HomeMy WebLinkAbout10/25/00 AGENDA CITY COUNCIL MEETING AGENDA
OCTOBER 25, 2000
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
There are no Consent Agenda items scheduled for this meeting.
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. I,.F.,GISLATIVE REPORT
8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) '~__.~....~
9. NEW BUSINESS ~ I
A. SR304 TiP, Supplement No. 4 to Parametrix, Inc. Consultant Agreement (#AB00-2,,34)
10. RESOLUTIONS
A. Resolution No. 2781, Setting a Hearing Date for the Vacation of a Portion of "O" Street
Right-of-Way (#AB00-235)
B.Resolution No. 2774, Regarding Adoption of Changes to the Council Rules and
Procedures (#AB00-217)
11. ORDINANCES
A. Ordinance (First Reading), Amendments to the By-Laws of the Bremerton Parks
and Recreation Commission (#AB00-236)
12. PUBLIC HEARINGS: beginning at 6:00 P.M. or later...
A. Public Hearing and Resolution No. 2780, Regarding Recovery of Fees for Removal of
Vegetation on the Listed Properties (#AB00-237)
B. Public Hearing and Ordinance (First Reading) on Street Vacations for Portions of "C"
Street, Nebraska Avenue, an Alley between Bay View Drive West and State Route 3,
South of "C" Street (#AB00-238)
C., Public Hearing and Ordinance (First Reading) on Street Vacations for Portions of Cottman
Avenue and Perry Street (#AB00-239)
13. ADJOURNMENT OF MEETING
COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM IMMEDIA TEL Y FOLLOWING
THE REGULAR MEETING TONIGHT TO DISCUSS THE "PUGET SOUND WA TER QUALITY
MANAGEMENT PLAN REVISION" AND 'I/VA TERSHED PLANNING PROCESS':
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: SR304 Transportation Improvement Project - FOR AGENDA OF: October 25, 2000
Supplement No. 4 to Parametrix, Inc. Consultant ORIGINATING DEPT:Public Works & Utils
Agreement ORIGINATOR: Lynn Price, Project Mgr.
DATE SUBMITTED: October 10, 2000
2. CLEARANCES: (Comment on back ff necessary) 3. E~ITS:
Director PW&U · Supplemental Agreement No. 4
City Attorney ·
City Treasurer ·
Purchasing Manager *
Operations Committee
Fiscal & Budget Comm.
ENDORSEMENT X' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITrAL:
4. SUMMARY,STATE ,MENT AND REQUIREMENT FOR COUNCIL ACTION:
The City entered into an agreement with Parametix, Inc. on February 10, 1997 for design and fight-of-way services
for the SR 304 Transportation Improvement Project. Supplements 1, 2, and 3 previously modified the scope of
work but did not revise the maximum mount payable. The original agreement was anticipated for completion on
December 31. 1999. Due to the extended period oft/me necessary to complete the SR 304 project and due to
additional regulations and the number of anticipated construction contracts, the scope of work and maximum
mount pa,vable has been amended. The maximum amount payable has been increased by S240,894 to
$2,563,166.
8. RECOMMENDATION;
The City Council approve Supplement No. 4 to the Parametrix, Inc. consultant contract for the SR 304
Transportation Improvement Project in an maximum amount not to exceed $2,563,166 and authorize the Mayor to
execute the same.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE: ~ A
ll. AGENDA BILL NO: 00'"' ,a%3q'
2. CLEARANCE COMMENTS.'.
5. IMPACT ON NON-PASSAGE:
Thc City would have to advertise, interview, and select another consultant to perform thc design and fight of way
services for the SR 304 project. This would result in a delay in the design and fight of way acquisition for the
Porter Street to Charleston Beach Road portion of the project. This may also result in a delay in the construction of
that section of the SR 304 project.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Staffing: 16 staff hours required to £malize the contract.
Budget: This project is included in the 2000 budget as part of the 2000 Arterial Street fund. Funds for the
additional cost of the Parametrix, Inc. contract will come fi.om the Federal Highway Administration and the State
Transportation Improvement Board.
7. RESEARCH SOURCES:
{\970122_1 .ab}
SUPPLEMENTAL AGREEMENT
Project No. P-STPF-TA96(058); STPF-0304(008)
Agency City of Bremerton
Name of Project SR 304 Transportation Improvement Project/Final Design
City Contract No. 3796
The City of Bremerton (City) and Parametrix, Inc. (Consultant) desire to supplement the standard Consultant Agreement
executed on February 10, 1997 and supplemented on June 3, 1997, September 4, 1998 and July 20, 1999, and identified as
City Contract No. 3796 (AgreemenO.
All provisions in the Agreement remain in effect except as expressly modified in this Supplemental Agreement as follows:
I
Section II, SCOPE OF WORK, is amended as set forth in attached Exhibit A, and by this reference made part of this
Supplemental Agreement.
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended by extending the date for completion to March
31, 2003.
III
Section V, PAYMENT, is amended as set forth in the attached Exhibit B, and by this reference made part of this
Supplemental Agreement.
The maximum amount payable under this agreement as modified herein, inclusive of all fees and other costs, is changed as
a result of this supplement to $2,563,166.00.
IN WITNESS WHEREOF, the parties have executed this supplement and agree to the changes as stated above as of this
day of ., 2000.
D~~~_j~L~n~ietrix, Inc. of Bremerton
City
-- ' - - Lynn S. Honon, Mayor
Office J~l,anager
Date:~¢~ !~t/ ~ _~ Date:
D~P~PPEigen~ Sample ,~iAL:
Director of Public Works and Utilities
RECEIVED FOR FILING: APPROVED AS TO FORM:
Kathleen L. McCluskey, City Clerk Glenna Malanca
City Attorney
City af Bremerton 1 October 1 -. 2000
SR 304 Final Design 234-1896-036
Supplemental Agreement No 4 ~ suplmnt #4 IO-I'-OO DOC
EXHIBIT A
CITY OF BREMERTON
SR 304 Transportation Improvement Project
Amended Scope of Work
for
Design (PS&E) and Right-of-Way Services
INTRODUCTION
SA 304 will be improved throughout its entire length fi.om the SR 3/SR 304 Interchange to the Bremerton
Ferry Terminal. Design and right-of-way services are required to complete the improvements. Through
previous agreements the improvements have been divided into five stages:
· Stage lA - Burwell Street from Pacific Avenue to Montgomery Avenue
· Stage lB - Gateway Segment from Burwell Street and Montgomery to Porter Street and
Cambrian Avenue
· Stage 1C - Navy Yard Highway from Porter Street to the revised Missouri Gate
· Stage 1D - Navy Yard Highway from Missouri Gate to the SR 3/SR 304 Interchange
· Stage 1E - Downtown Roadway Improvements
These services are currently complete for the Burwell and Gateway Stages of the project. Additional
work is necessary to complete Stages lC, 1D and 1E.
This amended scope of work recognizes that the availability of project funding and construction
sequencing have required additional Plans, Specifications & Estimates (PS&E) packages be prepared to
complete the Project. This scope of work identifies the tasks necessary to prepare PS&E and right-of-way
acquisition support for the remaining three Project Stages. To accommodate cost tracking and reporting
requirements, the remaining work is divided into separate phases of work as follows:
· PHASE I PREVIOUS WORK
· PHASE II STAGE lC - PS&E NAVY YARD HIGHWAY (PORTER TO MISSOURI
GATE/CHARLESTON BEACH ROAD)
· PHASE III STAGE ID - PS&E NAVY YARD HIGHWAY (SR 3 1/C TO MISSOURI
GATE/CHARLESTON BEACH ROAD)
City of Bremerton 234-1896-036
SR 304 I October 2000
Amended Scope of Work for Design & ROW Services SR 304 -Amended Scope of Work 10-17-00
· PHASE IV STAGE 1E - PS&E DOWNTOWN
· PHASE V STAGE IC RIGHT-OF-WAY ACQUISITION SUPPORT (PORTER TO
MISSOURI GATE)
· PHASE VI STAGE ID - RIGHT-OF-WAY ACQUISITION SUPPORT (MISSOURI GATE
TO SR 3/SR 304 I/C)
This scope is intended to amend previous task descriptions included in Exhibit B of the existing
agreement between Parametrix and the City. This amended scope of work provides a detailed description
of work, project deliverables and assumptions used in developing cost estimates for Phases II and V.
Work elements for the remaining phases are provided in general t=m~s. Parametrix and the City will
negotiate specific work requirements for the remaining phases once the City secures funding for later
work.
PHASE I PREVIOUS WORK
Phase I (Task 1 through Task 21 of the original contract and Supplements 1 through 3) encompasses all
design and conslxuction assistance work completed prior to November 1, 2000. This includes the Burwell
and Gateway Phases (Stages lA and lB) of the SR 304 Transportation Improvement Project (Project).
All work under Phase I is either complete or transferred to Phases II through VI of this supplement. This
Supplement No. 4 deletes, and supercedes the original contract and Supplements 1 through 3.
PHASE II STAGE 1C - PS&E NAVY YARD HIGHWAY (PORTER TO MISSOURI
GATE/CHARLESTON BEACH ROAD)
The following tasks describe work elements and work products needed to complete PS&E for highway
design l~om Porter Street south to Charleston Beach Road (Missouri Gate). This includes the
development of a new intersection plan for approval at Charleston Beach Road (Missouri Gate).
TASK 1 PROJECT ADMINISTRATION
Goal: The goal of this task is to provide for the overview, direction, monitoring and reporting of
task activities in a manner that allows for the delivery of the Project in accordance with
the negotiated scope, budget and schedule.
Approach: Parametrix will use a combination of in-house review, routine client meetings and
monthly progress reports to deliver elements of work described in this task. Quality
control is a key element and will be included as part of this task.
AssumpO'ons: · Parametrix will participate in three (3) intemgency meetings related to this pamcular
phase of work.
· The cost estimate is based on an average of one client meeting per month.
City of Bremerton 234-1896-036
SR 304 2 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 10-17-00
· The Project duration for Phase II is estimated to be 16 months. Time extension of
Phase II work beyond the 16 months is not included in the cost estimate.
DeJiverables: · Monthly Progress Reports - Parametrix assumes 16 reports as part of this task.
· Quality Control Checklist.
· Meeting summaries.
TASK 2 COMMUNITY OUTREACH
To assist thc City in educating and informing thc public agencies involved in the Project,
property owners directly impacted by the Project, and other interested parties. This task
is a continuation of the work described in Task 2 of Phase I.
Task 2.1 Public Meetings
Paramctrix, with the assistance of McClure Research, will provide the following:
· Property Owner Meetings - up to 10 personal meetings to discuss public process and
project extents, attended by up to two (2) staff, Parametrix and/or subconsultant.
· Two (2) newsletters (at approximately 6 month intervals) describing project
activities.
· Two (2) City Council Briefings attended by up to two (2) Parametrix staff..
Task 2.2 Subconsultant
McClure Research will assist Parametrix in accomplishing the Community Outreach,
including assistance with the following:
· Property Owner Meetings - up to 10 personal meetings, attended by up to two (2)
staff, Parametrix and/or subconsultant.
· Two (2) newsletters (at approximately 6 month intervals).
TASK 3 PS&E
GoaL' To provide the City with a complete PS&E package per the subtasks listed below.
Assumptz'o#s: · Up to 50 Plan Sheets are included in this PS&E package. Plan Sheets will contain
plan and profile on a single sheet at a 1" to 20' scale. Plan Sheets for signals,
retaining walls and detail sheets at 1" to 20', or as appropriate for clarity.
Channelization, traffic control, signing, temporary pollution control and site
preparation Plan Sheets will be at 1" to 50' scale.
City of Bremerton 234-1896-036
SR 304 3 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 1 O-17-00
· The intersection plan for approval with Charleston Beach Road is included in this
Phase, but only that part of the Charleston Beach Road needed to tie into the existing
alignment of Charleston Beach Road.
· A stormwater analysis is included in this effort, which assumes that Kitsap County
will provide the anticipated requirements for handling the sanitary and storm sewer
separations in the Project limits. Plans including stormwater treatment for water
quahty was not assumed for this PS&E based on the assumption that no additional
impervious area is being constructed. This is documented in the Biological
Assessment (BA) prepared in 1999.
· Site-specific Traffic Control Plans will be to WSDOT Standards and require the
approval of WSDOT prior to final submittal of the ?S&E. Parametrix will confer
with WSDOT to ensure comphance with Olympic Region requirements.
· Parametrix will provide review plans at the 50% and 95% completion level for multi-
agency review. Agency cosm~sents will be incorporated into the final plans. The City
will incorporate all review comments into ONE set of comments to be returned to
Parametrix. Parametrix' estimate does not account for supplemental reviews and
revisions beyond the 95% review.
· Any survey data needed for construction administration will be shown on the
Contract Plans or made available to the City prior to advertising.
~Oeliverables: 50%, 95% and 100% PS&E for Construction. One draft and one £mal intersection plan
for approval to WSDOT Standards.
Subtasks needed to support PS&E development include the following:
Task 3.1 Survey and Base Map
This task consists of the following:
· Convert the existing base map from metric to English units.
· Provide topographic field surveying needed to complete utility information and
topographic details.
Task 3.2 I/C Plan for Approval
This task will consist of developing a plan for approval to WSDOT for the intersection
design at Charleston Beach Road. The Plans will be prepared to WSDOT Specifications
for design and drafting, and include deviation requests necessary for a complete submittal
to WSDOT Olympic Region. Parametrix will confer with WSDOT on deviation requests
prior to submittal to facilitate approval. This work will not include development of
alternatives or an alternatives analysis of interchange configuration.
City of Bremer, ton 234-1896-036
SR 304 4 Oclober 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 10-17-00
Task 3.3 Signals and illumination
This task consists of design and preparation of thc following Plan Sheets:
· Illumination Plan and Details for SR 304 including the new Charleston Beach Road
Intersection. Illumination conduit is assumed to be included m the Charleston Beach
Road section.
} Electrical Details
· Traffic Signal for Missouri Gate Intersection.
Permanent Plans
Temporary Plans
Wiring Diagram
Signal Pole Schedule
Signal Pole Foundations
Interconnect Details
Special Details
· Signing Plans.
> Permanent
Construction
Detour
Task 3.4 Structures and Walls
This task consists of the design and preparation of the retaining wall details at one
location per the previously prepared Design Report. Other structural improvements not
identified in the Design Report are not accounted for in the cost estimate.
Task 3.5 Drainage Plans and Details
This task consists of the design and preparation of the following Plan Sheets:
· Drainage Profiles
· Structure Notes
· Stormwater Facilities, Excluding Water Quality or Flow Control
CDetention/Retention) Facilities
City of Bremerton 234-1896-036
SR 304 .5 October 2000
Amended Scope of Work for Design & t~ 0~ Services SR 304 -/tmended Scope of Work 10-17-00
· Drainage Details
Task 3.6 Traffic Control Plans
This task consists of thc design and preparation of the following Plan Sheets:
· Demur and Traffic Control Plans per WSDOT Specifications
· Temporary Connections
The cost estimate is based on using existing roadways for traffic control and does not
provide for design or construction of temporary lanes to accommodate traffic control.
Task 3.7 Roadway Plans (Alignment, Profile and Channelization)
This task consists of the design and preparation of the following Plan Sheets:
· Roadway Sections
· Alignment and Right-of-Way
· Profile Sheets
· Utilities
· Intersection Details
· Paving Plans and Details
· Channelization Plans and Details
These sheets will be based on current Right-of-Way and Channelization Plans as
presented m the Design Report.
Task 3.8 Miscellaneous Plan Sheets
This task consists of the design and preparation of the following Plan Sheets:
· Index
· Vicinity Map
· Summary of Quantities
· Site Preparation
· Quantity Tabulation Sheets
· Temporary Pollution Control
City of Bremerton 234-1896-036
SR 304 6 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 10-17-00
Task 3.9 Contract Provisions and Estimates
This task consists of preparing specifications and consmaction estimates including:
· Amendments to the WSDOT Standard Specifications.
· Amendments to Div 1 APWA Supplement to the WSDOT Standard Specifications.
· Special Provisions and Applicable General Special Provisions.
· Federal Aid Requirements.
· Bid Proposal and Contract Forms.
· Federal and State Wage Rates.
· Engineers Estimate of Probable Construction Cost for 50%, 95% and 100%
Submittals.
Task 3.10 Permits
Parametrix will prepare applications for the following permits, assumed to be needed for
this Phase of the Project:
· Shoreline Substantial Development Permit
· HPA
· NPDES
· Temporary Modification to Water Quality Standards
· County Grading Permit, Road Approach Pm'mits and R/W Permits
The scope of work is based on the assumption that the City will submit all permits to the
appropriate agency and be responsible for all fees associated with each permit
application.
Task 3.11 Plan Review and Revisions
This work involves the submittal of 50% and 95% Plan Sets to each of the following
agencies for review:
· Highways and Local Programs.
· WSDOT Olympic Region Traffic Section.
· City ofBremerton, Kitsap County and other agencies involved.
City of Bremerton 234-1896-036
SR 304 7 October 2000
Amended Scope of Work for Design & ROIl" Services SR 304 - Amended Scope of Work 10-17-00
This scope of work is based on all agency reviews will be received within four (4) weeks
of submittal.
Review comments to the 100% submittal are not accounted for in the cost estimate.
Task 3.12 Oeotechnical Investigation (Myers Biodynamics)
This task consists of subsurface investigations. Myers Biodynamics (subconsultant) will
provide subsurface information and recommendations for traffic signals, overhead sign
foundation, and retaining wall foundation. For purposes of this scope, six (6) boring
locations for signals, sign structures and retaining walls is provided for in the cost
estimate.
Task 3.13 Utility Coordination
· Obtain location information on all public utilities and coordinate any relocation
and/or construction of new facilities. Provide one set of 50% and 95% Contract
Plans of the Project to all affected utility companies/agencies.
· The following utility companies/agencies may have utilities within the proposed
right-of-way:
Puget Power
TCI Cable
US West
Cascade Natural Gas
City of Bremerton
- Water
- Sanitary Sewer
- Storm Sewer
- Electronics Division
> Kitsap County
- Sanitary Sewer
Storm Sewer
The scope of work and cost estimate are based on the following assumptions:
· The City will provide "pot holing" of utilities where necessary to determine exact
locations.
City of Bremerton 234-1896-036
SR 304 8 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work l O-I 7-00
· Parametrix has included up to two (2) meetings with each utility company/agency to
accomplish this subtask.
· Underground locate services will be requested and enforced by the City.
Task 3.14 Landscaping (JGM)
Landscaping plans for this Phase were substantially completed under Phase I. This work
shall be performed by JGM (subconsultant) and consist of incorporating previously
completed plans into the PS&E package for this Phase and completing an irrigation
design.
TASK 4 BIOLOGICAL ASSESSMENT (BA)
Parametrix will provide updates to the BA if required under the guidelines provided in
Supplement Agreement No. 3. The BA was prepared under Phase I for the complete
Project from SR 3 to the B~emerton Ferry Terminal. Regular updates to the BA do not
include response to changes in law which might require modifications or re-submittal for
the BA that are not consistent with the assumptions contained in Phase I work. The cost
estimate is based on three BA updates being required during the 16 month Phase
duration.
TASK 5 CONTINGENCY
There are no dollars budgeted at this time for any contingencies during this Phase.
PHASEIII STAGE 1D - PS&E NAVY YARD HIGHWAY (SR 3 IIC TO MISSOURI
GATE/CHARLESTON BEACH ROAD)
The following tasks describe work elements and work products needed to complete PS&E for highway
design from Charleston Beach Road (Missouri Gate) to SR 3/SR 304 Interchange. This effort assumes
that the design shall remain consistent with the February 1998 design report prepared by Parametrix.
