Loading...
HomeMy WebLinkAbout06/14/00 AGENDA CITY COUNCIL MEETING AGENDA JUNE 14, 2000 1. CITY 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 ~)~.r~ 3, CONSENT AGENDA A. Minutes of Meeting - May 31, 2000 (#AB00-144) B. Minutes of Meeting - June 7, 2000 (#AB00-145) 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. Allocations of HOME Funds (#AB00-146) 10, ORDINANCES A. Ordinance No. 4713 (Second Reading), Amending BMC Chapter 21.02, Approving Amendments to the Zoning Code; and Authorizing the Extension of Time Period in Development Agreements (#AB00-143) 11, PUBLIC HEARINGS (6:00 P.M. or AS SOON AS POSSIBLE THEREAFTER...) A. Public Hearing and Resolution No. 2758, Regarding Recovery of Fees for Securing the Building on the Property Located at 1226 6th Street (#AB00-147) B. Public Hearing and Resolution No. 2759, Regarding Recovery of Fees for the Removal ~,,.~ of Vegetation on the Listed Properties #AB00-148) C. Public Hearing and Ordinance (First Reading) Approving Development Agreement of '~O Olympic Property Group for the West Hills Project (#AB00-149) 12. ADJOURNMENT OF MEETING CITY COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR MEETING TONIGHT, FOR A STUDY SESSION... Attn/David Farr :'RECEI D, Cll COURCIL OFFICE" June 14, 2000 D^ll~ ~//c//Oe:> Anderson Cove Up-date Residents and Landlords met yesterday for the purpose of formally electing officers of the Anderson Cove Advisory Committee and I believe they are represented at tonight's City Council meeting. Please recognize; The Chairman: Mr. Keith Hoofnagle Vice Chairperson: Ms Mary Sump Secretary : Mr. Steve Lowrimore And co- Treasurers: Ms. Linda Pearce and Mrs. Ruth Redman One of the first duties of this Advisory Committee will be to seek City in- put on what they consider critical areas of concern for the community. They include: How to erraticate the slumlord mentality of at least one property owner who continually rents to drug dealers and non-working individuals who care little or nothing about maintaining the property at which they reside. One consideration at last nights meeting was to design a covenant designed by both landowners and renters which could be enforced. Another major concern is the e~stence of a community store located in the community which sells drug paraphernalia (openly) to individuals in an area targeted for the erratication of drugs. It seems that no drug paraphernalia should be sold in this, a residential neighborhood, especially one with as many small children who live here. Anderson Cove residents are now prepared to do something about it and seek City Council recommendation as to what steps can be taken. Finally, Winderemere Real Estate has formally adopted the Anderson Cove neighborhood for it's annual "Day of Caring" and all City Council Representatives are invited to attend on this Friday from (9:30 a.m. till 3:30 p.m.) at the Community Garden located at 2220 Anderson Avenue, Bremerton. More than (100) Windermere Associates, the press and other dignitaries will be on hand. A cook-out is scheduled for mid- day. June 14,2000 IE has been brought to my at~enuion b~,f several residents on Rainier avenue that there has been excessive traffic during the late night and early morning hours at 1714 rainier avenue Due to The ~enants past history ~ is my be~f tha~ ~= is serious drug activity taking place on said premises I have a very good tenant who now feels it is an unsafe place Eo live and is moving ou~ hue uo this problem This is a serious problem =or nhe entire community and should be dealt with prompEiy. Thank you , Vern Search (Property owner" P.O. 881 Tracvton ,Wa. 98393-088~ e-ma ~ ' vsearsh,8oz, zee 3'60--~ -411- Hr. i.R. Woods //' ~° PRO gAA4AI30N IO#~.R~.AS. Oy Art el tAe ~ongeeSs et tile t4nlted States dated ;l~ne 19. I~. tile ltest tile IAnited States was adopted; and designated 'W atlo~ad I:da~ Da¥'~ 14I#~R~.AS. on Deee~O# 8. 198~ tile Natlonad l:da9 Day lo,,datio, was eA~teeed to 141tt~.R~A$. Fda9 Day ce~e#eates o,e nation's Sy~Ood o[ ,ntty. a de~ooacy in a and stands ~o~ o,e eo,ntey'fl devotion to peedo~, to tile r,t~e o~ a;d. and to e~l,ad S3~I~D. tills 19til day el ;l~ne I999. ty~wv S. #ORIO~V, MAYOR ~esldent et 141asilin~ton state; and rind jo# ¢~eatton in 141asAtngton state; and tilde.911 votet registration, vote~ education a~d padtgtpation; crud NOW/O, IId2R2I:OItS, 3, lynn 8. Itotton, A4ayo: ot tAe ~tty ot Btemetton, do AeteSy toln In sa~ttn9 $eetet~y ~u~o ~ot ~Is contributions to faa peopde ot tAe ~tty o~ Bte~e~ton, 83~N~D tlils ttA day ot }une 5000. lynn 8. llotton Wolfe Law Offices Edward E. Wolfe · Attorney at Law MayO, 2000 The Honorable Carol Arends - Chai~oman Breme~on City Council 239 4m Street Breme~o~ Wa 98337 Dear Carol: I have enclosed for the review of the Bremerton City Council this years Bremerton Rotary Club Jim Shank Memorial Scholarship essay winner Miss Honora Rinehardt. The title of the essay is: From Boredom to Beautification. We though the Council would be interested in reviewing this topic as it is relevant to Bremerton's growth and development. The Bremerton Rotary Club recommends that the City Council invite Miss Rinehardt to appear before the Council regarding her topic of restoring West Bremerton by "connecting youth with our community". Please contact me if the Council would be interested in meeting with Miss Rinehardt and I will assist in making her available. w01 Co-Chairman - Youth Committee Bremerton Rotary Club cc: Tom McGuire, Bremerton Rotary President Tom Long, Co-Chair- Youth Committee ~~ (~L)_/ ~ C, [,~l,~.~t4;~V;" 9057 Washington Avenue NW Suite 201 * Old Town Silverdale WA 98383 Ph (360) 307-9440. Fax (360) 307-9446. wolfelaw¢~gnsn.com Ai~PUCATION FORM ,HM SHANK MEMORIAL SCHOLARSHIP ESSAY CONTEST TELEPHONE NUMBER: (~Oq~?~-~70~ JUNIOR , SENIOR GPA: (lnciudinl 1st semester JunLor/Senior yeas-) I hereby subn~ my essay for consideration in the Jim Shank Memorial Scholarship essay ~t, I coufirm that this essay is my owu work with minimal ndvicc and counsel from others. I have read thc coflw, st rules. The Brcmenon Rotary Club wis__l~cs to make beneficial use of the ideas gcnemted I~ the perticipm'lts of this essay contest. By entering an essay in this compctition, you shall be d~emcd to have ~,i-~cn permission to the Bremerton Rotary Club to use your essay as it deems appropriate without compensation. SIGNATURIi:~~~~~._ DATE: ~/fq/0~. ESSAY DUE DATE - 1 Mnrch 2000 Two e~Onlf'~an~ Frobleme ~;h~ I have ~he b~c Fm~ f~ci~ the Dreme~n ~mmuni~ feet ~t~C one of the beef waye 'co reconr~'l;, with ~our communi~ ie ~r~h volun~ ~. · ~h~ apa=h~ ~ne ~ ~ ~end time ~ b~k ~ the ~mmun~h~ ~uid alJ~ia~e ~elr ~ an~ d~ a ~r~ ~ ~ invo~eme~. Th~ ~lte, how~, ~ula ~ ~m ~ ~o ~ ,dun~ a~l~y. ~o ie im~an~ ~et v~un~, ~ial~ un~n~ ~, be able ~o cl~Hy For m volunteer ~een corFe to bocomm a rea{i~, I ~hlnk incmn~ mus~ b~ incorFora~ in ~h~ p~n. ~ile ~ ~n~ ~ ~a~i~a~io~ ~n~ ~ ~ur~ for ~r~ a~ ~h~ m~jor~y ~ ~e~ livi~ in our ~mmu~;~. Ad~i~nzl inc~t~ m~h~ be ~h~l credit, di~u~ f~ volun~ ~r~ membe~ a~ pa~ici~ati~ r~il ~r~. and a ~int ~y~ ~hat would giv~ volun~r co~ m~be~ hiring pr~er~ce within ~ p~ma~ ~ ~ld ~ ~i~ fair a~ impa~al gul~in~. To elimina~ many ~~, m~ ~ the ~di~ ~ld ~ thm~h the ~a~ ~r. Ma~ ~ the ~m~ in ~ ~ r~air are r~l h~. T~ d~ ~uld ~ and ~ou~ not ~ ~F~t ~ r~a~ a ~ildi~ for an a~ ~rd. P~a~ ~rat~ ~ p~ide ~ra,t~ and ~a~ons in the fo~ ~ ca~, m~, or ~~. A fo~u~ ~ld ~ awdo~ ~o ~r~e ~ndl~d p~iFa~ion in ord~ ~ ~ d~ay ~~. ~ul~ o~i~ ~m ~ ~me peMo~ ~ :im¢ du~n~ ~ioh ~ ~uta no~ ra~ ~he renovation Bettering the appearance of the city would have a l~e'~ive impact on eye.done in our community, not. juet the votunteere. Many people, young and old. are aehamed of l~rom~n'~ more dilapidated n~i~hborhood~. 5eoln~l tho hemao in ~ho~ ar~e ~o~r~d wou~ f~ hom~ p~de a~ ~ ~e at:~ud~ in ma~ ci~. Moet of the ho~ that have fallen in~o dis~el~air a~e in oid~ n~h~e ~h~ h~e the ~tlal to ~ ~ui~ cha~iq a~ ~c~u& H~er. many are ~ ~ ~ ~ elde~ or ~in~ ~le ~ I~k ~e ~ ~ repair ~. ~ Itn~ ~h I~=ly ~u~a~ ra~ :hah ~y ~rO~ habi~ione. ~pl~ ~:h ~e natural ~u~ ~ our ~u~i~= - wa~, m~i~, ~r~ ~= - ~ ren~d ~h~d= ~ gr~y imp~e ~ ~all im~ion ~ hav~ ~ Distinctive area~ like the~e are an aeeet, to any ci~. Con~tder ~ort- Townsend, Ol~pia, 5earle and Ta~ma. ~I ~a~t ~l-kepC li~e ~h~e that lend th~~ ~ ~e circe unique atm~h~re. ~y imp~i~ ~e o~ ~ci~e ~ ~he ~ity, vMun:~ wou~ b~ ~ki~ an i~tment in ~ future ~ &r~on. 3~4 I ~ropo~ ~.ha~. · volu~ll~r ~rou? ma~le up ~ ~ ~ak~ on ~h~ c~i~ of ~e gu~an~ and ~ea~ a ~n~i~ drlv~ ~he ~lun~ ~ ~o all ~ ~h~ raw ~er~. I fe~ ~ ~hi~ plan ~ula ~mmuni~. ~t al~ im~e the wa~ in ~ich · ~ Ci~Z~ a~ ~ ~h~dng commufli~i~. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: JUNE 1L~, 2000 ORIGINATING DEPT: C!TY COUNCIL MINUTES OF MEETING - HAY 31, 2000 ORIGINATOR: CAROL ARENDS, PRES I DENT DATE SUBMI'I-FED: JUNE 6, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: ~~. ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8, RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED AME~ l~_ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: TAPE #1706 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES May 31,2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4m Street, Bremerton, Washington, Wednesday, May 31, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council Member David Farr was absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Council/Auditor Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Council Member John Law. President Arends made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; followed by a 10-minute Executive Session to discuss "LITIGATION" per RCW Chapter 42.30.110(1)(i); and (2) City Council will hold a 1-hour Study Session immediately following the Council meeting tonight, in the Council Conference Room, to discuss the "Bremerton Transportation Center CRB/Enetai Development Agreement". CONSENT AGENDA A. Minutes of Meeting - May 10, 2000 (#AB00-126) #0025 M/S/C/U (McConnell/OIsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0050 M/S/C/U (Law/McConnell) On May 31, 2000, the Council does approve for payment those vouchers included and further described as follows: 241765 through 241992; EFT 5960; and 241753 through 241755 in the amount of $393,945.51; and Retiree Payroll for the period ending May 31, 2000 in the amount of $115,271.99. COUNCIL MEMBER REPORTS Wayne Olsen reminded everyone that the YWCA Swing Dance would be held on June 10th at the Admiral Theater (time will be announced at next meeting). John Law announced the next District 3 meeting would be held Tuesday, June 13, 2000, at the Senior Center located at 13th & Nipsic, beginning at 7:00 P.M. He noted the attendance at the Memorial Day events and the Senior Talent Show, and expressed condolences to the Natividad family at the passing of Ruth Natividad. Ed Rollman also recognized Ruth Natividad's activism efforts; and spoke of Memorial Day events he attended on Monday. Mike She_oherd participated in a Memorial Day event at Ivy Green Cemetery; summarized the recent District 5 meeting regarding the restoration of Gorst Creek and Veteran issues; announced the First Friday Art Walk; and also expressed condolences over the loss of Ruth Natividad. TAPE #1706 City Council Reg. Mtg. Minutes May 31 ,.2000 Page 2 of 7 President Arends also spoke of Memodal Day events, including her privilege of attending a very moving ceremony at Tahoma National Cemetery. MAYOR'S REPORT_ · A Proclamation was read to proclaim June ~ - 9, 2000 as "Management Week", which was accepted by Steve McNalley, National Management Association. · Due to "popular demand", it was announced that a one-day "Spring Clean-Up" event has been scheduled for Thursday, June 8th, from 8:00 A.M. to 6:00 P.M. Citizens with proof of City of Bremerton residency may take yard waste only to the Public Works & Utilities Complex located at 100 Oyster Bay Avenue North. In addition, the Olympic View Landfill will be accepting large items such as mattresses and upholstered furniture (no appliances) at half the usual disposal rate for that entire week of June 5 - 9, during the hours of 8:30 A.M. to 4:30 P.M. · The Council was informed that the ordinance presented at the Council Meeting on May 17, 2000, establishing on-street'paid parking on First Street from Rainier Place to Naval Avenue, would not be brought forward for second reading due to opposition expressed to the proposal at a recent neighborhood meeting. {,EGI$1.,ATIVE REPORT A written response was provided to Douglass Parr regarding his concerns over downtown parking issues, and in that response he was encouraged to attend the Study Session following the Council Meeting this evening, which would include a presentation from Richard Hayes, Executive Director of Kitsap Transit. pUBLIC RECOGNITION Frances Meyers, owner of Charleston Cinema, announced that a "Free Summer Matinee Program" sponsored by local businesses would be provided for youth dudng summer break, and encouraged anyone to call 373-6093 with any questions regarding the movie schedule. 