT State of Washington County Of Kitsap I certify that I know or have satisfactory evidence that Robert lC Uhrlch is the person whom appeared before me, and said person acknowledged that he signed tiffs instrument, on oath stated that he was authorized to eXeCute the ins'axtment and acknowledged it as Director, Land Management and Base Closure, Real Estate Contracting Officer, Engineering Field Activity, Northwest, United States Department of Navy to be the free and voluntary act of such party for the uses and purposes mentioned irt the i.nsmmaent. Dated: Signed: Title: · My appointment expires Approved by Cada_~xal Approved as to form and Legality Dated: Dated: Signed: Signed: Page 4 3-/ ncla r and ng Bremerton Transportation Center (Impact to the Navy) ' ~ ' ~ ....... ~' ........ : :;,,~' :Near ';'-'.':.':' --~.-~z~ .,:~*--~__ il · ~ ~ ~ [ : ~.1: ......... [ '~ ........ . ...... Ii [." I~.:" ' :~ ~ ':' ! ' ,-~-~---'~ ..... ~ '~..-,."-.":.' '.- -' .': . ."; .,'~=' ........ -~;., ~;"' r.; "c · 'NE~~ , "'~:7;i- ,r=' 'J; ! J-:'.. i{..~(.(;i, ti ....... ''~e'- ..... ~{,., .', : ~ '; '.'--;~ ,~ ~ ~'2.~' ?,- ". '~;~;.-;'.:'..' .--: . ;, · ,¢¢' ~'-~"/.'5' ..' ;.~ , · ~ ' : . [".. " :, '~- J![:~J.:¢',.":{-';::.¢: ',~?,!-:.-'-<l , .", ';L .." ..':." '".>i ,i:"./ .,;~ .'-k?~ ~ .... . .... Remodeled, '.'x:'.!. ; ..... ~ ' . · . ( I ' : ' .~ ~ : -- :~ / '.' ~' . ' i . ' "i":"' ~{corl~ .... "":: ;<:¢;::%':* "' ' .... ' % ....... 7', . " , 7, ..... .-= ,' ~ ." ,:{: .: '. .. , .-. ........ .-.-,. ~2~-; 2,'2.,~.,.. - ..,: ~; · .fi ~ = 2.....~ ' ~ ;,.,.. ~¢... ~:.~ .[" _ .:L"';;.:-"[ - . . i.., :;, i .- ..... ,1 : · ,~ I ' , ;/.~: " 2. i " ' · ...... ' . :.' ' ~ / I,l.{fi;~ ...... ~. ~ . -; ..... t ........... .... ~;. ;,.. .., ..... / ~ , ., ;. '~{,, :.. , --.~ , .... ,.. ,..:: '.......', ·; .............. . ...... ....:.-~...- / . .~. , ;. · ~.~ ':~,4'¢: i ~, I ~1 I . ¢'/" i ' . {/ ." :., · " .':' ,I . ; ii' , *Relocation of rise ~' (~ ¢ o !! Phase 2: ' ..'r ~ :1 %'.-, -Relocation oFNESCOM fr0m:Bhildi~ ?4 .?, .....,{'.. . . . ;~ .,' ;. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE# "475'4 FOR AGENDA OF : JanuaryS, 2001 VACATING THE NORTH 35 FEET OF THE ORIGINATING DEPT: PW&U Engineering Div. ALLEY NORTH OF 11TM STREET PLACE ORIGINATOR: Jennifer Strehler, City Engineer BETWEEN PLEASANT AVENUE AND DATE SUBNjIO'TED,~'~. __January 10, 2001 2. CLEARANCES: (comment on bac v 3. EXHIBITS Director, ~ ~tilities ~V % -p-, ~.. A. Ordinance # '4~ ~ ~ City Attomey ~x_,[~ ~. B. Sitemap. Director, Community Development t~./ ~ trt C. Staff Report. Council Budget & Finance Committe~li~t. ?/Frd~'~) Operations Committee _~j~5; ~ ~ I~ ENDORSEMENT X __INFOj>,_M, ATION__ APPROVED BY COUNCIL ]~RZESIDENT FOR SUBMITTAL: MAYOR ~-~~/ ~_ COUNCIL PRESIDENT 5~~~ _ ~._~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has received a petition from Louis A. Cobb to vacate the north 35 feet of the alley north of 11th Street Place between Pleasant Avenue and Highland Avenue. A heating date of January 24, 2001 was set by City Council on December 27, 2000. This right-of-way consists of a portion of undeveloped right-of-way that is not needed for public use. The vacation is being requested by the abutting property owner to improve the property. Posting of the hearing notices and mailings to the adjacent property owners have been completed in accordance with State law and Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of the north 35 feet of the alley north of 11th Street Place between Pleasant Avenue and Highland Avenue. 8. RECOMMENDATION: B. Motion to pass Ordin~ce ~ ~ .ff ~ , vacating the no~ 35 feet of ~e alley north of 11~h Street Place between Pleas~t Avenue ~d Highl~d Avenue, on second read~g. 9. ~SPONS~LE OFFICIO: CiW Engineer E~ORCEME~ OFFICe: N/A E~TION DATE: ~VIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The area will remain right-of-way, which may restrict improvements of the area. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Vgay RCW 35. 79 Streets ab, Agenda Bills 2001, Cobb, Pleasant & Highland Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: THAT PORTION OF THE SW QTR OF THE NW QTR SEC 13, T 24 N, R 1 E, W.M. KITSAP CO. WA. ORDINANCE # ~ 75~- AN ORDINANCE Vacating the north 35 feet of the alley north of 11th Street Place between Pleasant Avenue and Highland Avenue. WHEREAS, Mr. Louis A, Cobb has petitioned to vacate this undeveloped right- of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following rights-of-way are hereby vacated to the adjoining property owners. THAT PORTION OF THE ALLEY ABUTTING LOT 2 IN THE PLAT OF BERGLAND'S FIRST ADDITION TO THE CITY OF BREMERTON, ACCORDING TO THE PLAT Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 1 RECORDED IN VOLUME 3 OF PLATS PAGE 74, IN KITSAP COUNTY, WASHINGTON. Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. Section 3. Effective date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,2001. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN E. LAW, Council President APPROVED this day of ,2001. