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HomeMy WebLinkAbout12/06/00 AGENDA CITY COUNCIL MEETING AGENDA DECEMBER 6, 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 A. Minutes of Meeting - November 15, 2000 (#AB00-269) B. Minutes of Meeting - November 21, 2000 (#AB00-270) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Monitoring and Maintenance of Alarm and Fire Suppression Equipment (#AB00-271) B. Approve Contract for Employment of Special Counsel to the City Council pursuant to Section 25 of the City Charter, and Attendant Budget Adjustment Organization Chart (#AB00-282) 10. RESOLUTIONS A. Resolution No. 2783 Authorizing an Inter-Fund Loan from the Equipment Rental Fund to the Park Development Fund and Repealing Resolution No. 2743 (#AB00-272) B. Resolution No. 2784 Re-Authorizing an Inter-Fund Loan from the Water Fund to the Wastewater Fund (#AB00-273) 11. PUBLIC HEARINGS A. Ordinance No. 4737 (Second Reading) Reducing Mayor's Spending Authority (#AB00- 264) B. Ordinance No. 4738 (Second Reading) Vacating a Portion of "O" Street (#AB00-265) C. Ordinance No. 4739 (Second Reading) Regarding Annexation of the Real Property Described within the Adopted Port Blakely Sub-Area Plan (#AB00-266) D. Ordinance No. 4740 (Second Reading) Regarding Adoption of Initial Development Agreement for the Property Commonly known as the Port Blakely Sub-Area Plan, which establishes a Mixed Use District (MXD) Zoning Classification for the Property upon Annexation (#AB00-267) CONTINTUED ON BACK .... E. Ordinance (First Reading) Repealing Chapter 3.29 of the Municipal Code relating to the Employee Medical Insurance Reserve Fund ((#AB00-274) F. Ordinance (First Reading) Amending Chapter 3.26 of the Municipal Code Relating to the Gift & Donation Fund (#AB00-275) G. Ordinance (First Reading) Repealing Chapter 3.22 and 3.23 of the Municipal Code Relating to the Park & Recreation Facility Development Fund and Roosevelt Capital Assets Funds (#AB00-276) H. Ordinance (First Reading) Establishing the Park Development Fund (#AB00-277) I. Ordinance (First Reading) Reducing the B & O Tax on Garbage and Refuse Business (#AB00-278) ,?//~rdinance (First Reading)Amending ees, and Charges Effective January Municipal1, 200~ (#AB00-279)Code 15.06 S~~ Assessments, K. Ordinance (First Reading) Adopting the 2001-2002 Biennial Budget (#AB00-280) L. Ordinance (First Reading) Amending the 2000 Budget (#AB00-281) 12. ADJOURNMENT OF MEETING THE CITY COUNCIL WILL ADJOURN TO THE CONFERENCE ROOM FOR THEIR MONTHLY STUDY SESSION IMMEDIATELY FOLLOWING THIS MEETING. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: DECEMBER 6, 2000 ORIGINATING DEPT: CITY COUNCI L MINUTES OFMEETING- NOVEMBER 15, 2000 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: NOVEMBER 22, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED AMENDA COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: ~i~ ..- ~ (¢ C~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1732 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES November 15, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, November 15, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed by the invocation given by Mr. Nick Sweeney, Principal of Kings West School President Arends made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; followed by a 15-minute Executive Session to discuss a "Review of Personnel Performance". CONSENT AGENDA A. Rejection of City Attorney's Resignation; and Acceptance of Withdrawal of Resignation {#AB00- 256) #0025 M/S/C/U (Shepherd/OIsen) Move to reject the City Attorney's November 1, 2000 resignation; and move to accept the City Attorney's November 9, 2000 withdrawal of resignation. Vote in favor of this motion: Olsen, McConnell, Law, Rollman, Shepherd, Esser, and Reed Abstained: Farr and Arends Motion carried: 7-Yes; and 2-Abstentions CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0090 M/S/C/U (Law/McConnell) On November 15, 2000, the Council does approve for payment those vouchers included and further described as follows: 246764 through 246943 in the amount of $213,452.02. Mike Shepherd was not available for this vote; returned to the meeting at approximately 5:44 P.M. COUNCIL MEMBER REPORTS John Law announced the next District 3 Meeting would be held Tuesday, November 21, beginning at 7:00 P.M. at the Senior Center located at 13th & Nipsic to discuss the acquisition of "East Park". Ed Rollman noted that politicians are often criticized, and it is not an easy job... Mike She_oherd announced the District 5 Meeting would be Thursday, November 16, at the Memorial Lutheran Church beginning at 6:30 P.M. with Gall Hiestand of the Kitsap County Division of Aging. President Arends mentioned there would be another concert at Collective Visions this Friday night. MAYOR'S REPORT - There was no report this evening. TAPE #1732 City Council Reg. Mtg. Minutes November 15, 2000 Page 2 of 5 LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Louis Mentor complimented each of the Council members for hosting informative debates on the "Proposed Change in the Form of Government" initiative at their District meetings, and offered a suggestion that a "City Administrator" be considered as an alternative solution. 9A - APPOINTMENT OF MICKEY L. CARPENTER TO THE CIVIL SERVICE COMMISSION ~..~).~,.,'~: Mayor Horton provided comments to support her recommendation for Mickey L. Carpenter to fill a current vacancy on the Civil Service Commission. There were no comments from the public. #0490 M/S/C/U (Farr/McConnell) Move to confirm the appointment of Mickey L. Carpenter to the Civil Service Commission. 9B - CONTRACT BID FOR MOBILE COMPUTER TERMINALS (MCT'S) (#AB00-253): Bill Eley, Information Services & Purchasing Manager, presented this item in the absence of Captain Ron Mox of the Police Department, who originated the item. It was stated that Datec, Inc. was the lowest bidder for the 24 mobile computer terminals (MCT's) in the amount of $132,743.95, including tax. There were no comments from the public. #0675 M/S/C/U (Shepherd/Reed) Move to accept the proposal by Datec, Inc. being the Iow responsive bid received in the amount of $132,743.95, including Washington State sales tax, for 24 units with optional docking stations. #0685 M/S/C/U (Shepherd/Reed) Move that Council approve Budget Adjustment 00-30. 9C - BID AWARD FOR GOLD MOUNTAIN GOLF COURSE CLUBHOUSE (#AB00-255) Pat Westhoff, Golf Operations, stated that 12 bids were opened on October 30, 2000, with Porter Brothers Construction of Edgewood, Washington as the lowest responsive bidder. The base bid of $2,736,500 was reduced to a final bid of $2,688,413 after deduction of alternates #2, ~4, and #6. The Clubhouse Project would be incorporated into the 2001-2002 Biennial Budget, and an Ordinance authorizing the issuance of bonds will be brought for Council's consideration in January 2001. No tax dollars are required to support this project, and all funds for construction of the Clubhouse are to be generated from user fees paid by Gold Mountain patrons. There were no comments from the public. Several Council members made comments in support of this project. #0958 M/S/C/U (McConnell/Reed) Move to authorize and direct the Mayor to execute the contract for the Gold Mountain Clubhouse project with Porter Brothers Construction, for the Lump Sum Base Bid and deductive alternates #2, #4, and ~6, in the total amount of $2,688,413, subject to City Administrative Policies & Procedures. 10A - ORDINANCE NO. 4736 (SECOND READING). RELATING TO THE ESTABLISHMENT OF ON-STREET PAID PARKING ON FIFTH STREET IN THE DOWNTOWN CORE (#AB00-249): First reading of this ordinance was heard at the Council Meeting on November 8, 2000. There were no comments from the public. TAPE #1732 City Council Reg. Mtg. Minutes November 15, 2000 Page 3 of 5 #0998 M/S/C/U (Rollman/Shepherd) Move to pass Ordinance No. 4736 relating to the establishment of on-street paid parking on the 500 block of Fifth Street. 10B - ORDINANCE NOS. 4728. 4729. 4730. 4731. 4732. 4733. 4734. and 4735 (SECOND READINGS) REAFFIRMING AND REENACTING ORDINANCE NOS. 4674. 4675. 4677. 4678, 4679. 4680. 4684, and 4685. IN RESPONSE TO PASSAGE OF 1-722 (#AB00-250): First readings for these ordinances were presented at the Council meeting on November 8, 2000. There were no comments from the public on Ordinance No. 4728. #1063 M/S/C/U (McConnell/Olsen) Move to pass Ordinance No. 4728 on second reading an ordinance reaffirming and reenacting Ordinance No. 4674 establishing greens fees for the Gold Mountain Golf Course Complex and repealing Resolution No's 2657 and 2684. There were no comments from the public on Ordinance No. 4729. Mr. Law commented that this ordinance was not related to 1-695, but was required to protect bonds issued by the City. Mr. Reed asked that Council revisit these fee increases in the future. Ms. Malan~a stated that she is reviewing each of the ordinances, and the automatic increases. #1118 M/S/C/U (Law/Reed) Move to pass Ordinance No. 4729 on second reading reaffirming and reenacting Ordinance No. 4675 amending assessments, rates, fees and charges for municipal water, wastewater and stormwater services; and amending Chapter 15.08 of the Bremerton Municipal Code and Ordinance No. 4642. There were no comments from the public on Ordinance No. 4730. #1251 M/S/C (FardOIsen) Move to pass Ordinance No. 4730 on second reading reaffirming and reenacting Ordinance No. 4677 establishing rates and fees for all municipal licenses, permits, assessments, charges, user fees, parking fines and creating a new Chapter 3.01 Rates and Fees of the Bremerton Municipal Code and repealing Ordinance No's 4651 and 4665 and Resolution No's 1924, 2239, 2242, 2247, 2248, 2250, 2368, 2384, 2425, 2484,2487, 2501, 2506, 2551, 2591, 2653, 2659, 2683 and amending Resolution No's 2367 and 2679, and amending Chapter1.12, 2.62, 5.02, 5.03, 5.88, 10.08, and 10.11 of the Bremerton Municipal Code. Voted in favor of this motion: Rollman, Shepherd, Farr, Esser, Reed, and Arends Voted opposed to this motion: Olsen, McConnell, and Law Motion carried: 6-Yes; 3-No. There were no comments from the public on Ordinance No. 4731. #1284 M/S/C (Reed/Esser) Move to pass Ordinance No. 4731 on second reading reaffirming and reenacting Ordinance No. 4678 establishing cost recovery of subsidized costs from non-city residents utilizing specified city services and amending Chapter 3.01 of the Bremerton Municipal Code. Voted in favor of this motion: Rollman, Shepherd, Farr, Esser, Reed, and Arends Voted opposed to this motion: McConnell, Law, and Olsen Motion carried: 6-Yes; 3-No. There were no comments from the public on Ordinance No. 4732. TAPE #1732 City Council