9A - RESOLUTION NO. 2753, RELATING TO DESIGNATION OF SR 304 ON PORTIONS OF PACIFIC AVENUE AND FIRST STREET IN THE VICINITY OF THE BREMERTON TRANSPORTATION CENTER & FERRY TERMINAL (#AB00-127): City Engineer Randy Witt reported that as part of the State Route 304 (SR 304) and Bremerton Transportation Center (BTC) projects, a one-way couplet was established on portions of Pacific Avenue, First Street, and Washington Avenue south of Burwell Street to facilitate traffic movement through the area and to the BTC/Ferry Terminal. This element of these projects was coordinated with the Washington State Department of Transportation (WSDOT) during the planning and environmental phases of both projects. With implementation of this traffic circulation element, the designation of SR 304 needs to include the entire couplet. Currently the SR 304 designation includes Burwell Street from Callow Avenue to Washington Avenue, and on Washington Avenue south of Burwell Street to the BTC. Those designations of SR 304 remain, and Pacific Avenue between Burwell Street and First Street, and First Street between Pacific Avenue and Washington Avenue need to be added to the SR 304 designation. WSDOT has requested the City to approve a resolution that shows its support for designation of SR 304 on portions of Pacific Avenue and First Street. Staff has prepared a resolution (attached) that supports the SR 304 designation, and recommends the City Council approve the resolution. 5 TAPE #1706 City Council Reg. Mtg. Minutes May 31,200Q Page 3 of 7 There were no comments from the public. Mike She_nherd left the meeting at 5:54 P.M. Jim Reed left the meeting at 5:55 P.M. Mr. Rollman asked if the state would maintain the area in question. Mr. Witt responded the portion of the area designated as a "State Route" would be maintained by the state, with the remainder maintained by the City of Bremerton. #0780 M/S/C/U (Rollman/Olsen) Move to pass the attached Resolution No. 2753, which designates State Route 304 to include portions of Pacific Avenue and First Street that serve the Bremerton Transportation Center/Ferry Terminal. Voted in favor of this motion: Law, Rollman, Esser, Olsen, McConnell, and Arends Mr. Reed and Mr. Shepherd were absent from this vote. Mr. Reed returned at 6:00 P.M. 9B - RI~,,~OLUTION NO. 2754~ ESTABLISHING PROCEDURES. FOR APPROVAL OF GRANTS (#AB00-128): Kathleen McCluskey, Administrative Services Director, stated that this resolution aligns the grant application process with existing purchasing spending levels. There were no comments from the public. Mr. McConnell questioned the Fiscal & Budget Committee as the sole derision-making entity, because all members of Council should be involved in making financial decisions. Ms. McCluskey responded that since there is no Ordinance available to address this matter, only the Fiscal & Budget Committee members would make the decision. Mr. Law concurred with Mr. McConnell's observation, and requested that the statement, which excluded some Council Members from the decision-making process, be stricken from the resolution. #0985 M/S/C/U (McConnell/Olsen) Move to pass Resolution No. 2754, establishing procedures for the approval of grant applications, with corrections to include "the Operations Committee" along with the Fiscal & Budget Committee under Item 2; and to strike the last sentence in Item 2. Voted in favor of this motion: Rollman, Esser, Reed, Olsen, McConnell, Law, and Arends Mr. Shepherd was absent from this vote. 9C - RESOLUTION NO. 2755; AUTHORIZING THE KITSAP COUNTY HOUSING AUTHTOIRY TO OPERATE IN THE CITy (#AB00-129): Mayor Horton stated that this resolution authorizes the Kitsap County Consolidated Housing Authority to exercise the powers of an urban renewal agency as set forth in Chapter 35.81 RCW within the City, and further authorizes the Kitsap Authority to exercise the powers of a housing authority under Chapter 35.28 RCW within the City. This action is necessary to enable the Housing Authority to manage and participate in activities for the proposed Civic Center in the City of Bremerton. Roger Waid, Deputy Executive Director for Kitsap County Consolidated Housing Authority, expressed hope towards a possible partnership. There were no comments from the public. TAPE #1706 City Council Reg. Mtg. Minutes May 31, 2000 Page 4 of 7 #1130 M/S/C/U (McConnell/Reed) Move to pass Resolution No. 2755, declaring the need for the Kitsap County Consolidated Housing Authority to operate within the boundaries of the City of Bremerton. Voted in favor of this motion: Esser, Reed, Olsen, McConnell, Law, Rollman, and Arends Mr. Shepherd was absent from this vote. To accommodate the advertised 6:00 P.M. start-time for the Public Hearings, Items 12(A) & 12(B) were moved up on the Agenda... 12A- PUBLIC HEARING. AND RESOLUTION NO. 2756. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 1124 N. CALLOW AVENUE (#AB00-133): Janet Lunceford, Building Development Specialist ]~, reported that on March 20, 2000, the City ordered the abatement of garbage, debris, and dangerous conditions on the property located at 1124 N. Callow Avenue. The order required that the owner remove the garbage, which was uncovered dudng a weed abatement by March23, 2000. The certified-mail copy of the abatement order was received by the owne~ of record, Shelli Gilbert, who failedto comply with the order, so City crews removed the garbage on April 10, 2000. The fees incurred for this actiOn, including' administrative fees, totaled $1,095.20. COuncil' must now decide if the fees are just and reasonable, and how the fees should be collected. It was acknowledged that a letter was received from Ms. Gilbert immediately prior to the meeting tonight, which was to Council Members for their review. Shetli Gilbert stated that although she has demonstrated the intent to cooperate with the Fire Department, she felt the fees were excessive, and further pointed out that shingles removed from the area were actually personal property. She asked for a reduction in fees to reflect that loss. Mr. Esser asked several questions regarding the timeline of events, and indicated that he would support a $125.00 credit for the loss of the shingles toward the fees owed. Mr. Reed pointed out that although the fees seem excessive, it was indicated that the bulk of the costs are administrative fees. He also suggested that a summary of the abatement process and costs be included on future notices. #1445 M/S/C/U (Esser/Reed) Move to amend the amount of fees from $1,095.20 to $970.20; and to pass Resolution No. 2756, ordering the amended fee incurred for the abatement of garbage and debris located at 1124 N. Callow Avenue be collected as reasonable abatement costs and become a lien against the property. Voted in favor of this motion: Reed, OIsen, McConnell, Law, Rollman, Esser, and Arends Mr. Shepherd was absent for this vote. 12B - PUBLIC HEARING. AND RESOLUTION NO. 2757, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 1552 & 1554 HOUSTON AVENUE (#AB00-134): Janet Lunceford, Building Development Specialist ~[~[, reported that on April 17, 2000, the City ordered the abatement of garbage and debris on the property located at 1552/1554 Houston Avenue. The certified-mail copy of the order was received at the owner's mailing address as shown on the Kitsap County Assessor's records on April 19, 2000. On April 28, 2000, City crews removed the garbage after the owner's failure to comply with the abatement order. The fees incurred for this action, including administrative fees, totaled $1,111.57. Council must now decide if the fees are just and reasonable, and how the fees should be collected. It was noted that a payment of $555.97 was received today, so the amended balance due is $555.60. TAPE #1706 City Council Reg. Mtg. Minutes May 31, 2000 Page 5 of 7 There were no comments from the public. #1670 M/S/C/U (Reed/Olsen) Move to pass Resolution No. 2757, ordedng that the fees incurred for the abatement of garbage and debds located at 1552/1554 Houston Avenue be collected as reasonable abatement costs, and become a lien against the property, and amend the amount to read $555.60 as balance owing. Voted in favor of this motion: Olsen, McConnell, Law, Rollman, Esser, Reed, and Arends Mr. Shepherd was absent for this vote. 10A- PRE-CONSTRUCTION AGREEMENT BETWEEN KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY. KITSAP COUNTY. AND THE CITY OF BREMERTON (~B00-130) Mayor Horton emphasized that this agreement authorizes the Kitsap County Consolidated Authority to produce preliminary feasibility information for the design of the Civic Center Building. The Housing Authority shall engage, retain, contract with, supervise, and coordinate all persons required to initiate the design of the building to determine its feasibility by the parties~ This may, includ~ attorneys, accountants; architects, cont.ractors, engineers; and surveyors. The total projectcosts are $200,000. TheCity is responsible for 18% of the project costs up to a maximum of'$36,000. The composition of the Steering Committee was addressed, as well as pointing out that due to the lack of expertise in this area, the project would not be done "in-house". There were no comments from the public. Mr. McConnell asked who would have the responsibility regarding the activities of the professionals as noted on page 2 of 5, Item 9 of the Pre-Construction Agreement. Ms. Malanc,,a responded that the City would receive copies of the contracts involving the professionals, and can safely assume that the contracts will have provisions for liability insurance. She stressed that this is stdctly a feasibility study at this time. Mayor Horton further pointed out that this was the contract approved by the County Commissioners. Mr. Law expressed concern that a representative of the Sinclair Landing Association was a member of the Steering Committee. Mr. Waid assured Council that a response would be forthcoming. Mr. Reed asked if the $200,000 for the feasibility study would be paid with discretionary funds, or would the Bremerton Housing Authority have to put these items out to bid. Mr. Waid responded that contracting laws would have to be followed, but for the most part, the bid process would be open to local bidders. #2200 M/S/C/U (Olsen/Reed) Move to approve Pre-Construction Agreement between Kitsap County Consolidated Housing Authority and the City of Bremerton. Voted in favor of this motion: McConnell, Law, Rollman, Esser, Reed, Olsen, and Arends Mr. Shepherd was absent for this vote. 10B - PROPOSAL TO,MODIFY THE NAME OF EVERGREEN PARK TO RECOGNIZE THE BREMERTON ROTARY CLUB'S CONTRIBUTION (#AB00-131): Cris Gears, Parks & Recreation Director, announced that in recognition of the Bremerton Rotary Club's generous offer to support the expansion and development of Evergreen Park (Phase []:) with a $100,000 cash contribution, the Club is requesting that the new name of "Evergreen Rotary Park" be given to the consolidated present and future park properties. The commitment of these private funds was critical to the success of the Parks & Recreation Department's grant application for $300,000 of state funds that TAPE #1706 City Council Reg. Mtg. Minutes May 31, 2000 Page 6 of 7 were awarded to the City by the Interagency Committee for Outdoor Recreation. The Club's cash contribution has been earmarked for the construction of park improvements such as picnic shelters, trails and open spaces that will be developed following the ecological remediation of the site that is currently underway. Representative of the Bremerton Rotary Club submitted their request to the Parks and Recreation Commission on Tuesday, April 25, 2000. After due consideration, and in accordance with the City policy for naming parks, the Commission voted unanimously to support the request and to recommend approval by the City Council. Don Atkinson spoke on behalf of the Rotary Club. Mr, Esser, Ms. Arends. Mr. She.Dherd. Mr. Olsen thanked the Rotary Club for their contributions. Mayor Horton added that in providing the contribution, the City was also able to receive an additional $300,000 in funding for the Evergreen Park Project. Mr. Reed suggested that a plaque be installed to honor this contribution. Mr. She_=herd returned to the meeting at 6:35pm. ~24,50 M/S/C/U (Law/McConnell) Move to adopt the name of"Evergreen Rotary Park" for the recently acquired park: property adjacent to the south;: side of Smith Cove, along with the: existlng~ park property adjacent tothe northside of Smith Cove presently known~as Evergreen Park. 10¢ - PAYMENT OF ATTORNEY FEES TO PUGET SOUNDKEEPER ALLIANCE (#AB00-132) Gene Sarn_oley, Director of Public Works & Utilities, referred to the attached exhibit, which directs the City of Bremerton to pay attorney fees in the amount of $113,373.75 to Puget Soundkeeper Alliance. MS. Malanca directed attention to the information on page 33, and pointed out this payment saves the City approximately $60,000, due in part by the Supreme Court's ruling that the initial award was not appropriate, and the billing rate for attorneys' fees was incorrect. There were no comments from the public. ~2660 M/S/C/U (Shepherd/Reed) Move to authorize the payment to Puget Soundkeeper Alliance in the amount of $113,373.75. 