TASK 1 PROJECT ADMINISTRATION
GoM: The goal of this task is to provide for the overview, direction, monitoring and reporting of
task activities m a manner that allows for the delivery of the Project in accordance with
the negotiated scope, budget and schedule.
Approach: Parametrix will use a combination of E-house review, routine client meetings and
monthly progress reports to deliver elements of work described in this task. Quality
control is a key element and will be included as part of this task.
Assumptions: · Parametrix will participate in three (3) interagency meetings related to this
particular phase of work.
City of Bremerton 234-1896-036
SR 304 9 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 10-17-00
· The Project duration for Phase m is 12 months. Time extension of Phase III work
beyond the 12 months is not included in the cost estimate.
Deh'ver~bles: · Monthly Progress Reports - Parametrix assumes 12 reports as part of this task.
· Quality Control Checklist.
· Meeting summaries.
TASK 2 COMMUNITY OUTREACH
To assist the City in educating and informing the public agencies involved in the Project,
property owners directly impacted by the Project, and other interested parties. This task
is a continuation of the work described in Task 2 of Phase 1.
Task 2.1 Public Meetings
Paramelrix, with the assistance of McClure Research, will provide the following:
· Property Owner Meetings - up to 10 personal meetings to discuss public process and
project extents, attended by up to two (2) staff, Parametrix and/or subconsultant.
· Two (2) newsletters (at approximately 6 month intervals) describing project
activities.
· Two (2) City Council Brie£mgs, attended by up to two (2) Parametrix staff.
Task 2.2 Subconsultant
McClure Research will assist Parametrix in accomplishing the Community Outreach,
including assistance with the following:
· Property Owner Meetings - up to 10 personal meetings, attended by up to two (2)
staff, Parametrix and/or subconsultant.
· Two (2) newsletters (at approximately 6 month intervals).
TASK 3 PS&E
GoaL' To provide the City with a complete PS&E package per the subtasks listed below.
Assumptions: · Up to 40 Plan Sheets are included in this PS&E package. Plan Sheets will contain
plan and profile on a single sheet at a 1" to 20' scale. Plan Sheets for signals,
retaining walls and detail sheets at 1" to 20', or as appropriate for clarity.
Channelization, traffic control, signing, temporary pollution control and site
preparation Plan Sheets will be at 1" to 50' scale.
City of Bremerton 234-1896-036
SR 304 10 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 10-17-00
13
· A stormwater analysis is included m this effort, which assumes that Kitsap County
will provide the anticipated requirements for handling the sanitary and storm sewer
separations in the Project limits. Plans including stormwater treatment for quality
was not assumed for this PS&E based on the assumption that no additional
impervious area is being constructed. This is documented in the BA prepared in
1999.
· Site-specific Traffic Conlxol Plans will be to WSDOT standards and require the
approval of WSDOT prior to final submittal of the PS&E. Parametrix will confer
with WSDOT to ensure compliance with Olympic Region requirements.
· Parametrix will provide review plans at the 50% and 95% completion level for multi-
agency review. Agency comments will be incorporated into the final plans. The City
will incorporate all review comments into ONE set of comments to be returned to
Pararnetrix. Parametrix' estimate does not account for supplemental reviews and
revisions beyond the 95% review.
Any survey data needed for construction administration will be shown on the
Contract Plans or made available to the City prior to advertising.
Conduit for future illumination will be included in the Plan Sheets.
Deliverables: 50%, 95% and 100% PS&E for Construction. One draft and one final intersection plan
for approval to WSDOT Standards.
Task 3.1 Survey and Base Map
This task consists of the following:
Convert base map to English units.
· Provide field surveying needed to complete utility information and topographic
details.
Task 3.2 I/C Plan for Approval
Not applicable to this Phase.
Task 3.3 Signals and Illumination
Not applicable to this Phase.
Task 3.4 Structures and Walls
Not applicable to this Phase.
Task 3.5 Drainage Plans and Details
This task consists of the design and preparation of the following Plan Sheets:
City of Bremerton 234-1896-036
SR 304 11 October 2000
Amended Scope of Work for Design & ROI~ Services SR 304 - Amended Scope of [York 10-17-00
·Drainage Profiles
Structure Notes
· Stormwater Facilities, Excluding Water Quality or Flow Control
(Detention/Retention) Facilities
· Drainage Details
Task 3.6 Traffic Control Plans
This task consists of the design and preparation of the following Plan Sheets:
· Detour and Traffic Control Plans to WSDOT Specifications
· Temporary Connections
The cost est/mate is based on using existing roadways for traffic conl~'ol and does not
provide for design or construction of temporary lanes to accommodate traffic control.
Task 3.7 Roadway Plans (Alignment, Profile and Channelization)
This task consists of the design and preparation of the following Plan Sheets:
· Roadway Sections
· Alignment and Right-of-Way
· Profile Sheets
· Utilities
· Intersection Details
· Paving Plans and Details
· Charmelization Plans and Derails
These sheets will be based on current Right-of-Way and Channelization Plans as
presented in the Design Report.
City of Bremerton 234-1896-036
SR 304 12 October 2000
Amended Scope of ~Vork for Design & ROW Services SR 304 - Amended Scope of Work l O-I 7-00
Task 3.8 Miscellaneous Plan Sheets
This task consists of thc design and preparation of thc following Plan Sheets:
· Index
* Vicinity Map
· Miscellaneous Details
· Summary of Quantifies
· Quantity Tabulation Sheets
· Temporary Pollution Control
Task 3.9 Contract Provisions and Estimates
This task consists of preparing specifications and construction estimates including:
· Amendments to the WSDOT Standard Specifications.
· Amendments to Div 1 APWA Supplement to the WSDOT Standard Specifications.
· Special Provisions and Applicable General Special Provisions.
· Federal Aid Requirements.
· Bid Proposal and Contract Forms.
· Federal and State Wage Rates.
· Engineers Estimate of Probable Construction Cost for 50%, 95% and 100%
Submittals.
Task 3.10 Permits
Parametrix will prepare applications for the following permits, assumed to be needed for
this Phase of the Project:
· Shoreline Substantial Development Permit
· HPA
· NPDES
· Temporary Modification to Water Quality Standards
City of Bremerton 234-1896-036
SR 304 13 October 2000
Amended Scope of V/ork for Design & ROgr' Services SR 304 - Amended Scope of Work 1 O-17-00
· County Grading Permit, Road Approach Permits and R/W Permits
The scope of work is based on the assumption that the City will submit all pc.rots to the
appropriate agency and be responsible for all fees associated with each pemrit
application.
Task 3.11 Plan Review and Revisions
This work involves the submittal of 50% and 95% Plan Sets to each of the following
agencies for review:
· Highways and Local Programs.
· WSDOT Olympic Region Traffic Section.
· City ofBremerton, Kitsap County and other agencies involved.
This scope of work is based on all agency reviews will be received within four (4) weeks
of submittal.
Review comments to the 100% submittal are not accounted for in the cost estimate.
Task 3.12 Geotechnical Investigation (Myers Biodynamics)
Not applicable to this Phase.
Task 3.13 Utility Coordination
· Obtain location information on all public utilities and coordinate any relocation
and/or construction of new facilities. Provide one set of 70% and 95% Contract
Plans of the Project to all affected utility companies/agencies.
· The following utility companies/agencies may have utilities within the proposed
right-of-way:
Puget Power
3.TCI Cable
US West
Cascade Natural Gas
City of Bremerton
Water
Sanitary Sewer
- Storm Sewer
City of Bremerton 234-1896-056
SR 304 14 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 10-17-00
17
> Kitsap County
Sanitary Sewer
Storm Sewer
The scope of work and cost estimate are based on the following assumptions:
· The City w/Il provide "pot holing" of utilities where necessary to determine exact
locations.
· Parametrix has included up to two (2) meetings with each utility company/agency to
accomplish this subtask.
Underground locate services will be requested and enforced by the City.
Task 3.14 Landscaping (JGM)
Not applicable to this Phase.
TASK 4 BIOLOGICAL ASSESSMENT (BA)
Parametrix will provide updates to the BA if required under the guidelines provided in
Supplement Agreement No. 3. The BA was prepared under Phase 1 for the complete
Project from SR 3 to the Bremerton Ferry Terminal. Regular updates to the BA do not
include response to changes in law which might require modification or re-submittal of
the BA that are not consistent with the assumptions contained in Phase 1 work.
TASK 5 CONTINGENCY
Not applicable to this Phase.
PHASE IV STAGE 1E - PS&E DOWNTOWN
The scope of work for this Phase is provided in outline format only. The goal here is to show the revised
outline of tasks associated with this Phase and to provide a detailed scope of work at a later date when the
design elements have been confirmed.
TASK 1 PROJECT ADMINISTRATION
TASK 2 COMMUNITY OUTREACH
Not applicable to this Phase.
City of Bremerton 234-1896-036
SR 304 15 October 2000
Amended Scope of Work for Design & ROW Services SR 304 -Amended Scope of Work 10-17-00
TASK 3 PS&E
Task 3.1 Survey and Base Map
Not applicable to this Phase.
Task 3.2 IIC Plan for Approval
Not applicable to this Phase.
Task 3.3 Signals and Illumination
Task 3.4 Structures and Walls
Not applicable to this Phase.
Task 3.5 Drainage Plans and Details
Not applicable to this Phase.
Task 3.6 Traffic Control Plans
Task 3.7 Roadway Plans (Alignment, Profile and Channelization)
Task 3.8 Miscellaneous Plan Sheets
Task 3.9 Contract Provisions and Estimates
Task 3.10 Permits
Task 3.11 Plan Review and Revisions
Task 3.12 Geotechnical Investigation (Myers Biodynamics)
Not applicable to this Phase.
Task 3.13 Utility Coordination
Task 3.14 Landscaping (JGM)
Not applicable to this Phase.
TASK 4 BIOLOGICAL ASSESSMENT
Not applicable to this Phase.
TASK 5 CONTINGENCY
City of Bremerton 234-1896-036
SR 304 16 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 10-17-00
Iq
PHASE V STAGE IC - RIGHT~)F-WAY ACQUISITION SUPPORT (PORTER TO
MISSOURI GATE)
This Phase involves environmental and engineering support for the acquisition, assessment, abatement,
demolition and remediation of properties within the Navy Yard Highway segment of the Project.
TASK 1 PROJECT ADMINISTRATION
Gan/.- The goal oft/tis task is to provide for the overview, direction, monitoring and reporting of
task activities in a manner that allows for the delivery of the Project in accordance with
the negotiated scope, budget and schedule.
Approach: * Parametrix will use a combination of in-house review, routine client meetings and
monthly progress reports to deliver elements of work descn~oed in this task. We will
develop, in conjunction with the client, a Project Management Plan that identifies
lines of communication, specific roles and responsibilities for Project assignments,
and quality control requirements for this stage of work.
· This work will also include agency meetings, coordination with Contractors, City
crews, WSDOT and property owners, as requested, to expedite the completion of
environmental assessments and property acquisition.
Assumpti'ons: The following general assumptions are used in budgeting the effort on this Project.
Changes in the scope of work or assumptions will require changes to the budget estimate:
· The Project duration is 16 months.
· The Phase Manager and one other Project representative will attend four (4) meetings
at WSDOT or other agency offices, and eight (8) additional meetings in Bremerton
with the City or property owners.
Products: Parametrix will prepare and deliver routine correspondence, schedule and budget updates,
status reports on progress of work, and summary reports on meetings with agencies,
property owners, City personnel and WSDOT.
TASK 2 SURVEY
This task will provide for the location of fight-of-way, property boundaries or demolition
grades as requested by the City to support acquisition, demolition, and site cleanup.
Approach: Parametfix survey teams will work with the fight-of-way team to locate, and identify
boundaries and Project features.
Assumptions: Parametrix' cost estimate provides for 60 hours of field survey time and associated office
support. Requests beyond this level of effort will require a modification to this task
budget.
City of Bremerton 234-1896-036
SR 304 1 7 October 2000
Amended Scope of Work for Design & ROW Services SR $04 - Amended Scope of Work I0-17-00
Products: Parametrix will mark requested locations on the ground or produce figures showing
requested information.
TASK 3 ENVIRONMENTAL ASSESSMENTS
To provide environmental assessments of properties to identify enviroc, mental conditions
that may pose liability to the prospective purchaser of the property or conditions that may
impact construction of the Project.
Approach: Parametrix will prepare environmental assessments to support acquisition of properties
needed for the construction of SR 304 improvements. This includes preparation of site
assessment reports in accordance with WSDOT Manual M31-11; identification and
quantification of asbestos-containing materials; preparation of abatement specifications,
and preparation of residential property assessment reports.
Assumptions: · Parametrix will submit one draft and one final ISA document describing all
properties potentially impacting the Project. Agency comments will be incorporated
into the final document.
· No intrusive sampling other than asbestos will be performed during this work.
TASK 4 SITE ASSESSMENTS - PHASE II
Approach: · This task provides for supplemental environmental investigations as required to
quantify potential environmental impacts to the Project.
· Paramelrix will perform intrusive sampling of groundwater and soil as necessary to
quantify the extent and magnitude of environmental impacts to the Project.
Assumptions: Parametrix will require six (6) Phase II Site Assessments to complete this Phase of work.
Products: · Paramelrix will provide site-specific scopes of work and cost estimates for each
Phase II assessment.
· Parametrix will provide letter reports identifying the location and magnitude of
contamination encountered, and recommendations regarding acquisition strateg/es or
additional investigations, as appropriate.
TASK 5 DEMOLITION/ABATEMENT SPECIFICATIONS
Approach: · Parametrix will prepare demolition and asbestos abatement specifications for the
removal of structures from the right-of way.
· Parametrix will provide "conceptual level" specifications to City crews to support
City demolition activities.
· Paramelrix will prepare Bid Specifications for public procurement of asbestos
abatement and demolition contracts, as required.
City of Bremerton 234-1896-036
SR 304 18 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 10-17-00
AssumpO'ons: · City crews will perform demolition of all but three (3) structures.
· One (1) asbestos abatement bid package is all that is required to complete this scope
of work.
· One (1) demolition PS&E describing the removal of up to three (3) structures.
Products: · Property summary checklists.
· Asbestos abatement bid packages.
· Demolition PS&E.
TASK 6 SITE CLEANUP
Approach: Pararnelrix will prepare PS&E and provide construction services to support the
remediation of up to three (3) contaminated properties.
Assumptioas: This work does not include actual remedial construction or contractor management. The
City will contract with and fund all construction required to complete cleanup activities.
TASK 7 ABATEMENT/CONSTRUCTION SUPPORT
Parametrix will provide technical assistance for asbestos abatement, demolition and
construction activities involving potentially contaminated materials.
TASK 8 CONTINGENCY
This task provides a reserve fund for the conduct of Phase II Site Assessments, Site
Cleanup and Abatement/Consmaction support. Because of the unknown status of
properties at the time of scoping, these activities cannot be properly estimated.
City of Bremerton 234-1896-036
SR 304 19 October 2000
Amended Scope of Work for Design & ROW Services SR 304 - Amended Scope of Work 1 O-17-00
PHASE VI STAGE 1D - RIGHT-OF-WAY ACQUISITION SUPPORT (MISSOURI GATE TO
SR 3/SR 304 I/C)
This phase revolves environmental and engineering support for the acquisition, assessment, abatement,
demolition and remediation of properties within the Navy Yard Highway Segment of the Project
General tasks related to this Phase of work are shown below. Specific work requirements will be
negotiated once the City has secured Project funding.
TASK 1 PROJECT ADMINISTRATION
TASK2 SURVEY
TASK 3 ENVIRONMENTAL ASSESSMENTS
TASK4 SITE ASSESSMENTS-PHASEII
TASK 5 DEMOLITION/ABATEMENT SPECIFICATIONS
TASK 6 SITE CLEANUP
TASK 7 ABATEMENT/CONSTRUCTION SUPPORT
TASK 8 CONTINGENCY
City of Bremerton 234-1896-036
SR 304 20 October 2000
Amended Scope of Work for Design & RO W Services SR 304 -Amended Scope of Work 10-17-00
EXHIBIT B
City of Bremertonl Parametrix Inc.
SR304 Trans )ortation Improvement Project / Final Design
Total
Phase/Task Task Name Status Original Prior (1) Prior (2-8) Prior Current Proposed Revised
Budget Changes Changes Changes Budget Changes Budget
Phase I ' Completed Work Stage lA (Burwell) & Stage lB (Gateway)
Task 1 Project Administration on-going $ 238,439, $ 16,654 $ $ 16,654 $ 255,093 $ (15,000) $ 240,093
Task2 Partnering complete $ 39,265 $ (23,146) $ $ (23,146) $ 16,117 $ 16,117
Task3 Community Outreach pending $ 110,268 $ (34,201) $ $ (34,201)i $ 76,087 i $ (18,008) $ 56,079
Task 4 Right of Way Access Plan c~mplete $ 60,676 $ 64,913 $ $ 64,913 $ 125,789 i $ (1,396) $ 124,391
Task5 Design Access Hearing complete $ 15,554 $ 607 $ $ 607 $ 16,161 5 16,161
Task 6 Right-of-Way Acquisition Support on-going $ 665,268 $ (30,726) $ (63,650) i $ (114,376) $ 550,892 $ (185,868) $ 365,024
Task 7 Utility Coordination on-going $ 14,106 $ 471 $ $ 471 $ 14,577 $ (5) $ 14,572
Task8 Building Demolition PS&E complete $ 23,284 $ 743 $ 5,762 $ 6,505 $ 29,789 $ 29,789
Task9 PS&E Bunvell-Montgomeryto Pacific complete $ 115.374 $ 35.379 $ $ 35,379 $ 150,753 $ 150,753
Task 10 PS&E Porter to Montgomery complete $ 327.346 $ 47,609 $ 11,534 $ 59,143 $ 366,489 $ (3,843) $ 362,646
Task11 Gateway Landscape PS&E on-going $ 119,418 $ 956 $ (6,592) $ (7,636) $ 111,782 $ (6.875) $ 104,907
Task 12 PS&E Missouri Gate to Porter pending $ 287,134 $ 34,365 $ $ 34,385 $ 321,519 $ (309,661) $ 11,656
Task 13 PS&E Pacific-First-WA pending $ 82,000 $ $ $ - $ 82,000 $ (82,000) $
Task 14 Gorst-Brem Trail pending $ 25,000 $ (13,500) $ $ (13,500) $ 11,500 $ 11,500
Task 15 Building Demolition PS&E (Segment B.) pending $ 21,982 $ 690 $ (5,762) $ (5,O72) $ 16,910 $ 16,910
Or...) Task16 Contingency pending $ 125,000 $ (116,3355 (3,627) $ (119,962)$ 5,038 $ (5,038) $
~ Task 17 Construction Support pending $ $ 12,500 $ (11,805) $ 695 $ 695 $ 695
Task 18 Abatement Field Support complete $ $ 42,704 $ $ 42,704 $ 42,704 $ (9,833) $ 32,871
Task 19 BiologicalAssessment complete $ $ 12,237 $ $ 12,237 $ 12,237 $ (4,735) $ 7,502
Task 20 Design Services-Gateway Construction Phase on-going $ $ $ 12,490 $ 12,490 $ 12,490 $ 12,490
Task21 NavyYard Hwy ROW Support on-going $ $ 83,650 $ 83,650 $ 83,650 $ (59,275) $ 24,375
Salary Escalation $ 51,938 $ (51,938) $ $ (51,938) $
Phase 2 Stage lC Navy Yard Highway (Porter to Missouri Gate/Charleston Beach Rd.) $ 305,909 $ 305,909
Phase 3 Stage 1D Navy Yard Highway (Missouri Gate/Charleston Beach Rd. to SR 3 I/C) $ 284,541 $ 284,541
Phase4 Stage 1E Downtown $ 107,225 $ 107,225
Phase 5 R/W Support Stage lC Navy Yard Highway (Porter to Missouri Gate/Charleston Beach Rd.) $ 109,090 $ 109,090
Phase 6 RJVV Support Stage 1D Navy Yard Highway Missouri Gate/Charleston Beach Rd. to SR 3 l/C) $ 135,868 $ 135,868
TOTALS I$ 2,322,27215 -15 15 I5 2,322,2725 240,8945 2,663,166
(1) Prior changes authorized by the City of Bremerton on November 10, 1997 (Supplement #1), September 11, 1998 (Supplement #2) and July 20, 1999 (Supplement #3).