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 2 896 oo ~o gg6 996 gg6 90[[ ~LLL ~LLL ~ ~o~ ~ ~ 906 ~ STREET VACATION REQUEST ALLEY BETWEEN PLEASANT AVENUE AND HIGHLAND AVENUE, NORTH OF 11TM PLACE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: January 24, 2001 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicants: Louis A. Cobb 1110 Pleasant Avenue Bremerton, Wa 98310 Location: The north 35 feet of the alley north of 11 th Place between Pleasant Avenue and Highland Avenue B. Attachment: Vicinity Map and Vacation Map BACKGROUND The applicant has petitioned the City of Bremerton to vacate the northerly 35 feet of the alley that abuts their property (approximately 420 square feet). The existing developed alley terminates at the south line of the applicant's property. A board fence was constructed on top of a small retaining wall which runs along the property line through the alley. The elevation at the alley is approximately three feet higher than the applicant's property. The vacation will eliminate a portion of undeveloped right of way, not needed for Public Use. RIGHT OF WAY CONDITIONS · Functional Classification Local Access · Existing R-O-W Width 12 feet · Proposed R-O-W Width N/A · Pavement Width None · Surface Type None · Curb and Gutter None · Sidewalks None November 7, 2000 Alley North of 11th Street Vacation Page 1 of 5 HEARING CONSIDERATIONS BMC ! !.20.120 sets forth issues that the City Council needs to determine at thc conclusion of thc Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the alley is not required for public use. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this improved right-of-way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public use. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No objections have been received from any abutting property owners to date. November 7, 2000 Alley North of 11th Street Vacation Page 2 of 5 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. There are no existing utilities located within this portion of the right-of-way. SUFFICIENCY OF SIGNATURES The request for the vacation was made by more than two thirds (on a front footage basis) of the property owners abutting the property to be vacated. COMPENSATION This is a Class III right-of-way as defined in Ordinance 4664. This type of right-of-way is limited to a public easement which is generally unimproved and for which no public funds have been expended in the acquisition or in the acquisition or providing improvements. No compensation is required for Class HI right-of-way. STAFF COMMENTS No objections were noted from Police, Engineering, City Attorney or Community Development staff. The Fire Department requires that Fire Department Access shall be maintained per the Uniform Fire Code and Bremerton Roadway Standards via another route. This vacation will not adversely impact the current ability of the Fire Department to access these lots. Staff recommends that this Street Vacation be approved as requested without modification. November 7, 2000 Alley North of ! 1th Street Vacation Page 3 of 5 View of alley from 11~ Place looking north. November 7. 2000 Allex' North of 11~' Street Vacation Page 4 ot~ 5 3-7 View of alley from applicant's property looking south. November 7. 2000 Alley North of I 1m Street Vacation Page 5 of 5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # 4-/~--:~., FOR AGENDA OF: January~A~, 2001 VACATING A PORTION OF 15TM STREET ORIGINATING DEPT: PW&U Engineering Div. LOCATED WEST OF WARREN AVENUE ORIGINATOR Jennifer Strehler, City EngineeL~ AND EAST OF BROADWAY AVENUE. DATE SUBMITTED: January 16, 2001 2. CLEARANCES: (comment on bac/~j~s~ 3. EXHIBITS Director, Public Works/Utilities ,ff t,,, ~P2~,,~ A. Ordinance # '5t'7~q'3 City Attorney ~4~~ B. Site Map. Director, Community Development t~7~ 13 C. Staff Report Council Budget & Finance Committe~..~_ ~ Operations Committee ~ I~~ ~ ~ ENDORSEMENT ~ '~ ~ ~-,, INF/O ~R~2I?/~. APPROVED BY COUNCIL(~. P1LES~ ENTz ~,~-~ FOR SUBMITTAL: MAYOR _ COUNCIL PRESIDENT ~f'Y ~/L/"_ ~.~-,- 4. SUM1V~kRY STA;rEMENT AND REQUIREMENT FOR COUNCtlf'ACTIOI~: The City has received a petition from Olympic College to vacate a portion of 15th Street located west of Warren Avenue and east of Broadway Avenue. A hearing date of January 24, 2001, was set by City Council on December 27, 2000. Posting of the hearing notices and mailing to the adjacent property owners have been completed in accordance with State law and Bremerton Municipal Code. This right-of-way consists of two-lane improved right-of-way with sidewalk on the north side. No other property owners abut this portion of the right- of-way. The connection to Warren Avenue has been blocked due to traffic conflicts on Warren Avenue. The roadway served for parking and access to the local residences that are to be removed when the applicant redevelops the properties. The vacation is being requested by Olympic College to consolidate their property for a campus redevelopment site. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of a portion of 15th Street located west of Warren Avenue and east of Broadway Avenue. On December 27, 2000, the City Council denied a request by the petitioner (Olympic College) for waiver of the required compensation in the amount of $13,450.15. As of this date, the petitioner has not submitted the required compensation to the City. Although City Staff recommends approval on first reading, if compensation is not received prior to second reading Staff does not recommend passage of the attached ordinance at this time. 8. RECOMMENDATION: Brm B. Motion to ~ass Ordinance # a portion of 15' Street located west of Warren Avenue and east of Broadway Avenue, on second reading. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION d~ a~lll~ ii~ PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO: Ci [" 0 3'3r-3 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The heating on the street vacation will not occur, and the fights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of-Way RCW 35. 