11A- ORDINANCE (FIRST READING) RELATING TO THE ESTABLISHMENT OF ON-STREET PAID PARKING AT VARIOUS LOCATIONS IN THE DOWNTOWN BUSINESS DISTRICT (#AB00- 133): City Engineer Randy Witt reported that on May 10, 2000, City Council passed an ordinance establishing on-street parking zones in the downtown business district. Part of that ordinance established on-street paid parking on Second Street west of Washington Avenue, on Fourth Street east of Park Avenue, and on the south side of Burwell Street between Pacific Avenue and Washington Avenue. In addition, the City administration desires to establish the ability to implement on-street paid parking on Second Street east of Washington Avenue to provide additional parking in the vicinity of the Bremerton Transportation Center (see attached drawing). Each location will have approximately ten paid parking spaces, except Second Street east of Washington Avenue, which may have approximately twenty spaces. Pursuant to WAC 308-330-270(6), the City Council can establish paid parking areas in the public right-of-way by passage of a resolution; the City Charter requires use of an ordinance. Staff recommended approval of the attached ordinance establishing paid parking on portions on Second Street, Fourth Street, and Burwell Street. There were no comments from the public. TAPE #1706 City Council Reg. Mtg. Minutes May 31, 2000 Page 7 of 7 Mr. Esser expressed his concern over businesses that may be affected by this change, and that this proposed plan made it more of a detriment for people to come to Bremerton. He further added that the City needed a long-term parking strategy, not a "quick fix". Mr. Rollman emphasized it was necessary to start somewhere, and this was only the first part of implementing a long-term strategy to address the parking problem. Mr. Reed asked if there was an estimate on how many parking spaces this plan would generate. Mr. Witt estimated that each of the downtown paid parking areas would generate about 10; and the extension of Second would generate about 20, for a total of approximately 50 spots. Paula Johnston, Deputy City Clerk, provided further details on the pay-boxes established for the plan. Mr. Olsen hoped that in the future, the City would talk with the business owners who are directly involved. Mr. Reed concurred, stating that feedback from the business owners would be helpful. Mr. Rollman pointed out that the five business leaders who are CUrrently on the Parking Advisory Committee polled local business about this plan. ~t3000 M/SIC (Rollman/Shepherd) Move to approve the attached ordinance on first reading, which establishes~, paid parking on portions of Second Street, Fourth Street~ :and Burwell Street in the downtown business district. Voted in favor of this motion: Reed, Olsen, McConnell, Law, Rollman, Shepherd, and Arends Voted opposed to this motion: Esser Motion carded: 7-Yes; 1-No. With no further business, meeting concluded at 6:56 P.M. Council then adjourned to the Council Conference Room for a Study Session. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CAJIs/cg c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: JUNE 12, 2000 ORIGINATING DEPT: CITY COUNCi L MINUTES OF MEETING -- JUNE 7, 2000 ORIGINATOR: CAROL ARENDS,~ PRESIDENT DATE SUBMI'i-I'ED: JUNE 8, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: ~ ~,~__~2 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED ~ AME~I) .~__ COUNCIL DIRECTIVE: DATE:__ 11. AGENDA BILL NO: .¢~')' q TAPE #1707 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES June 7, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4"~ Street, Bremerton, Washington, Wednesday, June 7, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, and Wayne Olsen. Council members Cecil McConnell and John Law were absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Jim Reed, followed by the invocation given by Lt. Daniel Freeman of the Salvation Army. President Arends made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; and (2) City Council will hold a Study Session immediately following the Council meeting tonight, in the Council Conference Room, to discuss the "Construction Project Updates" and "Council Goals & Objectives for the City Budget". CONSENT AGENDA A. Minutes of Meeting- May 17, 2000 (#AB00-136) B. Minutes of Meeting- May 24, 2000 (#AB00-137) C. Approval of Metcalf & Eddy Settlement (flAB00-138) #0036 MISICIU (FardOIsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0060 M/S/C/U (Olsen/Rollman) On June 7, 2000, the Council does approve for payment those vouchers included and further described as follows: 241993 through 241994 in the amount of $487,006.47; and Regular Payroll for the period ending May 31, 2000 in the amount of $965,691.14. COUNCIL MEMBER REPORTS Wayne Olsen announced for John Law, that the next District 3 meeting would be held on Tuesday, June 13, 2000, beginning at 7:00 P.M. at the Senior Center located at E. 13th & Nipsic Avenue. Citizens are invited to participate in an open discussion on issues of their choice. Ed Rollman attended the First Friday Art Walk held last week, which he thoroughly enjoyed. He encouraged citizens of Bremerton to participate in the Spring Clean-Up event tomorrow only, from 8:00 A.M. to 6:00 P.M., and to bring proof of residence. Mike She_oherd reported on a burglary in a neighborhood of his District that happened in broad daylight. He reminded the public to lock and secure their homes. TAPE #1707 City Council Reg. Mtg. Minutes June 7, 2000 Page 2 of 4 David Farr reported that he and his wife also attended and enjoyed the First Fdday Art Walk, and was pleased to see the increase of artists and galleries in the City. President Arends attended the baccalaureate services for Lincoln Avenue Bible Church last Sunday for the graduating seniors of Bremerton High School, which she described as a "very nice ceremony". MAYOR'S REPORT Mayor Horton read a Proclamation to proclaim Sunday, June 11, 2000 as "RACE UNITY DAY, which was accepted by Gwen Shepherd of the Bremerton Chapter of the NAACP, who also extended an invitation to the citizens of Bremerton to attend the 3~ annual "Race Unity Day Picnic" at Evergreen Park on this day from noon to 4:00 P.M. LEGISLATIVE REPORT - There was no report for this meeting. PUBLIC RECOGNITION Debbie Peavler-Stewart of the City's Economic Development Department, invited members of the community to attend the Home-Buying Fair to be held at the Center Court of the Kitsap Mall on Saturday, June 10, 2000, from 10:00 A.M. to 9:00 P.M. For more information call 479-4011. Lynn Swanson of Americorps, reported on the tremendous success of the last book fundraiser, and thanked the community for their support. 9A - APPOINTMENT OF WANDA BUTLER TO THE PARKS & RECREATION COMMISSION (#AB00-139): Mayor Horton, briefly described the interests and dedication of Ms. Butler, and recommended that the reappointment be approved. There were no comments from the public. #0520 M/S/C/U (Shepherd/Farr) Move to confirm the reappointment of Wanda Butler to the Parks & Recreation Commission. 9B - APPOINTMENT OF CAROL JOHNSON TO THE PARKS & RECREATION COMMISSION (#AB00-140): Mayor Horton, briefly described the experience and dedication of Ms. Johnson, and recommended that the reappointment be approved. There were no comments from the public. #0570 M/S/C/U (FardReed) Move to confirm the reappointment of Carol Johnson to the Parks & Recreation Commission. 9C - APPOINTMENT OF BARRY COOK TO THE PARKS & RECREATION COMMISSION (#AB00- 141): Mayor Horton, briefly described the experience and dedication of Mr. Cook, and recommended that the reappointment be approved. There were no comments from the public. #0630 M/S/C/U (Reed/Olsen) Move to confirm the reappointment of Barry Cook to the Parks & Recreation Commission. TAPE #1707 City Council Reg. Mtg. Minutes June 7, 2000 Page 3 of 4 9D - COPS UNIVERSAL HIRING PROGRAM (UHP) GRANT APPLICATION FOR ADDITIONAL OFFICERS (#AB00-142): Tim Sholtis, BPD Administrative Support Manager, stated that the COPS UHP grant is for an entry-level officer for 3 years. The Federal funding is for $75,000 over 3 years. The City of Bremerton match in increasing dollar shares between 2000 to 2003 is $84,660. There were no comments from the public. #0690 M/S/C/U (OIsen/Reed) Move that Council accept grant funding of $75,000 over the next 3 years for the COPS UHP grant. 10A - ORDINANCE NO. 4712 (SECOND READING) RELATING TO THE ESTABLISHMENT OF ON-STREET PAID PARKING AT VARIOUS LOCATIONS IN THE DOWNTOWN BUSINESS DISTRICT (#AB00-133) The first Reading of this ordinance was provided at the Council Meeting on May 31, 2000. There were no comments from the public. #0740 M/S/C (Reed/Rollman) Move to pass Ordinance No. 4712 on second reading, which establishes paid parking on portions of Second Street, Fourth Street, and Burwell Street in the downtown business district. Voted in favor of this motion: Olsen, Rollman, Shepherd, Fart, Reed, and Arends Voted opposed to this motion: Esser Motion carried: 6-Yes; 1-No. 10B- ORDINANCE (FIRST READING), AMENDING CHAPTER 21.02 OF THE BREMERTON MUNICIPAL CODE (BMC). APPROVING AMENDMENTS TO THE ZONING CODE; AND AUTHORIZING THE EXTENSION OF TIME PERIOD IN DEVELOPMENT AGREEMENTS (#AB00- 143): Glenna Malanca, City Attorney, reiterated that the Ordinance approving amendments to the Zoning Code, Chapter 21.02 of the BMC, was to allow for the extension of time periods, through development agreements, for project approvals and permits, including Planned Unit Developments. This item is intended to give the City, through the Council, more flexibility to allow for undetermined types of developments. There were no comments from the public. Mr. Farr asked if this would take the place of a PUD (planned-unit development). MS. Malanca responded that is ultimately, a realistic observation. She further elaborated that a PUD is fine for a smaller project that results in a final application or plat by the third year, but more ambitious projects sometimes take 10 to 15 years to come to a full completion. Mr. Farr clarified that the City Council still would have the ability, at their prerogative, to impose "milestones" upon the developer of a specific project, as long as it is agreed upon before the Development Agreement is signed. #0835 M/S/C/U (Reed/Farr) Move to approve the proposed ordinance on first reading, amending Chapter 21.02, by providing for the extension of time periods, through development agreements, for project approvals and permits, including Planned Unit Developments. TAPE #1707 City Council Reg. Mtg. Minutes June 7, 2000 Page 4 of 4 With no further business, meeting concluded at 5:55 P.M. Council then adjourned to the Council Conference Room for a Study Session. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CNIs c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: June 14, 2000 ORIGINATING DEPT.: Economic Development Allocation of HOME funds ORIGINATOR: Deborah Poavler-Stewart DATE SUBMITTED: May 31, 2000 2. CLEARANCES:. 1~/~-.. 3. Exm~ITS: Director of Ec~m.~c_ Dey~lol~ment ~--~ / Fiscal and Bu~gdt_Cg~ ENDORSEMENT_~_~ INFORMATION__APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. S~STATEMENT AND REQUIREMENT FOR COUNCIL 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 low income persons. Within the City of Bremerton, over 60% of the properties are renter-occupied. This percentage is severely disproportionate to the national average of 35% renter occupied units. In order to increase the number of owner occupied properties, the City of Bremerton has developed a policy stating that HOME funds will primarily be used to support homeownership activities within the City. Listed below are three requests for HOME funds for your consideration: · Community Resource Center requests $145,680 to continue their existing program that was initially funded in 1996. Funds will be used to assist 15 Iow and moderate income persons or families to acquire, and rehabilitate properties within the Bremerton City limits. The funds are loaned to the family and are paid to a revolving fund that is administered by CRC. · Bremerton Housing Authority requests $80,000 to be set aside to provide a match for 40 low income families who establish Individual Savings Accounts (ISA) and, over a time period, usually three years, save funds to purchase a home. HOME funds would be used as a grant to match participant deposits dollar for dollar. A full time financial counselor will be working with the participants throughout the savings period to establish sound financial management skills. · The Economic Development Department requests $75,000 for the existing homebuyers assistance program. Between 50 and 60 homebuyers are assisted each year. The program currently is utilizing program income to operate and funds are being depleted. The requested funds will allow staffto continue this program without interruption. 8. RECOMMENDATION: I move to authorize allocation of funds in the amount of $145,680 to CRC, authorize a set aside of funds in the amount of $80,000 for Bremerton Housing Authority ISA program and authorize $75,000 for the City housing program. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: 9 ~i~, REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: CRC will discominue their homebuyer-~ assistance program, BI-IA will not be able to initiate the homebuyers assistance program, and the City may have an interruption in the program if funds are not available. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: June/, 2000 Ordinance No. ~ 7 'l ~ ORIGINATING DEPT: Legs Development Agreements ORIGINATOR: Glennal Malanc~ Proje~c~. and Approval Timelines City Attorney Z.__~GLEARANCES: ~Comment on back if necessary) 3. EXHIBITS: /f0~l Studv s~s'Gle~a ~alanca, city Attorne~~r~ ~ i ~ ~~ Uisc_~al &. B/u~e_~t Chairman ~Ope~'t~-o'~s Committee Ch'airman 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An Ordinance approving amendments to the zoning code, Title 21.02 BMC, to allow for the extension of time periods through development agreements for project approvals and permits, including Planned Unit Developments. 8. RECOMMENDATION: Record Motion: Motion to: .~nrnl'~ ~ ........ -~ · ~ Ci.~F ........ , b~ ~cJh~,. g Pass Ordinance No. ~.7!_~ on 2'~ reading, amending Chapter 21.02, by providing for the extension of time periods, through development agreements, for project approvals and permits, including Planned Unit Developments. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: 1 ~ A REVIEW DATE: 10. NOTICE OF ACTION J PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City will remain limited in its ability to enter into development agreements which provide more realistic timelines for larger projects considered for development in the City. Developers require the stability afforded by the vesting of permits, environmental reviews and similar requirements of the more expansive developments. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Would lessen repeated requests for extensions and provide more continuity for scheduling of workload. 7. RESEARCH SOURCES: RCW's and BMC ORDINANCE APPROVING AMENDMENTS TO THE ZONING CODE, BREMERTON MUNICIPAL CODE CHAPTER 21.02, TO AUTHORIZE THE EXTENSION OF TIME PERIODS IN DEVELOPMENT AGREEMENTS FOR PROJECT APPROVALS AND PERMITS. Wt-IEREAS, RCW 36.70B. 170 authorizes the making of development agreements with persons having ownership or control of real property within the City's jurisdiction, and WHEREAS, the City of Bremerton has adopted a development agreement ordinance, Ordinance No. 4567, amended September 19, 1996, which is codified at Bremerton Municipal Code 21.02.900, and WHEREAS, under both RCW 36.70B. 170 and BMC 21.02.900, a development agreement must specify the build-out or vesting period, and WHEREAS, under BMC 21.02.520, certain time limits apply to planned unit development approvals and permits, and WHEREAS, for some projects, it will further the public health, welfare, and safety if the City has the flexibility in making development agreements to extend the otherwise applicable time limits for project approvals and permits, and WHEREAS, under RCW 36.70B. 170, a development agreement must be consistent with applicable development regulations adopted by the City, and WHEREAS, under RCW 58.17.140, the City may adopt procedures that would allow extensions of time for obtaining final plat approvals, which may or may not contain additional or altered conditions and requirements, and WHEREAS, a development agreement under RCW 36.70B. 170 and BMC 21.02.900 may or may not contain additional or altered conditions and requirements for final plat approvals and other project approvals and permits, now, therefore, BE IT ORDAINED BY THE BREMERTON CITY COUNCIL Section 1. That BMC 21.02.900(c)(8) is hereby amended to provide as follows: (8) The build-out or vesting period during which the agreement will be in effect. The agreement may extend otherwise applicable time limits for project approvals and permits, including 4§183~lO"~BREMERTON CODE AMENDMENTDOCI5.30.O0 without limitation (A) the duration of preliminary plan approvals, preliminary plat approvals, and other approvals and permits, (B) deadlines for filing final plans, final plats, and other applications and designs, and (C) deadlines for commencing and completing the development of an approved final plan, final plat, or other project. Section 2. That BMC 21.02.520 is hereby amended by the addition of a new ~h~e. ctinn (n), as follows: (c) Modification of Time Limits by Development Agreement: The foregoing time limits may be extended, in the discretion of the City Council and in furthering the public health, welfare, and safety, in a development agreement between the City and the applicant or property owner. Section 3. This ordinance shall take effect 10 days from passage and publication. APPROVED by the City Council on the first reading this day of ., 2000. PASSED by the City Council of the City of Bremerton this day of ,2000. Carol Mends Council President APPROVED by the Mayor this day of ,2000. LYNN HORTON, MAYOR ATTEST: BREMERTON CITY CLERK 461834102~BREMERTON CODE AMENDMENT DOC/5.30.00 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: June 14~ 2000 Resolution # _~.~5~8 , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. securing the building on the property located at 1226 - ORIGINATOR: Al Duke 6t~ Street. DATE SUBMITTED: 2. CLEARANCESA (Commen~t~n back if 3. EXHIBITS: Fire Chief: . ~~ ~ 1. Resolution Ci~ Clerk~~~ /// ~ ~. Clerk Repo~ Ci~A~o~ey~~~ ~~~ ~ Photos (~l~As~ C o-~ m. Dev. D ir:~- ~t ~ ~ ~ ~ E~O~E~~ ~~~ ~PR~~ P~S~E~ ~R S~~~: 4. SUGARY STATEMENT AND ~Q~MENT FOR COUNCIL ACTION: In Feb~a~ of 2000, neighbo~ repo~ vagrants were occupying the vacant house lo~t~ at 1226 - 6ta Street. An inspection of the site ve~fied the allegation and an abatement o~er was issue, allowing the owne~ of record, Ocwen Federal Bank, until March 6, 2000 to secure the building against ent~. The abatement order was faxed to Ocwen on March 3, 2000, and records show Ocwen received the ce~ified copy of the o~er on March 8, 2000. No action was taken by the owne~, and the Ci~ secured the building on March 15, 2000. The cost of this action, including administrative fe~, totsled $1,825.60. Council must now decide if the fees are reasonable and how they should be collected. RECOMMENDATION: ................... ' ............ ~"' Resolution g ~ 7 5 B, order that the fees incur~d for secu~ng the building located at 1226 - 6ta Street be collected as reasonable abatement costs and b~ome a lien against the prope~. 9. ~SPONSIBLE OFFICIAL: A! Duke E~ORCE~NT OFFICIAL: Al Duke EXPIATION DATE: N/A ~EW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED __ DISAPPROVED __ AMEND~D ~_~ ~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. ' CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION # aQ'''7 5 ~3 A RESOLUTION reviewing charges for securing the building on the property at 1226 -6th Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the building on the property located at 1226 - 6t~ Street; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien again.q the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by thc Building Official and any protests or objection filed; and WHEREAS, thc Building Official of the City of Brcmerton recommends the fees be collected as a lien against thc property located at 1226 - 6th Street, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,825.60 for the property located at 1226 - 6m Street, Brcmerton, attached hereto, arc just and reasonable. 2. That thc City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 CAROL ARENDS Council President ~ OF ~Z BREMERTON FIRE DEPARTMENT 817 Pacifio Avmme - Bmm~-ton, WA 98337 · (360) 478-5380 · FAX (360) 478-7257 Memorandum D~ATE: May 24, 2000 TO: Paula Johnston, Deputy Ci~.Clerk FROM: Janet Lunceford, BDS II ~ RE: Abatement of 1226 - 6th Street CC: Al Duke, Fire Chief Paula On March 15, 2000, Public Works secured the building at 1226 - 6t~ Street after the owner, Ocwen Federal Bank, failed to do so as ordered. The cost of the abatemem, per the attached Work Order History and including admini~ative fees, totaled $1825.60. I have scheduled a public hearing for June 14, 2000 for Council to decide how the fees should be collected. May-24-00 10:llA 360 478 5360 P.01 Work Order Itis t ry 05/24/2000 11:13:31 viM CITY OF BREMERTON PWO-STR~F.T DMSION Work Order #: SDS00010' Title: BLAB Board up house 1226-6th street Status: S Labor Hours Emtimte: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 Customer: BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment F.~timte: $0 Work Type: A# ANCILLARY OPERATIONS Date Entered: 03/13/2000 12:00:00 AM Supervisor: 0061 Riley Thompson Date Updated: 05/23/2000 12:43:I4 PM Lead Employee: 0524 Colon Corey Date Targeted: 06/22/2000 Priority: 1 Date A~signed: 03/13/2000 Location ID: 1 Unspecified Location Date Started: 03/14/1900 History 0: I Unspecified Equipment Date Finished: 03/15/1900 Work Description Board up house Janet Lunceford will have a policeman there to vacate any possible people staying inside. Will need approximately 8 (estimate) shee~ of plywood. Need to cut to size and board up all windows & doors including top floor on back of house where access~%le from roof. ~a,,~ ~,4z~ BLAB Board up house 1226-6dx Street. Prep for boardup. 0524 ColeiiCorey ..: 2.00 'hr $63.60 3013 '92 GMC 1-TON P/U ' :12.00 hr $18.00 ~nsn~ m0,4~, BLAB Board'up house 1226-6tlaStreet. , · 500649 I~o BI.Aa · 0909 Brian' Brewer "2.00 hr $95.70 0524 Colen Corey 4.50 hr $143.10 3013 '92 GMC I-TON p,n.j 4.50 hr $40.50 1712 John Corey IV 4.00 hr $127.20 3025 '93 GMC 1-TON DUMP 4;00 hr $32.00 CDX Kitsap Lumber-4'x8'xl/2" CDX & nails 13'.00 ea $167.05 0136 Dean smith 3.00 hr $95.40 3057 '90 DODGE I-TON (DIESEL) :4.00 hr $36.'00 CDX Kitsap Lumber-4'xS'xl/2" CDX & nails 13.00 ea $167.05 16.50 hr 0.00 hr $985.60 SUMMARY FOR WORKORDER: SDS00010 Labor: $525.00 Total Regular Labor Hours:. 16.50 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $126.50 Total Labor Hours: 16.50 Materials: $334.10 Total Regular Equipment Hours: 14.50 Sales Tax: $0.00 Total Overtime Equipment Hours: 0.00 Total: $985.60 Total Equipment Hours: 14.50 SD50O010 Page I AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: JUNE 14~ 2000 Resolution # :3,'7~c/ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. removal of vegetation on the listed properties. ORIGINATOR: Al Duke DATE SUBMITTED: 2. CLEARANCES: (Coinm~ ~t on back if 3. EXHIBITS: Fire Chief:. ! ~ ~ 1. Resolution # ~ 56/ City Clerk. ~ (-~ _ 2. Property Identification List City Attorney./',~~ .~:-~_.a?~d__.CC/'J~-~,.E~_, 3. ~]iotos (aVAILABLE At FIRE DEPT.) Dir. Of Comm.'Yl)e'~.: U.-~- --~~ --IJ~"x~E~gn~'a~ ENDORSEMENT _,~XNFORMATION "APPROVED ]YY'C~~ PI~ESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Ordinance ~4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code, Council is asked to approve the removal of the nuisance vegetation on the property and collection of the costs incurred by personal judgment against the owner and a lien against the property. RECOMMENDATION: j, ,o ,. ........... . ...... :, ,__. . g'? ~ C~, order ~hat the nuisance vegetation on ............... ,u,.~ that x.u ..... , ~,j Resolution # the properties identified by the attached listing be removed by the City with fees incurred collected as reasonable abatement costs, which shall become a personal judgment against the owner and a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED ~~'~1 B COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 0 O- 14 8 2. CI,EARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Ordinance ~4584 would not be enforced and nuisance vegetation would continue to thrive in the City of Bremerton. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A WEED ABATEME LISTING T)olo - JUNE 14, 2000 d 1. 328 S. Hartford Roger Heinselman 328 S. Hartford Bremerton, WA 98312 2. 1406 Ivy Road Boyd and Susan Watkins 804 SW 148t~ St. Seattle, WA 98166 d 3. 2530 N. Lafayette John H. Page 6102 Reid Dr. NW Gig Harbor, WA 98335 d 4. 1112 N. Montgomery Briekley Daniel F. 1112 N. Montgomery Avenue Bremerton, WA 98312 5. 3521 Pine Road CIT Group P.O. Box 24610 Oklahoma City, OK 73124 6. 1102 Pleasant Norman Jack Lee Jr. 2115 Burwell Place Bremertorr, WA 98312 7. 107/109/111 Rainier Samuel Belcher 1339 Garrison St. Port Orchard, WA 98366 d 8. 602 Sheridan Road Daniel and Paula Milovich 518 Sheridan Road Bremerton, WA 98310 9. 1920 - 6~ Street Christian and Corinna Munter 1920 - 6t~ Street Bremerton, WA 98312 10. 2105/2107 - 7th Street James W. Buhl 3107 Perry Avenue Bremerton, WA 98310 v/ 11. 2137 - 7th Street Margaret Zachara 2137 - 7th Street Bremerton, WA 98312 12. E. of 2137 - 7m Street Margaret Zachara 2137 - 7t~ Street Bremerton, WA 98312 13. 2000 Blk orE. 18t~ Jamie Marie O'Day 3818 Corliss Avenue N. Seattle, WA 98103 RESOLUTION A RESOLUTION approving nuisance vegetation abatement on the listed properties and determining means of collection of costs incurred for its removal. WHEREAS, the City of Bremerton passed ordinance tt4584 in February of 1997 which declares certain vegetation a public nuisance, a fire ha?ard and a menace to public health, safety and welfare and requiring its abatement; and WllE~S, Section 9.14 of the Bremerton Municipal Code allows the City to remove nuisance vegetation and recoup the costs by personal judgment against the property owner and as a lien against the property; and WHEREAS, the City Council is charged with determining whether the vegetation is a nuisance and whether it shall be removed and has considered the report filed by the Building Official and any protests or objections fried; now therefore BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the vegetation shown to exist on the listed properties is a nuisance. 2. That the City of Bremerton will exercise its right to remove said nuisance vegetation and recapture abatement fees by pursuing a personal judgment against the property owner and filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 CAROL ARENDS Council President AGENDA BILL BREMERTON CITY COUNCIL FIRST READING 1. SUBJECT: Public Hearing/Ordinance # FOR AGENDA OF: June 14~2000 ORIGINATING DEPT.: DCD APPROV I NG DEVELOPMENT AGREEMENT OF OLYMP I C ORIGINATOR: Bill Palmer PROPERTY GROUP, FOR THE WEST HILLS PROJECT I}ATESL~I]IVIITI'ED: Junel, 2000 2. CLEARANCES: .(Comment on back if 3. EXHIBITS: ue~e~k.~) L~~ Ordinance NO. Comm. Dev. Dir_.: ~.~.1]0~1,~.4 ~~ s, ..Noti,--~ ,~rthablic Hearine /'~.:.f/,'~-x.,,- //f/ ' //~' -~'~ffReport with Relev~'nt Attachments City Attorney .~../~,~'~~~~,~ ~n~fing Commission Minutes of April 18, Pubic Work Final & Budget: City Clerk: -J~ ~(X,~ C~~._~ ENDORSEMENT X~ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The applicant has submitted for City review and approval a Development Agreement which would extend the West Hills Project, initially approved on March 14, 1997 under Resolution No. 2599 for a fifteen year period. In addition to other terms, all of the original conditions of project approval have been incorporated by reference into the proposed development agreement. Said agreement received Planning Commission approval on April 18, 2000. 5. RECOMMENDATION: I move to approve on first reading Ordinance No. authorizing the Mayor to sign the West Hills Development Agreement. 6. RESPONSIBLE OFFICIAL: William M. Palmer ENFORCEMENT OFFICIAL: EXPIRATION DATE: N/A REVIEW DATE: N/A 7. NOTICE OF ACTION 1 1C PULLED ~ TABLED ~ APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: The West Hills Project would proceed as agreed to through the Development Agreement. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Not significant. 12. RESEARCH SOURCES: Zoning Ordinance File Site Visits ORDINANCE NO. AN ORDINANCE APPROVING THE DEVELOP~ AGB1?I~.MP_.lxff O1~ OLYMPIC PROPERTY GROUP, LLC FOR THE WP. ST HIT.I S PROJECT PURSUANT TO RCW.:30.70B.I?0 AND BMC c21.0g.g00. W~S the We*t Hill., Preliminar~ Pl~t ~ncl Pl~necl Unit Development Hillz Proj~) w~ app~ ~9 ~e Citq o~ ~emez[o~ Maq 14, 1O~, Re~olu~ion No. 9~ W~ t~e Ume l!~i~ {or complefi~ ~e W~t Hilh Proj~ do not p~de time {or l~8e proj~ l~e ~e W~t Hdh P~oj~ to ~ pl*~-~ ~d d~l~ W~ a D~elopmen~ ~z~men~ (DA) c~ inm~ra~e ~ o~ ~e pr~iom con~fio~ o~ oppr~ mn[oin~ in ~soluiion N~ ~ and m~e i~ ~ ~ ~e D~ and W~ &e Wes~ Hdls DA inco~ra~es ~ o~ ~e mn~io~ o~ oppr~, pro~q impr~emen[ ~ro~emen~ an~ ~e n~e~ mi[i~ofiom lox ~e proj~'s d~elopmen~ induAi=5 ~e ~tote ~romen~ Poh~ Act (S~A) mit~atio~ ~o~d in R~ution No. ~ and W~S ~e W~t Hi~ D~opment ~x~ment w~ r~ew~ in li~t ~ t~e r~remen~ o~ S~A, and a ~[e~nofion o~ Non-~iSn~i~ce (DNS) ~ d~ i~ ~d and ~er mmidezi~ ~e s~ re.ri ~d ~e p~lic mmments r~iv~ r~ommend~ approv~ ~ t~e pro~ W~t ~ill. D~opment ~ment; ~d P~e P.a[~ 1. The We.~t ~ DA mee~ ~e i-t~ ~ i~comor~t~ &e ~io~ o{ R~o~ N~ ~ ~d ~e r~emen~ set to~ ~ BMC, ~ion ~.~.~c~ and 3. ~e W~t Hdls DA pr~ tot r~emen~ pr~en~ n~ ~o implement pr~ (~ on ~d o~ife) ~d ~o pr~~ to implement od~Uo~ r~rmen~ ~ ~e n~ ~es; now theretore ~ CI~ OF B~TON DO~ O~N: ~X.~ction 1. T~e Wes~ Fidis DA he approved and t]~e Magor is autkorizecl to si~ said a~eemen~ on t>eka~[ o~ t~e Cihj. Section ~. Re~olution No. ~ is ineo~orafec~ kerein and o~ ferms conchtions f~:terein ~'e e~[e~c~ec~ in eoz~ortmsnce x~-iLi:t f~e ~erms nnC~ conchtionz confalxtc~c~in f~e Dev~opm~af A~reemenf. Section 3. The e~ecfixre c~fe o:[ ~latn orchxtance s~tall l>e fen (10) clags from fJae clare passage and pu~hcafion APPROVED ht] the Citg Council o~ the Cif9 o~ Bremer~on ~ Clog o~ ,~000. Po~,ec~ ]~ f.~.e Cif~J Council c~ Bremerfon fkis clot] o~ ,0000. f:: Cif-q Cou_nci] President APPROVED this dag oi , ~000 ATTEST: LYNN HORTON Magor KATHLEEN McCLUSKEY Pas e c2 c~ cd WHEN RECORDED, RETURN Marco de Sa e Silva Davis Wright Tremame LLP 2600 Cemury Square 1501 Fourth Avenne Seattle, Washington 98101 WEST HILLS DEVELOPMENT AGREEMENT Grantor. Olympic Property Group LLC Grantee: City of Bremerton Abbreviated Legal Description: Portion of Sections 21, 28, and 29, Township 24 North, Range 1 East, Kitsap County, Washington. Complete legal description is at Exhibit A (pages 10-13) hereto. Assessor's Property Tax Parcel Account Numbers: 282401-1-085-2001 282401-I-I)86-2000 212401-3-006-2000 212401-3-007-2009 292401-1-018-2002 Reference to Related Document: No documents are assigned or released hereto. PckL. EGAL\we~t,MJ'.ls~evelqanent Agreement. do66,6.00 R:~LEGAL\w,~t hill s~D~ve, lopa~ m Agr~"'~nt .dec\6.6,00 o6/o6/oo\1o:12 AM 1 WEST HILLS DEVELOPMENT AGREEMENT THIS WEST HILLS DEVELOPMENT AGREEMENT (this "Agreement") is entered into by OLYMPIC PROPERTY GROUP LLC, a Washington limited liability company ¢'OPG") and a wholly-owned subsidiary of POPE RESOURCES, a Delaware limited partnership ("Pope"), and the CITY OF BREMERTON, a Washington municipal corporation (the "City"), to establish development phasing and development standards for certain real property owned by. OPG commonly known as "West Hills," as provided herein. RECITALS WHEREAS, OPG owns certain real property legally described on Exhibit A attached hereto (the "Property") comprising approximately 270 acres and located within the City of Bremerton, Kitsap County, Washington; and WHEREAS, in May 1997, the City completed one phase of environmental review of develotnnent of the Property under the State Environmental Policy Act, RCW 43.21C, and granted to Pope certain subdivision and land use approvals for the development of the Property, including a mitigated determination of nonsignif~cance, zoning map amendment, preliminary planned unit development approval, and preliminary plat approval, for an industrial and residential mixed use development (the "Project"); and WHEREAS, after May 1997, Pope prepared final engineering plans for the construction of roads, water lines, sanitary sewer lines, and storm water drainage facilities within the Project, completed rough grading for portions of the Project, acquired easements for a sanitary, sewer main, constructed some required utility and roadway irffrastmcture for the Project (including over a half mile of sanitary sewer main), and otherwise invested significant amounts of human energy, time, and money in the Project; and WHEREAS, in May 1999, on Pope's request, the City extended for one-year its preliminary approvals for the Project; and WHEREAS, in Novemher 1999, Pope conveyed the Property and other development lands to OPG, its wholly-owned subsidiary, as part of a company-wide restructuring; and WHEREAS, the City desires to encourage the timely and orderS' developrnent of the Property, to allow that development to occur when market opportunities arise, and to establish a means of flexibly responding to different real estate market needs; and WHEREAS, the City and OPG desire to preserve the significant investments of the City. and Pope in Project design, environmental review, public hearings, decision-making, and construction; and R:~LEGAL\wezt hills~evelopment Agreement.doc~6.6.00 0~0~00\10:32 ~ 2 WHEREAS, the parties desire to enter into a Development Agreement regarding the subdivision, development, and use of the Property, in order to facilitate the timely and orderly completion of the Project; and WHEREAS, the parties desire to establish the development standards for the Property, for a determined period of time through this Development Agreement, to ensure that for a reasonable period of time the Property may be developed in a manner that is consistent with a single set of standards; and W~HEREAS, the industrial portion of the Project already is vested under RCW 58.17.140 until May 2002; and WHEREAS, the parties desire to rely upon the legal authority for the making of a development agreement established under the Bremerton Municipal Code and Laws of Wa.qhington, flmluding BMC 21.02.900 and RCW 36.70B.170, as amended; and WHEREAS, thc City Council voted on June 14, 2000, to approve Ordinane~ NO. , under which the City Council and a property owner, through a development agreement, may extend otherwise applicable time limits for project approvals and permits, as authorized under RCW 58.17.140; and WHEREAS, the City Council voted on June 21, 2000, to approve Ordinance No. __, approving the City's execution and delivery of this Agreement. NOW, THEREFORE, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. Establishment of Development Standards. The following subdivision and land use approvals, land use controls, and development regulations, together with impact fee and other City regulations, in the form in effect as of the West Hills project vesting date, March 3, 1997, unless a later date is indicated below or is consented to by OPG, shall constitute the Development Standards (collectively, "Development Standards") governing the subdivision, development, and use of the Property: a. City of Bremerton Ordinance No. 4595, approving a zoning map amendment relating to a portion of the Property,, approved June 26, 1997 (the "Rezone Ordinance"); b. City of Bremerton Resolution No. 2599, approving the 'West Hills prelflninary planned unit development and preliminary plat, approved May, 1997 (the "Resolution"); c. City of Bremerton Mitigated Determination of Nonsignificance regarding the Property, dated ~.~"~, [~ __, 1997 (the "MDNS"); d. City of Bremerton Ordinance No. __, approving amendments to BMC 21.02.900, IEkLEGAL\west Mils\Development AgreemenLdc, e,6.6.00 3 regarding development agreements, and BMC 21.02.520, regarding time limits for planned unit developmem plans, approved June 14, 2000 f. City of Bremerton Comprehensive Plan; f. City of Bremerton Critical Lands Ordinance, BMC Chapter 21.22; g. City of Bremerton SEPA Ordinance, BMC Chapter 21.12; h. City of Bremerton Zoning Code, BMC Chapter 21.02; i. Storm Water Management Standards, BMC Ch. 15.04, in the form in effect as of the West Hill.q vesting date, March 3, 1997, unless (i) the Washington State Department of Ecology ("DOE") or any other federal or state government agency is given statutory authority to determine the storm water manageanent standards enforced by the City and to supersede OPG's vested ~ under this Agreement, and (ii) DOE requires that the City enforce more rigorous storm water managenl~nt standnrds than those in the form in effect as of the West Hills vesting date, Mamh-3; 1997, in which case the more rigorous standards shall control; j. Road and Utility Standards (1) Industrial Portion of Property City of Bremerton road and utility design and construction regulations, including without limitation those found at BMC Chapters 15.02 (water) and 15.03 (wastewater), in the form m effect as of the West Hills vesting date, March 3, 1997, as to that portion of the Property zoned IP (Industrial Park) on the date of this Agreement; (2) Nonindustrial Portion of Property City of Bremerton road and utility design and construction regulations. including without limitation those found at BMC Chapters 15.02 (water) and 15.03 (wastewater), in the form in effect as of the date on which OPG Ides with the City a complete preliminary plat/planned umt development application as to that portion of the Property not zoned IP on the date of this Agreement. 37 k. Other provisions of the City of Bremerton Municipal Code (except to the extent inconsistent with the Rezone Ordinance, the Resolution, and the MDNS, which shall govern in the event of any inconsistency) in the form in effect as of the West Hills project vesting date, March 3, 1997. 2. Required Elements. a. All major project components, including the specific uses to be allowed, residential densities, commercial, or industrial site and floor areas, and off-street parking, are governed by the Development Standards, except that residential densities may increase subject to the approval of the City upon the completion of additional environmental review relating to the residential portion of the Project and subject to the City's approval of a rezone if proposed densities exceed the densities allowed under the Development Staru!_axds. b. I_andscaping, buffers, parks, recreation areas, open space, and sim~r features are governed by the Develo~ Standards. c. OPG is encouraged to provide affordable housing within the residential portions of the Property. d. All required mitigation measures, development conditions, and other requirements of project approval are governed by the incorporated Resolution, which shall continue to apply to the Project notwithstanding this Agreement, except that upon the completion of additional environmental and project review relating to the residential portion of the Project, additional mitigation measures, development conditions, and other requirements may be imposed to mitigate the environmental impacts of development of the residential portion and to otherwise cause development of the residential portion to conform to applicable legal requirements. e. All required financial agreements, including any required impact fees, in-heu fees, inspection fees, dedications, financial contributions, and reimbursement provisions are governed by the conditions of the incorporated Resolution. f. Design and development standards to be apphed to the project, including maximum heights, setbacks, landscaping, drainage, utilities, parking, signage, critical area buffers. ~:' and any others, are governed by the Development Standards. Changes to these standards may be requested by OPG, subject to City approval in final planning relating to the planned milt development portion of the Project. No changes in these standards, including without limitation changes that would reduce the developable area of the Property or increase the cost of the Project, shall be applied to the Project without the consent of OPG. g. Review procedures, phasing program, and criteria for project decisions shall be governed by the Development Standards. OPG may finalize and complete the Project in one or more phases. OPG may designate any portion of the Project as a proposed phase prior to P,: ~LEGAL\w~st hill s~L-~velopm~nt Agreement.docX66,00 5 submitting an application for final plan or plat approval, and the City and OPG then shall discuss and use best efforts to agree upon the requirements of Project approval applicable to that phase, 3. Development Period. The Development Standards designated in Section 1 above ~hall remain unchanged and apply in full force and effect for development of the Property for fiiteen (15) years following the effective date of this Agreement (''Development Period"). During the Development Period, OPG shall have the right to obtain approvals and permits, including final plat and final planned unit development approvals, and develop the Property in accordance with the specified Development Standards. This extended Development Period is specifically intended in part to extend for the duration of the Development Period the time periods otherwise applicable to the preliminary plan, preliminary plat, and other approvals of the Project, including (a) the duration of preliminary plan approval, praliminary plat approval, and other approvals and permits, (b) deadlines for filinE final plan.% final plats, and other applications and designs, and (c) deadlines for c.