(2) Agreement to Transfer Monies from Task 11 to 10 on November 23, 1999
(3) Agreement to Transfer Monies from Task 15 to 8 on November 18, 1999
(4) Agreement to Transfer Monies from Task 16 to 10 on November 1, 1999
(5) Agreement to Transfer Monies from Task 17 to Task 20 on February 2, 2000
(6) Agreement to Transfer Monies from Task 6 to Task 21 on August 1,2000
(7) Agreement to Transfer Monies from Task 15 to Task 8 on January 13, 2000
(8) Agreement to Transfer Monies from Task 10 to Task 20 on September 19, 2000
SR-304 Final Design
Supplemental Agreement NO 4
File FinalSupplement4 xl$ Octobe~ 17, 2000
EXHIBIT C
BUDGET S UMM/IR Y
PROJECT: SR 304 Phase 2 Stage lC Navy Yard tlighway Porter to Misouri Gate/Charleston Beach Rd. !
PROJ. NO: 234-1896-036 CLIENT City of Bremerton
DATE 10/0.5/00 PERSON PROJECT DEPUTY PROJECT PROJECT ENGINEER CADO STRUCTUR WORD PLa SURVEY SURVEY ENVIR SIGNAL TOTAL
MANAGER PM ENGINEER DESIGNER IECHNICAN DESIGNER PROCESS SUPERVIS CREW COORD DESIGNER TOTAL DIRECT
~4ork Element DIRECT LABOR RATE $106.00 $100.00 $100.00 $70.00 $75.00 $00.00 $110.00 $40.00 $87.00 $80.00 $120.00 $87.00 $115.00 HOURS LABOR
1 ADMINISTRATION 120 240 100 24 484 $49,480.00
2 COMMUNITY OUTREACH
2.1 PUBLIC MEETINGS 16 40 4 60 $6,096.00
2.2 SUBCONSULTANT $2,732.76
3 PS&E
3.1 SURVEY AND BASE AMP 2 2 4 10 20 40 78 $7,l~62,00
32 I/C PLAN FOR APPROVAL 8 8 40 40 56 20 172 $12,808.00
3.3 SIGNALS AND ILLUMINATION 8 24 12 52 196 182 454 $38,478.00
3.4 STRUCTURES AND WALLS 4 4 56 36 100 $8,120.00
3.5 DRAINAGE PLANS AND DETAILS 16 64 80 80 96 336 $25,360.00
3.6 TRAFFIC CONTROL PLANS 8 40 48 72 168 $13,868.00
3.7 ALIGNMENT, PROFILE AND CHANN 16 32 40 124 72 244 528 $37,616.00
3.8 MISCELANEOUS PLANS 8 16 24 60 72 144 324 $23,088.00
3.9 CONTRACT PROVISIONS AND EST. 16 40 80 40 24 4 40 16 260 $22,178.00
3.10 PERMITS 2 8 24 16 40 90 $6,800.00
3.11 PLAN REVIEW AND REVISIONS 8 20 20 40 40 4 24 4 160 $11,908.00
3.12 GEOTECHNICAL INVESTIGATIONS $17,574.00
3.13 UTILITY COORDINATION 8 24 16 8 56 $4,200.00
3.14 LANDSCAPING $6,200.00
4 BIOLOGICAL ASSESSMENT 4 20 20 44 $2,940.00
5 CONTINGENCY
SUBTOTAL $297,507
SALARY ESCALATION TO JAN 2002 Assume 4% on April 1, 2001 $5,950
TOTAL LABOR COST $303,457
REIMBURSABLE EXPENSES: TOTALS
AUTO MILEAGE $0.325 /MILE 500 $163
CHECK PLOTS $5.00 /EACH 200 $1,000
FINAL PLOTS $20.00 /EACH 62 $1,240
PHOTOCOPIES $0.10 /PAGE 500 $50
TOTAL REIMBURSABLES $2,453
TOTALS 210 486 446 432 312 920 52 126 t0 20 40 60 206 3314 $305,909
NEWBUDGET92000
EXHIBIT C
BUDGET SUMMARY
PRO& NO: 234-1896-036 CLIENTCity of Bremerton
DATE I 0/05/00 PERSON PROJECT DEPUTY PROJECT PROJECT ENGINEER CADD STRUCTUR V~:)RD PLS SURVEY suRvEY ENVlR SIGNAL TOTAL
MANAGER PM ENGINEER DESIGNER TECHN(CAN DESIGNER pROCESS ~UPERVIS CREW COORO [~SIGNER TOTAL DIRECT ,
Idork Etement DIRE~T LABOR RATE $10~.00 $~"00.~0 $10~.00" $70.00 $75.00 $6~.00 $~10.00 $40.00 $87.00 $80.00 $120.00 "'$87.00 $115.00 HOURS LABOR
I ADMINISTRATION 120 240 100 460 $48,720.00
2 COMMUNITY OUTREACH
2.1 PUBLIC MEETINGS 16 40 8 82 $6,20800
2.2 SUBCONSULTANT $2,732.78
3 PS&E
3.1 SURVEY AND BASE MAP 2 4 8 4 8 16 80 122 $13,266.00
3.5 DRAINAGE PLANS AND DETAILS 16 32 80 96 40 224 488 $36,056.00
3.6 TRAFFIC CONTROL PLANS 6 16 24 48 72 166 $12,316.00
3.7 ALIGNMENT, PROFILE AND CHANN 20 40 40 136 164 448 848 $58,820.00
, 3.8 MISCELANEOUS PLANS 8 40 36 144 40 220 488 $34,728.00
~ 3.0 CONTRACT PROVISIONS AND EST. 8 40 80 40 24 40 232 $19,048.00
ittiit PERMITS 8 16 16 16 80 136 $11,120.00
#tiit PLAN REVIEWAND REVISIONS 8 20 20 40 40 24 152 $11,008.00
##ti UTILITY COORDINATION 4 40 8 8 60 $5,784.00
4 BIOLOGICAL ASSESSMENT 8 20 20 48 $3,34000
5 CONTINGENCY
$261,236.76
SALARY ESCALATION TO JAN 2002 Assume 8% $20,808,94
TOTAL LABOR COST $282,136
~EIMBURSABLE EXPENSES: TOTALS
AUTO MILEAGE $0.325 /MILE 200 $65.00
CHECK PLOTS $5.00 /EACH 200 $1,000,00
FINAL PLOTS $20.00 /EACH 62 $I ,24000
REPRODUCTION LUMP SUM
PHOTOCOPIES $0.10 /PAGE 1000 $100.00
TOTAL REIMBURSABLES $2,405.00
1
TOTALS 208 I 528 418 532 268 1004 100 8 16 80 100 3262 $284,54t
NEWphase3
EXHIBIT C
BUD GE T S UMMAR Y
PROJECT: SR 304 Phase 4 Stage 1E Downtown ..........................................
PROJ. NO: 234-1896-036 CLIENT Cily of Bremerton
DATE 10/05/00 PERSON PROJECT DEPUTY PROJECT PROJECT ENGINEER CADD SIRUCTUR WORD PLS SURVEY SURVEY ENVIR SIGNAL TOTAL'"
MANAGER PM ENGINEER DESIGNER TECHNICAN DESIGNER PROCESS SUPERVlS CREW COORD DESIGNER TOTAL DIRECT
I,/ork Element 3IRECT LABOR RATE $106.00 $100.00 $100.00 $70.00 $75.00 $60.00 $110.00 $40.00 $87.00 $80.00 $120.00 $87.00 $115.00 HOURS LABOR
1 ADMINISTRATION 2O 80 40 140 $14,12000
3 PS&E
3.3 SIGNALS AND ILLUMINATION 4 8 8 144 144 308 $27,224.00
3.6 TRAFFIC CONTROL PLANS 4 8 24 40 76 $6,024.00
3.7 ALIGNMENT, PROFILE AND CHANN 4 12 32 40 72 160 320 $22,624.00
3.8 MISCELANEOUS PLANS 8 24 8 36 64 140 $10,300 00
3.9 CONTRACT PROVISIONS AND EST. 4 8 40 24 8 84 $7,104.00
### PERMITS 8 8
16
$1,120.00
### PLAN REVIEW AND REVISIONS 4 8 8 16 16 52 $4,104.00
### UTILITY COORDINATION 16 8 24 $2,40000
6 CONTINGENCY $95,020.00 I
SALARY ESCALATION TO JAN 2003 (12%) Assume 8% $11,402.40
TOTAL LABOR COST $t06,422
REIMBURSABLE EXPENSES: TOTALS
AUTO MILEAGE $0.325 /MILE 100 $32.50
CHECK PLOTS $5.00 /EACH 48 $24000
FINAL PLOTS $20.00 /EACH 24 $480.00
REPRODUCTION LUMP SUM
PHOTOCOPIES $0.10 /PAGE 500 $5000
TOTAL REIMBURSABLES $802.50
TOTALS 40 184 64 108 424 32 152 1160 $107,225
NEWphase4
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION # ~'181 , FOR AGENDA OF: October 25, 2000
SETTING A HEARING DATE OF NOVEMBER ORIGINATING DEPT: PW&U Engineering Div.
29, 2000 FOR VACATING A PORTION OF ORIGINATOR: W. Eugene, Sampley, Director PW&U...,...
O STREET. DATE SUBMITTED: October 16, 2000
2. CLEARANCES: (comment on bac~,ff~e~,a~) 3. EXHIBITS
Director, Public Works/Utilities ,~-~-~/7 ~ A. Resolution # ~"1 ~ [
City Attorney { Zr_.~_..j~ .~,~t,~B. Site Map.
~ Community Development ~
Council Budget & Finance Conumttee,: L./..-~_~,., ~,.., .,~ .
Op .ons
MAYOR ~ /6~. COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCII~ ACTION:
The City has received a petition from Dale and Donna Dahl to vacate a portion of O Street from Oyster Bay
Avenue to 279 feet east. This right-of-way consists of an unimproved section of right-of-way currently used as
a vehicle access to the property. The furthest east section of this right-of-way is a deep depression that contains
water year round. The vacation is being requested by the abutting property owners to improve the property for
development. The City Council is being requested to establish a hearing date of November 29, 2000, to consider
the proposed vacation. Staff recommends passage of the proposed Resolution.
8. RECOMMENDATION:
That the City Council pass Resolution # ~"/81 setting a headng date of November 29 2000, for the vacation of a
portion of O Street right-of-way.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED ~ A
COUNCIL DIRECTIVE DATE:
11. AGENDA BILL NO. C)0- ,9..3 ~'
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The hearing on the street vacation will not occur, and the fights-of-way will not be considered for vacation.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation of Public Rights-of- Way
RCW 35.79 Streets
ab, Agenda Bills 2000, O Stxeet Vacation Hearing Date
RESOLUTION NO. 5-1 8 {
A RESOLUTION establishing a hearing date for the proposed vacation of a
portion of O Street right-of-way.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON
THAT:
1. A petition has been received to vacate a portion of O Street right-of-way.
2. A public heating will be held on November 29, 2000, at 5:30 p.m. or later at the Bremerton City
Hhll, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written
objections to the vacation.
PASSED by the City Council of the City of Bremerton
This day of ,2000.
CAROL ARENDS, Council President
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA Of: ~,-,-,*,-,mh,-r 9C~'_ 97) 9nnq
Resolution No. 2774 - Updating ORIGINATING DEPT: Legal .~.',,//~
City Council Rules and Procedures ORIGINATOR: Glenna Malan.ca~----~/
DATE SUBMITTED: Septemb~¥'~ 3, 2000
2/~ ~.~~,~RANCES: (~omment on back if necessary) 3. EXHIBITS:
/~' Proposed Resolution No. 2774
i'Glenna'Ma(anca,' C~ty Attorney .Proposed City Council Rules & Procedures
ENDORSEMENT~INFORMATION []
MAYOR COUNCIL PRESIDENT ~ ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City Council determined the advisability of updating its Rules and Procedures, last revised in 1996.
The City Council, through Study Session, appointment of a sub-committee, and working with the City
Attorney, has produced the proposed rules.
8. RECOMMENDATION:
Record Motion:
A-~-~h ....... ~" ....'~ Icy D~,,,~ ~ ~A '
~"',,,,u. ,. ...... cvcr,.~,...,..,, ,....~, ,~, conce~in9 rev~se~~~i~s--a~
..... b..=, as by of " . ~~
2"' hearing: Move to pass Resolution No. 2774, adopting the new Breme~on City Council Rules and
Procedures.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL
Rules and Procedures - 9/13/00
5. IMPACT OF NON-PASSAGE:
1996 Rules and Procedures would remain in effect.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
None
7. RESEARCH SOURCES:
RCW's, other jurisdictions' Rules and Procedures, municipal support organization's written materials.
RESOLUTION NO. 2774
A RESOLUTION of the City of Bremerton City Council,
adopting Rules and Procedures for the City Council to
conduct orderly business.
WIIEREAS, the Bremerton City Council Rules and Procedures were last revised and dated
July 31, 1996; and
WltE~REAS, there existed areas of needed update and clarification of the City Council Rules
and Procedures, to provide for the orderly conduct of the City Council's business; Now, therefore,
BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF BREMERTON
that the attached Bremerton City Council Rules and Procedures adopted by this reference,
be dated and effective the 27th day of September, 2000.
PASSED by the City Council of the City of Bremerton this 27th day of September, 2000.
CAROL ARENDS
Council President
Bremerton City Council
Rules and Procedures
"Citizens have the right to attend the meetings of most
governmental bodies and they may be permitted to address the
body on subjects relevant to its business. However, citizens must
observe all the rules and regulations of the body regarding
attendance and addressing members.
Members of the public attending the meeting of
governmental bodies do not have the right to interrupt or heckle.
They have the right only to seek permission to be heard or to ask
questions in accordance with whatever provisions for hearing
public opinions or answering questions are fixed by law or have
been adopted as rules of the body. They also have the right to
submit written petitions, protests, and requests for hearings."
Alice Sturgis, author
The Standard Code of
Parliamentary Procedure
Rules and Procedures
Resolution No. 2774
Revised 9/27/00
CONTENTS
Rule Page
1. Meetings 2
2. Presiding Officer - Duties 3
3. Council Members 5
4. Agenda Control 5
5. Items of Business - Regular Meetings 6
6. Debates 7
7. Parliamentary Procedure 7
8. Ordinances - Resolutions 7
9. Miscellaneous 8
10. Council Expense Reimbursement 10
11. Public Hearings and Appeals 11
12. Hearings and Appeals - Closed Record 12
Executive Directory 15
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 2
37
RULE ! - MEETINGS
1. Regulm' Meetings: The City Council shall meet regularly on Wednesday of each week
at 5:30 p.m. in the Council Chamber, Bremerton City Hall, Bremerton, Washington.
Meetings may be relocated to accommodate special needs or circumstances. If the
regular meeting falls on a holiday, the regular meeting shall be held on the next business
day pm-suant to RCW 42.30.070, or on another day in the week set by a majority vote of
the Council upon one week notice, pursuant to the City Charter.
a. Upon a motion, and majority vote, the Council may recess fi'om a
meeting to a certain time set forth in the motion.
2.. Special Meetings: Special meetings or any change in the time or location of a regular
meeting shall be called by the City Clerk on the written request of the Council President,
or a majority of the members of the City Council, by delivering personally or by mail, e-
mail, or fax, written notice to each member of the Council; and to each local newspaper
of general circulation and to each local radio or television station which has on file with
the City Clerk a written request to be notified of such special meeting or of all special
meetings. The notice must be delivered personally or by mail fax or e-mail at least
twenty-four hours before the time of the meeting as specified in the notice. The call and
notice shall specify the time and place of the special meeting and the business to be
transacted. Final disposition shall not be taken on any other matter at such meetings.
Written notice may be dispensed with:
a. If a member, prior to the convening of the meeting, files waiver of notice
with the City Clerk, either written, by e-mail, or by FAX;
b. If a member is actually present at the time the meeting convenes; or
c. If the special meeting is called to deal with an emergency involving
injury or damage to persons or property, or the likelihood of such, where
these requirements would increase the likelihood of such injury or damage.
(RCW 42.30.080)
3. Quorum: Five Council Members shall constitute a quorum for the transaction of
business, and in the absence of a quorum the members present may adjourn the meeting
to a later date.
Rules & Procedures
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Revised 9/27/00
Page 2
4. Open Public Meetings Act. All Council meetings shall be conducted in conformity
with the Open Public Meetings Act (RCW 42.30).
5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its
individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine);
RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service)
and Chapter 2.96 BMC.
6. Executive Sessions: The Council may hold Executive Sessions during a regular or
special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is
hereafter amended. Permitted topics include consideration of acquisition or sale of real
property if public knowledge would adversely affect the phce; discussion with legal
counsel of City enforcement actions or potential or pending litigation in which the City
is, or is likely to become, a party; to receive complaints against a public employee, unless
the employee requests the consideration to be held in an open meeting; evaluate the
performance of an employee or qualifications of an applicant for City employment, so
long as the final decision to hire and terms of employment, and decisions to terminate or
discipline, are taken in an open meeting; and other itemized topics as set forth in RCW
42.30.1 I0. Before convening in Executive session, the presiding officer shall announce
the purpose of the session and the anticipated length of such session, and whether further
action is anticipated. Should the session require more time, a public announcement shall
be made that the session will be extended. The Council will return to Council Chambers
for Adjournment of the meeting. Confidential discussions during Executive sessions shall
not be disclosed by any Council member or City official in attendance to any person
unless confidentiality is waived by a majority of the Council. Violation of confidentiality
may result in a censure motion by the Council during a regular meeting.
RULE 2 - PRESIDING OFFICER - DUTIES
1. Conduct of Meeting; The presiding officer at all meetings of the Council will be the
President of the Council, or in the absence of the President, the Vice President of the
Council, who shall conduct the business and deliberations of the Council under these
rules. Reference herein to Council President shall also apply to the Council Member
acting in the Council President's place as presiding officer. The President/mayor pro
tempore and Vice President shall be elected by a majority of the Council Members at the
start of the first meeting of each year, or at such time as necessary due to a vacancy. If
both the President and Vice President are absent and a quorum is present, the Chair of the
Fiscal and Budget Committee shall act as Presiding Officer. If the Chair of that
Rules & Procedures
Resolution No. 2774
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Page 3
Committee is unavailable, the Chair of the Operations Committee shall act as presiding
officer.
The Council President shall:
a. Preserve order and decorum in the Council Chamber at all times;
b. Observe and enforce all rules adopted by the Council for its government;
c. Decide all questions on order, in accordance with these rules, subject to
a challenge as provided in Rule 6 Subsection 4., below; and
d. Recognize members of the Council in the order in which they request the
floor. No member shall be recognized and given the floor to speak on the
same matter more than once until all other members of the Council have
had an opportunity to be recognized and be heard;
e. The presiding officer, as a member of the Council, shall have only those
rights, and shall be governed in all xnatters and issues by the same rules and
rest~'ictions as other Council Members.
2. Wan'ant Register: The Council President shall be assigned the responsibility for
signing off on the Wm,'ant Register, following Council approval.