79 Streets ab, Agenda Bills 200l, Olympic College, 15a' Street Vacation Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: NE QTR & SE QTR, NE QTR SEC. 14, T.24 N., R.I.E., W.M., KITSAP CO., WA ORDINANCE # AN ORDINANCE Vacating a portion of 15th Street located west of Warren Avenue and east of Broadway Avenue. WHEREAS, Olympic College has petitioned to vacate this developed right-of- way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel; and WHEREAS, the City Council waived the required compensation of $13,450.15, now therefore, Ordinance Vacating a Portion of 15th Street Page 1 THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1, Vacation. The following rights-of-way are hereby vacated to the adjoining property owners. THAT PORTION OF 15TM STREET LYING WEST OF THE WESTERLY RIGHT OF WAY OF WARREN AVENUE AND EAST OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF BREMERTON BY DOCUMENT FILED UNDER RECORDING NO. 146745. EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY DEEDED TO THE CITY OF BREMERTON BY DEED FILED UNDER RECORDING NO. 7905040045. SITUATE IN THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Section 2. Reservation of Easements. a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for operation, maintenance and repair of water lines, storm lines and sanitary lines over, under and upon the following real property: THAT PORTION OF 15TM STREET LYING WEST OF THE WESTERLY RIGHT OF WAY OF WARREN AVENUE AND EAST OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF BREMERTON BY DOCUMENT FILED UNDER RECORDING NO. 146745. EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY DEEDED TO THE CITY OF BREMERTON BY DEED FILED UNDER RECORDING NO. 7905040045. SITUATE IN THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. b. An easement is reserved for Cascade Natural Gas, Puget Sound Energy, Q West and AT&T for operation, maintenance and repair of gas, power, telephone and cable lines over, under and upon the following described real property: THAT PORTION OF 15TM STREET LYING WEST OF THE WESTERLY RIGHT OF WAY OF WARREN AVENUE AND EAST OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF BREMERTON BY DOCUMENT FILED UNDER RECORDING NO. 146745. Ordinance Vacating a Portion of 15th Street Page 2 EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY DEEDED TO THE CITY OF BREMERTON BY DEED FILED UNDER RECORDING NO. 7905040045. SITUATE IN THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Section 3. Effective Date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,2001. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN E. LAW, Council President APPROVED this day of ,2001. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Ordinance Vacating a Portion of 15t~ Street Page 3 ,,._ LL II LINCOLN AVE. ~T '~' __~ Iii- 50 40 57.08 42.~6 42.56 ~,2.,36 43.20 50 55 ,38 3~ 36 31.77 39.27 42.38 ~2.36 4Z36 3&20' 36 36 36 3~ 35 3~ 63.54 1~ARREN AVE. STREET VACATION REQUEST 15th STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: JanUary 24, 2001 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: Olympic College Michael Connolly 1600 Chester Avenue Bremerton, WA 98337-1699 Location: 15th Street located west of Warren Avenue and east of Broadway Avenue B. Attachment: None BACKGROUND The applicant has petitioned the City of Bremerton to vacate a portion of 15th Street Right-of-Way that abuts their property (approximately 3,900 sf). No other property owners abut this portion of the right-of-way. The connection to Warren Avenue has been blocked due to traffic conflicts on Warren Avenue. The roadway served for parking and access to the local residences that are to be removed when the applicant redevelops the properties. RIGHT-OF-WAY CONDITIONS · Functional Classification Local Access · Existing R-O-W Width 30 feet · Proposed R-O-W Width N/A · Pavement Width 24 feet · Surface Type Asphalt · Curb and Gutter Standard curb on the north side · Sidewalks 4 foot sidewalk on the north side November 15, 2000 15th Street Vacation Page I of 4 HEARING CONSIDERATIONS BMC '11.20.'120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of 15th Street is not required for public use. The connection to Warren Avenue has been blocked due to traffic conflicts on Warren Avenue. The roadway served for parking and access to the local residences that are to be removed when the applicant redevelops the properties. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this improved right-of-way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: No future use of this portion of right-of-way is anticipated. November 15, 2000 15th Street Vacation Page 2 of 4 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The petitioner, Olympic College, is the only abutting property owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Puget Sound Energy, Cascade Natural Gas, Qwest Communications and AT&T will retain easements. Permanent utilities easements are to be reserved for the existing City water, sewer and storm lines. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 100% of the owners abutting the property to be vacated. COMPENSATION The compensation amount has been determined utilizing the Kitsap County Assessor's land value of the abutting properties. The amount is $13,448.16, which is equal to one-half of the average property value of the abutting properties weighted on a front footage basis. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested with easements reserved for all existing utilities. November 15, 2000 15th Street Vacation Page 3 of 4 °'~ ~. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # 4-754 , FOR AGENDA OF: January 2_/4, 2001 VACATING A PORTION OF CHESTER ORIGINATING DEPT: PW&U Engineering Div~, AVENUE NORTH OF 13TMSTREET. ORIGINATOR Jennifer Strehler, City Engineer~_,~~ DATE SUBMITTED: January 16, 2001 2. CLEARANCES: (comment on back~ 3. EXHIBITS Director, Public Works/Utilities ' ~ _'7/'" _-- A. Ordinance # 47,~ '~ ~-'JCity Attorney ~ B. Site Map. Director, Community Develo, pment~ C. Staff Report. Council Budget & Finance Comm~tte¢~~ Operations Committee Z MAYOR ~__ COUNCIL PRESIDENT z'/',.,~./'d..<~'cT.)~ .... 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The City has received a petition from Olympic College to vacate a portion of Chester Avenue located north of 13th Street. A hearing date of January 24, 2001, was set by City Council on December 27, 2000. Posting of the hearing notices and mailing to the adjacent property owners have been completed in accordance with State law and Bremerton Municipal Code. This right-of-way consists of two-lane improved roadway with sidewalk on the west side. No other properties abut this portion of the right-of-way. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. A portion of the proposed area to be vacated has been maintained as landscaping and the adjacent property owners have used a portion as gravel shoulder parking. The vacation is being requested by Olympic College to improve the property for redevelopment. Specific items for City Council consideration are outlined tin the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of a portion of Chester Avenue located north of 13' Street. 8.. RECOMMENDATION: A,. Mc, tic, n to appreve the ~_~*o,-h,-4 B. Motion to p~s Ordin~ce ~ ~~ vacating a potion of Chester Avenue located no~h of 13~ Street, on second reading. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION Da~~l~~l~ PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The hearing on the street vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets ab, Agenda Bills 2001, Olympic College, Chester Avenue Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: SW QTR & SE QTR, NE QTR SEC. 14, T. 24 N., R.1E. W.M., KITSAP CO., WA. ORDINANCE # 4-7,~' ~ AN ORDINANCE Vacating a portion of Chester Avenue located north of 13th Street. WHEREAS, Olympic College has petitioned to vacate this developed right-of- way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel; and WHEREAS, the City Council waived the required compensation of $13,520.93, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Ordinance Vacating a Portion of Chester Avenue Page 1 51 Section 1. Vacation. The following rights-of-way are hereby vacated to the adjoining property owners. THAT PORTION OF CHESTER AVENUE LYING SOUTH OF THE SOUTH LINE OF THAT PORTION OF CHESTER AVENUE VACATED BY CITY OF BREMERTON ORDINANCE NO. 3596, RECORDED UNDER RECORDING NO. 8008210038, AND LYING NORTH OF THE NORTH RIGHT OF WAY OF 13TM STREET, SITUATE IN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Section 2. Reservation for Emergency Vehicles. Emergency vehicle access of a minimum of twenty feet shall be provided in accordance with the 1997 Uniform Fire Code along the entire length of the vacated streets. Such access requirement shall be subject to modification upon approval by the Fire Chief of the City, of a campus-wide emergency access plan to be developed by Olympic College. Section 3. Reservation of Easements. a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for operation, maintenance and repair of water lines and sanitary lines over, under and upon the following real property: THAT PORTION OF CHESTER AVENUE LYING SOUTH OF THE SOUTH LINE OF THAT PORTION OF CHESTER AVENUE VACATED BY CITY OF BREMERTON ORDINANCE NO. 3596, RECORDED UNDER RECORDING NO. 8008210038, AND LYING NORTH OF THE NORTH RIGHT OF WAY OF 13TM STREET, SITUATE IN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. b. An easement is reserved for Cascade Natural Gas and Puget Sound Energy for operation, maintenance and repair of gas and power lines over, under and upon the following described real property: THAT PORTION OF CHESTER AVENUE LYING SOUTH OF THE SOUTH LINE OF THAT PORTION OF CHESTER AVENUE VACATED BY CITY OF BREMERTON ORDINANCE NO. 3596, RECORDED UNDER RECORDING NO. 8008210038, AND LYING NORTH OF THE NORTH RIGHT OF WAY OF 13TM STREET, SITUATE IN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Ordinance Vacating a Portion of Chester Avenue Page 2 Section 4. Effective Date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,2001. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN E. LAW, Council President APPROVED this day of ,2001. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Ordinance Vacating a Portion of Chester Avenue Page 3 DOOR CB 1,0 × 2.0 'COp 194.6 ASPHALT C~ 1.0 X 2.0 T0P 194,8 ??? N INV lg4. o j ~2~7 ~ f/f3 BLOG ~~=17].9 ~F=200.( %~[_ 0TTOM 170.1 CONC ASPHALT (NO ENTRY) G~A~L FF--217.: F~=??? ;S CB 1.5 ' ~l'~'rl~ ~o~o~=~.o \ · t~ CP S [NV 194,9 ~ 6" CP SW INV 194.8 WA~R=1gs.5 _- ~ ~ z/9 I BRICK CORBEL S~UC~RE [ JMV I98,9 CB TOP 199.1 ~t:5 X 2.0TOP ~7.8 LtD IS CENTRED )rTOM~196.0 6" N INV 198.6 UNCOLN AVE. // ART 'A' ~T 'B' m BROADWAY AVE. 50 ~ '37.~ 42.~ 42.