~;m,en~ing and completing the development of an approved final plan, final plat, or other projext. No~ the foregoing, the City reserves the right during the Development Perk~ to modify the Development Standards to the extent required by a serious thre~ to public health and safety. The Development Standards shall cominue to apply to the Property after expiration of the Developmem Period, except that after the expiration of the Development Period either party may terminate this Agreement by one huM_red eighty days prior written notice of terminatinn to the other party. For purposes of thin section, OPG ~hall be a party to this Agreement as long as OPG owns any portion of the Property, or if not, any parent, subsidiary, or other atYdiate or OPG owning any portion of the Property, or if none or more than one, the designee of OPG, or if none, any property owners association representing the owners of the Property, or if none, the owner or owners ora majority of the area comprising the Property. 4. Werner Road Improvements. Under Section 13.b of the Resolution, OPG is obligated to contribute its fair share of the cost of certain improvements to Werner Road (the "Werner Road Improvements"). OPG shall pay interest to the City on OPG's unpaid share of the cost of the Werner Road Improvements at the Bank of America's prime rate beginning on the date on which the City awards the construction contract for the Werner Road Improvements until paid in full. The City agrees to cause the owners of other properties specially benefited by the Werner Road Improvements also to contribute their fair share of the cost of the Werner Road Improvements, to the extent that the City has legal authority to do so. 5. Successors in Interest. This Agreement shall be recorded in the real properl3, records of Kitsap County, Washington. The agreements and covenants herein shall attach to and run with the Property and be binding upon and inure to the benefit to the parties and their heirs, successors, and assigns. The parties acknowledge that development of the Property will include the subdivision and sale of portions of the Property ("Individual Parcels") to other persons who will own, develop, and occupy the Individual Parcels. The City has authority under its code provisions to require bonds or other security for performance of construction obligations through plat or other permit approvals relating to the Individual Parcels. OPG shall have the right to ~Ea~Lx~tassign or h~s~v~o~,~transfer all ~t~.~.00°r any portion of its interests, rights, or obligations under this Agreement or m the Property to other parties acquiring an interest or estate in all or any portion of the Property, including tran~er of all interests through foreclosure (judicial or non-judicial) or by deed in lieu of foreclosure. Consent by the City shall not be required for any tran~er of rights pursuant to this Agreement. Upon such transfer, the tran.qferee shall be entitled to all interests and rights and be subject to all obligations of OPG ,nder this Agreement, and OPG shall be released l~om liability as to the portion of the Property transferred. 6. Amendment. This Agreement may be mended by the written agreemem of OPG and approval of the legislative authority of the City by ordinance. For purposes of this section, OPG shall be a party to this Agreement as long as OPG owns any portion of the Property, or if not, any parent, subsidiary, or other affiliate or OPG owning any portion of the Property, or if none or more than one, the designee of OPG, or ff none, any property owners association representing the owners of the Property, or if none, the owner or owners of a majority of the area compri.~ng the Property. 7. No Precedent. The conditions contained in this Atgeement are based upon the unique cimnmntances applicable to the Prol~rty, and this Agmemem is not intended to establish a precedent for development agreementq relating to other properties in the City. 8, Enforcement. Either party may institute and prosecute a proceeding for specific performance of this Agreement or for any other reanedy provided by law. 9. Governing Law. This Agreemem shall be governed by the laws of the State of Washington. 10. Effective Date and Term. This Agreement shall take effect on the date on which the City's approval of this Agreement takes effect, which is the date of this Agreement noted below. The term of this Agreement shall cominue for a period of fffieen (15) years following its effective date but may extend beyond such period as provided hereinabove. DATED this __ day of ,2000. OPG: OLYMPIC PROPERTY GROUP LLC, a Washington limited liability, company By Its Date: CITY: CITY OF BREMERTON, a political subdivision of the State of Washington Lynn S. Horton, Mayor DEPARTMENTAL APPROVAL: Community Development William M. Palmer, Direc~tor Public Works and Utilities W. Eugene Sampley, P.E., Director RzXLEGAL',west hfll$~Development A~'eement.docX6.6.00 APPROVED AS TO FORM: Glenna Malanca, City Attorney ATTEST: Kattdeen McCluskey, City Clerk STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this __ day of ,2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of OLYMPIC PROPERTY GROUP LLC, the limited liability company that executed the foregoing instmment~ and acknowledged said instmmem to be the free and voluntary act and deed of said company, for the uses and purposes therein memioned, and on oath stated that he was authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year fa-st above written. ~.~ NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Print Name STATE OF WASHINGTON COUNTY OF KITSAP Ri~LEGAL\west hillsXDevelolane~ Agreement. doe\6.6.00 On this __ day of , 2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commi.qsioned and sworn, personally appeared Lynn S. Horton, to me known to be the Mayor of the City of Bremerton, Wa.qhington, the gity that executed the foregoing instmmem, and a~knowledged said instrument to be the l~ee and voluntary act and deed of said city, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said iustmment. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Print Name R:~LEGAL\west hill s~eloi~nt Agreement. doc\6 6.00 10 EXI~BIT A Description of Property PARCEL "A' THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 88° 31' 45' EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 1312.38 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF 3~m STREET; THENCE SOUTH 12° 00' 54" WEST ALONG SAID MARGIN 61.16 FEET TO THE POINT OF BEGINNINCr, THENCE CONTINUING SOUTH 12° 00' 54"WEST ALONG SAID MARGIN 378.23 FEET; THENCE LEAVING SAID MARGIN SOUTH 24° 41' 44" WEST 18.22 FEET; THENCE SOUTH 12° 00' 54" WEST 61.11 FEET TO THE BEGINNING OF A TAN~ CURVE TO THE RIGHT HAVING A RADIUS OF 45.00 FEET; THENCE CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 48' 41", AN ARC DISTANCE OF 55.62 FEET; THENCE; SOUTH 82° 49' 36' WEST 30.85 FEET; THENCE NORTH 88° 04' 59" WEST 240.41 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 450.00 FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 48' 25", AN ARC DISTANCE OF 92.73 FEET; THENCE NORTH 13° 42' 46" WEST 45.36 FEET; THENCE NORTH 45° 23' 43" EAST 628.56 FEET; THENCE SOUTH 88° 31' 25" EAST 63.96 FEET TO THE POINT OF BEGINNING. PARCEL "B' THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., LYING WEST OF THE WEST MARGIN OF 3m) STREET, IN KITSAP COUNTY, WASHINGTON. EXCEPT ANY PORTION THEREOF LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEi:r, THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 5T' EAST 400.00 FEET; R:~LEGAL\west hills~D~v~o~ae~ Agreem~ nt.doc\6.6.00 11 THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25' 42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; THENCE SOUTH 61° 44' 15" EAST 258.89 FEET; THENCE SOUTH 25° 16' 38~ EAST 451.32 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE TERMINUS OF THIS DESCRIBED LINE. ALSO EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M_, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHV~ST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 88° 31' 45" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QIOARTER 1319-38 FEET TO THE WESTERLY RIGHT OF WAY MARGIN 'OF 3v~ STREET; THENCE SOUTH 12° 00' 54" WEST ALONG SAID MARGIN 61.16 FEET TO THE POINT OF BEGINNINg, THENCE CONTINUING SOUTH 12° 00' 54'WEST ALONG SAID MARGIN 378.23 FEET; THENCE LEAVING SAID MARGIN SOUTH 24° 41' 44" WEST 18.22 FEET; THENCE SOUTH 12° 00' 54" WEST 61.11 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 45.00 FEET; THENCE CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 48' 41", AN ARC DISTANCE OF 55.62 FEET; THENCE SOUTH 82° 49' 36" WEST 30.85 FEET; THENCE NORTH 88° 04' 59" WEST 240.41 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 450.00 FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 48' 25", AN ARC DISTANCE OF 92.73 FEET; THENCE NORTH 13° 42' 46" WEST 45.36 FEET; THENCE NORTH 45° 23' 43" EAST 628.56 FEET; THENCE SOUTH 88° 31' 25" EAST 63.96 FEET TO THE POINT OF BEGINNING. PARCEL "C' THAT PORTION OF SOUTH THREE-QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21 AND THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28. TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE R~LEGAL\west hill s~k-velo~aenl Agreemeng doc~.6.00 12 SOUTH 44° 49' 13" WEST 235.99 FEET TO ANON-TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 13' 40', AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25' 42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; THENCE NORTH 61° 44' 15" WEST 124.67 FEET; THENCE NORTH 31° 49' 55" WEST 435.00 FEET; THENCE NORTH 06° 17' 07" EAST 159.97 FEET; THENCE SOUTH 83° 18' 31" WEST 213.21 FEET; THENCE NORTH 06° 53' 07" WEST 128.57 FEET; THENCE SOUTH 89° 58' 59" WEST 71.97 FEET; THENCE NORTH 15° 48' 26" WEST 248.07 FEET; THENCE NORTH 16° 37' aA" EAST 183.98 FEET; THENCE NORTH 53° 39' 36" EAST 260.29 FEET; THENCE NORTH 11° 30' 55" WEST 557.55 FEET; MORE OR LESS TO THE NORTH LINE OF THE SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88° 47' 38" EAST ALONG SAID NORTH LINE 754.21 FEET TO THE NORTHEAST CORNER OR SAID SOUTHTHRg~-QUARTERS OFT HE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01° 58' 19" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 992.96 FEET TO THE POINT OF BEGINNING. PARCEL "D' THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTH THREE- QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, AND THE NORTH HALF OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., IN KITSAP COUNTY, WASHINGTON. EXCEPT ANY PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINES: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25' 42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; TO A POINT HEREINAFTER REFERRED TO AS POINT "A", ALSO BEING THE POINT OF BEGINNING FOR THIS LINE; THENCE SOUTH 61° 44' 15" EAST 258.89 FEET; THENCE SOUTH 25° 16' 38" EAST 451.32 FEET, MORE OR LESS TO THE SOUTH LINE OFTHE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE TERMINUS OF THIS PORTION OF AFOREMENTIONED LINE. R:~I.EGAL\west hills~evelq:anenl Agreeanent .doc~6.6.00 13 ALSO EXCEPT ANY PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINES: BEGINNING AT THE AFOREMENTIONED POINT .... THENCE NORTH 61° 44' 15" WEST 124.67 FEET; THENCE NORTH 31° 49' 55" WEST 435.00 FEET; THENCE NORTH 06° 17' 07" EAST 159.97 FEET; THENCE SOUTH 83° 18' 31" WEST 213.21 FEET; NORTH 11° 30' 55" WEST 557.55 FEET, MORE OR LESS TO THE NORTH LINE OF THE SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, ALSO BEING THE TERMINUS OF THIS LINE. PARCEL "E" THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 29, TOWNSI-m)24 NORTH, RAlqGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH ONE-EIGHT OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29. DraR lVfinutes for Approval Planning Commission Meeting April 18, 2000 I. Roll Call Thos~ print were: Chairman Griggs, Commissioner Boyd, Commi~ioner Kosusko and Commissioner Moshay. Commissioner Dingfield was absent. Quorum certified. I1. Call to Order The mee~ting was called to order by Chairman Griggs at 5:40 p.m. Ill. Approval of Agenda The agenda was approved as presented. Item #5 has been withdrawn (per applicant). IV. Public Meeting A. Call to the Pubic (public comments on any item not on tonight's agenda): Mr. Paul Seheyer, 2111 Madrona Pt Dr., stated that the Zoning Code was adopted in 1997 and it had a glitch in it. All of the allowed intrusions into the sideyard were eliminated, therefore, the City Attorney ruled that a glitch becomes a law. He feels that this needs to be fixed and that staff has been allowing intrusions and ail those buildings are illegal. He feels that this should be legislated and asked that the present City Attorney clarify this. Commissioner Kosusko asked if Mr. Rife (City Attorney) or Mr. Palmer (Director of Community Development) had any comments regarding Mr. Scheyer's statement. Mr. Palmer, stated that he had made note of the comments and would be addressing them during the "Director's Report" portion of the meeting. Mr. Mike Miller, 1436 Madrona Pt Dr., asked that the words "incidental" and "subordinate" be defined more specifically in the Zoning Code. These words do come up in the Code quite often and do have a huge impact on developments. Flannin9 C_a:a, nrni~,ion n'~ ~,.NI,~-.O0 Fa~ I ~ 9 B. H~fing 1. Reconvening of Building Permit Review (99-0151) for a new garage at 1409 Madrona Point Dr. Applicant: Don Hoitz. Previously appealed (PL99-0068). Appellant: R. Wes Henry. This item was continued from the March Planning Commission meeting. Mr. William Palmer, Director of Community Development, stated that all public testimony was taken at the March meeting. The Planning Commission closed testimony to make a decision at tonight's meeting. One of the reasons that they did not complete the decision making process at the last meeting was because there was an issue raised by the applicant's attorney having to do with legal