3. Council Committees: The Council President shall make all committee assignments, as
well as Intergovmmnental Representative assignments, subject to majority approval of
the full Council. To the degree possible, assignments will be consistent with special
skills, interests and time constraints. Assignments will be made to the following:
a. Standing Committees - Including, but not limited to Fiscal & Budget,
Operations, Audit, Lodging Tax Advisor3, Co~nmittee.
b. Special Committees - As authorized by Council and assigned as set forth
above.
c. Intergovernmental Committees, Commissions and Boards - Kitsap
Regional Council of Governments and others as appointed and approved.
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 4
d. Ad Hoc Committees - May be established for a specific purpose with a
specific time frame. The Council may dissolve such committees when and
if deemed necessary.
RULE 3 - COUNCIL MEMBERS
1. Comments: Council members shall address all comments to the Council President,
except when a member moves to adopt a resolution, or when a member seconds a motion.
2. Leaving Place: No member shall leave his or her place while a question is being put or
a count is being taken.
3. Voting: A vote on any matter shall be taken by roll call and any member may abstain
from voting.
4...Questioning: Any member of the Council, including the Council President, shall have
the right to question any individual, or staff member, on matters gmTnane to the issue
before the Council. Such questioning shall not be conducted so as to ridicule or denigrate
the individual being questioned.
5. Information Requests: A Council member may seek clarification or additional
infotwnation before voting on an issue. If such request delays consideration to another
date, approval of a majority of the Council is required.
RULE4-AGENDA CONTROL
1. Agenda Conn'ol: Consideration of any subject, matter, or communication by the
Council may be initiated by the Mayor or any Council Member. Ali written materials
supplementing an agenda bill should be filed with the Council Legislative Assistant and
presented to Council Committees. The Council Presidem may reject any agenda item not
complying with this procedm'e.
2. Committees: Each item shall be presented to both Fiscal and Budget, and Operations
Committees. Items that are presented to the Council at a study session need not be
reviewed by committees. Committees shall not delay forwarding any item to the full
Council even if the recommendation is negative.
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 5
3. Removing Items: At the pre-meeting study session or other study session, any item
may be removed fi'om the agenda for any reason upon the request of any Council
Member. However, two Council Nlembers may demand it be reinstated to the agenda.
The item shall be brought before the Council as regular business on the agenda and only
tabled, continued or rejected by majority vote.
RULE $ - ITEMS OF BUSINESS -REGULAR MEETINGS
1. Items of Business
1. Call to Order (Flag Salute and Invocation)
2. Consent Agenda
3. Claims/Vouchers/Wan'ants
4. Council Member Reports
5. Mayor's Report
6. Legislative report
7. Public Recognition
8. Final Reading of Ordinances and Vote thereon
9. Introduction and First Reading of Ordinances
10. Reading and Vote upon Resolutions
11. Public Hearings and Appeals
12. Adjournment
2. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn
to Executive Session or recess at the prerogative of the Council President, unless
overruled by Council majority.
Rules & Procedures
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Revised 9/27/00
Page 6
3. Consent At~enda Items: Any Council member ma3, request a Consent Agenda Item be
moved to the regular agenda, for which no second is required.
4. Agenda Rean'angement: As need arises, the Council President may rearrange the
Agenda.
RULE 6 - DEBATES
1. Interruption: No member, including the Council President, shall inten-upt or argue with
any other member while such member has the floor.
2. Courtesy: All speakers, including Council members, during comments, discussion or
debate of any issue, shall address their comments to the Council President with courtesy
and proper deportment. Comments shall not contain personalities, derogatory remarks or
insinuations toward any member of the Council, Staff and Public, but shall be confined to
facts that are gm'mane and relevant to the issue.
3. Transgression: Upon transgression of these rules, the Council President shall call such
person to order, in which case that person shall be silent except to continue in order. If
the Council President transgresses these rules, or fails to call a ta'ansgressor to order, any
other member of the Council may, under a point of order, call the transgressor to order.
4. Challenge to Ruling: Any member of the Council, shall have the right to challenge any
action or ruling of the Council President, or member, as the case may be, in which case
the decision of the majority of the members of the Council present, including the Council
President, shall govern.
RULE 7 - PARLIAMENTARY PROCEDURE
1. Procedure Guide: The "Standard Code of Parliamentary Procedure", McGraw 1993,
shall be used as a guide to govern the conduct of business of the City Council while in
Legislative session. However, the Council President shall have the authority to make a
final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules.
RULE 8 - ORDINANCES - RESOLUTIONS
1. Actions: Any action of the Council shall be by ordinance, resolution or motion and
shall be conducted only in open public meetings unless otherwise provided by law. Such
action shall be deemed approved by an affirmative vote of a m~iority of those Council
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 7
members present, unless otherwise provided by law. Any such action shall contain only a
single subject matter aa~d may not be amended to include a different subject.
2. Submittal: No ordinance shall be read on final passage until approved as to form and
legality by the City Attorney and copies have been furnished to Council Members and the
City Clerk. No such ordinance shall contain any interlineations or mm'ginal notes.
3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be
deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the
purport of the resolution. The full text of an ordinance or resolution under consideration
by the Council will be provided to any member of the public upon request.
4. Hearings: Every ordinance shall have two public hearings, unless otherwise provided
in the City Charter. Amendments or revisions within the scope of the ordinance may be
made during either hem'ing without reintroduction. At least one week shall elapse
between the introduction and the final passage of the ordinance, if second reading is not
conducted within the following three meetings, first reading shall be reheard.
RULE 9 - MISCELLANEOUS
1. Agenda: By direction of the Council President, the Legislative Assistant shall prepare
the Agenda for each session of the Council in regular order in accordance with these
rules, which order shall not be depat-ted from, except as provided in these rules. Such
Agenda shall include all resolutions, ordinances and matters requested by any Council
Member, or the Mayor, with ~o items deleted fi'om the Agenda except as provided in
Rule 4 of these rules,
2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda
item at the time the item is discussed and prior to a vote by the Council. Such remarks
must be confined to those that are get-mane and relevant to the item being discussed and
shall be subject to a time limit. If numerous speakers are addressing the issue, the Council
President may fm-ther resn'ict speaker time. Written comments shall, to all intents and
puq0oses, be considered the same as oral comments.
3. Public Recognition: Any ~nember of the public shall have the right to address the
Council and the Mayor on issues not on the Agenda. No member of the public shall
engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes
the sale of products, or sm-vices; c) promotes any lottery or contest which offers prizes
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 8
dependent in whole or in part upon lot or chance. For those questions fi'om the public
posed to the Council that cannot be answered at the Council meeting, there will be a
written or verbal response fi'om the appropriate party or parties within a reasonable time.
Letters adch'essed to City officials will not be read in Public Recognition unless an
exception is granted by Council President based upon exceptional circumstances.
Argumentative Rebuttal is not permitted during Public Recognition.
During the election period, beginning the last week in July or from the time an individual
announces candidacy, whichever comes first, tlu'ough the November General Election, all
announcements or advertising concerning candidates are prohibited. Discussion of ballot
issues is prohibited after the issue has qualified for the ballot. Meetings for political
parties may be announced, with the exception of fundraising events (i.e. dinners,
drawings, etc.) or meetings where the title of the function expresses support or opposition
for any candidate, political party, or issue.
4. Public Hearings: Any member of tile public wishing to speak during Public Hearing,
should complete a registration card before the start of the meeting and submit it to the
Legislative Assistant. The Council President may allocate the time allotted to Public
Hearing equally among the members of the public who have registered.
5. Complaints: Personal complaints, especially those of a derogatory nature against any
official or employee of the City shall not be discussed at a Council meeting. Citizens
wishing to make such complaints shall be instructed that the same should be first
processed and handled through the Mayor's office. Then, if the citizen feels appropriate
action has not been taken, it shall be proper fol' the complaint to be communicated in
writing to the members of the Council. Complaints against a Council Member shall be
submitted to the Council President. If the complaint is against the Council President, the
complaint shall be submitted to the Vice-President. Acceptance by the Council of a
written complaint shall not, however, give rise to public discussion thereon-:---..T....h.¢.......C..i.~
Attorney should be consulted regarding confidentiality, rights to privacy and other legal
concerns.
6. Amendments to Rules & Procedures: Amend~nents to these rules shall be made by
resolution of the Council which must be laid over fol' at least one week, and may then be
made by majority vote of the full membership of the Council. After such proposed
amendments have been laid over roi' one week, they may be amended, added to, or
deleted, and adopted at the same or a subsequent session of the Council.
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 9
7. The Ciw Clerk: The City Clerk, or duly attthorized representative, shall attend all
meetings of the City Council and maintain a pem~anent journal of its proceedings. The
Clerk shall record all votes by calling the names of each member on a positional rotation
basis with Council President's vote called last.
8. Maintain Record: The Clerk shall cause to be recorded electronically all of the regular
and special meetings of the City Council and each and every part thereof. These records
shall be maintained for a period in conformance with Chapter 40.14 RCW.
9. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare
brief and concise minutes of all Council meetings and submit the same to the Council for
approval. Such minutes shall contain an accurate resume of official Council actions, with
reference to all matters before it.
10. Verbatim Transcript: No member of the Council, nor any member of the
administrative staff of the City, shall be empowered or authorized to require the
Legislative Assistant to insert in said official minutes any verbatim transcript of all or any
part of the proceedings. Verbatim transcripts shall be made a part of the minutes only
when authorized by a majority vote of the entire Council, made at the meeting wherein
such Verbatim request is made. Copies of tapes will be available at cost.
11. Committee Meetintzs: Committee meetings shall be held at City Hall, unless the
Committee business mandates a meeting elsewhere. A Council member, not appointed to
a Committee, may attend a meeting as an observer, but not participant.
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT
Members of the City Council shall observe the Expense Reimbursement Claim Policies
that have been established by o,-dinance or resolution. Reimbursement for tTavei by any
member of the Council outside the State of Washington shall be made only with the prior
informal approval of the majority of the Council. 'All Council member expenses shall be
subject to approval by the Council President.
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 10
RULE 11 - PUBLIC HEARINGS AND APPEALS
I. Time of Hearings: The time fox' commencing a public hearing ox' appeal may be noted
in the Council Agenda. The presiding officer may modify the order of business under
Rule 5 in order to conduct the hearing or appeal at or about the designated time.
.2...Quasi-Judicial Body: In hearing matters requiting application of law and determination
of facts which predominantly affect particular parties rather than the public generally or a
class or group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in
accordance with Rule 11 or 12.
a. Council President convenes hearing or appeal.
b. Item is int~'oduced by City Clerk.
c. Council President inquires:
i. "All Council members should now give consideration as to
whether they have: 1.) a demonstrated bias or prejudice for or
against any party to the proceedings; 2.) a direct or indirect
monetary interest in the outcome of the proceedings; 3.) a
prejudgment of the issue prior to hearing the facts on the
record; or 4.) ex t~arte contact ~vith any individual, excluding
administrative staff, with regard to an issue prio,' to the
hearing. If any Council member should answer in the
affirmative, then the Council member should state the reason
for their answer at this time so that the Chair may inquire of
the City Attorney as to whether a violation of the Appearance
of Fairness Doctrine ora Conflict of Interest exists."
2. "If any member of the public believes any Council member
should excuse themselves due to a conflict with the
Appearance of Fairness doctrine, or for another concern,
please state the reasons now."
d. Council President calls upon Administrative Staff to present
recommendations of executive ox' decision of commission or board, to
provide a general background and to answer Council questions.
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page I l
e. Council President designates the length of argurnent to afford a fair
hearing of the issues. Correspondence is read and testimony taken fi'om
proponents, then opponents and those neun'al. Council may ask questions of
those testifying.
f. Limited questioning of opposing witnesses on technical matters by
either side may be allowed in the discretion of the Council President. The
City Attorney will advise the Council President when such questioning may
be a lawful requirement of the hearing.
g. President closes the public testimony portion of the hearing. Council
deliberates and may ask questions of the presenters.
h. A decision by motion is made. Tile Council may affirm, reverse or
modify an appealed decision based upon its application of code criteria and
standards to the record on appeal. For actions forwarded with a favorable
recommendation of the Planning Commission, a draft ordinance or
resolution should be presented at the initial public hearing for action.
i. On subsequent hearing(s) of an implementing ordinance or
resolution, the public comment at the hearing will be limited to the
issue of whether tile ordinance or resolution, including findings and
conclusions of Cot, ncil. reflects the Council's decision at the initial
public hearing.
j. No motion to rescind or reconsider the initial quasi-judicial decision
may be brought by anv Council member following close of the
meeting.
RULE 12 - HEARINGS AND APPEALS - CLOSED RECORD
1. Record: If the hearing is a closed record appeal or hearing, the record of the prior open
record appeal or pre-decision hearing may be supplemented with written argument
directed to the record and any alleged eh'ors. Argument shall be submitted as follows:
a. The Department of Building and Planning shall assign a hearing date in
coordination with the Couucil upon the filing of an appeal or pre-decision
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 12
recommendation from an open record appeal, with sufficient time to allow
filing of argument.
b. The appellant shall file a list of issues on appeal with suppot-ting
argument on each with the Council office 16 days (3rd Monday) prior to
the assigned hearing date. Supporters of a pre-decision recommendation
may file argument in support by this deadline. Those opposing the appeal
or pre-decision recommendation may file responsive argument to issues
raised in the appeal or suppm-ting argument 9 days (2nd Monday) prior to
hearing. The appellants/suppo~-ters may file a reply 7 days (Wednesday)
prior to hearing.
2. Hearing Procedure:
a. After the appearance of fairness inquiry, the President will announce
that the decision will be based on materials received in evidence at the
previous open hearing; n-anscript of the prior hearing; the final decision or
recommendation fi'om the previous hearing; and written argument which
has been submitted in a timely manner. The President asks if Council
members have listened to the tapes and reviewed other evidence submitted
in the prior open record hearing, and excuses those who have not.
b. Staff presents the recommendation or decision of the commission or
board, which reviewed the action, gives general background and answers
Council questions regarding the record. The Council may consider the
following limited evidence not set for-th in the reco~'d on appeal:
i. The Council may take official notice of information such
as any law, ordinance, resolution, rule or other fact generally
known and verifiable fi'om reliable sources.
2. Council members may view the area in dispute, but shall
note the time, manne~' and circumstances of such view on the
record.
3. Council deliberates and may ask questions of the staff.
4. A motion incot-porating the decision is made. The Council
may affi~Tn, reverse or modify an appealed decision based
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 13
upon its application of code criteria and standards to the
record on appeal. The decision may adopt the findings of the
lower review authority to the extent they address the merits of
the appeal and shall specify such additional findings and
conclusions necessary to support the decision. For actions
forwarded with a favorable recommendation of the Planning
Commission, a draft ordinance or resolution should be
presented at the initial public hearing for action.
5. On subsequent hearing(s) of an implementing ordinance or
resolution, the public comment at the hearing will be limited
to the issue of whether the ordinance or resolution, including
findings and conclusions of Council, reflects the Council's
decision at the initial public hearing.
6. No motion to rescind or reconsider the initial quasi-
judicial decision may be brought by any Council member
following close of the meeting.
Dated this 27th day of September, 2000.
CAROL ARENDS, City Council President
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 14
EXECUTIVE TELEPHONE DIRECTORY
Mayor's Office
Lynn Ho~xon 478-5266
City Council 478-5280
Dir. Administrative Services
City Clerk 478-5290
City Attorney 415-549'7
City Auditor 478-5369
City Engineer 478-5270
Fire Chief 478-5380
Police Chief 478-5222
Judge, Municipal Court 478-5260
Dir. Parks and Recreation 478-5305
Dir. of Building and Planning 478-5275
Dir. Public Works and Utilities 478-5318
City Treasurer 478-5210
Rules & Procedures
Resolution No. 2774
Revised 9/27/00
Page 15
AGENDA BILL
BREMERTON CITY COUNCIL
l. SUBJECT:Ordinance regulating the FOR AGENDA OF: October 25, 2000
functions of the Bremerton Parks and ORIGINATING DEPT: Parks & Recreation
Recreation Commission. ORIGINATOR: Cris Gears, Director
DATE SUBMITTED: October 17, 2000
2. Ct,I~,ARANCF~: /q 3. EXlZlIR~:
/ix' //
~;~ "~ ~ AVAILAI~LE ON 10/23/00
~RSEI~,~E/~FIr ~'~ INFO1;I34ATIONf- APPROVED BY COUNCIL PI~F_~MDENT FOR SUBMI~r'lr~AL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
For the past several months, the Parks and Recreation Commission has been considering a change in
its functions that would reduce the size of the Commission from nine (9) to seven (7) members. This
proposed change would allow the group to operate more effectively, and would reduce the amount of
time spent on recruiting volunteers willing to commit their time to the Commission's schedule of
monthly meetings. Since the Commission is currently conducting its business with two vacancies, the
proposed change would not directly impact any incumbent Commissioners.
At its regularly scheduled meeting on August 22, 2000, the Commission voted unanimously to
recommend that Council endorse the reduction in membership. The Commission also voted to
recommend two other minor "housekeeping" changes. The first relates to changing the title of the
body from "Board" to "Commission". The second relates to a clarification of the attendance
requirements.
In accordance with City policies, all three of these proposed changes in functions for the Parks and
Recreation Commission require approval of the City Council in the form of an Ordinance. The
proposed Ordinance would amend three prior Council actions (Resolutions Numbered 117, 341
and 2178) and would formalize the functions of the Commission.
8. RECOMMENDATION:
Motion to approve the proposed Ordinance regulating the functions of the Bremerton Parks and
Recreation Commission.
9. RESPONSIBLE OFFICIAL: Cris Gears
ENFORCEMENT OFFICIAL: Cris Gears
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED__
COUNCIL DIRECTIVE: DATE:
2. CLEARANCE COMMENTS:
IMPACT OF NON-PASSAGE:
Absent Council approval of the proposed Ordinance, the Commission will continue to struggle in
reaching a quorum at its monthly meetings, and the Mayor will have to continue attempting to fill
a large number of vacant positions.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
None.
7. RESEARCH SOURCES:
Legal Department review of previous Council actions.
SECOND DRAFT
ORDINANCE NO.
AN ORDINANCE regulating the functions of the Parks and Recreation Commission and
amending Resolution No. 117 (adopted August 27, 1941), Resolution No. 341 (adopted
January 26, 1944) and Resolution No. 2178 (adopted August 19, 1987).
TId~E CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: There is hereby established a Parks and Recreation Commission
which shall be appointed by the Mayor and approved by the City Council. The Parks and
Recreation Commission shall consist of seven (7) members who shall be citizens of the
United States and residents of the City of Bremerton~ The term of office shall be for three
(3) years. Members shall be appointed for staggered terms so that at least one member
shall be appointed annually. The members shall serve without compensation.
SECTION 2: Any member of the Commission may be removed from office for
incompetency, incompatability, dereliction of duty, malfeasance in office, nonattendance
at meetings, or other good cause after charges in writing have been delivered by the
Chairperson to the Mayor, notice given, and a full hearing conducted. Members of the
Commission shall automatically be dismissed from the Commission if members miss
more than three (3) consecutive meetings, or any five (5) meetings within a twelve (12)
month period.
SECTION 3: The Bremerton Parks and Recreation Commission shall conduct all
meetings in accordance with the rules adopted by the Commission which are designated
as the Parks and Recreation Commission Bylaws.
SECTION 4: The Commission, each year, shall elect its own chairperson and
create and fill such other offices as it may determine it requires. The date and time of the
Commission's regular meeting shall be specified in the Parks and Recreation
Commission Bylaws.
SECTION 5: The City shall provide for the verbatim recording of all Parks and
Recreation Commission meetings by electronic means. The City shall furnish a copy of a
tape recording of any meeting upon written request of any interested party. The party
requesting the copy of the tape must bear the costs of recording and tape. The
Commission shall also keep a written record of its meetings, findings and conclusions.