~ 42.J~ 43.20 50 ~ 38 ~ ~ 31.77 39.27 WARREN AVE. STREET VACATION REQUEST CHESTER AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: January 24, 2001 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: Olympic College Michael Connolly 1600 Chester Avenue Bremerton, WA 98337-1699 Location: Chester Avenue north of 13th Street to that portion of Chester previously vacated per Ordinance 3386. B. Attachment: None BACKGROUND The applicant has petitioned the City of Bremerton to vacate a portion of Chester Avenue Right-of-Way that abuts their property (approximately 10,524 st'). No other properties abut this portion of the right-of-way. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. A portion of the proposed area to be vacated has been maintained as landscaping and the adjacent property owners have used a portion as gravel shoulder parking. See the attached application for a sketch of the area in question. RIGHT-OF-WAY CONDITIONS · Functional Classification Local Access · Existing R-O-W Width 60 feet · Proposed R-O-WWidth N/A · Pavement Width 36 · Surface Type Asphalt · Curb and Gutter Standard curb on the west side · Sidewalks 5 foot sidewalk on the west side November 15, 2000 Chester Avenue Street Vacation Page 1 of 4 HEARING CONSIDERATIONS -' BMC '1'1.20.'120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of Chester Avenue Street is not required for public use. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this improved right-of-way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Ordinance 3386 made Chester Avenue a dead end street. No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: No future use of this portion of right-of-way is anticipated. November 15, 2000 Chester Avenue Street Vacation Page 2 of 4 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The petitioner, Olympic College, is the only abutting property owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Puget Sound Energy, Cascade Natural Gas and AT&T will retain easements. Utilities easements are to be reserved for the existing City sewer and storm utilities. All easements for existing utilities will be released upon redevelopment of the surrounding properties and alley and arrangements made for the utility relocations. Care shall be practiced for any work be done in the vicinity of the centeriine monument at the north side of the right of way of 13® Street. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 100% of the owners abutting the property to be vacated. COMPENSATION The compensation amount has been determined utilizing the Kitsap county Assessor's land value of the abutting properties. The amount is $16,206.77, which is equal to one-half of the average property value of the abutting properties weighted on a front footage basis. This amount has been paid by the applicant to the City of Bremerton. STAFF COMMENTS City Attorney, Department of Community Development, Police and Engineering supports this vacation. The Fire Department requires that Fire Department Access shall be maintained per the Uniform Fire Code and Bremerton Roadway Standards. Staff recommends that this Street Vacation be approved as requested with easements reserved for all existing utilities. November 15, 2000 Chester Avenue Street Vacation Page 3 of 4 ._,, Looking North to Chester Avenue November 15, 2000 Chester Avenue Street Vacation Page 4 of 4 Looking North to Chester Avenue November 15, 2000 Chester Avenue Street Vacation Page 4 of 4 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ~o, ;$/'7 q '7 FOR AGENDA OF: January 31,2001 Resolution to Support a Port of Bremerton Grant ORIGINATING DEPT: Executive Application for Fiber Optic Installation ORIGINATOR: Mayor Horton DATE SUBMITTED: January 24, 2001 2. CLEARANCES: (comment on back if necessary) 3. 'EXHIBITS Resolution No. ,~-7 q '7 Operations Committee ~ ~ Fiscal & Budget Committee ENDORSEMENT )<~ ~[F~TION APPROVED BY COUNCIL P~/.S_xlDENT/~.OR SUBMITTAL: MAYOR ~/,. - ,-- COUNCIL PRESIDENT .--//.z-/',.-/~.,...~- ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This is a Resolution of support and a statement of prioritization by the City of Bremerton for the application by the Port of Bremerton for Qwest Settlement Telecommunications Project Assistance funding to provide broadband fiber optic telecommunications services throughout the Port's industrial and airport properties. 8. RECOMMENDATION: I move that Council, by Resolution No. ,~ c~ , support a Port of Bremerton Grant Application for Fiber Optic Installation. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVEEDA~: AED COUNCIL DIRECTIVE 11. AGENDA BILL NO: O t - C 3 } RESOLUTION NO. ~'-] q '7 A RESOLUTION of support and a statement of prioritization by the City of Bremerton for the application by the Port of Bremerton for Qwest Settlement Telecommunications Project Assistance funding to provide broadband fiber optic telecommunication services throughout the Port's industrial and airport properties. WHEREAS, the City of Bremerton Comprehensive Plan calls for economic diversification, the expansion of primary family wage jobs and a reduction in the reliance on federal government related business as a top priority and a primary goal; and WHEREAS, the Port of Bremerton's industrial and airport properties adjacent to the City are well located to serve the citizens of Bremerton, particularly the neighborhoods of West Bremerton which suffer disproportionately higher unemployment rates than other areas of