standing of the appellant. The Commission deferred their action until this meeting so that the City Attorney could have the opportunity to research the particadar legal issues. Further public testimony has been dosed. Mr. Knute Rife, Assis~ City Attorney, said that there were two motions to dismiss based on procedme~ ~Afte~ reseamh, he reached the following: conclusions that he recommended the Planning:Co~ons adopt: The motion for dismissal challenging Mr. Henry's standing: This appeal is before the Commission on remand after an initial hearing last fall and at~er review by the Council The standing issue was not raised at the first Commission, nor before the Council. He recommended that the Commi.qsion concludes that the motion is urn/mely and that they deny it. It is too late and it should have been brought up last fall. The motion for dismissal arguing that the earlier tie vote fi'om last fall consfiUaed a failure of proof by Mr. Henry and thus resulted in a~rming the building permit, and that the Commission roles may not provide otherwise. The attorney recommends that the Commission state that they are aware of no authority requiring invalidation of its rules. In fact, on at least one occasion the State Supreme Court has ordered rehearing of a case after reaching a tie in spite of a constitutional provision requiring that it have a majority in order to reverse a trial court. Therefore, he urged that they conclude that the rule is valid and that the motion be denied as well. They can then proceed on to the merits of the appeal. Mr. Rife stated that the Commission needs to decide whether they accept or deny the motion made by Mr. Holtz's attorney. A vote was taken on the issue of a Motion to Dismiss based on whether the appellant, R. Wes Henry, has standing to appeal a Type I Administrative Decision - Boyd, deny; Kosusko, deny; Moshay, deny; Griggs, deny. Vote by Commissioners - denied 4/0. A vote was taken on the issue of a Motion to Dismiss based on the earlier tie vote should be a resolution of the case, affirming the building permit: Boyd, deny; Kosusko, deny, Moshay, affirm, Griggs, deny. Vote by Commissioners - denied 3/1. Commissioner Boyd made a motion to deny the appeal (PL 99-0068) of the building permit (99-0151). Commissioner Moshay seconded the motion. Flemnin~j C, ommi.eeion rrf~ 4--1E*-00 F,3~j~ 2 of 9 Commissioner Ko~usko stated that the matter of concern was not the size of the building, but the size of the building as it pertains to the lot that it sits on. The zoning code very clearly states that you can have two lots and have the primary residence on one lot and an accessory building on the other, which is the case with this application. There has been a stipulation placed on the deed of the house stating that if the properties are sold separately there must be a provision for parking on the house property. The garage property must also gain a primary residence. He has great difficulty with this, as this garage would cover 40% of the lot (which is allowable in this zone). If these two lots are divided, someone will have to mm this garage into a residence. He is concerned that the City have a way to enforce this. He is convinced that the City can do this with the way deeds are set up. He is in favor of denying the appeal. Commi~ioner Boyd agreed that she doesn't like the project and if she lived in this neighborhood, she would be equally tmhappy, however, she doesn't feel that she has any legal basis to deny the applicant his permit. There has not been any evidence ~ to deny this Commi~ionerKo~mk~wanted to address the issue of,~suhord~-.' YOu can have a ~ldn~ who is~short, who has his warrio~ about him tl~ arevery big. Those warriors are subo~e to that king. He does not feel that size has anything to do with subordinate. Chairman Griggs asked for a vote from the Commissioners: Chairman lloyd, yes; Kosusko, yes; Moslmy, yes; Griggs, abstain. Motion passes. Mr. Rife asked Chairman Griggs if he would like staffto ch'a~ formal findings on this motion for signature. Ch~-m~m Griggs responded yes. 2. Development Agreement (PL99-0096) for Olympic Property Group to incorporate a planned unit development application (approved by the City in 1997) for 270 acres located in the West Hills area, south and west of Pendergast Park, near Pendergast Park Road and 3rd Street West. This item was continued lmm the March Planning Commission meeting. William Palmer stated that this is a project that was approved several years a~o, known as the West Hills project irt West Bremerton. He asked that Mr. John Rose from Olympic Property Group provide background on this project. Mr. John Rose, Vice President of Property Development for Olympic Property Group, a subsidiary of Pope Resources. Mr. Rose said that the West Hills PUD has been owned by them since 1990. They acquired this property in a land trade with the City of Bremerton. The City had this property and Pope Resources had property that was in the City's watershed. The clean water act had come to pass that said that cities either needed to gain control of 100°/6 of their watershed or cover all their reservoirs. Covering reservoirs and doing expensive treatment at the Casad Dam wasn't something that was feasible. They made commitments to the City. One of them was I~lannin~J Comrni~-oio~ rrr~ ~'1~30 F~a=j~ 3 of 9 ~-~ that whenever they did any land development, they would look at the whole piece. There was a lot of concern that someone would come in and do a corner here and a comer there. The city was interested in getting a quality project. This is located near Pendergast Park. Since the 1990's there has been a lot of' activity on the planning side. There has been a timber harvest on a great deal of the property, but left the stream and wetland corridors intact. The use was changed to Industrial Park through the Comp Plan. They also made an agreement that the zoning was divided by percentages. This allowed creativity and flexibility. In 1997 they began meeting with the neighbors ahead of any type of permit application. All environmental studies had been done (geology, wetlands, drainage reviews, public services) before meeting w/neighbors. There were at least two meetings with neighbors prior to their submitting applications. In March 1997 they applied for the PUD. There is a residential portion and an industrial park portion The: industrial park is closest to being developed, and is closer to the-roads that are already exist. It consists of 60 acres, 38 ofwhich are on lots, 12 acres are in open space, andthe ~:portionis, in roads: They wanted to makeupas many small lots aspossible: This gives them'the:oPPommity to be more flexible. There are a lot of power lines on the property: They .- orient~the lots in that area so that th~ can put buildings either inthe front or the back of the lot to stay out of the power lines. There is a large area that remain.~ forested and allows a buffer lxan.4tion between the residential and the industrial park, The residential area (210 acres) would be 450 units. He stated that the PUD had passed unanimously through the Planning Commi,sion and City Council. He believed that there were no neighborhood groups against this proposal. A 12" watermain has been extended up to this property fi.om Wastewater Treatment Plant. A sewer line has also been added. Some of this property has been graded. This allowed possible users to visualize the property and what it's potential might be. Commissioner Boyd asked if Union Avenue was the main access for this property? Mr. Rose said yes, this was the main emmnce for this project. Traffic studies were done, and the width of the road did not warrant adding lanes or widening the roads. One of the conditions of approval was to get a mm lane at the Pendergast Park access road. When the PUD provisions in the zoning code were set up, initially it had been a two year life to the PUD. This has now been 10 years in the making and they have yet to get their first user. This is a long-term business proposition. They received a one year extension for the PUD in 1999. They do not feel that this is the most orderly way to invest in this property. The Development Agreement gives this PUD a longer life. The City's ordinances are not set up for this. He referred to the next item on the agenda (to amend the BMC) that, if approved, would assist this project. Mr. Palmer, stated that in order for the Olympic Property Group to continue in their marketing efforts and their property development program, there has to be a mechanism to accomplish this. The Development Agreement will help initiate this PUD through the process. This project has an extended build-out time. They are looking for a 15 year time period for this project. There are Planning Commi~ion mtg 4-18-00 Page 4 of 9 also Wemer Road improvements, including traffic fights and road widening. This agreement is worded so that as portions of this project are developed, they would make a pro-rated share to the City based on the amount of area that is under consideration. The applicant will pay those costs with interest, which is tied to an investment fund for the City. Another provision is that Olympic Property group be treated fairly and that if any other developer came into that area, they would also have to make the same kinds of contributions to the road improvements in the area. Commissioner Ko~usko said that the development standards included in the packet are the 1997 standards and that they were planning standards. He asked if the buildings would be built to current building code standards? Mr. Palmer responded thzt there was no tie into the building code that was in effect in 1997. He was unst~ if the City had adopted the 1997 Uniform Building Code (UBC) at that_ point in time, but they havesince. Building codes are not umalty made a condition of a land use condition. A motion was mdc by*COmmissioner Mosimy tht the DeveiopmentAgreement for Oiympic~Property Groul~to'ineorporate a PUD applimion, be-~ Comm/m/oner Kosusimseeonded. - Chairman Griggs asked for avote from the Commi.~ionel~: Commissioner Boyd, yes; Commissioner Kosnsko, yes; Commissioner Moshay, yes; Chairman Griggs, abstain. Motion passes. 3. Amendment of Bremerton Municipal Code Section 21.02.900 and addition of new Section 21.02.520 to modify time limits for develoment approvals based on an adopted development agreement. This item was continued from the March Planning Commission meeting. Mr, Palmer, stated that this proposed ordinance would accomplish two amendments to the zoning code. One would affect Section 21.02.900(C)(8), the vesting period in which the agreement would be in effect. This would allow the City to do the type of Development Agreements that are being discussed at this meeting and to ex~end time periods with the adoption of a Development Agreement. The second modification effects 21.02.520, by modifying time limits by Development Agreements at the discretion of the City Council. A motion was made by Commissioner Boyd to amend the Bremerton Municipal Code to authorize the extension of time periods in Development Agreements for project approvals and permits. Commissioner Kosusko seconded. Chairman Griggs asked for a vote from the Commissioners: Commissioner Boyd, yes; Commissioner Kosnsko, yes; Commissioner Moshay, yes; Chairman Griggs, abstain. Motion passes. ?lannin9 Gomrnie~ion rrrr~ 4--lg.,O0 F'aej~, 5 of 9 4. Entry of Formal Findings and Conclusions for Shoreline Conditional Use Permit (PL99- 0090) for reduction in view corridor requirements for a proposed single-family residence located at 922 Shore Drive. Applicant: Gary and Heather Coutts. Mr. P~flmer, said that the public hearing has already been held for this applicatior~ The only thing that was not done was that the Findings and Conclusions had not been entered into the record to support the decision. Mr. Rife, asked for two corrections to be made to the Findings of Fact that he had submitted. On page three, change the name of the Planning Commission Chair to Jerry Griggs. Also on page three, paragraph 4, second line - remove the word "take" fi.om the sentence. A motion was made by Commi~ioner Boyd to accept the application and grant a Conditional UsePermit with the conditions listed on page three of the F'mdings of Fact. Commissioner Moshay seconded. Chairman~ Grigg~ asked for~ votefrom the Commissioners: Commissioner Boyd, yes; commi~sione~,Kosnsko' yes; CommissionerMoshay, yes; Chairunm Griggs, yes. Motion passes. S. Conditional Use Permit (PL99-0091) and Shoreline Substantial Development Permit application for property located at 2501 West Marine Drive. Applicant: Scott McBride This item will not be presented at this time. The applicant wil/need to make modifications. This item was withdrawn fi.om the agenda. C. Meeting: None. D. Study Session: None. V. Business Meeting A. Approval of Minutes: A motion was made by Commissioner Boyd that the minutes of the March 21, 2000 Planning Commission be approved as presented. Commissioner Kosusko seconded. Motion passed. B. Director's Report: Mr. Palmer stated that most of the Commissioners were aware that the Department of Community Development has been short-staffed for quite some time. They are taking steps to correct this. A part-time building inspector fi.om Clatlam Coumy named Larry Craze has been hired. He is making a difference in the overall workload. They had been using a Planner to do some of the inspections. They have also been using Janet Lunceford from the Fire Dept. to help with inspections. Mr. Palmer said that he would also like to increase the building inspector ~l~nnin~ Comraieoio, rrr~ 4-.I~,-00 ? ~e. 6 of 9 5 ~ position to full time. He has hired a Senior Planner, Clyde Stficklin, who has been working in Clark County. Mr. Stricklin had previously worked in Kitsap County in the long-range planning division. There are several projects for him already, population analysis is one of them. Mr. Palmer said that they will be reviewiag the Comp Plan to find all areas affected by the sub-area plan. Additionally, Mr. Palmer would like to see the zoning ordinance rewritten to make it the type of ordinance that is better suited for the City. There are glitches in the code and the people that deal with this on a daily basis reco~tmize this. He said that there are many things that could be better defined. The process he intends to use to initiate development of the zoning code, ordinances, or any other substantial plan amendment is working through committees that involve representatives of the City Council, the Planning Commission, the development community, citizens at large, the legal staff; and the planning stat~ etc. to put together the proposal. They would then hold a series of public hearings/meetings to discuss the provisions. He said often/Jmes Plannin~ Commissions have been left out until they are considering the final language and they don't.get in on the development part. of it. Th, Mayor and Mr.