That record shall be a public record.
SECTION 6: The Parks and Recreation Commission generally shall serve in an
advisory capacity to the City Council, the Mayor, and the Parks and Recreation staff
concerning formulation of policy and plans for development, management, and operation
of the City's parks and recreation programs. Duties of the Commission shall include, but
not be limited to:
A. Assist with review of the Parks and Recreation budget;
B. Promote parks and recreation programs to the community;
C. Assist in the establishment of short-term and long-term goals for the future
of the City's park system, including recreational programming and park
maintenance; and
D. Monitor and assess the park system.
SECTION 7: In its advisory capacity, the Parks and Recreation Commission may
advise, make recommendations to, and guide the Parks and Recreation Department on
issues relating to recreational programming and the City's parks and open space system,
and to assist the Cky in the following:
A. The development of a broad variety of programs, facilities and services to
meet the needs and demands of the community;
B. Education of the public about the importance of and need for Parks and
Recreation programs, facilities and services;
C. Enhancement of citizen involvement in the planning and development of
the parks system and the identification of local needs;
D. Establishment of an effective public relations program utilizing all
appropriate communications media;
E. Long range capital improvement planning;
F. Development of a close liaison and coordination with other agencies to
ensure total cooperative community effort to provide the most effective
and efficient service possible; and
G. Periodic review of the Parks and Recreation Department's programs,
facilities, services and relationships to assure that its goals and objectives
are relevant to community needs.
SECTION 8: This Ordinance hereby amends Resolution No. 117, Resolution No.
341 and Resolution No. 2178.
APPROVED by the City Council on first reading this ~ day of ,2000.
PASSED by the City Council of the City of Bremerton, Washington, signed by the
Mayor and attested by the City Clerk in authentication of such passage this~ day of
,2000.
RESOLUTION NO. 117
WHEREAS, the recreational facilities of the City of Bremerton have been recently
surveyed, and applications have been made to the Federal Government for financial
assistance in order to expand the recreational facilities in the
City
of
Bremerton,
and it is considered desirable that a Recreation Commission should be appointed by
the City Commission for the purposes hereinafter stated, now therefore
BE IT RESOLVED by the City Commission of the City of'Bremerton.that there be and
there is hereby set up and established a Recreation Commission in the City of
Bremerton, which shall consist of five citizen_s who shall be appointed by the Mayor,
subject to the approval of the City Commission; which said'Recreation Commission shall
be end is hereby empowered and authorized to gi~ve advice and make recommendations to
the City Commission on all matters relating to public recreational facilities in the
City of Bremerton; and to assist the City Commission in connection with ell~,proJects
relating to recreational facilities in the City of Bremerton,. and particularly in
connection with applications which haSe been made '~to the Federal Government' for funds
for increasing ~ublic recreational facilities in the C,~ity of Bremerton.
PASSED by the city Commission, signed; .bY the Mayor, ~n~ attested by the City Clerk
in authentication of such passage this 27th~y of August~1941.
Atf~est: fi may r'
E. J McCall, City clerk '"/ ~ ~j'
Deputy~ ~.
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RF, SOLUTION NO. 541
WHEREAS, by t{esolutton No. 117 the Recreation Co,remission was established, consis-
of five members appointed by the Mayor, subject to the approval of tile City CounciL,
whereas, it appears that for the best interests of the City's recreatlonal program,
said Recreation Commission be enlarged, now therefore
BE I2 RESOLVED by the City Council of the City of Bremerton, tha~ Resolution No. 117
and the same is hereby amended, to enlarge the membership of the Recreation Commission
five ~o seven citizens, and the Mayor of the City of Bremerton, is hereby authorized
appoint two additional members, subject to the provisions of said Resolution No. 117,
the City Charter.
PASSED BY the city Cmmcil, signed by the Mayor, and attested by the City Clerk in tion of such passage, this 26th day of January, 1944.
ATTEST: ~- Mayor
/C i ty -C'I e rk
RESOLUTION NO. 2178
WHEREAS, the City of Bremerton by Resolutions 117 and 341
established a Recreation Board; and
WHEREAS, the best interests of the City require that said
Board also consult with and advise their City and its citizens on
the maintenance and development of parks, as well as recreation
programs; and
WHEREAS, the advisory role of said Board is best fulfilled
through a membership of nine (g) Board Members; now therefore,
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL
That the Recreation Board shall hereafter be known as the Parks
and Recreation Board, and shall consist of nine (9) citizens of
Bremerton who shall be appointed by the Mayor with approval of
the City Council. The Boamd shall adopt Bylaws subject to the
approval of the Mayo~ and the City Council and shall the~eafte~
advise and make ~ecommendations to the Council and City officials
and p~ovide assistance with ~espect to all p~ojects ~elating to
pamk and ~ec~e~tional development ~n the City of B~eme~ton.
PASSED by the City Council of the City of B~eme~ton this
SPENCER HORNING
President, City Council
APPROVED
this
LOBE, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk[
Bremerton Parks and Recreation Board
Proposed By-Laws
Article I: PURPOSE OF THE ORGANIZATION
The purpose of this organization is to advise, make
recommendations to, and guide the Park and Recreation Department
and/or Municipal Officials on Recreational Programming and the
Park/Open Space system, and to assist the City in accomplishing
the following goals:
A. The development of a broad variety of programs,
facilities, and services to meet the total needs and demands
· utilizing the total resources of the community.
B. Education of the public about the importance of and need
for Park and Recreation programs, facilities and services.
C. Enhancement of citizen involvement in (1) the planninG
and development of the Park and Recreation system and (2)
the identification of local needs.
D. Establishment and maintenance of an effective public
relations program utilizing all appropriate communications
media.
E. Long range capital improvement planning and in the
development of adequate bond levy support.
F. Development of a close liaison and coordination with
other agencies to ensure total cooperative community effort
to provide the most effective and economical services
possible.
G. Periodic review of the Park and Recreation Department's
programs, facilities, services and relationships periodically
to assure that it's goals and objectives are relevant to
community needs.
H. Encourage and support the Park and Recreation staff in
utilizing a team approach to the Department goals and
objectives.
ARTICLE II: MEMBERSHIP
The Board shall consist of nine (9) members appointed by the
Mayor and confirmed by the City Council. Members shall serve
without pay. Terms of the office shall begin the first year with
appointments as follows:
3 members appointed for 3 years
3 members appointed for 2 years
3 members appointed for I year
All appointments thereafter shall be for 3 year terms.
Replacements shall serve the remainder of the vacant term.
Section 1. At the annual meeting, the members of the Park and
Recreation Board shall elect from it's membership a
chairperson and vice-chairperson. The Park and
Recreation Director shall serve as an ex-officio
member.
Section 2. The Chairperson shall preside at meetings of the
Board, appoint committees, and perform all duties
generally pertaining to the office of Chairperson.
Section 3. The Vice-Chairperson shall perform these duties in
the absence of the Chairperson.
Section 4: A Park and Recreation Department representative shall
keep a record of the meetings of the Board, record
all official actions, have custody of it's books and
records, give notices to the members of meetings, and
perform other duties as may be assigned by the Board.
ARTICLE IV: MEETINGS
Section 1. The annual meeting shall be held in September of each
year and the officers elected at the annual meeting
shall take office the following month.
Section 3. Special meetings may be called by the Chairperson or
a majority of the members at any time deemed
necessary or desirable.
Section 4. The absence of any member of this Board for three (3)
consecutive meetings or any five (5) meetings within
a twelve (12) month period shall constitute a vacancy
on the Board.
Section 5. A majority of the Board shall at all times constitute
a quorum.
ARTICLE V: FUNCTIONS AND DUTIES
The Board generally shall serve in an advisory capacity to the
City Council, the Mayor, and the Park and Recreation Staff,
concerning formulation of policy and plans for development,
management, and Operation of the City Parks and Recreation
program. Duties of the Park and Recreation Board shall include,
but not be limited to, the following:
1. Assist with the review of the Parks and Recreation
Budget.
2. Promote Park and Recreation programs to the Community.
3. Assist in the establishment of goals for short-term and
long-term future of the City Park system including
recreational programming and Park maintenance.
_~--~e~ve cit'u~n-' .......
~ I ~ ~ input conce~nin§ =~ and
Recreation.
5. Monitor and assess the Park system. Such duties shall
be coordinated to assist the City in carryinG out a
program of Parks and Recreation for the General welfare
of the people of the City, and to assist the Department
of Parks and Recreation in performing it's duties as
required by law, City Council or the Mayor.
ARTICLE VI: AMENDMENTS
Proposed amendments to these by-laws must be submitted in writinG
at a regularly scheduled meetinG. Discussion of the proposed
amendment shall take place at the next regularly scheduled
meeting and voting shall occur at the third meeting.
Amendments to the By-Laws shall be approved by the Mayor and
approved by the City Council.
ORDINANCE NO.
AN ORDINANCE regulating the functions of the Parks and Recreation Commission and
amending Resolution No. 117 (adopted August 27, 1941), Resolution No. 341 (adopted
January 26, 1944)and Resolution No. 2178 (adopted August 19, 1987).
WHEREAS, the Parks and Recreation Board has recommended to the City Council that
the Boards' members be reduced from nine (9) members to seven (7) members, and that
it be known as the Parks and Recreation Commission, and
WHEREAS, The City Council has duly considered the recommendations of the Parks
and Recreation Board, and has further considered the advisability of defining the duties
and responsibilitids of the Board, now, therefore;
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: That the City of Bremerton Parks and Recreation Board shall be known as
the Parks and Recreation Commission. The Parks and Recreation Commission shall
consist of seven (7) members who shall be residents oftbe City of Bremerton. The
appointments shall be for three (3) year Terms. Members shall be appointed for
staggered terms so that two members shall be appointed for terms commencing
September 30, 2001, two members shall be appointed for terms commencing September
30, 2002; and three members shall be appointed for terms commencing September 30,
2003. The current Commission members whose terms expire in 2001, 2002 and 2003
shall continue to serve their terms until September 29 of the year of the expiration of their
terms. The members shall serve without compensation.
SECTION 2: Any member of the Commission may be removed from office with notice
from the Mayor upon the formal reconnnendation of the Commission for incompetence,
incompatibility of office, dereliction of duty, malfeasance in office, lack of attendance at
meetings, or other good cause. Members of the Commission may be dismissed from the
Commission if they miss more than three (3) consecutive meetings, unexcused, or any
five (5) meetings within a twelve (12) month period.
SECTION 3: The Bremerton Parks and Recreation Commission shall conduct all
meetings in accordance with the roles adopted by the Commission which are designated
as the Parks and Recreation Commission By-Laws.
SECTION 4: The Commission, each year, shall elect its own chairperson and create and
fill such other offices as it may determine it requires. The Commission's regular meeting
shall be held at 5:30 p.m. on the fourth Tuesday of each month, unless a change in the
scheduled date or time is approved and duly noticed by the Commission.
APPROVED by the City Council on first reading this day of ,2000.
PASSED by the City Council of the City of Bremerton, Washington, signed by the
Mayor and attested by the City Clerk in authentication of such passage this day of
., 2000.
CAROL ARENDS, President
Bremerton City Council
Approved this ~ day of ,2000.
LYNN S. HORTON, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public Hearing FOR AGENDA OF: October 25, 2000
Resolution #__~_~ regarding recovery of fees for ORIGINATING DEPT.: Fire Dept.
removal ofvegctation on the listed properties. ORIGINATOR: Al Duke
DATE SUBMITTED:
2. CLEARANCE~ (Commen~on back if 3. EXHIBITS:
Fire Chief: ~ 1. Resolution # ~'7~O
City Clerk'~)~~ // . 2. Property Identification List
City Att0r~: .~-f.,~L4~,~..4.~-f~-'~ 3. Photos
a0N_ APPRO o BY P Smr r for St n rAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Ordimmce 04584 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:
I move that Council pass Resolution # , ordering that the nuisance vegetation on 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 ~2
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO.:
2. CLEARANCE 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 defter of not collecting these funds.
7. RESEARCH SOURCES:
N/A
RESOLUTION # ~,"/RQ
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 g4584 in February of 1997, which declares certain
vegetation a public nuisance, a fire hazard and a menace to public health, safety and welfare and requiring its
abatement; and
WHEREAS, 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 filed; 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
WEED ABATEMENT LISTING
10-25-00
SITE ADDRESS OWNER
1702 Burwell
Donald
Rockwell
35219 Hood Canal Dr. SE
Kingston, WA 98346
08 N. Cambrian William Smokoff
1
6116 Kitsap Way Trlr 50
Bremerton, Wa 98312-2158
1106 Elizabeth Marlys
Harris
1531 - 8th Street
Bremerton, WA 98337
2711/2713 Hefner
James
B.
Hartstrom
P.O. Box 838
Cemralia, WA 98531
122 S. Lafayette Waker and Phyllis A. Bale
Bale Family Trust
11771 Brownsville Hwy NE
Poulsbo, WA 98370
Pl. Troy Yowell
1416
Lindberg
1416 Lindberg Place
Bremerton, WA 98310
3121 Preble Brian S. and Sonya I. Keller
288 W. Antelope Dr. Apt. A
Layton, UT 84041-6074
301 N. Wycoff Tonya Molien
301 N. Wycoff Avenue
Bremerton, WA 98312
319 Yew Richard and Anita Weld
319 Yew Street
Bremerton, WA 98310
2708 - 9th Street N.J. Peterson
P.O. Box 2241
Bremerton, WA 98310
2133 - 11th LeRoy Ousley
109 Naval Avenue
Bremerton, WA 98312
~3~5 - 15t~ St. , ,~41~'' James Hart
~1~~qz'~ P.O. Box 422
'~~~ ~awock, ~ 99921
2518 E. Ke~ ~d L~min~ Jones
16~
2518 E. 16m St.
Brem~o~ W 98310
339 E. T~othy ~d B~a L. R~sell
28~
339 E. 28m S~eet
Bremeno~ W 98310
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: ORDINANCE # , FOR AGENDA OF: October 25, 2000
VACATING PORTIONS OF C STREET, ORIGINATING DEPT: PW&U Engineering Div..
NEBRASKA AVENUE, AND AN ALLEY ORIGINATOR: W. Eugene Sampley, Director~//-~/)_
BETWEEN BAY VIEW DRIVE WEST AND DATE SUBMITTED: October 17, 2000
STATE ROUTE 3, SOUTH OF C STREET /-~
2. CLEARANCES: (comment on bacl~~~ 3. EXItllilTS
Director, Public Works/Utilities ~2~ // A. Ordinance #
City Attomey ( _~_ _~___~_~~-.},_B. Site Map.
Dirzctc&, Community Development _~'~~(~[~j C. StaffReport.
Council Budget & Finance Committ~.r~2~. / .
Operations Committee ~"~ ,~,a~.?~'~
~k~(~E~ ~INF~__TM. COUNCIl.APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:pRESIDENT ~ _~ff_. _A?~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has initiated the vacation of portions of C Street, Bay View Drive West, Nebraska Avenue, and an
alley located between Bay View Drive West and State Route 3 south of C Street. A hearing date of October 25,
2000 was set by City Council on September 27, 2000 to hear this request for vacation. These rights-of-way are
located in the areas that were purchased by the City as part of the Wastewater Treatment Plant odor mitigation.
A portion of this property has been purchased by Rodney and Linda Parr for development, and the City has
retained the portion of the property abutting the north end of the Wastewater Treatment Plant. Posting of the
heating notices and mailings to the adjacent property owner have been completed in accordance with State law
and the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff
Report. The request before the City Council is to approve, disapprove, or modify this vacation of portions of C
Street, Nebraska Avenue, and an alley between Bay View Drive West and State Route 3, south of C Street.
8. RECOMMENDATION:
A. Motion to approve the attached Ordinance, vacating a portion of C Street, Nebraska Avenue and an alley, on
first reading.
B. Motion to pass Ordinance # , vacating a portion of C Street, Nebraska Avenue and an alley, on
second reading.
9. RESPONSIBLE OFFICIAL: City Engineer
" ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
COUNCIL DIRECT~E
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The streets will remain rights-of-way and the City will retain maintenance and repair
responsibilities for the streets.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation of Public Rights-of- Way
R CW 35. 79 Streets
ab, Agenda Bills 2000, C Street
Filed for Record at Request of:
When Recorded Return to:
Name: Bremerton City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Ordinance No.
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: City of Bremerton
Grantee's Name: Not Applicable
Tax Parcel #: Not Applicable.
Abbreviated Legal Description: A PORTION OF THE PLAT OF BREMERTON
HEIGHTS, AS RECORDED IN VOLUME 3 OF
PLATS, PAGE 41, RECORDS OF KITSAP CO.,
WA., SITUATE IN THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION
22, T. 24N., R.I.E., W.M., KITSAP CO., WA.
ORDINANCE #
AN ORDINANCE Vacating a portion of C Street, Nebraska
Avenue and an alley between Bay View Drive West and
State Route 3, south of C Street.
WHEREAS, The City of Bremerton has initiated the vacation of this right-of-way;
and
WHEREAS, notice has been posted and published according to law; and
WHEREAS, the City Council finds that the portion of the right-of-way set forth
herein is not needed for present or future use and should be vacated to allow the
abutting property owners to maintain the parcel, now therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Vacation. The following right-of-way is hereby vacated to the
adjoining property owners.
Ordinance Vacating Portions of C Street
Page 1
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22,
TOWNSHIP 24 NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON.
THAT PORTION OF THE PLAT OF BREMERTON HEIGHTS BLOCKS 20,21,24,25,28,
PLAT 4502, RECORDED IN VOLUME 3 PAGE 41, RECORDS OF KITSAP COUNTY,
WASHINGTON DESCRIBED AS FOLLOWS:
THAT PORTION OF VACATED (RECORDED FEB. 2, 1998, ORDINANCE NO.
4621) "H" STREET, A 40 FOOT WIDTH, LYING EASTERLY OF OYSTER BAY
AVENUE AND WESTERLY OF THE SR3 RIGHT-OF-WAY.
ALSO THE VACATED BAYVIEW DRIVE RIGHT-OF-WAY RECORDED CJ 15
PG.371 KITSAP COUNTY, WA.
ALSO THAT PORTION OF VACATED (RECORDED FEB. 2, 1998,
ORDINANCE NO. 4621) "D" STREET, A 40 FOOT WIDTH, LYING EASTERLY
BAYVIEW DRIVE AND WESTERLY OF THE SR3 RIGHT-OF-WAY.
ALSO A 40 FOOT WIDTH, BEGINNING AT THE SOUTHWEST CORNER OF
SAID VACATED BAYVlEW DRIVE RECORDED CJ 15 PG 371 IN KITSAP COUNTY,
WA., THENCE CONTINUING SOUTHWESTERLY ALONG VACATED (RECORDED
FEB. 2, 1998, ORDINANCE NO. 4621) BAYVlEW DRIVE, THENCE CONTINUING
SOUTHWESTERLY, A 40 FOOT WIDTH, OF THE EASTERLY PORTION OF THE 50
FOOT WIDTH OF VACATED (RECORDED FEB. 2, 1998, ORDINANCE NO. 4621)
BAYVlEW DRIVE, THENCE CONTINUING TO THE NORTH BOUNDARY OF
VACATED BAYVIEW DRIVE (RECORDED CJ 15 PAGE 599 KITSAP COUNTY
RECORDS). TOGETHER WITH THE WEST 10 FEET OF LOTS 12 AND 23 OF
BLOCK 25 OF SAID PLAT AND LOTS 11 AND 24 OF BLOCK 28 OF SAID PLAT.