Kitsap County; and WHEREAS, the City recognizes that advanced telecommunication facilities are key to the recruitment and growth of high technology businesses that will help fulfill the economic development and job creation goals of the community; and WHEREAS, the City further recognizes that improved telecommunication capital facilities planned and built through intergovernmental cooperation and public-private parmerships are needed to adequately serve business properties and to help promote economic diversification and opportunity; and WHEREAS, the State of Washington Community Economic Revitalization Board is soliciting applications for funding under a Qwest Settlement Telecommunications Project to advance the availability of telecommunication facilities to benefit the public, the state and region; and WHEREAS, the Port is applying for said funds to provide diverse and redundant broadband fiber optic telecommunication facilities throughout its 1700-acre industrial property in southwest Kitsap County. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF TItE CITY OF BREMERTON THAT: The City of Bremerton highly supports and hereby states its very high local prioritization of the Port's application for Qwest Settlement funds to provide broadband fiber optic telecommunication infrastructure and services throughout the Port's industrially designated lands adjacent to the City of Bremerton in southwest Kitsap County. PASSED by the City Council of the City of Bremerton this __ day of ,2001 --ti~' £a~, Cg~c~President AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # o~ '7 ~' f~., FOR AGENDA OF: January 31,2001 SETTING A HEARING DATE OF FEBRUARY 21, ORIGINATING DEPT: PW&U Engineering Div.,,.~ 2001, FOR VACATING APPROXIMATELY 210 ORIGINATOR: Jennifer Strehler, City Engineer/'t~jr'> FEET OF YANTIC AVENUE SOUTH OF 1sT DATE SUBMITTED: January 19, 2001 ~ STREET AND THE ALLEY LYING SOUTH OF 1sT STREET AND BETWEEN YANTIC AND HARTFORD AVENUES. 2. CLEARANCES: (comment on 3. EXHIBITS Director, Public Works/Utilities A. Resolution # City Attorney B. Site Map. Director, Community Development Council Budget & Finance Committee ~ "~~ Operations Committee~~'~~-- ENDORSE_ME, IfF 5(' ~TION APPROVED BY COUNCIL PRES)I~ENT EDR SUBMITTAL: MAYOR"x..~/~x._...; )dj. COUNCIL PRESDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has initiated the vacation of approximately 210 feet of Yantic Avenue south of 1st Street and the alley lying south of 1st Street and between Yantic and Hartford Avenues. These rights-of-ways have not been developed and the terrain consists of hilly, steep slopes that are not needed for public use. This is a Class III right-of-way and compensation is not required. The City Council is requested to establish a hearing date of February 21, 2001, to consider the proposed vacations. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # ~-'1 q ~ setting a hearing date of February 21, 2001, for the vacation of approximately 210 feet of Yantic Avenue south of 1st Street and the alley lying south of 1 s~ Street and between Yantic and Hartford Avenues. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED 440 COUNCIL DIRECTIVE 11. AGENDA BILL NO: O ! - O ~/;k 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The hearing on the street vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35.79 Streets ab, Agenda Bills 2001, Yantic Avenue RESOLUTION NO. '~-'"'/~ ~J A RESOLUTION proposing the right-of-way vacation of approximately 210 feet of Yantic Avenue south of 1 st Street and the alley lying south of 1st Street and between Yantic and Hartford Avenues. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: 1. A petition has been received to vacate approximately 210 feet of Yantic Avenue south of 1st Street and the alley lying south of 1 st Street and between Yantic and Hartford Avenues. 2. A public heating will be held on February 21, 2001, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. 3. If fifty percent or more of property owners abutting said right-of-way file written objections to this action prior to the time set for public hearing herein, the hearing shall be canceled and there shall be no further proceedings under this resolution. PASSED by the City Council of the City of Bremerton This day of ,2001. JOHN E. LAW, Council President FOREST AVE PERSHING AVE BREMERTON ~ z BLVD W. ~ ~ AVE · O0~AV~ 4000 DORA AVE · : 03 CHARLOTTE t~ ---I ~: BERTHA CONSTITUTION AIVE S. MARION AVE W ~ MARION AVE SUMMIT S. S. :OFF N AVE ~ S, AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ,~l '"} ~ q, FOR AGENDA OF: January 31, 2001 SETTING A HEARING DATE OF FEBRUARY 21, ORIGINATING DEPT: PW&U Engineering Div/h 2001, FOR VACATING THE SOUTHERLY 1,000 ORIGINATOR: Jennifer Strehler, City Engineer FEET OF FORREST STREET BETWEEN 1sT DATE SUBMITTED: January 19, 2001 ~7 STREET (VACATED) AND KITSA~ WA.~flf~ Director, Public Works/Utilities c-,_ b(~ ~'Me't--~ ,--~' AT Resoluti'--~on # fl,'-/ c( C/ City Attorney ~J~_ .. J~l/'t/---~--- B. Site Map. Director, Community Development /'ff/¥t~C~ Council Budget & Finance Committee ~~/~//' .~_j_,~.~ _.) Operations Committee ~//~-//-~x~ - ~~ __ APeROVED BY COUNCIJ..