Reg. Mtg. Minutes November 15, 2000 Page 4 of 5 #1315 M/SIC (Reed/Esser) Move to pass Ordinance No. 4732 on second reading reaffirming and reenacting Ordinance No. 4679 imposing a commercial parking tax; and adding a new chapter to Title 3 of the Bremerton Municipal Code. Voted in favor of this motion: Rollman, Shepherd, Farr, Esser, Reed, and Arends Voted opposed to this motion: Law, Olsen, and McConnell Motion carried: 6-Yes; 3-No. There were no comments from the public on Ordinance No. 4733. #1350 M/SIC (Reed/Esser) Move to pass Ordinance No. 4733 on second reading reaffirming and reenacting Ordinance No. 4680 amending maximum penalties for misdemeanors and civil infractions and amending Chapters 1.12, 2.96, 3.44, 3.64, 3.72, 5.48, 5.54, 5.84, 6.04, 6.28, 7.05, 9.06, 9.08, 9.14, 9.18, 9.29, 9.37, 9.39, 10.14, 10.12, 10.16, 11.08, 13.04, 17.56, 21.02 of the Bremerton Municipal Code. Voted in favor of this motion: Rollman, Shepherd, Farr, Esser, Reed, Law, and Arends Voted opposed to this motion: Olsen and McConnell Motion carried: 7-Yes; 2-No. There were no comments from the public on Ordinance No. 4734. #1375 MISICIU (Reed/Olsen) Move to pass Ordinance No. 4734 on second reading reaffirming and reenacting Ordinance No. 4684 establishing a program for elimination of improper stormwater inflow to the wastewater system and amending Chapter 15.01 General Provision, 15.04 Stormwater; 15.06 Assessments, Rates, Fees, and Charges and 11.02 Right of Way Use. There were no comments from the public on Ordinance No. 4735. #1415 MISICIU (FardMcConnell) Move to pass Ordinance No. 4735 on second reading reaffirming and reenacting Ordinance No. 4685 establishing rates for inappropriate stormwater inflow to the wastewater system by amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance No. 4675. 10C - PUBLIC HEARING ON YEAR 2001-2002 BIENNIAL BUDGET (#AB00-254} Mayor Horton and Rich Hanna City Treasurer, provided comments on the proposed 2001-2002 biennial budget, and it was noted that this Public Hearing meets the State Statute requirement that the City hold a public hearing regarding the proposed budget. Supporters for several non-profit groups offered comments in support of their organizations. No Council action is required. With no further business, meeting concluded at 7:32 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: DECEMBER 6, 2000 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING -- NOVEMBER 21, 2000 ORIGINATOR: CAROL ARENDS, PRES I DENT DATE SUBMITTED: NOVEMBER 27, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: ~'~,~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED ~ AM ~II~D ~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: ~? ~')'- ~ 7 ~ 7 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1733 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES Tuesday, November 21,2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Tuesday, November 21, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, John Law, Cecil McConnell, and Wayne Olsen. Council member Ed Rollman was absent. Also present were City Attorney Glenna Malanca; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed by the invocation given by Reverend Richard Andrus, of Memorial Lutheran Church. President Arends made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; and (2) Council will participate in a Joint Study Session with the Planning Commission on Monday, November 27, 2000 from 6:30 to 9:30 P.M. CONSENT AGENDA A. Minutes of Meeting- November 1, 2000 (#AB00-257) B. Professional Services Agreement with Lane, Powell, Spears & Lubersky; and Budget Adjustment No. 00-31 (#AB00-260) #0075 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. Voted in favor of motion: Olsen, McConnell, Law, Shepherd, Esser, Reed, and Arends Abstained: Farr Motion carried: 7-Yes; 1-Abstention. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0100 M/S/C/U (Law/McConnell) On November 21, 2000, the Council does approve for payment those vouchers included and further described as follows: 246956 through 247124 in the amount of $250,949.38; and Regular Payroll for the period ending November 15, 2000 in the amount of $775,961.47. COUNCIL MEMBER REPORTS Conrad E~ser wished everyone a Happy Thanksgiving, and reminded the public to drive safely. Mike She_~herd congratulated the Council on a productive series of Budget Study Sessions, which have been held over the last several weeks; and reported on the District 5 meeting held last week. John Law reminded citizens that a District 3 meeting would be held this evening at 7:30 P.M. President Arends wished Council member Ed Rollman a speedy recovery, and also wished everyone a Happy Thanksgiving. MAYOR'S REPORT - There was no report this evening. TAPE #1733 City Council Reg. Mtg. Minutes November 21, 2000 Page 2 of 2 LEGISLATIVE REPORT It was reported that concerns raised by Admiral Ross regarding the Street Vacation of Cottman Avenue have all been addressed by the City, and Mr. Ross is now satisfied. PUBLIC RECOGNITION Carol Atkinson of Bremerton Main Street Association reported that Santa Clause would arrive in front of City Hall by a Fire Truck next Friday at 6:00 P.M. 9A - DIRECTOR OF BUILDING & PLANNING EMPLOYMENT-CONTRACT FOR CHRISTOPHER R, HUGO ~_#AB00-258): Mayor Lynn Horton emphasized that based on Mr. Hugo's qualifications, she highly recommends his appointment as the Director of Building & Planning. The City of Spokane has employed Mr. Hugo since 1979 in the Planning Services Department as Program Manager in Neighborhood Planning, Current Planning, and Growth Planning. It was announced that Mr. Hugo was due to arrive in Bremerton on November 30, 2000. Mr. Shepherd asked that an invitation be extended to Mr. Hugo to attend one of the several important events related to planning issues that are planned prior to November 30th. Mayor Horton replied that Mr. Hugo may not be able to arrive before the planned date on the 30th, but she would certainly extend the invitations. There were no comments from the public. #0425 MISlCIU (McConnell/OIsen) Move to confirm the appointment of Christopher R. Hugo as Director of Building & Planning. 10A- RESOLUTION NO. 2782. ENDORSING KITSAP REGIONAL COORDINATING COUNCIL LEGISLATIVE AGENDA (#AB00-259): Glenna Malanca, City Attorney, reported that the Kitsap Regional Coordinating Council (KRCC) has developed a consensus Countywide Legislative Agenda for the 2001 Washington State Legislative Session. It is now requested that member jurisdictions endorse the Agenda for submission to the Legislature. There were no comments from the public. #0540 M/S/C/U (Law/Reed) Move to pass Resolution No. 2762, endorsing the Kitsap Regional Coordinating Council Agenda for Year-2001. With no further business, meeting concluded at 5:50 P.M. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton C A/P J /Is/ cge AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORIGINATING DEPARTMENT: Public Works Monitoring and Maintenance of Alarm and Fire FOR AGENDA OF:12/06/2000 Suppression Equipment ORIGINATOR: Wayne Hamilton DATE SUBMITTED: 11/27/2000 2. CLEARANCES: (comment on back if 3. EXHIBITS: Purchasing ~ ~ Bid Evaluation Form City Attorney ......... c~_ (-~{~ City Treasurer , Public Works Director ~ Council Fiscal & Budget .... ENDORSEMENTS .~'-, INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMI'I-i'AL: MAYOR~-~,~ -~. ~"f~'~-' COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Requests for proposals were prepared, advertised, distributed and received in accordance with accepted Call for Bid procedures for Monitoring and Maintenance of Alarm and Fire Suppression Equipment. Bids were received from Fire One, Inc. And Fire Master, Inc. Both companies submitted bids that met the City's specifications. F~re One, Inc. was determined to be the Iow bidder. The proposal is for a two year contract. Staff recommend including an option to renew for a further two years, at the City's discretion, incorporating a cost-of living adjustment into the charges for the optional renewal. 8. RECOMMENDATION: That City Council accept the proposal by Fire One, Inc. being the Iow responsive bid as per the attached evaluation form and enter into a two year contract with an option to renew, at the City's discretion, for a further two year period. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ._~lJM~i~ll~ ~. PULLED .. TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: ~ ~ '"- ~7/ 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would be without alarm monitoring and certified maintenance of fire suppression equipment. We would not be in compliance with National Fire Protection Association standards and with local fire code. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This acquisition is within amounts budgeted for 2001 and 2002. 7. RESEARCH SOURCES: Fire Bid Evaluation Sheet Fire One Fire Master D~o,-iptio,-, I Iu it {Total I Vnit {Total Wet Fire Sprinkler System 5 126.00 630.00 150.00 750.00 Dry Fire Sprinkler System 2 195.00 390.00 200.00 400.00 Monitoring System 18 350.00 6300.00 480.00 8640.00 Halon System 2 420.00 840.00 400.00 800.00 Hood System 1 100.00 100.00 300.00 300.0o Fire Extinguisher Check 239 3.15 752.85 3.75 896.25 5lb Fire Extinguisher 6 Year 16 7.30 116.80 8.75 140.00 5lb Fire Extinguisher Rech 14 12.98 181.72 11.70 163.80 10lb Fire Extinguisher 6 Yr 1 9.84 9.84 18.75 18.75 10lb Fire Extinguisher Rech 1 17.95 17.95 18.75 18.75 20lb Fire Extinguisher 6Yr 2 14.25 28.50 28.75 57.50 Security System 6 151.16 907.00 262.00 1572.00 Panic Buttons 32 7.81 250.00 30.00 960.00 Burglar System 15 149.33 2240.00 262.00 3930.00 TOTAL 12764.66 18647.05 The above table reflects a comparison between the two bids based on quantities from the past year. It is understood that quantities in the future may vary from the above. As can be seen, the extended prices, based on the above mentioned quantities, clearly show that Fire One is the Iow bidder in this respect. The above table does not reflect labor charges. These are based on hours worked and are therefore unknown. However, since Fire One quoted lower hourly rates in three of the four categories requested and they were equal with Fire Master in the fourth category, it would be reasonable to assume that their labor charges would be lower than those of Fire Master. This further compounds their position as Iow bidder. PROPOSAL TO THE CITY COUNCIL AND CITY CLERK< CITY OF BREMERTON In accordance with your Request for Proposals, the undersigned hereby agrees to provide Monitoring and Maintenance of Fire Suppression and Security Alarm Systems and Fire Extinguisher services as follows: Technician Service Rates Technicians regular time and overtime will be listed as a per hour basis and will be in accordance with all City of Bremerton contract requirements. Journeyman $ ~5.00 perhour $ 97.50 per hour overfime (Sixty Five) (Ninety Seven & 50/100) Helper $ 65 _ O0 per hour $ Q7.50 per hour overtime (Sixty Five) (Ninety .qeven & 50/100) System Service Rates Annual Fire Sprinkler System $ See below 630.00 + 51 .66 Tax Wet Fire Sprinkler System $ 681,~6 (Six Hundred Eighty One & 66/100) 390.00 + 31 .98 Tax Dry Fire Sprinkler System $ 421 .98 ~F~ Hundred Twenty One & 98/100) Monitoring System $ 6: 3~_ nn (.q~ Thousand Three Hundred) Bi-annual 840.00 + 68.88 Tax HalonSystem $ ~08.88 (N~n~ Hundred Eight & 88/100) ~00.00 + 8.20 Tax HoodSystem $ ~0~:20 ~One Hundred Eight & 20/100) Equipment Service Rates Annual, 3.15 + .26 Tax Fire Extinguisher Check Alt $ 3_41 each(~'h~ee & 26/100) 9,00 + .74 Tax Recharge Dry Chemical 2.51b $ 9.74 each(Nine & 74/100) 12.00 + .98 Tax 5.0lb $ 12.98 each(Twelve & g8/100% 17.95 + 1.47 Tax 10.01b $ 1g.42 each(Nineteen & 4~/1 36.25 + 2.97 Tax 20.0lb $ 39.22 each(Thirty Nine 7.30 + .60 Tax 6 year breakdown 2.51b $ 7,90 each(Seven & 90/100) 7.30 + .60 Tax 5.0lb $ 7.90 each(seven & 90/100') 9'.84 + .81 Tax 10.0lb $ 1(~-6;5 .each(Ten & 65/100) 14.25 + 1.17 Tax 20.0lb $ 15.47 each(Fifteen & 42/100) Oct=bet ~3, 2000 City ~ 8mme,lml - ~ Page 19 Cost of New Dry Chemical Fire ExtinGuishers 22.00 + 1.80 Tax 2.51b ABC with vehicle bracket $ ~.R0 each (Twenty Three & 80/100) 30,18 + 2,47 Tax 5.01b ABC with vehicle bracket $ ~_6;5 each (Thirty Two & 65/100) 29.00 + 2.38 Tax 5.01bwEhwallhook $ .