ALSO THAT PORTION OF VACATED (RECORDED FEB. 2, 1998,
ORDINANCE NO. 3621) "C" STREET, A 30 FOOT WIDTH, LYING EASTERLY OF
OYSTER BAY AVENUE AND EASTERLY OF BAYVIEW DRIVE, TOGETHER WITH
THE SOUTH 10 FEET OF LOTS 25 THRU 34 OF SAID PLAT BLOCK 28.
ALSO THAT PORTION OF VACATED (RECORDED FEB. 2, 1998,
ORDINANCE NO. 4621) "C" STREET, A 60 FOOT WIDTH, LYING WESTERLY OF
THE SR3 RIGHT-OF-WAY AND RUNNING WESTERLY 40 FEET THEREOF.
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22,
TOWNSHIP 22 NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON.
THAT PORTION OF THE PLAT OF NAVY YARD CITY BLOCK 18 PLAT 4600,
RECORDED IN VOLUME 3 PAGE 75, RECORDS OF KITSAP COUNTY,
WASHINGTON DESCRIBED AS FOLLOWS:
A 20 FOOT WIDTH, 10 FEET EACH SIDE OF THE CENTERLINE OF THE
EXISTING SEWER PIPE. BEGINNING AT A POINT ON NORTH LINE OF LOT 1 OF
SAID PLAT AND CONTINUING SOUTHERLY TO A POINT ON THE SOUTH LINE OF
SAID LOT 1.
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 22,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. KITSAP COUNTY, WASHINGTON.
THAT PORTION OF BLOCKS 14 AND 20 OF THE PLAT OF BREMERTON HEIGHTS.
DESCRIBED AS FOLLOWS:
Ordinance Vacating Portions of C Street
Page 2
A 20 FOOT WIDTH, 10 FEET EACH SIDE OF THE CENTERLINE OF THE
EXISTING SEWER PIPE. BEGINNING AT THE NORTHWEST CORNER OF SAID
SECTION 22, THENCE ALONG THE WEST LINE OF SAID SECTION 22, S
1°59'42"-2665.48 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 22;
THENCE LEAVING SAID WEST LINE, N 35°50'09"~E195.15 FEET TO THE CENTER
OF AN EXISTING MANHOLE; THENCE ALONG THE EXISTING SEWER PIPE S
8°01'30"E-101.21 FEET TO THE CENTER OF AND EXISTING MANHOLE; THENCE
ALONG THE EXISTING SEWER PIPE S 29°~454.93 FEET TO THE CENTER OF AN
EXISTING MANHOLE AND THE TERMINUS.
Section 2. Reservations of Easements.
a. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation, maintenance and repair of water lines across and under the
following real property:
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST W. M. KITSAP COUNTY,
WASHINGTON. IN THE PLAT OF BREMERTON HEIGHTS BLOCKS 028, PLAT
4502, RECORDED IN VOLUME 3 PAGE 41, AND THE PLAT OF NAVY YARD CITY
PLAT 4600 BLOCK 018 RECORDED IN VOLUME 3 PAGE 75, RECORDS OF KITSAP
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
THAT PORTION OF "C" STREET (1sT AVE. PER PLAT), LYING BETWEEN THE
WESTERLY RIGHT-OF-WAY OF BAYVIEW DRIVE AND SR3.
ALSO THAT PORTION OF BAYVIEW DRIVE LYING BETWEEN THE NORTHERLY
RIGHT-OF-WAY OF "C" STREET AND THE NORTH LINE OF VACATED BAYVIEW
DRIVE RECORDED CJ 15, PG. 599 RECORDS OF KITSAP COUNTY, WA.
b. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation, maintenance and repair of storm lines across and under the
following real property:
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST W. M. KITSAP COUNTY,
WASHINGTON. IN THE PLAT OF BREMERTON HEIGHTS BLOCKS 028, PLAT
4502, RECORDED IN VOLUME 3 PAGE 41, AND THE PLAT OF NAVY YARD CITY
PLAT 4600 BLOCK 018 RECORDED IN VOLUME 3 PAGE 75, RECORDS OF KITSAP
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
THAT PORTION OF "C" STREET (1sT AVE. PER PLAT), LYING BETWEEN THE
EASTERLY RIGHT-OF-WAY OF OYSTER BAY AVENUE (OYSTER BAY STREET
PER PLAT) AND THE EASTERLY RIGHT-OF-WAY OF BAYVlEW DRIVE.
ALSO THAT PORTION OF BAYVIEW DRIVE LYING BETWEEN THE
INTERSECTION OF BAYVIEW DRIVE AND "C" STREET AND THE NORTH LINE OF
VACATED BAYVlEW DRIVE RECORDED CJ 15, PG. 599 RECORDS OF KITSAP
COUNTY, WA.
Ordinance Vacating Portions of C Street
Page 3
c. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation, maintenance and repair of sewer lines across and under the
following real property:
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST W. M. KITSAP COUNTY,
WASHINGTON. IN THE PLAT OF BREMERTON HEIGHTS BLOCKS 028, PLAT
4502, RECORDED IN VOLUME 3 PAGE 41, AND THE PLAT OF NAVY YARD CITY
PLAT 4600 BLOCK 018 RECORDED IN VOLUME 3 PAGE 75, RECORDS OF KITSAP
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
THAT PORTION OF BAYVIEW DRIVE LYING BETWEEN NORTHERLY RIGHT-OF-
WAY OF "C" STREET AND THE NORTH LINE OF VACATED BAYVIEW DRIVE
RECORDED CJ 15, PG. 599 RECORDS OF KITSAP COUNTY, WA.
d. An easement is reserved for access purposes for the property described as
follows:
THAT PORTION OF SECTION 22 TOWNSHIP 24 NORTH RANGE 1EAST
BEGINNING AT THE NORTHEWEST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION THENCE EAST 90 FEET THENCE
SOUTH 175 FEET THENCE WEST 90 FEET THENCE NORTH 175 FEET TO THE
POINT OF BEGINNING.
The access easement is described as follows:
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST W. M. KITSAP COUNTY,
WASHINGTON. IN THE PLAT OF BREMERTON HEIGHTS BLOCKS 028, PLAT
4502, RECORDED IN VOLUME 3 PAGE 41, AND THE PLAT OF NAVY YARD CITY
PLAT 4600 BLOCK 018 RECORDED IN VOLUME 3 PAGE 75, RECORDS OF KITSAP
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
THAT PORTION OF "C" STREET (1sT AVE. PER PLAT), LYING BETWEEN THE
EASTERLY RIGHT-OF-WAY OF OYSTER BAY AVENUE (OYSTER BAY STREET
PER PLAT) AND THE NORTHEAST CORNER OF THE FOLLOWING DESCRIBED
PROPERTY:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUA'RTER OF SECTION 22, TOWNSHIP 24 N., RANGE 1 E.
W.M. IN KITSAP COUNTY, WA., THENCE E 90 FEET, THENCE S 175 FEET,
THENCE W 90 FEET, THENCE N 175 FEET, TO THE POINT OF BEGINNING.
e. An easement is reserved for the operation of the City of Bremerton Wastewater
Treatment Plant located in the vicinity of the Property. Buyer is aware, and
acknowledges by acceptance of the Property, that the past operations of the
Wastewater Treatment Plant resulted in lawsuits filed by neighbors residing on
properties on or near the Property. Buyer, its successors and assigns, waive and
Ordinance Vacating Portions of C Street
Page 4
'75
release the City, its employees, agents and contractors, or others acting in the lawful
operation of the Wastewater Treatment Plant, Collections System and Utility, from any
claims, damages or liability of any nature arising from said operations, whether said
claims are for actions in the past or occurring in the future.
Section 3. Effective date. This vacation shall become effective ten (10) days
from passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
,2000.
PASSED by the City Council of the City of Bremerton this day of
,2000.
CAROL ARENDS, Council President
APPROVED this day of ,2000.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
Ordinance Vacating Portions of C Street
Page 5
STREET VACATION REQUEST
C STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 25, 2000
PREPARED BY: Ned Lever
SUMMARY
A. Applicants: City of Bremerton
Location: C Street from Oyster Bay Avenue to the East margin of SR 3, a
portion of Bay View Drive West located south of C Street, A portion
of Nebraska Avenue and, a portion of the alley located between
Bay View Ddve West and SR 3 south of C Street.
B. Attachments: Vicinity Map and Vacation Area Map
Letter of Support from Parr Auto Group
BACKGROUND
The Department of Public Works and Utilities proposes vacating a portion of C Street,
Bay View Drive West and an undeveloped alley right-of-way. These rights-of-way are
located adjacent to City owned utility land and are no longer required for public access
subsequent to the condemnation and City purchase of the properties in this area. The
Parr Auto group, which owns the adjacent property to the north of C Street supports the
vacation of C street.
The adjacent property owner to the north will improve and maintain vacated C Street as
a private street. One private residence at the west end of C Street will continue to
utilizes C Street for access. An easement will be retained for this property. C Street is
currently paved and was utilized as access to residential properties that have since
been demolished. The City of Bremerton Utility owns most of the abutting property to
the south of C Street. The property to the north of this right-of-way is being developed
for commercial auto sales. The City of Bremerton will also retain an access easement
across "C" Street for the Wastewater Treatment Plant.
Bay View Drive West is currently developed and was also utilized as access to
residential properties that have been torn down. This area will be incorporated into the
wastewater treatment plant property. The portion of the Nebraska Avenue and the alley
are undeveloped and will also be incorporated into the wastewater treatment plant
property.
September 19, 2000
C Street Vacation
Page 1 of 5
RIGHT-OF-WAY CONDITIONS
C Street
· Functional Classification Local Access
· Existing R-O-W Width 30 feet
· Proposed R-O-W Width N/A
· Pavement Width 22 feet
· Surface Type Asphalt
· Curb and Gutter N/A
· Sidewalks N/A
Bay View Drive West
· Functional Classification Local Access
· Existing R-O-W Width 30 feet
· Proposed R-O-W Width N/A
· Pavement Width 22 feet
· Surface Type Asphalt
· Curb and Gutter N/A
· Sidewalks N/A
Nebraska Avenue and the Alley are undeveloped.
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good,
Staff Position:
These rights-of-way are not required for public use. Other than the single private
property located at the southeast corner of Oyster Bay Drive and C Street, the
proposed commercial project and the City are the only users of this access. C
Street will be redeveloped as a private street as part of the construction of the
auto dealership. The City and the other adjacent residential property will
continue to have easement access across this private street. Easements have
already been reserved on C Street for all City utilities.
September 19, 2000
C Street Vacation
Page 2 of 5
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this improved right-of-way will reduce the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
The construction of SR 3 effectively made these dead end streets. No other
thoroughfare would improve circulation in this area.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The only anticipated use of this area is for local access to the proposed
development, to the treatment plant, and as a utility corridor.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
No objections have been received from any abutting property owners to date.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Puget Sound Energy must retain an
easement on "C" Street. All other private utilities have been abandoned in this area.
Utilities easements must also be reserved for the existing and future City water sewer
and storm utilities.
September 19, 2000
C Street Vacation
Page 3 of 5
SUFFICIENCY OF SIGNATURES
This is a City initiated vacation and does not require signatures.
COMPENSATION
This is a mix of Class II and Class III right-of-way. No compensation is proposed by staff
as this vacation has been initiated by the City of Bremerton Public Works Department.
However, the Parr Auto Group has provided compensation for their portion of the C
Street right-of-way by constructing street improvements beyond the minimum required
for that project. These improvements include reconstruction of Oyster Bay Avenue and
additional curb and gutter and sidewalk to be constructed north of the project area on
Oyster Bay Avenue.
STAFF COMMENTS
No comments were received from Police or Community Development staff.
The Fire Department requires that Fire Department Access shall be maintained per the
Uniform Fire Code and Bremerton Roadway Standards. C Street shall be developed as
a private street and will provide adequate access.
Staff recommends that this Street Vacation be approved as requested with the
following Conditions of Approval:
1. The City will retain an access easement across the entire length of C Street
in addition to the existing utility easements in the street.
2. An access easement will be retained across the west end of C street for the
existing property located at the southeast corner of Oyster Bay Drive and C
Street. The easement will end at the east end of said property.
3. An electrical power easement is retained for existing facilities owned and
operated by Puget Sound Energy.
September 19, 2000
C Street Vacation
Page 4 of 5
Filed for Record at Request of:
When Recorded Return to:
Name: Bremerton City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Ordinance No.
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: City of Bremerton
Grantee's Name: Not Applicable
Tax Parcel #: Not Applicable.
Abbreviated Legal Description: A PORTION OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 22, T. 24N., R.I.E., W.M.,
KITSAP CO., WA.
ORDINANCE #
AN ORDINANCE Vacating a portion of C Street, Nebraska
Avenue and an alley between Bay View Drive West and
State Route 3, south of C Street.
WHEREAS, The City of Bremerton has initiated the vacation of this right-of-way;
and
WHEREAS, notice has been posted and published according to law; and
WHEREAS, the City Council finds that the portion of the right-of-way set forth
herein is not needed for present or future use and should be vacated to allow the
abutting property owners to maintain the parcel, now therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Vacation. The following right-of-way is hereby vacated to the
adjoining property owners.
Ordinance Vacating Portions of C Street
Page 1
A PORTION OF THE PLAT OF BREMERTON HEIGHTS AS RECORDED IN VOLUME
3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, A
PORTION OF THE PLAT OF NAVY YARD CITY AS RECORDED IN VOLUME 3 OF
PLATS, PAGE 75, RECORDS OF KITSAP COUNTY, WASHINGTON AND A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON, ALL SITUATE IN
SAID SECTION 22, DESCRIBED AS FOLLOWS:
THAT PORTION OF "C" STREET (1s~" AVENUE PER PLAT), LYING BETWEEN
THE EASTERLY RIGHT-OF-WAY OF OYSTER BAY AVENUE (OYSTER BAY
STREET PER PLAT) AND THE WESTERLY RIGHT-OF-WAY OF SR3.
ALSO THAT PORTION OF BAYVlEW DRIVE LYING BETWEEN THE SOUTH
LINE OF THE VACATED BAYVlEW DRIVE RECORDED UNDER AUDITOR'S FILE
#3065426, RECORDS OF KITSAP COUNTY, WASHINGTON AND THE NORTH LINE
OF VACATED BAYVIEW DRIVE AS RECORDED IN COMMISSIONER'S JOURNAL
VOLUME 15, PAGE 599, RECORDS OF KITSAP COUNTY, WASHINGTON.
ALSO THAT PORTION OF NEBRASKA AVENUE LYING BETWEEN THE
NORTH LINE OF VACATED NEBRASKA AVENUE AS RECORDED IN
COMMISSIONER'S JOURNAL VOLUME 17, PAGE 444, RECORDS OF KITSAP
COUNTY, WASHINGTON, AND THE EASTERLY RIGHT-OF-WAY OF SAID BAYVIEW
DRIVE.
ALSO THAT PORTION OF THE ALLEY IN THE SAID PLAT OF NAVY YARD
CITY, LYING BEWEEN THE EXTENSION OF THE SOUTH LINE OF LOT 33 AND
THE SOUTH RIGHT-OF-WAY OF SAID "C" STREET.
Section 2. Reservations of Easements.
a. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation, maintenance and repair of water lines across and under the
following real property:
A PORTION OF THE PLAT OF BREMERTON HEIGHTS AS RECORDED IN VOLUME
3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, A
PORTION OF THE PLAT OF NAVY YARD CITY AS RECORDED IN VOLUME 3 OF
PLATS, PAGE 75, RECORDS OF KITSAP COUNTY, WASHINGTON AND A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON, ALL SITUATE IN
SAID SECTION 22, DESCRIBED AS FOLLOWS:
THAT PORTION OF "C" STREET (1sT AVENUE PER PLAT), LYING BETWEEN
THE WESTERLY RIGHT-OF-WAY OF BAYVIEW DRIVE AND SR3.
ALSO THAT PORTION OF BAYVIEW DRIVE LYING BETWEEN THE
NORTHERLY RIGHT-OF-WAY OF "C" STREET AND THE NORTH LINE OF
VACATED BAYVlEW DRIVE AS RECORDED IN COMMISSIONER'S JOURNAL
VOLUME 15, PAGE 599, RECORDS OF KITSAP COUNTY, WASHINGTON.
Ordinance Vacating Portions of C Street
Page 2
b. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation, maintenance and repair of storm lines across and under the
following real property:
A PORTION OF THE PLAT OF BREMERTON HEIGHTS AS RECORDED IN VOLUME
3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, A
PORTION OF THE PLAT OF NAVY YARD CITY AS RECORDED IN VOLUME 3 OF
PLATS, PAGE 75, RECORDS OF KITSAP COUNTY, WASHINGTON AND A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON, ALL SITUATE IN
SAID SECTION 22, DESCRIBED AS FOLLOWS:
THAT PORTION OF "C" STREET (1sT AVENUE PER PLAT), LYING BETWEEN
THE EASTERLY RIGHT-OF-WAY OF OYSTER BAY AVENUE (OYSTER BAY
STREET PER PLAT) AND THE EASTERLY RIGHT-OF-WAY OF BAYVlEW DRIVE.
ALSO THAT PORTION OF BAYVlEW DRIVE LYING BETWEEN THE
INTERSECTION OF BAYVlEW DRIVE AND "C" STREET AND THE NORTH LINE OF
VACATED BAYVIEW DRIVE AS RECORDED IN COMMISSIONER'S JOURNAL,
VOLUME 15, PAGE 599 RECORDS OF KITSAP COUNTY, WASHINGTON.
c. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation, maintenance and repair of sewer lines across and under the
following real property:
A PORTION OF THE PLAT OF BREMERTON HEIGHTS AS RECORDED IN VOLUME
3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, A
PORTION OF THE PLAT OF NAVY YARD CITY AS RECORDED IN VOLUME 3 OF
PLATS, PAGE 75, RECORDS OF KITSAP COUNTY, WASHINGTON AND A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON, ALL SITUATE IN
SAID SECTION 22, DESCRIBED AS FOLLOWS:
THAT PORTION OF BAYVIEW DRIVE LYING BETWEEN THE NORTHERLY
RIGHT-OF-WAY OF "C" STREET (1sT AVENUE PER PLAT) AND THE NORTH LINE
OF VACATED BAYVlEW DRIVE AS RECORDED IN COMMISSIONER'S JOURNAL
VOLUME 15, PAGE 599, RECORDS OF KITSAP COUNTY, WASHINGTON.
d. An easement is reserved for ingress and egress purposes for the property
described as follows:
THAT PORTION OF THE SOUTHWEST QUARTER, OF THE SOUTHWEST
QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER, THENCE EAST 90 FEET; THENCE
Ordinance Vacating Portions of C Street
Page 3
SOUTH 175 FEET; THENCE WEST 90 FEET; THENCE NORTH 175 FEET TO THE
POINT OF BEGINNING.