~IhR~SIDENT FOR SUBMITTAL: M YO V cou ., 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has initiated the vacation of the southerly 1,000 feet of Forrest Street between 1st Street (vacated) and Kitsap Way. Forrest Street is approximately 1,600 feet in length. It begins at the southerly right-of-way of Kitsap Way and has been developed for approximately 600 feet. The remainder of the right-of-way is undeveloped. The terrain for the undeveloped portion of the right-of-way is hilly with steep slopes that are not needed for public use. This is a Class III right-of-way and compensation is not required. The City Council is requested to establish a hearing date of February 21,2001, to consider the proposed vacations. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # o71-"]c~ ~ setting a hearing date of February 21, 2001, for the vacation of the southerly 1,000 feet of Forrest Street between 1st Street (vacated) and Kitsap Way. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED __ APPROVED DISAPPROVED COUNCIL DIRECTIVE D~TE.'~ 11. AGENDA BILL N0: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The hearing on the street vacation will not Occur, and the fights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets ab, Agenda Bills 2001, Forrest Street RESOLUTION NO. ~ '~ ~ ~ A RESOLUTION proposing the right-of-way vacation of the southerly 1,000 feet of Forrest Street between 1*t Street (vacated) and Kitsap Way. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: 1. A petition has been received to vacate the southerly 1,000 feet of Forrest Street between Street (vacated) and Kitsap Way. 2. A public hearing will be held on February 21, 2001, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. 3. If fifty percent or more of property owners abutting said right-of-way file written objections to this action prior to the time set for public hearing herein, the hearing shall be canceled and there shall be no further proceedings under this resolution. PASSED by the City Council of the City of Bremerton This day of ,2001. JOHN E. LAW, Council President SEE MAP 32 SEE MAP 26 KITSAP COUP I I I I W. LANSING AVE W. BAY ... ~. FOREST AVE AUDREY ~ PERSHING BREMERTON ~ .~ z BLVD W. .~ ~_~ AVE -NATIONAL, AVF. SUNDOWN oo~^ AVE DR DORA AVE W. m~ ~ ~ BERTHA ~ :> ~ ~ AVE ~ ~ ADELLE AVl ~ ~ ~,o.~ w o ~J --.. CON$111UIION z ~ FORD AVE z° VVYCOFF ~ LOW GOMERY AVE AVE AVE OLYMPIC OLYMPIC AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution No. 2800 FOR AGENDA OF: January 31,2001 amending the Master Plan for ORIGINATING DEPT: Parks & Recreation Pendergast Regional Park ORIGINATOR: Cris Gears, Director DATE SUBMITTED: January 24, 2001 2. CLEARANCES: 3. EXHIBITS: (Comment on back if necessary),~.,,~ Parks & Recreation Director: .~.~ ~z~_~'d~ - Resolution No. 2800 (with new site plan) Assistant Ci, Attorney: I~ ~~ - Resolution No. 2428 (with original site plan) Fiscal & Budget Committee: Operations Committee: ENDORSEMENT )<~ INFORMATION APP ROVED BY CO UNCILNPTRE S,~.FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR'COUNCIL ACTION: At Council's direction, staffhas proceeded with the process for developing a land lease for construction of privately financed recreation facilities at Pendergast Regional Park. One step of that process requires a modification to the existing Master Plan for the park, which was originally approved by Council on April 7, 1993 (as per Resolution No. 2428 - attached). The proposed modifications to the Master Plan call for an indoor soccer facility to be constructed in an area previously designated as a future softball field, and for an outdoor batting cage facility to be relocated onto a site previously designated as an open turf area. R is staff's opinion that the proposed changes will not generate more traffic or create a higher demand for parking space than the uses envisioned in the original plan. These concepts for changes in facility usage received a favorable response during a presentation to the Pendergast Memorial Committee last spring. The proposed amendments to the park's Master Plan were discussed and endorsed by the Bremerton Parks and Recreation Commission at its meeting on January 23, 2001. 8. RECOMMENDATION: I move to repeal Resolution No. 2428, and to approve Resolution No. 2800, amending the Master Plan for Pendergast Regional Park to allow for the future development of indoor soccer and outdoor batting cage facilities. 9. RESPONSIBLE OFFICIAL: Jodi Wroblewski ENFORCEMENT OFFICIAL: Jodi Wroblewski EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED~ ~E~l~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: 0 / - O 3 ~ 2. CLEARANCE COMMENTS: 5. IMPACT OFNON-PASSAGE: If this resolution is not approved by Council, the privately funded indoor soccer and outdoor batting cage facilities envisioned at Pendergast Park will remain undeveloped, and the City will lose the ability to meet exiting community needs or to attract certain additional revenue-generating events to the area. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None foreseen. 