~1 .38 each (Thirty One & 38/100) 45.68 + 3.75 Tax 10.01b ABC v~th wall hook $ 49.43 each (Forty Nine & 43/~00) 78.75 + 6.46 Tax 20.01b ABC wffh wall hook $ 85,21 each (Eighty Five & 21/100) Additional Items Annual Maintenance Cost ~ 907,00 + 74,37 Tax each (Nine Hundred Eighty'& 37/100 Security System $ ~, 81 , ~ 7 250.00 + 20.50 Tax PanicBuffons $ 270.50 each (Two ~undred .qeventy & 50/100 Eire 2,240.00 + 183.68 Tax ~rSystem $ -~,423.68 each (Two Thousand Four ~undred Twenty Three ~ 68/100~ One year warranty on all parts/material Contra~or ~ire 0nc, In~, Firm Name Pi.re One, In..c: . Address P.O. Box 58528 Tukwila, WA 9~1~ Telephone# (360) 478-0428 Fax#(2S3} 875~7590 Signature of Preparer , Bremerton Business License # IRS TIN/SS # 91 ~-1 476442 Washington State Contractor # FIREOI*099KW Qctober 13. 2000 City o~ Bremeflon - Fimbid Page 20 PROPOSAL TO THE CITY COUNCIL AND CITY CLERK< CITY OF BREMERTON In accordance with your Request for Proposals, the undersigned hereby agrees to provide Monitoring and Maintenance of Fire Suppression and Secudty Alarm Systems and Fire Extinguisher services as follows: Technician Service Rates Technicians regular time and overtime will be listed as a per hour basis and will be in accordance with all City of Bremerton contract requirements, o,w-.~ N ~ .~,'j~~(-/-~ ~-*'7'_.~ Journeyman $ ~ ~' '"~per hour 5'.'~'~w77' -~,,'~ $. ,///.-~* '"'~'~'- ~ per hour overtime O ~Y-~/?¢tlv-OJ'~/~/:> 'h Helper per hour ~,k'?¥ ,~¢: $ ,/:J~ . per hour overtime $ System Service Rates Annual Wet Fire Sprinkler System $ i ~-~;) , ~)0 IFt~ d)~v'/~,~ '~: "--" DryFireSpdnklerSystem $ ;A :' d) . Od) E z~ 7- ~ ,:) Bi-annual Halon System $ ¢,..5'./"). ¢' ,o ,':~'/-' '"'~00 //¢ ,,,'c~,"~ ~ Equi~3ment Service Rates Annual, Fire EXting~iSher check All $ ~, 'ID~ eacl~ '.~'~,e doi/~,,5 ~' %"v">'/~Y~/':~v:r ~' Recharge DryChumical 2.5lb $ ~', "'"2.5' each ~E~-*~ ! 5.0lb $ //, ~'0 each ~/~..,:.'..~ iV ~' "P' -'"-- ~ :2'.2,, ¢.,~ ~-;.'Y'/ b* i~::~" "' ' ~ G' :~ rc'f~ // /:'~' '~'' ~ 20.OIb$ .~,., z> · each 6 year breakdown 2.51b $ '~, '7..J.~- each ~"~/~' ~?/~'///J?;¢ ,-t- 5;~'.~,,,/?.y/t ~c./~V~.,vT-~.C-~"~ 5.0lb $ //' ,' ~(? each ~/:~"~*:'Y '/ o.o u $ each o.o,b _each October 13, 2000 C~ty of Bremerton - Fa'ebid Page 19 2.51b ABC with vehicle bracket $ ~,4k~,., ~'"C:) each 5.0lb ABC with vehicle bracket $ ,~, G 0 each 5.Otb with wall hook $ i~ L~ ~'¢) ~ each '7"1! ,, 10.01b ABC with wall hook $ ~ ~OO each ~i~'/'/ 20.0lb ABC with wall hook $ ///~) .'fpo each Additional Items Annual Maintenam:a Cost Panic B~ons $ ::~ <~ each ~/~ Contmmor ~s~ ~r,;:)~',vC~o,,,,- coiL'j~ Signature of Preparer Washington State Contrac[or · ~l ( i~ ~ O ~ ~ ~ ~ 13. 2~300 City of B[eme~'ton - F~ebld Page 20 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Approve contract for employment FOR AGENDA: December 6, 2000 of Special Counsel to the City Council pursuant to ORIGINATING DEPT: City Council Section 25 of the City Charter, and attendent ORIGINATOR: Conrad Esser, Council member budget adjustment organization chart. DATE SUBMITTED: December 4,2000 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Proposed employment contract for Special Counsel GLENNA MALANCA, City Attorney COUNCIL OPERATIONS COMMITTEE FISCAL & BUDGET COMMITTEE ENDORSEMENT ~] INFORMATION [-~ APPROVED FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Council is considering the curative employment of the Current City Attorney as Special Counsel under City Charter Section 25 due to a difference of legal positions between the Mayor and the City Council regarding the Council's acceptance of Ms. Malanca's withdrawal of her November 1 resignation. While the City Council maintains that Ms. Malanca remains employed as City Attorney, this action and contract are considered preventative measures. No budget adjustment is immediately necessary, and this position will be considered concurrently with the 2001-2002 Budget, and incorporated therein. 5. RECOMMENDATION: Move to approve the proposed contract employing Glenna Malanca as Special Counsel to the City Council as a preventative measure until her status as City Attorney can be legally established. The office space, support staff, equipment, parking arrangements, and all other terms and conditions of employment shall be as directed by Council. Special Counsel shall work under the direction of the City Council. Council President shall assign such work and duties as directed by the majority of the City Council. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [-] TABLED [--] APPROVED [] DISAPPROVED [--] AMENDED COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: EMPLOYMENT CONTRACT Special Counsel to the City Council This Employment Contract is entered into this __ day of December, 2000 by and between the City Council of the City of Bremerton, a chartered first class municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as "City"), and Glerma A. Malanca, (hereinafter referred to as "Special Counsel to the City Council"). This contract is entered into pursuant to Section 25 of the City Charter and the duties assigned to Special Counsel are considered to be special matters of particular concern and interest to the City Council. The City Council intends to codify the specific duties and responsibilities of Special Counsel into a new Chapter of the Bremerton Municipal Code. In consideration of the mutual benefits and promises herein contained, the parties agree as follows: 1. DESCRIPTION OF SERVICES: The Special Counsel to the City Council agrees to furnish full time services as directed by the City Council. 2. SUPERVISION: The parties understand and agree that the Special Counsel to the City Council will perform independent functions and responsibilities in the exercise of her field of work. In the performance of these duties the Special Counsel to the City Council shall work under the supervision of the Council President. 3. TERM: The Special Counsel to the City Council shall serve at the pleasure of the City Council commencing effective December 1, 2000, and continuing until termination or until February 15, 2002, whichever sooner occurs. 4. COMPENSATION: The Special Counsel to the City Council and City agree that compensation for services rendered under this agreement shall begin at band 2, rate 8, three thousand four hundred and eighty-two dollars and fifty-seven cents ($3,482.57) semi-monthly, with a monthly rate of approximately six thousand nine hundred sixty five dollars and fourteen cents ($6,965.14). Commencing January 1, 2001, Special Counsel shall be paid according to Band 1, Rate 8 of the Professional Management Wage and Salary Plan, or its equivalent under a subsequently adopted wage and salary plan for professional management employees of the City. Additionally, Special Counsel shall EMPLOYMENT CONTRACT This Agreement may be terminated for cause, without notice, and employee understands, agrees and accepts that no severance pay shall be paid. "Cause" shall be defined as including but not limited to any reason for which a regular employee may be dismissed under the Bremerton Civil Service Rules, specifically Rule 19. GENERAL PROVISIONS: A. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. B. The parties hereby further agree that this A~eement cannot be amended or modified without the written concurrence of both parties. C. Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: Human Resources Department Glenna A. Malanca 239 - 4th Street c/o City Hall Bremerton, WA 98337 239 4th Street Bremerton, WA. 98337 D. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. E. The invalidity or unenforceability of any provisions hereof shall, in no way, affect the validity or enforceability of any other provision. F. Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above whtten. GLENNA A. MALANCA Special Counsel to the City Council Chapter 2.06 recommend the appointment of special counsel therein. CITY ATTORNEY g. Attend meetings of the Civil Service Commission, pension boards, and other commissions, boards, or committees required by Sections: law, or as directed by the Council, or requested by the chair of such board or commission. 