The access easement is described as follows:
A PORTION OF THE PLAT OF BREMERTON HEIGHTS AS RECORDED IN VOLUME
3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, A
PORTION OF THE PLAT OF NAVY YARD CITY AS RECORDED IN VOLUME 3 OF
PLATS, PAGE 75, RECORDS OF KITSAP COUNTY, WASHINGTON AND A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON, ALL SITUATE IN
SAID SECTION 22, DESCRIBED AS FOLLOWS:
THE WESTERLY 60 FEET OF "C" STREET (1sT AVENUE PER PLAT) LYING
EAST OF OYSTER BAY AVENUE (OYSTER BAY STREET PER PLAT).
e. An easement is reserved for the City of Bremerton for ingress and egress
purposes across the property described as follows:
A PORTION OF THE PLAT OF BREMERTON HEIGHTS AS RECORDED IN VOLUME
3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, A
PORTION OF THE PLAT OF NAVY YARD CITY AS RECORDED IN VOLUME 3 OF
PLATS, PAGE 75, RECORDS OF KITSAP COUNTY, WASHINGTON AND A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON, ALL SITUATE IN
SAID SECTION 22, DESCRIBED AS FOLLOWS:
THAT PORTION OF "C" STREET (1s~- AVENUE PER PLAT), LYING BETWEEN
THE EASTERLY RIGHT-OF-WAY OF OYSTER BAY AVENUE (OYSTER BAY
STREET PER PLAT) AND THE EASTERLY RIGHT-OF-WAY OF BAYVIEW DRIVE.
f. An easement is reserved for Puget Sound Energy for maintenance and repair of
power lines and appurtenance over, under and upon the following described property:
A PORTION OF THE PLAT OF BREMERTON HEIGHTS AS RECORDED IN VOLUME
3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, A
PORTION OF THE PLAT OF NAVY YARD CITY AS RECORDED IN VOLUME 3 OF
PLATS, PAGE 75, RECORDS OF KITSAP COUNTY, WASHINGTON AND A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. KITSAP COUNTY, WASHINGTON, ALL SITUATE IN
SAID SECTION 22, DESCRIBED AS FOLLOWS:
THE WESTERLY 60 FEET OF "C" STREET (1s-~ AVENUE PER PLAT) LYING
EAST OF OYSTER BAY AVENUE (OYSTER BAY STREET PER PLAT).
Ordinance Vacating Portions of C Street
Page 4
g. An easement is reserved for the operation of the City of Bremerton Wastewater
Treatment Plant located in the vicinity of the Property. Buyer is aware, and
acknowledges by acceptance of the Property, that the past operations of the
Wastewater Treatment Plant resulted in lawsuits filed by neighbors residing on
properties on or near the Property. Buyer, its successors and assigns, waive and
release the City, its employees, agents and contractors, or others acting in the lawful
operation of the Wastewater Treatment Plant, Collections System and Utility, from any
claims, damages or liability of any nature arising from said operations, whether said
claims are for actions in the past or occurring in the future.
Section 3. Effective date. This vacation shall become effective ten (10) days
from passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
,2000.
PASSED by the City Council of the City of Bremerton this day of
,2000.
CAROL ARENDS, Council President
APPROVED this day of ,2000.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
Ordinance Vacating Portions of C Street
Page 5
STREET VACATION REQUEST
C STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 25, 2000
PREPARED BY: Ned Lever
SUMMARY
A. Applicants: City of Bremerton
Location: C Street from Oyster Bay Avenue to the East margin of SR 3, a
portion of Bay View Drive West located south of C Street, A portion
of Nebraska Avenue and, a portion of the alley located between
Bay View Drive West and SR 3 south of C Street.
B. Attachments: Vicinity Map and Vacation Area Map
Letter of Support from Parr Auto Group
BACKGROUND
The Department of Public Works and Utilities proposes vacating a portion of C Street,
Bay View Drive West and an undeveloped alley right-of-way. These rights-of-way are
located adjacent to City owned utility land and are no longer required for public access
subsequent to the condemnation and City purchase of the properties in this area. The
Parr Auto group, which owns the adjacent property to the north of C Street supports the
vacation of C street.
The adjacent property owner to the north will improve and maintain vacated C Street as
a private street. One private residence at the west end of C Street will continue to
utilizes C Street for access. An easement will be retained for this property. C Street is
currently paved and was utilized as access to residential properties that have since
been demolished. The City of Bremerton Utility owns most of the abutting property to
the south of C Street. The property to the north of this right-of-way is being developed
for commercial auto sales. The City of Bremerton will also retain an access easement
across "C" Street for the Wastewater Treatment Plant.
Bay View Drive West is currently developed and was also utilized as access to
residential properties that have been torn down. This area will be incorporated into the
wastewater treatment plant property. The portion of the Nebraska Avenue and the alley
are undeveloped and will also be incorporated into the wastewater treatment plant
property.
September 19, 2000
C Street Vacation
Page 1 of 5
RIGHT-OF-WAY CONDITIONS
C Street
· Functional Classification Local Access
· Existing R-O-WWidth 30 feet
· Proposed R-O-W Width N/A
· Pavement Width 22 feet
· Surface Type Asphalt
· Curb and Gutter N/A
· Sidewalks N/A
Bay View Drive West
· Functional Classification Local Access
· Existing R-O-W Width 30 feet
· Proposed R-O-WWidth N/A
· Pavement Width 22 feet
· Surface Type Asphalt
· Curb and Gutter N/A
· Sidewalks N/A
Nebraska Avenue and the Alley are undeveloped.
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
These rights-of-way are not required for public use. Other than the single private
property located at the southeast corner of Oyster Bay Drive and C Street, the
proposed commercial project and the City.are the only users of this access. C
Street will be redeveloped as a private street as part of the construction of the
auto dealership. The City and the other adjacent residential property will
continue to have easement access across this private street. Easements have
already been reserved on C Street for all City utilities.
September 19, 2000
C Street Vacation
Page 2 of 5
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this improved right-of-way will reduce the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
The construction of SR 3 effectively made these dead end streets. No other
thoroughfare would improve circulation in ~his area.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The only anticipated use of this area is for local access to the proposed
development, to the treatment plant, and as a utility corridor.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
No objections have been received from any abutting property owners to date.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Puget Sound Energy must retain an
easement on "C" Street. All other private utilities have been abandoned in this area.
Utilities easements must also be reserved for the existing and future City water sewer
and storm utilities.
September 19, 2000
C Street Vacation
Page 3 of 5
SUFFICIENCY OF SIGNATURES
This is a City initiated vacation and does not require signatures.
COMPENSATION
This is a mix of Class II and Class III right-of-way. No compensation is proposed by staff
as this vacation has been initiated by the City of Bremerton Public Works Department.
However, the Parr Auto Group has provided compensation for their portion of the C
Street right-of-way by constructing street improvements beyond the minimum required
for that project. These improvements include reconstruction of Oyster Bay Avenue and
additional curb and gutter and sidewalk to be constructed north of the project area on
Oyster Bay Avenue.
STAFF COMMENTS
No comments were received from Police or Community Development staff.
The Fire Department requires that Fire Department Access shall be maintained per the
Uniform Fire Code and Bremerton Roadway Standards. C Street shall be developed as
a private street and will provide adequate access.
Staff recommends that this Street Vacation be approved as requested with the
following Conditions of Approval:
1. The City will retain an access easement across the entire length of C Street
in addition to the existing utility easements in the street.
2. An access easement will be retained across the west end of C street for the
existing property located at the southeast corner of Oyster Bay Drive and C
Street. The easement will end at the east end of said property.
3. An electrical power easement is retained for existing facilities owned and
operated by Puget Sound Energy.
September 19, 2000
C Street Vacation
Page 4 of 5
SCALE Cl'f'¥ OF BREMERTON VICINITY MAP
HORIZ. N.T.S. DEPARTMENT OF PUBUC WORK8
& UTIUTIE8
PLOT 1:1 ENGINEERING DIVISION
DRAWING NO. DRAWN BY: S.J. DESIGN BY:, CHECKED BY: SHEET
VICINITY.DWG DATE 1/97 DATE DATE 1 OF 1
0~6-00
004-00
Iooz-oo f I o~71oo
I I
005 002
~-00
004 ~/~
/ 32
00~ '
009-00 /
I !30
2~
/
8 II 28
/
/
qb / 26
I 24
//
5 /
/ L_
/
/
/
/
26, 2000
Randy Win, P.E.
City Engineer
Department of Public Works and L~ilities
Randy
I am writing to you to confirm my support of the vacation of"C" Street by :he City of Breraenon. This
vacation will benefit the Cid' and the Parr Ford development.
Parr Ford w~ll be responsible tbr the maJnt~mce and the upgrading of~h~ street, therefore reducing the City's
expense and rcsponaibiIity. Rod arm Linda lhu'r will grant the
City ~w~r ~lant property as ncc~le.d. Rod and Lind~ P~rr will also grant .Mrs~ K~tehurr. art en~a-nent to use the
street to s~,ccss her prop~ty as ne~led during her
W~ look forward to the vacation of"C" Street and its $ubs~uent improwm~nts.
Si??.,._.cLX.. ..... ,,' ...........
(/ .,,/' ~.: .... /
5101 Kean Street · Bremerton, WA 98312, (360) 479-I 353 · "i"bll Free 1-800-434-PARR
(7277)
E-Maih 8sK.us@parrauto,com · Internet Address: www. parraL~to.oom
AGENDA BILL
BREMERTON CITY COUNCIl,
1. SUBJECT: ORDINANCE # , FOR AGENDA OF: October 25, 2000
VACATING PORTIONS OF COTTMAN ORIGINATING DEPT: PW&U Engineering Div.
AVENUE AND PERRY STREET ORIGINATOR: W. Eugene Sampley, Director, PV/&tkU
DATE SUBMITTED: October 16, 2000
.... .,.:2 ....
2. CLEARANCES: (comment on ba~~) ,-"l 3. EXI-11IIITS
Director, Public Works/Utilities ~ Z~--,~ A. Ordinance #.
City Attorney ·
Site
Map.
.Dir-~tor-,,Commtmity Development "- '~.,~~;~-- . C. StaffReport.
Council Budget & Finance Committe~"--- _ ~,. _2.~ .,~ .
Operations Comrmttee ,~
ENDORSElVI~ X INFQ~TION APPROVED BY COUNCIL PRI~SIDENT FOR SUBMITTAL:
MAYOR~--'qfl- ~/'N COUNCIL PRESIDENT ~ ~
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
The City has received a petition from Charles and Joanne Haselwood to vacate Cottman Avenue and Perry
Street located west of Oyster Bay. A hearing date of October 25, 2000 was set by City Council on September
27, 2000. Posting of the hearing notices and mailings to the adjacent property owners have been completed in
accordance with State law and Bremerton Municipal Code. Most of this fight-of-way is undeveloped with a
portion of Cottman Avenue being used as a gravel access way. A private street will be improved that will
provide access to the property owners that abut this fight-of-way, and access easements will be ~anted.
Specific items for City Council consideration are outlined in the Staff Report. The request before the Citv Council
is to approve, disapprove, or modify this vacation of portions of Cottman Avenue and Perry Street.
8. RECOMMENDATION:
A. Motion to approve the attached Ordinance, vacating portions of Cottman Avenue and Perry Street, on first
reading.
B. Motion to pass Ordinance # , vacating portions of Cottman Avenue and Perry Street, on second
reading.
9. RESPONSIBLE OFFICIAL: City. Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OFACTION
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE DATE:
11. AGENDA BILL NO: 00 - ~3 ?
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The street will remain right-of-way, which may restrict development of the area.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation of Public Rights-of-Way
RCW 35.79 Streets
ab, Agenda Bills 2000, Cottman and Perry Street Vacation
Filed for Record at Request of:
When Recorded Return to:
Name: Bremerton City_ Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Ordinance No.
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: City of Bremerton
Grantee's Name: Not Applicable
Tax Parcel #: Not Applicable.
Abbreviated Legal Description: THAT PORTION OF THE PLAT OF OLE
HANSON'S NAVY YARD ADDITION, AS
RECORDED IN VOLUME 4 OF PLATS, PAGE 56,
RECORDS OF KITSAP COUNTY, WASHINGTON,
SITUATE IN THE NE1/4, SE1/4, SECTION 21,
T.24N., R.1E., W.M., KITSAP COUNTY,
WASHINGTON.
ORDINANCE #
AN ORDINANCE Vacating a portion of Cottman Avenue and
Perry Street located west of Oyster Bay.
WHEREAS, Mr. Charles and Mrs. Joanne Haselwood have petitioned to vacate
this undeveloped right-of-way; and
WHEREAS, notice has been posted and published according to law; and
WHEREAS, the City Council finds that the portion of the right-of-way set forth
herein is not needed for present or future use and should be vacated to allow the
abutting property owners to maintain the parcel, now therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 1
Section 1. Vacation. The following rights-of-way are hereby vacated to the
adjoining property owners.
ALL THAT PORTION OF COTTMAN AVENUE, INCLUDING SUBSEQUENT
RIGHT-OF-WAY ACQUISTIONS, AS SHOWN ON THE PLAT OF OLE HANSON'S
NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE
56, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING NORTH OF THE
INTERSECTION OF WILSON BOULEVARD AND ROOSEVELT BOULEVARD.
ALL THAT PORTION OF PERRY STREET, INCLUDING SUBSEQUENT
RIGHT-OF-WAY ACQUISITIONS, AS SHOWN ON THE PLAT OF OLE HANSON'S
NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE
56, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING NORTHWESTERLY OF
ROOSEVELT BOULEVARD AND SOUTHEASTERLY OF THE EASTERLY
EXTENSION OF THE COMMON LOT LINE BETWEEN LOTS 11 AND 12, BLOCK 7,
SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION.
Section 2. Reservation of Easements.
a. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation and maintenance of a water line across and under the
following real property:
A 15 FOOT WIDE STRIP SITUATED WITHIN LOTS 3, 24, AND 25, BLOCK 5; LOT 12,
BLOCK 7; AND VACATED PERRY STREET, COTTMAN AVENUE AND DANIELS
AVENUE, ALL WITHIN OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT
RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY.
WASHINGTON, THE CENTERLINE OF SAID EASEMENT DESCRIBED AS
FOLLOWS:
COMMENCING AT THE THEORETICAL EAST QUARTER CORNER TO SECTION 21,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH O° 23' 21" WEST
ALONG THE CENTERLINE OF OYSTER BAY AVENUE 607.77 FEET; THENCE
NORTH 89° 36' 39" WEST 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF
OYSTER BAY AVENUE; THENCE CONTINUING NORTH 89° 36' 39" WEST 140.46
FEET TO THE NORTHEASTERLY RIGHT-OF-WAY OF PERRY STREET AND THE
POINT OF BEGINNING OF THIS CENTERLINE; THENCE CONTINUING NORTH 89°
36' 39" WEST 12.53 FEET; THENCE SOUTH 0° 23' 21" WEST 37.44 FEET; THENCE
NORTH 0° 23' 21" EAST 37.44 FEET; THENCE NORTH 89° 36' 39" WEST 10.18
FEET; THENCE NORTH 44° 36' 39" WEST 48.54 FEET; THENCE NORTH 0° 23' 21"
EAST 52.53 FEET; THENCE NORTH 44° 36' 39" WEST 106.36 FEET; THENCE
NORTH 89° 36' 39" WEST 45.57 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY
OF PERRY STREET AND THE POINT OF TERMINATION OF THIS CENTERLINE.
THE SIDELINES OF THIS EASEMENT AT EACH END SHALL BE LENGTHENED OR
SHORTENED, AS THE CASE MAY REQUIRE, SO THAT THEY TERMINATE AT THE
RiGHT-OF-WAY LINES OF PERRY STREET.
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 2
b. An easement is reserved for access purposes to each of the following tax parcel
lots;
A 25 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PLATTED LOT 18,
BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN
VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON;
THENCE NORTH 89° 36' 39" WEST ALONG THE EXTENSION OF THE NORTHERLY
LINE OF SAID LOT 18 A DISTANCE OF 20.00 FEET TO THE PLATTED
CENTERLINE OF COTTMAN AVENUE; THENCE SOUTH 0° 23' 21" WEST ALONG
SAID CENTERLINE 25.00 FEET TO THE POINT OF BEGINNING OF THIS
CENTERLINE; THENCE CONTINUING SOUTH 0° 23' 21" WEST ALONG SAID
CENTERLINE 250.00 FEET TO THE BEGINNING OF A 42.50 FOOT RADIUS CURVE;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
42° 36' 03" FOR AN ARC DISTANCE OF 31.60 FEET TO A POINT WHICH LIES 30
FEET NORTHEASTERLY OF THE PLATTED CENTERLINE OF PERRY STREET
AND THE POINT OF TERMINATION OF THIS CENTERLINE.
c. An easement is reserved for the operation of the City of Bremerton Wastewater
Treatment Plant located in the vicinity of the Property. Buyer is aware, and
acknowledges by acceptance of the Property, that the past operations of the
Wastewater Treatment Plant resulted in lawsuits filed by neighbors residing on
properties on or near the Property. Buyer, its successors and assigns, waive and
release the City, its employees, agents and contractors, or others acting in the lawful
operation of the Wastewater Treatment Plant, Collections System and Utility, from any
claims, damages or liability of any nature arising from said operations, whether said
claims are for actions in the past or occurring in the future.
Section 3. Effective date. This vacation shall become effective ten (10) days
from passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
,2000.
PASSED by the City Council of the City of Bremerton this day of
,2000.
CAROL ARENDS, Council President
APPROVED this day of ,2000.
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 3
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 4
North Line
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~ CONSULTANTS Sr~erton, WA,
STREET VACATION REQUEST
COTTMAN AVENUE AND PERRY AVENUE
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 25, 2000
PREPARED BY: Ned Lever
SUMMARY
A. Applicants: Charles and Joanne Haselwood
Location: Cottman Avenue and Perry Street located west of Oyster Bay
Avenue and between Roosevelt Blvd. And Haselwood Street
B. Attachments: Vicinity Map, Vacation Area Maps, Commitment Letter
BACKGROUND
The applicants have petitioned the City of Bremerton to vacate a portion of Cottman
Avenue and Perry Street that abuts their property (approximately 75,547 sf). There are
three other properties that abut this portion of the right-of-way that did not participate in
the application. The vacation will eliminate a piece of undeveloped right-of-way and will
increase the buildable area of the abutting properties through consolidation of the lots.
The right-of-way has been cleared in conjunction with the operation of a historical gravel
pit that adjoined it. The right-of-way provides easement access to the properties on
Cottman Avenue. For the most part the right-of-way is undeveloped, however a portion
of Cottman Avenue has been utilized as a gravel driveway. The properties that are
developed currently access Oyster Bay Road across the northerly adjacent property
then to the east via a private driveway. Future access is expected to continue to be
provided to these lots via their existing arrangements. In addition the applicant has
agreed to provide an access easement via a future private roadway (F Street) which will
be improved in conjunction with the right of-way vacation and across a portion of the
Cottman Avenue right-of-way for these other properties.
September 25, 2000
Cottman Avenue and Perry Street Vacation
Page 1 of 6
RIGHT-OF-WAY CONDITIONS
Cottman Avenue
· Functional Classification Local Access
· Existing R-O-W Width Varies from 40 to 60 feet
· Proposed R-O-W Width N/A
· Pavement Width N/A
· Surface Type N/A
· Curb and Gutter N/A
· Sidewalks N/A
Perry Street
· Functional Classification Local Access
· Existing R-O-W Width 50 feet
· Proposed R-O-W Width N/A
· Pavement Width N/A
· Surface Type N/A
· Curb and Gutter N/A
· Sidewalks N/A
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
These rights-of-way have not been utilized for public use. Other than the three
abutting properties on Cottman Avenue, the applicants will be the only users of
this access. A private road (F Street) is proposed to maintain the access to the
applicant's properties. An access easement for the future "F" Street will be
recorded in conjunction with this vacation and an access easement will be
retained across a portion of Cottman Avenue for other adjacent properties.
Maintenance of the private street will be the responsibility of the applicants. The
adjacent property owners will maintain the easement on Cottman Avenue.
September 25, 2000
Cottman Avenue and Perry Street Vacation
Page 2 of 6
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this right-of-way will reduce the City's future maintenance responsibility
in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
David I. Hamlin and Associates prepared a Traffic Impact Analysis for the new
Today Chevrolet Project and evaluated the need to maintain public right-of-ways
in the area. Specifically the report stated "The construction of "F" Street (and
subsequently Cottman Avenue) as a public right-of-way does not appear to be
necessary since the area is served by a series of private streets and the
connection of these private streets to a public right-of-way provides no significant
capacity or circulation improvements or advantages."