7. RESEARCH SOURCES: The Department of Administrative Services researched the subject and provided background information on the relevant Resolutions and Ordinances. RESOLUTION NO. 2800 A RESOLUTION amending the adopted Master Plan for Pendergast Regional Park WHEREAS, the Bremerton City Council passed Resolution No. 2428 on April 7, 1993, thereby adopting a Master Plan for Pendergast Regional Park; and WHEREAS, the City Council has subsequently entertained discussions with various organizations concerning the prospects for construction of privately financed recreational facilities on land leased from the City of Bremerton at Pendergast Regional Park; and WHEREAS, the recreational facility projects being contemplated by the City Council are consistent with the types of park uses envisioned in the original Master Plan for Pendergast Regional Park, and with the community facility needs addressed in City's Parks and Recreation Comprehensive Plan; and WHEREAS, the Bremerton Parks and Recreation Commission has discussed and endorsed the proposed amendments to the Master Plan for Pendergast Regional Park that would allow for the future construction of these projects on park land that is currently undeveloped and under-utilized; NOW, THEREFORE, be it resolved that Resolution No. 2428 is hereby repealed, and that the amended Master Plan for Pendergast Regional Park attached as Exhibit "A" is hereby approved. ADOPTED by the City Council of the City of Bremerton the __ day of , 2001. JOHN LAW, Council President A RESOLUTION adopting the Master Plan for Pendergast Regional Park. WHEREAS, in December of 1991, the Mayor recommended and City Council approved a Professional Services agreement with Bruce Dees & Associates to design a 50 acre Athletic ComDlex, formalizing a long standing commitment to building a first class Athletic Facility in Bremerton; and WHEI~EAS, the scope of work included in the Professional Services Agreement called for development of a Master Plan; and WHEREAS, Resolution No. 2269 adopting a schematic design for the Park was approved by City Council in September of 1989 as a requirement of an I.A.C. Grant application; now therefore BE IT P. ESOLVED that Resolution No. 2269 is hereby repealed and the Master Plan attached as Exhibit "A" is hereby approved. - ' PASSED by the City Council of the City of Bremerton this · ,~7~--~ F, rZt~YiV& H~TO~{7, PkE$IDENT // ~P.OVED this \~-~ day of ~~ Louis ATTEST: ~a~hieen L. McCluskey, Clerk 7'7 From: "Hoogestraat" <daveh@oz.net> To: <beley@ci.bremerton.wa.us> Date: Wed, Jan 31, 2001 8:32 AM Subject: Proposed Indoor Soccer - Pendergast I do not live within the city limits of Bremerton, but after reading the article this morning in the Bremerton Sun concerning the proposed indoor soccer facility at Pendergast, I wanted to write to lend my support. In the last month both my son and daughter have been involved in an indoor soccer league at Gig Harbor Athletic Club. It has amazed me that the bulk of teams involved in this league are from Kitsap County - I would guess about 75%. Obviously the need is there and I'm sure in an indoor complex was available closer to home even more teams would take advantage of it, including adult reacreational teams. We need more opportunities for recreation in Kitsap County. Please vote yes on this proposal. Thank You. Pam Hoogestraat AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: January 31,2001 Resolution No. 2801 Regarding the Second Tacoma ORIGINATING DEPT: Executive Narrows Bridge ORIGINATOR: Mayor Horton DATE SUBMITTED: January 26, 2001 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS Resolution No. 2801 ENDORSEMENT N: ,ffq~R~ATION APPROVED BY COUNCIL~ENT_F~PSUBMITTAL: MAYOR ~ '¢/ -- COUNCIL PRESIDENT(.~.~-"/,..~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Resolution No. 2801 urges the Washington State Legislature to take the necessary steps to build the second Tacoma Narrows Bridge, including establishing the appropriate legal and financial structures. 8. RECOMMENDATION: I move that Council, by Resolution No. 2801, urge the Washington State Legislature to take the necessary steps to build the second Tacoma Narrows Bridge, including establishing the appropriate legal and financial structures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVEE ~ COUNCIL DIRECTIVE 11. AGENDA BILL NO: ~ / ' 0 3 5 7q 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES RESOLUTION NO. 2801 A RESOLUTION urging the Washington State Legislature to take the necessary steps to build the second Tacoma Narrows Bridge, including the appropriate legal and financial structures. WHEREAS, for a number of years Bremerton has been diversifying and revitalizing its economy; and WHEREAS, a key component is a viable transportation system; and WHEREAS, Bremerton has been working on improving its transportation system; and WHEREAS, Kitsap County is one of the fastest growing counties in the State; and WHEREAS, Kitsap County has one of the lowest household incomes in the State; and WItEREAS, viable economic development requires on-time movement of goods and people; and WHEREAS, in order to develop a viable community and economy and participate in the Puget Sound Regional economy, Kitsap County must gain parity access to the Puget Sound Region; and WHEREAS, freight mobility to the 1-5 corridor is a vital economic link for Kitsap County; and WHEREAS, continuous, safe and efficient travel across the Tacoma Narrows Bridge is necessary for economic development; and WItEREAS, the Washington State Legislature has committed $650 million to complete SR 16 corridor improvements from the Bridge to I-5 over the next six years; and WHEREAS, the Bridge design includes three additional lanes for moving goods and people, and provision for future construction of light rail on the same infrastructure; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: The Washington State Legislature be urged to take the necessary steps to build the second Tacoma Narrows Bridge, including establishing the appropriate legal and financial structures. PASSED by the City Council of the City of Bremerton this __ day of ,2001. John Law, Council President