2.06.010 OFFICE CREATED. h. Facilitate bond issues; provided, this 2.06.020 DUTIES. shall not mean the rendering of an opinion on the 2.06.030 ADMINISTRATIVE vaiidity of the bonds in any case where special PROCEDURES. bond counsel has been retained by the City or by 2.06.040 OUTSIDE EM~PLOYMENT. any prospective bond buyer. i. On request of the Mayor or Council 2.06.010 OFFICE CREATED. participate in intergovernmental relations Here is created the Office of the City affecting the City. Attorney pursuant to the laws of the State of j. Keep litigation files and records, and Washington and the Charter of the City of copies of all other official written Bremerton, which office shall be filled by communications, and deliver same to successors appointment of the Mayor subject to confirmation of the Office of the City Attorney. by the City Council. (Ord. 4152 §1, 1988). k. Direct or participate in proceedings for the vacation of streets, condemnation of land, 2.06.020 DUTIES. land acquisition, sale of surplus properties, and To accomplish the directives of the City related legal transactions. Charter and requirements of state law, the I. Prepare and administer the budget for function of the Office of the City Attorney shall the City Attorney's Office. include, but not be limited to: m. Serve as advisor and/or participant in a. Advise the Mayor, boards, labor negotiations and approve labor contracts as commissions, department heads, Council and its to form. committees, and other City officials and officers, n. Coordinate and assist in obtaining including the rendering of formal legal opinions information and legal opinions from Municipal when so requested or when it appears to the Research as requested by the Mayor, Council attorney advisable to do so. President, or Chair of the Audit Committee. b. Attend all regular and special o. Prepare and/or approve ballot meetings of the Council, unless excused by the measures and levies. President of the Council. p. Interpret substance, form, and c. Prepare, draft, approve as to form, or applicabili.ty of the City Charter and ensure supervise the preparation of ordinances, consistency of ail ordinances, resolutions, and resolutions, leases, deeds, contracts and/or administrative rules therewith. (Ord. 4152 §1, agreements, and such other and similar 1988). instruments as may be required by the business of the City. 2.06.030 ADMIiNISTRATIVE d. Represent the City. in criminal PROCEDURES. prosecutions in Municipal Court and appellate The City Attorney will develop and courts, promulgate written procedures relating to the e. Consult with the Risk Manager and following areas: participate in all non-litigation claims over a. Legal opinions. $2,500.00. b. Procedures for drafting of ordinances f. Represent the City in all litigation and and resolutions. administrative proceedings in which the City is c. Processing and control of legal involved either as a plaintiff or defendant, or documents. 2-3 d. City relationships with bond and other special counsel. e. Determination of priorities. f. Council agenda review procedures. g. Prosecution procedures. h. Ordinance enforcement procedures. i. Claims and risk management. j. Codification procedures. (Ord. 4152 §1, 1988). 2.06.040 OUTSIDE EMPLOYMENT. The City Attorney and Assistant City Attorneys shall not engage in a legal practice or compensable legal work wlfile holding office with the City; provided, minor legal matters for immediate family members are not prohibited so long as they do not interfere or conflict with this office. (Ord. 4152 §1, 1988). 2-4 Any officer or employee, before entering upon the performance of his duties, may be required to take an oath or atTu-mation as may be prescribed by ordinance for the faithful performance of h/s duties as a condition of employment. Section 23 - City Attorney: The Legal DeparUnent of the City shall consist of a City Attorney, appointed by the Mayor and confirmed by Council, and such assistants as the budget will allow. Ali must be duly licensed attorneys of the State of Washington in accordance with state statute or court role. The City Attorney shall be a full-time in- house City Attorney, who shall have no outside practice or clients. The City Attorney may be removed by the Mayor, with the concurrence of a majority of Council sitting as a whole, or by Council alone, provided that reanoval by Council alone shall require a 2/3 vote of the entire Council. The City Attorney may remove h/s assistants at his pleasure. Section 24 - Legal Advisor: The City Attorney shall be legal advisor of all officers, commissions, boards and committees of the City and shall bring and prosecute all actions which may be directed by the Mayor or Council, and defend the City in all actions against it and any action in which the City, any past or present employee, officer, board, committee, or commission is a party as a result of acts or omissions in the good faith performance of the city's business as determined by Council. Section 25 - Special Counsel: ~ Council may at any time employ other or special counsel, whose compensation shall be fixed at the time of employment, to take charge of special matters or to assist the City Attorney. · ARTICLE V. Finance Section 26 - Organization: ca~v. ~ t~s~s 13 The Mayor shall have charge of finance and shall be responsible for the custody and management of the City assets. Section 27 - Receipt, Custody, and Disbursement of Funds: AH payments authorized by Council shall be signed by the Mayor and City Clerk. The City Treasurer shall receive and keep all monies due and belonging to the City, and all trust funds held by the City, and shall keep an accurate detailed account of the same in such manner as to show the exact financial condition of the City. The City Treasurer shall, at thc close of each month, report to Council all the monies received and disbursed during the month. Section 28 - Fiscal Year: The City's fiscal year shall be the calendar year. Section 29 - Public Utilities: (1) The City shall have power to own and operate any public utility and may purchase, construct, condemn or acquire any public utility provided by law, and may make any additions or betterments or ex-tensions of any ex/sting utility, and the provision therefor shall be by ordinance which shall specify and adopt the plan or system proposed and declare the estimated cost thereof. Any ordinance providing for a newly ovmed and operated utility shall be submitted for ratification or rejection to the qualified voters of the City at a general or special election called for that purpose. Provided, however, that an ordinance providing for the extension, enlargement or improvement of an existing utility shall conform to RCW 35.92.070 and need only be submitted to the voters as required thereby. (2) Nothing in th/s Charter shall be construed to permit the city of Bremerton to sell all or any portion of any of the real property now owned or hereafter acquired for water supply purposes generally Imown as watersheds, whether or not currently used for water supply purlx~es, unless a question of such proposed sale shall be approved by a rnajority plus one of the council membership or shall.have been first submitted 2.06.010 OFFICE CREATED. Here is created the Office of the City Attorney pursuant to the laws of the State of Washington and the Charter of the City of Bremerton, which office shall be filled by appointment of the Mayor subject to confirmation by the City Council. 2.06.020 DUTIES. To accomplish the directives of the City Charter and requirements of state law, the function of the Office of the City Attorney shall include, but not limited to: a. Advise the Mayor, boards, commissions, department heads, Council and its committees....U .I~......n.....r...e..q.u....e..s..t.., and other City officials and officers, including the rendering of formal legal opinion when so required or when it appears to the attorney advisable to do so. b. Attend att-regular and special meetings of the Council;--u~tess-e.~eused--by ..u.p.0....n.....t.h.e_..r...e...q~_e._.s._t..._o.._.f.._.the President of the Council. c. Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases, deeds, contracts and/or agreements, and such other and similar instruments as may be required by the business of the city..~!e..s..s...a...s..s..i.~.e...d._.t..o.....S..~..c..i..a.L.C...0..up..s...e.!? 0Or'NS'.' e-.cl. Consult with the Risk Manager and participate in all non-litigation claims over $2,500.00. -ge. Represent the City in aglitigation and administrative proceedings in which the City is involved either as a plaintiff or defendant.;--, and which h..a..s.....n.~..t...~.e-e.n...a..s...s~]..grA....e-d....[.~...S..p..e...c.i.~[..C..9.~k.~r recommend the appointment of spec4a~....o.....m....s.j..d...e...counsel therein. g:f. Attend meetings of the Civil Service Commission, pension boards, and other commissions, boards, or committees required by law, or as directed by the Council, or requested by the chair of such board or commission. beeR".,emined.-by.-the.gity-o~.-by.-any--~ospeetiYe--bond.-buye~-.- i-;g~..___On request of the Mayor or Council participate in intergovernmental relations affecting the City. j:h. Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney. k:.i. ................... Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisition, sale of surplus properties, and related legal transactions. t-:j, Prepare and administer the budget for the City Attorney's Office. m:k e ....... a,i .....Al ....,-,4,,4,,,-,, i, ~,,~, ...... .;,..; ..... a pp Coordinate and assist in obtaining information and legal opinions 6-om Municipal Research as requested by the Mayor, Council President, or Chair of the Audit Committee. 2.06.030 ADMINSTRATIVE PROCEDURES. The City Attorney will develop and promulgate written procedures relating to the following areas: a. Legal opinions....o..f..t...h.e..~..i..ty...A..gg...m.e..y~ ,s..Q.f~.c...e..,., b. Procedures for drafting of ordinances and resolutions. c. Processing and control of legal documents. d. City..-~etationships..wi~.hbond--and-other--speeia[eounset~. e. Determination of priorities..f.~..r..t..'h..e.....`Ci.~.A....tt...~..me.y~.s..~...~.f~...c..e.. g. P ........... v ......res. h. Ordinance enforcement procedures. i. Claims and risk management. j. Codification procedures. 2.06.040 OUTSIDE EMPLOYMENT. The City Attomey and Assistant City Attorneys shall not engage in a legal practice or compensable legal work while holding office with the City; provided, minor legal matters for immediate family members are not prohibited so long as they do nm interfere or conflict with_ this__o..f~.~:. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION NO. ,~'~ 3 FOR AGENDA OF: Dec. 6, 2000 ~,_ AUTHORIZING AN INTERFUND LOAN FROM THE ORIGINATING DEPT: '-'~r~'as-~~ EQUIPMENT RENTAL FUND TO THE PARK DEVELOPMENT ORIGINATOR: Rich H. am~ ~ FUND and REPEALING RESOLUTION NO. 2743. DATE SUBMITTED: Nov. 27, 2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Parks & Rec. Loan Repayment Schedule ENDORSEMENT~ ~,~' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed resolution will replace a portion of the funding for installation of lighting at Pendergast Regional Park. The funding previously designated to be provided from future Hotel / Motel tax revenues will, by passage of this resolution, be provided from future revenues of the Park Development Fund. 8. RECOMMENDATION: Motion to approve Resolution No.~7~ authorizing the inter-fund loan from the Equipment Rental Fund to the Park Development Fund. 9. RESPONSIBLE OFFICIAL: Dir. Parks & Rec. ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 12/31/2020 REVIEW DATE: N/A 10. NOTICE OF ACTION COUNcILPULLED DIRECTIvE:TABLED APPROVED DISAPPROVED ~ AMENDEDIO A 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The currently authorized inter-fund loan will continue in effect. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: Included in the modifications to the preliminary budget for the 2001 - 2002 biennium. 7. RESEARCH SOURCES: Staff analysis. RESOLUTION NO. ~ '~ ~ ~ A RESOLUTION authorizing an Interfund Loan to the Park Development Fund from the Equipment Rental Reserve Fund and repealing Resolution No. 2743. WHEREAS, the Park Development Fund has an immediate need for cash with which to provide a portion of the financing for improvements at Pendergast Regional Park; and WHEREAS, the size and nature of this transaction does not lend itself to an external financing; and WHEREAS, surplus cash in an amount sufficient to meet the needs of this project is presently on hand in the Equipment Rental Reserve Fund; NOW, THEREFORE, let it be resolved, that the City Treasurer is hereby authorized and directed to make an interfund loan from the Equipment Rental Reserve Fund to the Park Development Fund in an amount not to exceed $145,000. This loan shall bear interest at the rate of 6.5% per annum and shall be repaid in its entirety not later than December 31, 2020; and BE IT FURTHER RESOLVED, that Resolution No. 2743 is hereby repealed. ADOPTED by the City Council of the City of Bremerton this ~ day of , 2000. CAROL ARENDS, Council President BREMERTON SCHEDULE OF DEBT REDEMPTION - INTER-FUND LOANS PENDERGAST LIGHTS RES. # LOANED FROM 510 TO 112 PRINCIPAL INTEREST YEAR 2001 $ 3,734.68 $ 9,425.00 2002 3,977.43 9 182.25 2003 4,235.96 8 923.71 2004 4,511.30 8 648.38 2005 4,804.54 8 355.14 2006 5,116.83 8 042.85 2007 5,449.43 7 710.25 2008 5,803.64 7 356.04 2009 6,180.87 6 978.80 2010 6 582.63 6 577.05 2011 7.010.50 6 149.17 2012 7 466.19 5 693.49 2013 7~951.49 5 208.19 2014 8.468.33 4 691.34 2015 9 018.78 4 140.90 2016 9 605.00 3 554.68 2017 10229.32 2 930.36 2018 10 894.23 2 265.45 2019 11 602.35 I 557.33 2020 12 356.50 803.17 $ 145,000.00 $ 118,193.55 RESOLUTION NO. iS 7 ¥ 3 A RESOLUTION authorizing an Interfund Loan to the Civic Improvement Fund from the Equipment Rental Reserve Fund and dedicating future Hotel/Motel Tax revenue for repayment. WHEREAS, the Civic Improvement Fund has an immediate need for cash with which to provide a portion of the financing for improvements at Pendergast Regional Park; and WHEREAS, the size and nature of this transaction does not lend itself to an external financing; and WHEREAS, surplus cash in an amount sufficient to meet the short-term needs of this settlement is presently on hand in the Equipment Rental Reserve Fund; NOW, THEREFORE, let it be resolved, that the City Treasurer is hereby authorized and directed to make an interfund loan from the Equipment Rental Reserve Fund to the Civic Impr6vement Fund in an amount not to exceed $145,000. This loan shall bear interest at the rate of 6.5% per annum and shall be repaid in its entirety not later than December 31, 2020; and BE IT FURTHER RESOLVED, that $15,000 of HoteVMotel Tax revenues from the Civic Improvement Fund shall be dedicated annually for repayment of this interfund loan. ADOPTED by the City Council of the City of Bremerton this .~ day 2000. CAROL ARENDS, Council President AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION NO. ~7/C~ FOR AGENDA OF: Dec. i~2000 REAUTHORIZING AN INTERFUND LOAN FROM THE ORIGINATING DEPT: Public--~-~. &--0~. WATER FUND TO THE WASTEWATER FUND ORIGINATOR: ~Gene Sampley DATE SUBMITTED: -I Nov. 3 2000 2. ~.~_~ of back if necessary) 3. EXHIBITS: City Treasurer ~ Fiscal & Bud, c~'"' i:~'~' ~'-~"d~'~"--., Proposed Resolution Operation~ ~~~~ ENDORSEMENTS ~ INFORM~ION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. 8H~R~ 81gl[g~l ~D R~HI~T FOR ~O~l~ ~TIO~: The proposed resolution will provide continuin~ I~al authority [or a potion of tho existin~ intor-fund loan until the Wastewaler Utilit~ is able to complet~ its repayment. ~ithout Ibis ~oan the fund wifl position. 8. RECOMMENDATION: Motion to approve Resolution No.~-~' reauthorizing the inter-fund loan from the Water Fund to the Wastewater 1, Fund. 9. RESPONSIBLE OFFICIAL: Dir. Public Wks & Util ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 12/31/2003 REVIEW DATE: N/A PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The Wastewater Fund will frequently operate in a deficit cash position. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Included in the preliminary budget for the 2001 - 2002 biennium. 7. RESEARCH SOURCES: Staff analysis. RESOLUTION NO. ~ ~ A RESOLUTION reauthorizing an interfund loan to the Wastewater Operating Fund from the Water Operating Fund. WHEREAS, the Wastewater Fund has a continuing need for operating cash; and WHEREAS, the size and term of this transaction does not lend itself to an external financing; and WHEREAS, surplus cash in an amount sufficient to accommodate this short term need is presently on hand in the Water Fund; NOW, THEREFORE, let it be resolved that the City Treasurer is hereby authorized and directed to continue the interfund loan to the Wastewater Fund from the Water Fund in an amount not to exceed $1,200,000. This loan shall bear interest at the rate of six and one-half percent (6%%) per annum and shall be repaid in its entirety on or before December 31, 2003. PASSED by the City Council of the City of Bremerton this __ day of ,2000. CAROL ARENDS, Council President AGENDA BILL BREMERTON CITY COUNCIL ~),t_C~r~ ~ 1. SUBJECT: Ordinance No. ~-7~}'7~ FORAGENDA: ~ Amending Chapter 2.76 of the Bremerton ORIGINATING DEPT: City Council Municipal Code ORIGINATOR: Cecil McConneil, Councilmember DATE SUBMITTED: November 27, 2000 2. C~EARANCES: (C~mment on back if necessary) 3. EXHIBITS: (' ~/~~//z/-'-~~ Ordinance~o. ~w 37 ~'~LI~Ni~ ~'~M~LA~CA, City Atto~ey MAYOR COUNCIL PRESIDENT {_~¢/.~.. /_z~ff~.--~' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Council isconsidering the need to amend Chapter 2.76 of the Bremerton Municipal Code to reduce the Mayor and other employee's spending authority in order to be more informed on the expenditures by the City. 5. RECOMMENDATION: Record Motion: Motion to pass Ordinance No.~[737on 2nd ~ading. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ~ TABLED ~ APPROVED ~ DISAPPROVED ~ AMENDE~DAT ll/- COUNCIL DIRECTIVE: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE "O. ~' 7:3 7 AN ORDINANCE amending Chapter 2.76 of the Bremerton Municipal Code and updating the City's purchasing procedures. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Amendment. Section 2.76.300 (a) (3) is hereby amended to read as follows: 2.76.300 PROFESSIONAL AND PURCHASED SERVICES. (a) (3) All professional a,oa~H~amha~i-Sservices utilized by the City from $-0- to $!0,000 1,000 in value may be by purchase order and letter of understanding_. Professional ~ ~Services_ Agreements in excess of ..¢~n. v,..~..nr~n $1,000, but less than $20,000, require a formal contract ........ ~ b:.' th~' ~c:,,,,~ ~d ~ .......,~, ,-,.. ........... ~, .... ,..~.~. ............................. ~.,~,.,.-,.~,... ,~.,~ Council approved by the Chairs of the Operations and Fiscal & Budqet Committees, or their committee designees, and the Council President; PROVIDED that= contracts for an amount of more than $1,000 and less than $10,000 may be made by purchase order and letter of understandinq upon the approval of the Chairs of the Operations and Fiscal and Budqet Committees, upon notice to th~. Council President. -Purchased Services utilized by the City from $-0- to $10,000 in value may be by purchase order and letter of understandinq. Purchased Services in excess of $10,.000, but less than $20,000 require a formal contract approved by the Mayor and a memorandum informinq the Council of the nature and amount of the expenditure. Professional and Purchased Service Agreements ~of $20,000 or more require Council approval. SECTION 2. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this day of ,2000. PASSED by the City Council of the City of Bremerton this __ day of ,2000. CAROL ARENDS Council President APPROVED this day of ,2000. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE#4738 FOR AGENDA OF: ~7I~__c,.e ~J~¢~ ~ ,,'". __ ,_ __ ,, ,,,,~(O'2'°°° VACATING A PORTION OF O STREET. ORIGINATING DEPT: PW&U Engineering Div. ORIGINATOR: W. Eugene, Sampley, Director PW~kJ,~ DATE SUBMITTED: November 8, 2000 ~ ~ '" 2. CLEARANCES: (comment on bad ss 3. EXHIBITS Director, Public Works/Utilities A. Ordinance #47 3 ~ city Attorney ~~ B. Site Map. Director, Community Development ,_-. C. Staff Report. Council Budget & Finance Committee.S// Operations Committee ~~"c~"~-r~ MAYOR~.o~ ~-~/~,~ COUNCIL PRESIDENT ,~_~/~,~. d'-~-'~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL 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. A hearing date of November 29, 2000, was set by the City Council on October 25, 2000. Posting of the hearing notices and mailings to the adjacent property owners have been completed in accordance with State law and the Bremerton Municipal Code. 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. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of a portion of O Street. 8. RECOMMENDATION: B. Move, to pass Ordinance #~'~'3 G , vacating a portion of O Street, on second reading. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO. ~r C~ ~ ~ 5 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, O Slreet 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: ORDINANCE # .Z~'7 :.~ ~ AN ORDINANCE Vacating a portion of O Street, from Oyster Bay Avenue to 279 feet East. WHEREAS, Dale A. Dahl and Donna K. Oster-Dahl have petitioned to vacate this unimproved 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 a Portion of O Street Page I THAT PORTION OF THE EXISTING RIGHT-OF-WAY OF "O" STREET (13th AVENUE) IN THE PLAT OF BREMERTON HEIGHTS (VOLUME 3, PAGE 41) EXTENDING FROM THE EAST MARGIN OF RIGHT-OF-WAY OF OYSTER BAY AVENUE TO THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 27, BLOCK 1, OF SAID PLAT. BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON. Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. Section 3. Effective date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ., 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 a Portion of O Street Page 2 IS Z LU 'M ~d J"=""~.., M31A NIAAJ- .