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The future construction of "F" Street will accommodate the future commercial
development of the adjacent properties.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
No objections have been received from any abutting property owners to date.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
September 25, 2000
Cottman Avenue and Perry Street Vacation
Page 3 of 6
UTILITIES
All private utility companies have been contacted. No private utilities are located within
the proposed vacation area. A utility easement must be dedicated across the existing
rights-of-way for the existing City water utility.
SUFFICIENCY OF SIGNATURES
The petition has been verified and more than two thirds of the abutting property owners
have signed the petition.
COMPENSATION
This is a Class III right-of-way. No compensation is required, however, the applicant has
committed to participate with the nearby Parr Ford project in construction of curb and
gutter, sidewalk, and storm drainage improvements on Oyster Bay Road. The letter of
commitment is attached.
STAFF COMMENTS
No comments were received from Police or Community Development staff.
The Fire Department requires that Fire Department Access shall be maintained per the
Uniform Fire Code and Bremerton Roadway Standards. F Street shall be developed as
a private street and will provide adequate access.
Staff recommends that this Street Vacation be approved as requested with the
following condition:
1. The Applicant must execute an access easement for the future F Street to
benefit to benefit those properties fronting on Cottman Avenue and not owned
by the Applicant.
September 25, 2000
Cottman Avenue and Perry Street Vacation
Page 4 of 6
Filed for Record at Request of:
When Recorded Return to:
Name: Bremerton City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Ordinance No.
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: City of Bremerton
Grantee's Name: Not Applicable
Tax Parcel #: Not Applicable.
Abbreviated Legal Description: THAT PORTION OF THE PLAT OF OLE
HANSON'S NAVY YARD ADDITION, AS
RECORDED IN VOLUME 4 OF PLATS, PAGE 56,
RECORDS OF KITSAP COUNTY, WASHINGTON,
SITUATE IN THE NE1/4, SE1/4, SECTION 21,
T.24N., R.1E., W.M., KITSAP COUNTY,
WASHINGTON.
ORDINANCE #
AN ORDINANCE Vacating a portion of Cottman Avenue and
Perry Street located west of Oyster Bay.
WHEREAS, Mr. Charles and Mrs. Joanne Haselwood have petitioned to vacate
this undeveloped right-of-way; and
WHEREAS, notice has been posted and published according to law; and
WHEREAS, the City Council finds that the portion of the right-of-way set forth
herein is not needed for present or future use and should be vacated to allow the
abutting property owners to maintain the parcel, now therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 1
Section 1. Vacation. The following rights-of-way are hereby vacated to the
adjoining property owners.
ALL THAT PORTION OF COTTMAN AVENUE, INCLUDING SUBSEQUENT
RIGHT-OF-WAY ACQUISTIONS, AS SHOWN ON THE PLAT OF OLE HANSON'S
NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE
56, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING NORTH OF THE
INTERSECTION OF WILSON BOULEVARD AND ROOSEVELT BOULEVARD.
ALL THAT PORTION OF PERRY STREET, INCLUDING SUBSEQUENT
RIGHT-OF-WAY ACQUISITIONS, AS SHOWN ON THE PLAT OF OLE HANSON'S
NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE
56, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING NORTHWESTERLY OF
ROOSEVELT BOULEVARD AND SOUTHEASTERLY OF THE EASTERLY
EXTENSION OF THE COMMON LOT LINE BETWEEN LOTS 11 AND 12, BLOCK 7,
SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION.
Section 2. Reservation of Easements.
a. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation and maintenance of a water line across and under the
following real property:
A 15 FOOT WIDE STRIP SITUATED WITHIN LOTS 3, 24, AND 25, BLOCK 5; LOT 12,
BLOCK 7; AND VACATED PERRY STREET, COTTMAN AVENUE AND DANIELS
AVENUE, ALL WITHIN OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT
RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY,
WASHINGTON, THE CENTERLINE OF SAID EASEMENT DESCRIBED AS
FOLLOWS:
COMMENCING AT THE THEORETICAL EAST QUARTER CORNER TO SECTION 21,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH O° 23' 21" WEST
ALONG THE CENTERLINE OF OYSTER BAY AVENUE 607.77 FEET; THENCE
NORTH 89° 36' 39" WEST 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF
OYSTER BAY AVENUE; THENCE CONTINUING NORTH 89° 36' 39" WEST 140.46
FEET TO THE NORTHEASTERLY RIGHT-OF-WAY OF PERRY STREET AND THE
POINT OF BEGINNING OF THIS CENTERLINE; THENCE CONTINUING NORTH 89°
36' 39" WEST 12.53 FEET; THENCE SOUTH 0° 23' 21" WEST 37.44 FEET; THENCE
NORTH 0° 23' 21" EAST 37.44 FEET; THENCE NORTH 89° 36' 39" WEST 10.18
FEET; THENCE NORTH 44° 36' 39" WEST 48.54 FEET; THENCE NORTH 0° 23' 21"
EAST 52.53 FEET; THENCE NORTH 44° 36' 39" WEST 106.36 FEET; THENCE
NORTH 89° 36' 39" WEST 45.57 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY
OF PERRY STREET AND THE POINT OF TERMINATION OF THIS CENTERLINE.
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 2
THE SIDELINES OF THIS EASEMENT AT EACH END SHALL BE LENGTHENED OR
SHORTENED, AS THE CASE MAY REQUIRE, SO THAT THEY TERMINATE AT THE
RiGHT-OF-WAY LINES OF PERRY STREET.
b. An easement is reserved for the benefit of all of the utility companies and for
access purposes to each of the following tax parcel lots:
TAX LOT 4546-005-015-0104 (ROSS)
LOTS 15, 16, 17 AND THE NORTH 25 FEET OF LOT 18, BLOCK 5, OLE HANSON'S
NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE
56, RECORDS OF KITSAP COUNTY, WASHINGTON.
TAX LOT 4546-005-018-0002 (HASELWOOD)
LOT 18, EXCEPT THE NORTH 25 FEET, AND LOTS 19 AND 20, BLOCK 5, OLE
HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF
PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON.
TAX LOT 4546-005-021-0007 (ROSS)
LOTS 21 AND 22, BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT
RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY,
WASHINGTON.
TAX LOT 4546-005-023-0005 (JARSTAD)
LOTS 23 AND 24, BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT
RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY,
WASHINGTON.
TAX LOT 4546-006-001-0207 (HASELWOOD)
THAT PORTION OF BLOCKS 6, 7, 13 AND 14, AND OF VACATED WILSON
BOULEVARD, DANIELS AVENUE AND PERRY STREET, PLAT OF OLE HANSON'S
NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE
56, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE THEORETICAL EAST QUARTER CORNER TO SECTION 21,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH 89° 32' 19" WEST
ALONG THE NORTH LINE OF SAID OLE HANSON'S NAVY YARD ADDITION, BEING
THE EAST-WEST CENTER-OF-SECTION LINE, 280.02 FEET TO A POINT WHICH
LIES 30 FEET WESTERLY OF THE CENTERLINE OF COTTMAN AVENUE AND
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 3
BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89° 32' 19"
WEST 429.34 FEET TO A POINT WHICH LIES 0.7 FEET EAST OF THE PLATTED
RIGHT-OF-WAY OF LANSING AVENUE; THENCE SOUTH 0° 23' 21" WEST ALONG
A LINE PARALLEL WITH SAID RIGHT-OF-WAY A DISTANCE OF 442.69 FEET;
THENCE SOUTH 89° 36' 39" EAST A DISTANCE OF 366.91 FEET TO A POINT
WHICH LIES 30 FEET SOUTHWESTERLY FROM THE CENTERLINE OF PERRY
STREET; THENCE NORTH 32° 36' 39" WEST ALONG A LINE PARALLEL WITH AND
30 FEET SOUTHWESTERLY OF THE CENTERLINE OF PERRY STREET 46.45
FEET TO A POINT ON THE COMMON LINE BETWEEN LOTS 11 AND 12, BLOCK 7,
SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION; THENCE SOUTH 89° 36'
39" EAST ALONG SAID LINE AND ITS EASTERLY EXTENSION 59.62 FEET TO THE
EASTERLY MARGIN OF PERRY STREET; THENCE SOUTH 32° 36' 39" EAST
ALONG SAID MARGIN 29.39 FEET TO THE BEGINNING OF A 12 FOOT RADIUS
CURVE; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL
ANGEL OF 147° 00' 00" FOR AN ARC DISTANCE OF 30.79 FEET TO THE
WESTERLY MARGIN OF COTTMAN AVENUE; THENCE NORTH 0° 23' 22" EAST
ALONG SAID MARGIN 190.33 FEET TO THE NORTHEAST CORNER OF LOT 3,
BLOCK 6, SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION; THENCE NORTH
89° 36' 39" WEST ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 10.00
FEET; THENCE NORTH 0° 23' 21" EAST ALONG A LINE PARALLEL WITH AND 30
FEET WEST OF THE CENTERLINE OF COTTMAN AVENUE 237.91 FEET TO THE
POINT OF BEGINNING;
EXCEPT THE NORTH 91.00 FEET;
AND EXCEPT THE EAST 10 FEET OF LOTS 1 THROUGH 3, INCLUSIVE, BLOCK 6,
OF SAID PLAT.
TAX LOT 4546-006-006-0004 (HASELWOOD)
THE NORTH 91.00 FEET OF BLOCK 6, OLE HANSON'S NAVY YARD ADDITION, AS
PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP
COUNTY, WASHINGTON;
EXCEPT THE EAST 10 FEET;
TOGETHER WITH THE EAST 20 FEET OF VACATED DANIELS AVENUE, WHICH
ADJOINS.
TAX LOT 4546-007-0001-0106
BLOCK 7, PLAT OF OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT
RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY,
WASHINGTON;
TOGETHER WITH VACATED WILSON BOULEVARD;
EXCEPT THE EAST 10 FEET OF LOTS 1 THROUGH 10, INCLUSIVE;
AND EXCEPT THE SOUTHWESTERLY 10 FEET OF LOTS 1,2 AND 3;
AND EXCEPT THE NORTHEASTERLY 10 FEET OF LOT 12;
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 4
AN EXCEPT ANY PORTION LYING WEST OF A LINE PARALLEL WITH AND 290.7
FEET EAST OF THE PLATTED CENTERLINE OF LANSING AVENUE;
AND EXCEPT ANY PORTION LYING NORTH OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE THEORETICAL EAST QUARTER CORNER TO SECTION 21,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH 89° 32' 19" WEST
ALONG THE NORTH LINE OF SAID OLE HANSON'S NAVY YARD ADDITION, BEING
THE EAST-WEST CENTER-OF-SECTION LINE, 280.02 FEET TO A POINT WHICH
LES 30 FEET WESTERLY OF THE CENTERLINE OF COTTMAN AVENUE; THENCE
CONTINUING SOUTH 89° 32' 19" WEST 429.34 FEET TO A POINT WHICH LIES 0.7
FEET EAST OF THE PLATTED RIGHT-OF-WAY OF LANSING AVENUE; THENCE
SOUTH 0° 23' 21" WEST ALONG A LINE PARALLEL WITH SAID RIGHT-OF-WAY A
DISTANCE OF 442.69 FEET TO THE POINT OF BEGINNING OF THIS LINE;
THENCE SOUTH 89° 36' 39" EAST A DISTANCE OF 366.91 FEET TO A POINT
WHICH LIES 30 FEET SOUTHWESTERLY FROM THE CENTERLINE OF PERRY
STREET AND THE POINT OF TERMINATION OF THIS LINE.
The access easement is described as follows:
A 25 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PLATTED LOT 18,
BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN
VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON;
THENCE NORTH 89° 36' 39" WEST ALONG THE EXTENSION OF THE NORTHERLY
LINE OF SAID LOT 18 A DISTANCE OF 20.00 FEET TO THE PLATTED
CENTERLINE OF COTTMAN AVENUE; THENCE SOUTH 0° 23' 21" WEST ALONG
SAID CENTERLINE 25.00 FEET TO THE POINT OF BEGINNING OF THIS
CENTERLINE; THENCE CONTINUING SOUTH 0° 23' 21" WEST ALONG SAID
CENTERLINE 250.00 FEET TO THE BEGINNING OF A 42.50 FOOT RADIUS CURVE;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
42° 36' 03" FOR AN ARC DISTANCE OF 31.60 FEET TO A POINT WHICH LIES 30
FEET NORTHEASTERLY OF THE PLATTED CENTERLINE OF PERRY STREET
AND THE POINT OF TERMINATION OF THIS CENTERLINE.
c. An easement is reserved for the operation of the City of Bremerton Wastewater
Treatment Plant located in the vicinity of the Property. Buyer is aware, and
acknowledges by acceptance of the Property, that the past operations of the
Wastewater Treatment Plant resulted in lawsuits filed by neighbors residing on
properties on or near the Property. Buyer, its successors and assigns, waive and
release the City, its employees, agents and contractors, or others acting in the lawful
operation of the Wastewater Treatment Plant, Collections System and Utility, from any
claims, damages or liability of any nature arising from said operations, whether said
claims are for actions in the past or occurring in the future.
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 5
Section 3. Effective date. This vacation shall become effective ten (10) days
from passage and publication,
APPROVED by the City Council of the City of Bremerton this day of
,2000.
PASSED by the City Council of the City of Bremerton this day of
,2000.
CAROL ARENDS, Council President
APPROVED this day of ,2000.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
Ordinance Vacating Portions of Cottman Avenue and Perry Street
Page 6
North Line
Ole Hanson's Navy
Yard Addition
N 89'J2'Ig"E Vol. 4 Pg. 55
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~ AE S EXHIBIT MAP °~"Y: c'~'"¥:'
,.a~~ ROADS TO BE VACATED R.L.J. S.E.O.
~ CONSULTANTS Bremerton, WA. DATE: JOB No,
----~,.o. ~ ~o. s~,~ ~. (~)~,-~.~ For: H.M.I. $~19~99 2375
STREET VACATION REQUEST
COTTMAN AVENUE AND PERRY AVENUE
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 25, 2000
PREPARED BY: Ned Lever
SUMMARY
A. Applicants: Charles and Joanne Haselwood
Location: Cottman Avenue and Perry Street located west of Oyster Bay
Avenue and between Roosevelt Blvd. And Haselwood Street
E~. Attachments: Vicinity Map, Vacation Area Maps, Commitment Letter
BACKGROUND
The applicants have petitioned the City of I~remerton to vacate a portion of Cottman
Avenue and Perry Street that abuts their property (approximately 75,547 sf). There are
three other properties that abut this portion of the right-of-way that did not participate in
the application. The vacation will eliminate a piece of undeveloped right-of-way and will
increase the buildable area of the abutting properties through consolidation of the lots.
The right-of-way has been cleared in conjunction with the operation of a historical gravel
pit that adjoined it. The right-of-way provides easement access to the properties on
Cottman Avenue. For the most part the right-of-way is undeveloped, however a portion
of Cottman Avenue has been utilized as a gravel driveway. The properties that are
developed currently access Oyster Bay Road across the northerly adjacent property
then to the east via a private driveway. Future access is expected to continue to be
provided to these lots via their existing arrangements. In addition the applicant has
agreed to provide an access easement via a future private roadway (F Street) which will
be improved in conjunction with the right of-way vacation and across a portion of the
Cottman Avenue right-of-way for these other properties.
September 25, 2000
Cottman Avenue and Perry Street Vacation
Page 1 of 6
RIGHT-OF-WAY CONDITIONS
Cottman Avenue
· Functional Classification Local Access
· Existing R-O-W Width Varies from 40 to 60 feet
· Proposed R-O-W Width N/A
· Pavement Width N/A
· Surface Type N/A
· Curb and Gutter N/A
· Sidewalks N/A
Perry Street
· Functional Classification Local Access
· Existing R-O-WWidth 50 feet
· Proposed R-O-W Width N/A
· Pavement Width N/A
· Surface Type N/A
· Curb and Gutter N/A
· Sidewalks N/A
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
These rights-of-way have not been utilized for public use. Other than the three
abutting properties on Cottman Avenue, the applicants will be the only users of
this access. A private road (F Street) is proposed to maintain the access to the
applicant's properties. An access easement for the future "F" Street will be
recorded in conjunction with this vacation and an access easement will be
retained across a portion of Cottman Avenue for other adjacent properties.
Maintenance of the private street will be the responsibility of the applicants. The
adjacent property owners will maintain the easement on Cottman Avenue.
September 25, 2000
Cottman Avenue and Perry Street Vacation
Page 2 of 6
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan,
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this right-of-way will reduce the City's future maintenance responsibility
in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
David I. Hamlin and Associates prepared a Traffic Impact Analysis for the new
Today Chevrolet Project and evaluated the need to maintain public right-of-ways
in the area. Specifically the report stated "The construction of "F" Street (and
subsequently Cottman Avenue) as a public right-of-way does not appear to be
necessary since the area is served by a series of private streets and the
connection of these private streets to a public right-of-way provides no significant
capacity or circulation improvements or advantages."
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The future construction of "F" Street will accommodate the future commercial
development of the adjacent properties.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
No objections have been received from any abutting property owners to date.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
September 25, 2000
Cottman Avenue and Perry Street Vacation
Page 3 of 6
UTILITIES
All private utility companies have been contacted. No private utilities are located within
the proposed vacation area. A utility easement must be dedicated across the existing
rights-of-way for the existing City water utility.
SUFFICIENCY OF SIGNATURES
The petition has been verified and more than two thirds of the abutting property owners
have signed the petition.
COMPENSATION
This is a Class III right-of-way. No compensation is required, however, the applicant has
committed to participate with the nearby Parr Ford project in construction of curb and
gutter, sidewalk, and storm drainage improvements on Oyster Bay Road. The letter of
commitment is attached.
STAFF COMMENTS
No comments were received from Police or Community Development staff.
The Fire Department requires that Fire Department Access shall be maintained per the
Uniform Fire Code and Bremerton Roadway Standards. F Street shall be developed as
a private street and will provide adequate access.
Staff recommends that this Street Vacation be approved as requested with the
following condition:
1. The Applicant must execute an access easement for the future F Street to
benefit to benefit those properties fronting on Cottman Avenue and not owned
by the Applicant.
September 25, 2000
Cottman Avenue and Perry Street Vacation
Page 4 of 6
COTTMAN AVENUE AND PERRY STREET
RIGHT-OF-WAY VACATION APPLICATION
EXHIBIT 'B'
EME
Kitsap ~.
Right-of-Way.
to be Vacated
Bay Ave.
VICINITY PLAN
NO SCALE
North Line j
Ole Hanson's Navy
Yard Addition
N 89'J2'I9"E VoL 4 Pg. 56
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~O~DS TO BE WC~ R.L.U.
~-~ CONSULTANTS Bremerton. WA. 0A~: JOB No.
~ ~,.0. ~ ,~. ~ ,~ ~- (~a-~ For: H.M.I. J/19/99 2,775
Rod Parr
Parr' Auto Group
5102[ Auto Center Bird,
Bremerton, WA, 98312
Dear .Ma'. Parr,
tn compliance with the CiTy of Bremerton, Charles and goanne Haselwood will share in
'the costs and expenses not to exceed $48.,000.00 for the improt~ emcnts of Oyster 'Bas'
Street. This amount is contingent on thc fulfillment of three oonditions:
I. The City of Bremerton approves the v~cation oi'Ccttman and Pert3'
Streets
2. The City of Bremerton approves the privatLzation off Street.
3. That Kod Parr completes the improvements to Oyster Bay Street
outlined by the City of Brcmerton,
We are willing to s~e the project go forward and financiaI!y assist to a maximum of
$48:000.00 and only if the three conditions listed are met,
Sincerely,
c.c, Ned Lever P.E,
Dep~rtment of Public Works &U~ilities