~ Palmer will be attending a meeting with the Homdxfiklem and Realtors at a -. forum that will tell them what type-of problems they have been experiendn8 with the City (permitting process.) Mr. Palmer will be explaining the permitting process to those in attendance. Their goal is to see how they can make things better. One of the items that he will be taking to the meeting is a process diagram that shows what happens when an application comes in the door, the steps that DCD goes through, and the time frames that they operate under to process an application. He will make this chart available to the Commission on Thursday, April 20a. He will also share what recommendations the homebuilders meeting brought up with the Commissioners. He wants to be sWaighfforward and candid about what they do with ail groups and make improvements wherever possible. C. Old Business: Mr. Jeff Schumacher, 1440 Madrona Pt Drive, commented that this meeting room had been filled with residents who were present to express their concern about an individual who wants to build a structure (Holtz project). He felt that as public servants, the Commissioners should be serving the greater concern of the public, versus one individual. He said that the residents of that neighborhood had come to voice their opinions and let it be known that they are unhappy about the proposed structure because they do not feel it is a structure for residential purposes. He feels that the legality of it is a point to be taken, however, he feels the Commission has an obligation to consider how the structure is going to affect the quality of life of the rest of the residents of Madrona Point Drive. Commissioner Boyd responded that if they had voted the way they would have liked to vote, then the matter would go through the courts. This takes a lot of time and the results would be the same because the courts rule according to the law, which the Commissioners have done. She agreed that Mr. Holtz's plans are nothing that she would like, but he is operating within his rights and within the ordinances of the City. She stated that he has been meticulous about obeying every single rule. She asked Mr. Schumacher if he had attended the previous month's meeting where they heard a great deal of comments from the residents. She stated that the Commissioners are aware of how the neighbors feel about this project. She thanked him for remindLn~ them of their duty. Mr. Palmer, also added that the Plarming Commission is here to hold public meetings and take testimony, which they did. When they have taken the testimony fi.om the people who show up for the public hearing, then there comes a point when they close testimony and make a decision. They did that at the March meeting. They continued the actual decision until this meeting. They only continued the decision, not the public hearing to take additional testimony. He felt that this was one of the reasons that the applicant was not present for this meeting. Additional opponents of the project probably were not preseat because they either had previously testified or beheved that the testimony was closed as of the last public hearing. If there was reason to believe that the decision was still open for discussion, in the sense ot allowing additional testimony, this Commi.~/on would have said so at the last public hearing. The public would have been advised to show up atthis meeting. The City has an obligation to provide constructive notices as to how things are going to work so that people: can make the best decisions. Somepeople did not show up tonight because they did not expect additionaltestimony robe taken: Chairm~ Grigg~ stated that all of the Commissioners appreciate how he feels on this subject, but they are trying to abide by the law. He read a quote fi.om the minutes, fi-om the March meeting.. "Commissioner Griggs doesn't unde~t~ why a neighbor who has lived in the neighborhood for 50 years would go against the rest of his neighbors...." Commissioner Kosusko asked if there was room within the ordinance for a neighborhood to set up their own design review commission that may be able to have influence on projects like this? Mr. Rife stated that the ultimate authority board still has to sit with the City Council. There is an appeals system where some of the appeals come to the Planning Commission. The ultimate authority for any re. zoning, subdivision approval, etc., rests with the City Council. Commissioner Moshay said that it concerned her that if this goes to the City Council it would appear that the Commissioners approve with the project. Mr. Rife said that this project will not go to the City Council. The Commissioners are hearing this on the appeal. The only place from here is to Superior Court. D. New Business: None I:'lannin~l Commioe./on nt~j ,~.I~.-00 Fa~J~ ~ ~ 9 VI. Adjournment The meeting was adjourned at 7:05 Approved by: NOT[CE OF PUBLIC HF__ARTNG Bremerton City Council The Bremerton City Council will conduct a public hearing/mceting on the following items during its regular meeting on Wednesday, May 24, 2000 which will begin at 5:30 p.m. in the City Council Chambers of the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington. Hearing: !. Development Agreement (PL99-0096) for Olympic Property Group to incorporate a planned unit development application (approved by the City in 1997) for 270 acres located in the West Hills area, south and west of Pendergmt Park, near Pendergast Park Road and 3~ Street West Staff reports and copies of pertinent materials can be obtained from the Department of Community Development, 286 4* Street. Reports will be available on, May 15, 2000. Call (360)478-5243or additional information. Contact Mr. William M. Palmer. citycouncilnote, lgi SENT BY:POPE RESOL~CES DEVEL ; 6-20- 0 ;ll:ITAM ; I 360 43725224 +1360 478 $251:# 1/ .5 I FAX COVER SHEET [ Date · 6/zo/oo Number of pages including cover sheet ~ S ' ,4 Pope Reso~rcc~ Company TO: FROM: Jan Rose Lynn Hot,on, Mayor Olympic Real Estate Development LLC Carol Arends, City Council President Glenna Malanca, City Attorney Olympic ~ater and Sewer, Inc. Bill Palmer, Dept. Community Dev. 781 Walker Way Port Ludlow, WA 98365 Phone Phone 360.437.2101 Fax Phone Fax 360.437.2522 Phone [ CC: REMARKS: [] Urgent [-q For your review [] Reply ASAP [] Please Comment SL~I B¥:~)Pk RE$OL~CES DL:~EL : 6-20- 0 ;11:1?AM : 1 360 4372522~ +1360 478 ~251:# 2/ ~ lune t 6, 2000 Lynn Horton, Mayor Carol Arends, City Council President David Fart, City Council Member John Law, City Council Member Cecil McConnell, City Council Member Com'ad Esser, City Council Member Wayne Olsen, City Council Member Ed Roi[man, City Council Member Jim Reed, City Council Member Mike Shepherd, City Council Member City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Re: West Hills Development Agreement Honorable Mayor and Council Members: Olympic Property Group LLC, a wholly-owned subsidiary of Pope Resources, has asked your approval of a development agreement relating to our West Hills project, a 270-acre indmtrial and residential mixed use development. In May 1997, the City completed one phase of environmental review, and granted a SEPA mitigated determination of nonsignificance, zoning map amendment, preliminm-y planned unit development approval, and preliminary plat approval for the project. To date, our company has invested aplyroximtely $887,000.m this project, including $472,000 in City sewer and water main construction costs (see enclosed Progress Summary). The City also has invested significant time and energy in reviewing and approving the proj eot. In the past three years, we have toured many prospective groups through the property. The contact for these groups has been through the EDC and the local real estate community. To date, no users of appropriate scale and magnitude have put forth a credible offer. We have found that the local real estate market is not yet ready to support the completion of this project. C:\W INDOWS\T~t~B.O$£ LTR2.DOC Scaate 19245 Tenth Avenue Not.east, EO Box 1780. Poulsbo, Washington 98370-0239 (360~ 697-6626, ~attle: (206} 292-0517, Fax~ (360) 697-1156 ~l ~:~v~ I,~5OURCE5 DEVEL : 6-20- 0 ;II:ISAM : I 360 4072522- e1360 478 $251;# O/ $ We do not want to abandon thc project; rather, our company is not comfortable risking further capital expenditures without the ce~ainty of a sale of a si~ificant magnitude. We acknowledge thai it would be a poor business decision to complete what we cannot sell in a timely fashion. So we seek a development agreement to preserve the investments that have been made -- by our . company and the Cily -- to create ~i~ project. If you approve our proposed West Hills development agl'eement, we commit to do the following: 1. During the term of the development agreement, we will make biannual presentations to you regarding the statu~ of the project, including our current development plans, rnarke~ analyses, marketing activities, report on current market conditions, inffasmacture improvements and other company investments, potential phasing timetables, and final plat and other approvals. 2. During the first five years of the term of the development agreement,, we will diligently study the local real estate market and seek opportunities to identify commercially feasible project milestones. We will consult with the City Council regarding milestones upon the request of the City Council,' and no le~s frequently than once every two years. We understand that the support of the Development Agreement by Council Members Farr and Esser is based upon these commitments by OPG. 3. If at any time in our analysis of market conditions we find local real estate market demand for the completion of any project phase, then we will diligently pursue either the completion of that phase or the marketing of that phase to another developer willing to complete it. 4. During the year 2000, we will continue to make the project available for sale either to end users of parcels ten acres or more in size or to potential developers ofthe entire project: We believe that it would imperil the West Hills project to impose deadlines for completion of project phases, as in a difficult real estate market it will force us and any of our successors to abandon the project rather than risk a larger investment in it. We seek your approval of this development agreement as proposed in order to preserve our mutual investments in this project. Thank you for your consideration. Sincerely yours, OLYMPIC PROPERTY GROUP LLC Vice President, Property Development C:\WINDOWS\TEMPkROSE LTR2.DOC Seaule SENT BY:POPE RESOURCES DEVEL ; 6-20- 0 ;II:lgAM ; 1 860 4372522~ +1360 478 5251;# t/ 5 ACCEPTED CITY OF BREMERTON, WASHINGTON By Lynn Horton Its Mayor C:\WINDO WS\TEMI:~KOSE LTR,2.DOC Sea~e SENT BY:POPE RESOURCES DEVEL ; 6-20- 0 :II:IgAM : 1 ~360 4;372522- +1;360 478 $251;# $/ $ West Hills Preliminary Plat/PUD Progress Summary June 20, 2000 1992 Trade with City 1994 Timber Harvest, left wetlands alone 1995 Repurchased Reservoir Lot from Port Blakely Built 12" Water Main to project in Pendergast Park 1996 Environmental Studies Comprehensive Plan Amendment 1997 Neighborhood Meetings Submit PUD/Plat to City Council Construct ~A mile 18" sewer 1998 Complete Civil Engineering Drawings for Phase 1 1999 Rough Grade Phase 1 Road and Lot 19 EXPENDITURES TO DATE Environmental Studies and Preliminary Approval $220,000 Phase 1 Civil Engineering Drawings 85,000 12" Water Main Extension 12,000 Rough Grading 100,000 18" Sewer Extension 460,000 Develonment Agreement . 10.000 TOTALS* $887,000* Note, Expenditures do not include: · OPG/Pope Resources Staff Salary · Property Taxes Paid From 1992 through 2000 (approx. $125,000) West Hills Preliminary_ Plat/PUD Progress Summary_ June 14, 2000 HISTORY 1992 Trade with City 1994 Timber Harvest, left wetlands alone 1995 Repurchased Reservoir Lot from Port Blakely Built 12" Water Main to project in Pendergast Park 1996 Environmental Studies ~ 1997 Neighborhood Meetings Submit PUD/Plat to City Council Construct ~ mile 18" sewer 1998 Complete Civil Engineering Drawings for Phase 1 1999 Rough Grade Phase 1 Road and Lot 19 EXPENDITURES TO DATE Environmental Studies and Preliminary Approval $220,000 Phase 1 Civil Engineering Drawings 85,000 12" Water Main Extension 12,000 Rough Grading 100,000 18" Sewer Extension 460,000 Development Agreement 10,000 TOTALS* $887,000* Note, Expenditures do not include: · OPG/Pope Resources Staff Salary · Property Taxes Paid From 1992 through 2000 (approx. $125,000)