~~ STREET VACATION REQUEST O STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: November29, 2000 PREPARED BY: Ned Lever SUMMARY A. Applicants: Dale A. Dahl and Donna K. Oster-Dahl 10230 Yates Ln. NW Bremerton, WA 98312 Location: O Street from Oyster Bay Avenue to 279 feet East B. Attachment: Vicinity Map and Vacation Area Map BACKGROUND The applicants have petitioned the City of Bremerton to vacate a portion of 0 Street Right-of-Way that abuts their property (approximately 11,160 sf). The right-of-way is currently undeveloped and it is unlikely to be developed due its topography. There is a steep slope and a deep depression located within the limits of this right-of-way. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. See the attached sketch of the area in question. RIGHT-OF-WAY CON DITIONS · Functional Classification Local Access · Existing R-O-W Width 40 feet · Proposed R-O-WWidth N/A · Pavement Width N/A · Surface Type N/A · Curb and Gutter N/A · Sidewalks N/A September 26, 2000 Q Street Vacation Page 1 of 5 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of O Street is not required for public use. Due to the topography of the area it is unlikely that it will be utilized as a connector between Oyster Bay Avenue and Bremerton Boulevard. 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: The city has not historically maintained this portion of undeveloped right-of-way. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Currently both the O Street and N Street right-of-ways are developed as residential driveways. O Street has been used solely by the property to the north. The properties that are located south of and adjacent to O Street and also front on N Street have been served by N Street. Two of these parcels are currently undeveloped and can gain access from N Street in the future. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public use. September 26, 2000 O Street Vacation Page 2 of 5 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: Lachlan Munro, the owner of lot 004-00 had a representative contact the City verbally requesting that the hearing be postponed until Mr. Munro is available to participate in the process. Mr. Munro is in the Navy and is currently out of the country. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. There are no existing utilities located within this portion of the right-of-way. SUFFICIENCY OF SIGNATURES The request for the vacation was made by more than two thirds (on a front footage basis) of the property owners abutting the property to be vacated. COMPENSATION This is a Class III right-of-way as defined in Ordinance 4664. This type of right-of-way is limited to a public easement which is generally unimproved and for which no public funds have been expended in the acquisition or in the acquisition or providing improvements. No compensation is required for Class III right-of-way. 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 via another route. This vacation will not adversely impact the current ability of the Fire Department to access these lots. Staff recommends that this Street Vacation be approved as requested without modification. September 26, 2000 O Street Vacation Page 3 of 5 ")---/ September 26, 2000 0 Street Vacation Page 4- of 5 September 26, 2000 0 Street Vacation Page 5 of 5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing and First Reading of FOR AGENDA OF: ~-;c:::..bcr 29, 2~'~ Ordinance# q-Te~ ? regarding annexation of the real ORIGINATING DEPT.: DCD property described within the adopted Port Blakely Sub- ORIGINATOR: Lee A. Wyatt, Planner Area Plan. DATE SUBMITTED: November 20, 2000 2. CLEARANCF4S: (Oommeg~ on back if 3. EXHIBITS: i Jfl,ii.l -- cc Ord.=ce D FT 11-17 necess8~) ~ Ping. Dir.: ~,~'~~ Annexation of the re~ prope~ described Bldg. ~~~ ~ withi~ the adopted Po~ Blakely S~b-Area Ci~ A~omey: Plan Notice of Public Heahng Ci~ Clerk: ~ ~~ ~ Notice of Intention of Breme~on xatio F&B Chairm~:~__~ __~ hh~iM Dcvcl~v .... .[ A~c~, .... ~ No. OOO-O Ops ENDORSEMENT ){ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~-~ ~--~ COUNCIL PRESIDENT ~.~. ~./~.~-t.~~/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton, Kitsap County and Port Blakely Communities (land owner/developer) have cooperatively prepared and adopted a Three-Party Agreement which established certain terms and conditions relating to annexation of the Port Blakely Sub-Area Plan, a large parcel of land (approximately 440 acres) located to the west of Kitsap Lake. The Ci~' has amended its 1995 Comprehensive Plan and the Zoning Code in such a manner as to facilitate arme~tion of the Port Blaketv Sub-Area. Consequently, the City has received a petition to annex the property from the developer and has forwarded the Notice of Intention of Bremerton Annexation to the Kitsap County Bounda~ Review Board. Annexation of the property implements the agreed upon provisions of the Three-Parry Agreement. 5. RECOMMENDATION: I move to po_st, on .~ece~-k r~xd.; ~¢.], Ord. i ~onc~-'~i4 7 3q of the Bremerton City. Council annexing 440 acres of real property commonly known as the P6'rt Blakely Sub-Area, pursuant to the direct petition method set forth in Chapter 35 13 RCW; describifig the boundaries thereof; requiring said properties to be assessed and taxed at the same rate and basis as the other property within the City; and fixing the effective date of said annexation. 6. RESPONSIBLE OFFICIAL: _Director, B&PD ENFORCEMENT OFFICIAL: EXPIRATION DATE: N/A REVIEW DATE: N/A 7. NOTICE OF ACTION IIC PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: 9. CLEARANCE COMMENTS: 10. 1MPACT OF NON-PASSAGE: Failure to approve the Ordinance would result in the inability of the proponents (City of Bremerton Kitsap County, Port Blakely Communities) to proceed with the proposed mixed use development through annexation. 11. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Additional staff resources will be required to continue the review and development of the proposed Master Plan, ElS preparation, and the Master Plan Development Agreement. 12. RESEARCH SOURCES: Bremerton Comprehensive Plan Port Blakely Joint Planning Area Sub-Area Plan Bremerton Zoning Ordinance Volume I, dated Sept 20, 2000 (Sept 11, 2000, Kitsap County Comprehensive Plan Kitsap Co.) Kitsap County Zoning Ordinance Volume II, dated Sept 20, 2000 (Sept 11, 2000, RCW 35.13.177 and. 178 Kitsap Co.) RCW 36.70A. 10 File Three-Party Agreement between City of Bremerton, Kitsap County, and the land owner - Port Blakely Communities ORDINANCE NO. ¢'7~ ~ AN ORDINANCE OF THE CITY OF BREMERTON, WASHINGTON ANNEXING 440 ACRES OF REAL PROPERTY COMMONLY KNOWN AS THE PORT BLAKELY SUB-AREA, PURSUANT TO THE DIRECT PETITION METHOD SET FORTH 1N CHAPTER 35.13 RCW; DESCRIBING THE BOUNDARIES THEREOF; REQUIRING SAID PROPERTIES TO BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS AS THE OTHER PROPERTY WITHIN THE CITY; AND FIXING THE EFFECTIVE DATE OF SAID ANNEXATION. The City Cottncil of Bremerton mai<es tile f'ollowing findings: WHEREAS, pursuant to RCW 35.13. 125, tile City of Bremerton received a Notice of Intent to Annex fi-om the owner of certain ~-eal property totaling approximately 440 acres of land and commonly known as the Port Blakely Sub-Area, which is shown on the map attached as "Exhibit A", and as legally described itl the attached "Exhibit B," and WHEREAS, the Po~-t Blakely annexation area is within Kitsap County's adopted Urban Growth Area (UGA) pursuant to the May 1998 Kitsap County Comprehensive Plan, as amended on September 11, 2000 to add the Port glakely Sub-Area as a final UGA, and WHEREAS, the City amended its 1995 Comprehensive Plan by Ordinance No. 4722 on September 20, 2000 to adopt the Port Blakely Joint Planning Area Sub-Area Plan as an amendment to the City Comprehensive Pl;m. WHEREAS, the City Council of B~'cmerton also approved the Three-Party Agreement by Ordinance No. 4722 on September 20, 2000, and Kitsap County approved the Three -Party Agreement by Ordinance No. 249-2000, on September I l, 2000, which Three -Party Agreement established certain terms and conditions t-elating to tile Port Blakely Sub-Area annexation, and WHEREAS, the City of Bremerton. tile Kitsap County Board of Commissioners and Port Blakely Communities executed the q'h~'ce -Party Agreement consistent with and implementing the Port Blakely Sub-Area Plan for mixed use development, open space, infrastructure and services, and WHEREAS, the annexation of the Port Blakely Sub-Area implements the Sub-Area Plan and the Three -Party Agreement, and WHEREAS, the Notice of Intent to Annex was signed and delivered to the City on September 20, 2000 by the owner of the Port Blakely property representing 100% in value according to the assessed valuation for general taxation of the property, and WHEREAS, pursuant to R. CW 35 13 125, the Bremerton City Council met with Port Blakely on October 4, 2000, which is within sixty (O0) days at'ter receipt of said Notice oflntent to Annex, and WHEREAS, on October 4, 2000, the City received an annexation petition for the Port Blakely Sub-Area containing the signature of the owner ct' 100% in value, according to the assessed valuation for general taxation, ct' tile pt'operty which is to be annexed, and WHEREAS, the City oFBremcrtc~n filed on October 5, 2000, a Notice of Intent to Annex the Port Blakely Sub-Area property with the Kitsap County Boundary Review Board, and WHEREAS, the Bremerton City Council held a public hearing on the proposed annexation on November 29, 2000, and at the conclusion offs[ich hearing determined that the Port Blakely Sub-Area property sho[dd be annexed, NOW, THEREFORE, THE CITY OF BREMERTON DOES IqER. EBY ORDAIN AS FOLLOWS: Section 1. Annexation: The real property commonly known as the Port Blakely Sub- Area, approximately 440 acres of land, as shown on the map of the area labeled "Exhibit A", and as legally described in "Exhibit B", both attached hereto and incorporated in full by this reference, is hereby annexed into and made a part of the City of Bremerton and the boundaries of the City are so changed. Section 2. Assumption of Indebtedness. Pursuant to tile terms of the annexation petition, all property within the territory annexed hereby shall be assessed and taxed at the same rate and on the same basis as property within th~: City, including assessments for taxes and payment of any bonds issues or debts contracted prior to or existing as of the date of annexation. Section 3: Certificate of Annexation: The Mayor is authorized to sign a certificate of annexation pursuant to RCW 35.13.200 and tile City Clerk will attest and file the certificate with the Office of Financial Management within 30 days ot'the effective date of this annexation. Section 4. Effective Date: This orctinance shall take efl'ect tell days following passage and publication. The City Clerk shall certi(¥ this adoption o~'dinance to the Kitsap County Commissioners upon tile ordinance el"l"ectivc date. APPROVED by the Cit.,,, Cotmcil on the fi~-st reading this __ day of ,2000. PASSED by tile City Council of Bremerton this __ day of ,2000. Carol Arends, Council President APPROVED this ___ day of ,2000 Lynn S. Hot-ton, Mayor ATTEST: Kathleen McCluskey, City Clerk Exhibits: Exhibit A--Map of Port Blal<ety Annexation Area. Exhibit B--Legal Description of Pol-t glakely Annexation Area. 3 Parametrlx. In c. EXHIBIT A--MAP OF PORT BLAKELY ANNEXATION' ~REA '.. .: ~:. . - ;j~- . . - - . :- . '"'' ' FIt. E: F'IGUR[:07 ~^~: ~o/o4/o~ ..-- ~ ~ Port Bloke~y Boundary Section line I L_J I ~ Proposed Development o 600' 12oo' Boundary Port Blakely 1"=1200' ~ Topography from Walker and Associates Joint Planning Area EXHIBIT B--LEGAL DESCRi PTION OF PORT BLAKELY ANNEXATION AREA LEGAL DESCRIPTION PORT BLAKELY JOINT PLANNING AREA That portion of Sections 7, 18 and 19 of Township 24 North, Range 1 East of the Willamette Meddian in Kitsap County, Washington, described as a whole as follows: Beginning at the section comer common to Sections 17, 18, 19 & 20 of said Township and Range; thence along the east line of said Section 18, North 02033' 36" East 2650.40 feet to the east 1/4 section comer of said Section 18; thence continuing along said east line of said Section. 18, North 02°13' 37" East 2665.51 feet to the section comer common to Sections 7, 8, 17 & 18 of said Township and Range; thence along the east line of said Section 7, North 03°14' 29" East 273.70 feet; thence South 49006' 36" West 394.86 feet; thence South 22°15' 57' West 435.82 feet; thence South 51 °04' 39' West 573.87 feet; thence South 72°21' 49" West 281.90 feet to the beginning of a 113 foot radius curve to the right; thence northwesterly along said curve an arc distance of 212.28 feet through a central angle of 107°38' 11"; thence North 208.41 feet to the beginning of a 80 foot radius curve to the left; thence northwesterly along said curve an arc distance of 159.10 feet through a central angle of 113°56' 42"; thence South 66°03' 19" West 372.14 feet; thence South 24°07' 12" West 254.43 feet; thence South 38°38' 11" West 566.66 feet; thence South 05005' 55" West 1897.32 feet; thence South 12°50' 21" West 833.49 feet; thence South 07048' 19" W~st 495.35 feet; ther~ce South 46057' 31" West 323.73 feet; thence South 33030' 41" West 410.7.5 feet; thence South 17°32' 08" West 860.92 feet; thence South 07°42' 01" West 2094.94 feet to the beginning of a 599.00 foot radius curve to the left; thence southeasterly along said curve an arc distance of 1356.06 feet through a central angle of 129°42' 36"; thence North 57059' 25" East 911.61 feet; thence North 61 °35' 44" East 692.67 feet to the beginning of a 1239.00 foot radius curve to the left; thence northeasterly along said curve an arc distance of 946.35 feet through a central angle of 43°45' 45"; thence North 17°49' 59" East 1763.31 feet to the point of beginning. CITY COUNCIL 2.39 -*th Street · Bremerton. x3.'a.sl~ington 98337 · ~360} 478-5280 · FAX {360} 478-52S1 · citycoun¢il@ci.bremerton.wa.us OF B~MERTON ANNE~ON · ;7:'." :- OCT. O~ober 5, 2000 ~t~p Co~ Bound~ Renew Bo~d R~~~R~I~ ~tsap CounW Courthouse, MS - 35A 614 DMsion Strut Pon Orchard, W~Mn~on 98366 As required by RCW 36.93, a Notice of Intention is hereby given by: CITY OF BREMERTON As required by local rule of the Board, we are submitting the following information, attached hereto as part of this NOTICE OF INTENTION, to assist you in your consideration of this proposed action. The items submitted are numbered in accordance with the listing below: NOTICE OF INTENTION I. A Description of the Nature of the Proposed Action, Including a Citation of the Statutory Provision Under Which the Action Is Authorized. The City of Bremerton intends to change it boundaries by annexing 440 acres of unincorporated Kitsap County, known as the "Port Blakely Sub-Area," by the petition method pursuant to RCW 35.13.125-i 60. This. area has been established by Kitsap County in its GMA Comprehensive Plan as an Urban Growth Area consistent with RCW 36.70A. 110, and consequently the area is eligible for annexation under RCW 3 5.13.005. 2. A Brief Statement Regarding the General Background of and the Reasons for Seeking the Proposed Action. Kitsap County's 1998 Comprehensive Plan designated the "Port Blakely Sub-Area" for potential UGA expansion. Since then, the City of Bremerton and Kitsap County have implemented this designation through a series of actions: (1) a Memorandum of Agreement and Interlocal Agreement dated 8-24-98; (2) concurrent adoption of the Port Blakely Sub-Area Plan ("Sub-Area Plan"); and (3) concurrent approval of a Three-Party- Equal Opportuni~y~Employer * Kitsap County Boundary Review Board September 29, 2000 Page 2 Agreement. The Sub-Area Plan and Three-Party Agreement were adopted by the City on September 20, 2000, and by the Count>' on September 11. 2000. All of these actions are based on the annexation of this Sub-Area into the City of Bremerton. See e.g. "The [Kitsap] County will support the annexation in accordance with this [three-party] Agreement and the [Port Blakely] Sub-Area Plan." Sec. 2 of the Three-Par~.' Agreement. The Three-Party Agreement requires Port Blakely to submit its annexation petition to the City within 30 days after adoption of the Sub-Area Plan. Additional reasons for seeking the proposed annexation are set forth in the Sub-Area Plan, which amends the Comprehensive Plans of Kitsap County and the City. This annexation area has been designated for economic development through industrial, commercial and other employment-generating uses, in a mixed-use concept, along with supporting housing. The annexation is consistent with the Growth Management Act in allowS, rig the City, to be the primary.' service provider for utilities and services. 3. Legal Description. The legal description of the annexation area is attached as item 3. 4. Assessor Map. The KAtsap County Assessor map showing the annexation area and the current City boundaries is attached as Item 4. 5. Vicinity Map. The vicinity map with the annexation area and significant geographic features with a ½ mile surrounding area is attached as Item 5. 6. City Boundary Map. A map showing the current City of Bremerton boundaries is attached as Item 6. 7. A Review of Factors Stated in RCW 36.93.170 as They Affect the Proposed Action. 7.1 Population and Territory. (a) Population; Territory.; and Population Density. The 440-acre Sub- Area Plan is located west of the Kitsap Lake community along the north boundary of the City. The Sub,Area Plan allocates 900 single-family units (or up to 1,200 units of multifamily), which corresponds with a potential mixed-use housing population ranging from 2.238 to 2,724 people (i.e.. 900 to 1.200 units multiplied by 2.27 people/household per the housing element of the CiD' of Bremerton Comprehensive Plan). This mixed-use housing population is a reallocation of a portion of the City's existing population of 20,000 people. See Sec. 1.4 of Plan. Specifically, the reallocated population is reassigned from the City's downtown central business district and other business districts which were originally designated for mixed-use housing as "targeted development areas." As described in the Sub-Area Plan and appendices, this mixed-use housing Kitsap County Boundary Review Board September 29, 2000 Page 3 has not occurred in the original targeted development areas and consequently is being reallocated. (b) Land Area and Land Uses. The 440-acre Sub-Area Plan property currently is used for forestry, but has now been placed ~vithin the UGA established by the County. The annexation area is proposed for mixed-use development including the following: 2.25 million square feet of industr/al-commercial uses; 100,000 square feet of retail uses and up to 900 single-family equivalent houses (or 1,200 multi-family units at a conversion ratio of .75). Approximately 140 acres of the total 440-acre total area will remain open space and undeveloped due to critical areas. buffers and mitigation. See Sec. 1.2, 1.3, 3 and 4. ] of Sub-Area Plan for further description of land area and land uses. (c) Comprehensive Plans and Zoning. Both the Countv and City Comprehensive Plans designate this as an UGA area tbr industrial and mixed-use development under the Growth Management Act (RCW 36.70A). See Sec. 1.5 and 1.6 of the Sub-Area Plan. Upon annexation. zoning for the property, will be "Mixed-Use District" under the City's zoning code. (d) Service Agreements. The Sub-Area Plan contains a Capital Facilities element specifying the service providers and costs allocations or responsibilities for the same. The City will provide the following primary. basic services: water, sewer, stormwater, solid waste, parks and recreation, law enforcement, fire and emergency ser,,'ices. The County will provide certain administrative facilities such as courthouses and regional facilities. See Sec. 4.6 and 5 or the Sub-Area Plan. Other utilities will be provided by the service providers currently serving the area: Puget Sound Energy for electricity,; Cascade Natural Gas for natural gas; and U.S. West for telephone and telecommunications. See Sec. 6 of the Sub-Area Plan. No service agreements under Chap. 36.115 RCW nor 39.34 are applicable. (e) Interlocal Agreements. The Three-Party Agreement between the Cit.x. County and Port Blakely addresses annexation of the Sub-Area and constitutes the Interlocal Agreement called for in the County's 1998 Comprehensive Plan Policies UGA 6 through 13. See Sec. 2 of Three- Party Agm. Further, the City and County entered into a Memorandum of Agreement and Interlocal Agreement dated 8-24-98 which governed development of the Sub-Area Plan. Kitsap County Boundary Review' Board September 29, 2000 Page 4 (f) Per Capita Assessed Valuation. The assessed valuation for the Sub-Area Plan property is $68.200 based on the forest land classification under Chap. 84.33 RCW: currently there are no residents in the Sub-Area. (g) Topography, Natural Boundaries, Drainage Basins and Proximi~ to Other Populated Areas. The Sub-Area Plan describes the general site physical parameters. The site is generally level. Based upon preliminar?.' analysis, the steepest slopes are approximately' 15% and there are no identified areas of instability or seismic activity. Approximately 300 acres of the total 440 acres are unconstrained by critical areas. The remaining approximately 140 acres will be set aside to meet critical area regulations for streams, wetlands and buffers and for open space and consistent uses. The soils on the site vary in permeability. Drainage from the site flows primarily to Kitsap Lake. while approximately 2% to 3% of the site flows to Dickerson Creek. Both of these bodies of water feed into Chico Creek which is the home of an important salmon run. The Sub-Area Plan addresses mitigation measures for drainage and fish habitat and the scope for further environmental analysis. See Sec. 4.2 of the Sub-Area Plan. The site is generally separated by major topographic features: Dickerson Creek on the west and north; steep slopes on the north, east, south and northwest; and the BPA power line corridor and railroad corridor on the east. The residential area around Kitsap Lake has been built out. The only proximate residential neighborhood surrounds Kitsap Lake, with houses located approximately 300' (from the north end) to 900' (from the middle and south end) as measured from the eastern boundaD' of the Port Blakely Sub-Area boundary,. See Fig. 2 and 3 of the Sub-Area Plan. (h) No Prime Agricultural Soils and Uses. The site does not contain prime agricultural soils or uses. The site is used for timber harvesting. The Sub- Area was not designated by the County as appropriate for forest lands of long-term commercial significance under the GMA. (i) Likelihood of Significant Growth in the Area and Adjacent Areas. The Sub-Area Plan itself is anticipated to develop as mixed use as described above in the land use discussion (Subsection 7. l(b) above). The adjacent County unincorporated areas are not expected to change in the next 10 years since they are not outside of the urban growth areas designated under the GMA. The site is generally separated by major topographic features: Dickerson Creek on the west and north: steep slopes on the north, east. south and northwest: and the BPA power line corridor and railroad corridor on the east. The residential area around Kitsap Lake has been built out. Consequently', the impact of development on unincorporated areas is anticipated to stav directly' within the annexation Kitsap County Boundary Review Board September 29, 2000 Page 5 area. See Fig. 3 and 6 of the Sub-Area Plan. The adjacent incorporated areas already within the City. may be developed consistent with the City's Comprehensive Plan and its ability to provide services. (j) Community. Facility. Location. The community facilities currently provided by the City of Bremerton are set forth generally in the City's Comprehensive Plan. The Sub-Area Plan for Port Blakelv describes the contribution of rights of way or funds for various capital facilities as development conditions. Existing Fire Station No. 2 can serve this site and meet LOS for fire and emergency services. See Sec. 5 of the Sub-Area Plan. There likely will be some utility facilities on-site such as reservoirs. The Sub-Area Plan did not identify any major additional community facilities on-site, but this will be further evaluated during the master planning. Contribution of fair share funding will be made as set forth in the Capital Facilities element of the Sub-Area Plan for off-site facilities. See same. The Three-Party Agreement contains a master transportation agreement between the City., Count',, and property owner for transportation studies and specific access improvements. See Sec. 3 of Three-Parry Agm. 7.2 Municipal Services; Prospects From Other Sources; Probable Future Needs. (a) Need for Municipal Services. The Sub-Area Plan sets forth the required municipal services and facilities for the annexed area. See Sec. 5 and 6 of the Sub-Area Plan. The City, has issued certificates of sewer and water availability consistent with existing City regulations. The City. will provide other services as noted in Subsection 7. l(d) above, including fire and emergency services, law' enforcement, parks, stormwater, water and sewer. The Capital Facilities element of the Sub-Area Plan sets forth the LOS standards for development within the annexation area consistent with existing codes and development regulations. See same. The Bremerton School District will provide school service. (b) Effect of Codes, Regulations on Existing Uses. The existing uses in the Sub-Area are governed by County, codes and state regulations for forest operations. Upon annexation, the Sub-.Area will be governed by the City's codes and regulations, along with special environmental controls set forth in the Sub-Area Plan and Three-Party Agreement. See Sec. 4.2 of the Sub- Area Plan and Sec. 5 and 6 of the Three Paro' .4gm. (c) Present Cost and Adequacy of Services and Controls in the Area. The Capital Facilities element of the Sub-Area Plan sets forth the existing adequacy of services for the existing uses. and identifies those services and funding sources to provide expansion of services and facilities. The Kitsap County Boundary Review Board September 29, 2000 Page 6 cost of existing municipal ser~'ices is minimal to the site due to its forestry. use. Regulatory, controls by the county and state for existing uses are adequate. (d) Probable Effect and Cost and Adequacy of Services and Controls in Area and Adjacent Area. The Sub-Area Plan identifies the estimated costs for extending services and controls. The Capital Facilities element shows adequate levels of service, costs and funding sources and related information for infrastructure to serve the annexation area. See Sec. 5 of the Sub-Area Plan. The Three-Party Agreement contains a master transportation agreement, with joint funding of $2.4 million by each party.. individual funding responsibilities of Port Blakely, and phasing and analysis for transportation needs. See Sec. 3 of the Three-Parry Agra. The transportation improvements will benefit adjacent areas. No growth is expected in adjacent unincorporated areas requiring additional services. (e) Prospects of Governmental Services from Other Sources; Probable Future Needs for such Services and Controls. The City does not require services from other sources to serve the site, as reflected in the Capital Facilities of the Sub-Area Plan. See Sec. 5 of the Sub-Area Plan. Transportation improvements may seek state or federal funds, grants or other sources as a result of the studies under the master transportation plan. See Sec. 3 of the Three-Par&' Agra. Improvements to County. roads will be identified and contributions made as a result of the master plan to be prepared as required under the Three-Party Agreement. (f) Probable Effect of Proposal on Cost and Adequacy of Services. The Capital Facilities element sets forth the costs as estimated currently for services to the Sub-Area. All services are shown as adequate currently or with concurrency, phasing and contributions as development occurs at the site. See Sec. 5 of the Sub-Area Plan. The City. has issued certificates of sewer and water availability consistent with existing City regulations. See also answers to Subsections 7.2(a) and (d) above. (g) Effect on Finances, Debt Structure and Contractual Obligations of Governmental Units. No significant impacts are expected on finances. debt structure or contractual obligations of governments. The land owner is obligated to pay its fair share of expanding services and facilities and is obligated to pay for the environmental and planning review required. See Sec. 5 of the Sub-Area Plan: Sec. 3. 4 and 5 of the Three-Par~,' ,4gm. The compensating tax to be paid by the owner when the land is removed from the forest land taxation will be paid the County. Sec. lO o. fthe Three-Paro: Agra The approved Three-Party Agreement does commit the City and 53 Kitsap County Boundary, Review Board September 29, 2000 Page 7 County to contribute up to $2.4 million as part of the joint master transportation plan on the terms set forth therein. Sec. 3 of the Three-Par~ Agm. Future transportation funding decisions will be made by the City and County respectively. Same. 7.3 Effect on Adjacent Areas, Mutual Economic and Social Interests and Local Government Structure of the County. The Sub-Area Plan calls for environmental and aesthetic mitigation to avoid any significant adverse effects on adjacent areas. The Sub-Area Plan sets forth a series of performance standards and a detailed scope for further environmental review as part of the master plan which is required before development of the annexation property. The only proximate residential neighborhood surrounds Kitsap Lake, with houses located approximately 300' (from the north end) to 900' (from the middle and south end) as measured from the eastern boundary of the Port Blakely Sub-Area boundao,'. See Fig. 2 and 3 of the Sub-Area Plan. The annexation area is undertaken expressly to advance mutual economic interests of the City and CounW. The area was identified as necessary to expand Kitsap Count-y's overall industrial and employment base. The annexation is not expected to have any adverse affect on social interests nor on the structure of local government within the County. The City. will be the primary provider of services consistent with the Growth Management Act and the allocation of responsibility. provided in the Plan and the Three-Party Agreement. 8. A Review of the Effect of the Proposed Action Upon the Objectives Set Forth for the Bounda~ Review Board in RCW 36.93.180. 8.1 Preservation of Natural Neighborhoods and Communities. The annexation area is adjacent to the existing City boundary.. Once developed under the MXD zoning and Sub-Area Plan, the site will create natural neighborhoods and communities. The project will meet the mixed-use criteria in the subarea plan and will create a strong sense of community. It also will contain mitigation to reduce off-site impacts on the Kitsap Lake residences, which are located at least 300 to 900' from the boundar?.' of the site and situated on the opposite side of the BPA corridor, the railroad corridor and West Kitsap Lake Road. 8.2 Use of Physical Boundaries. The 440 acres was selected in large part using physical boundaries and topography. The site is relatively flat. The City' and County previously moved the annexation boundaries to eliminate all but 2% to 3% on the land from the Dickerson Creek drainage basin as a mitigation measure for salmon. The annexation area also was configured so that maximum relatively flat developable areas were included and critical areas or other constraints were minimized. The site is generally separated by major topographic features: Kitsap County Boundary Review Board September 29, 2000 Page 8 Dickerson Creek on the west and north; steep slopes on the north, east, south and northwest: and the BPA power line corridor and railroad corridor on the east. 8.3 Creation and Preservation of Logical Services Areas. The annexation area will be a logical extension of the City's service areas as reflected in the Capital Facilities element of the Sub-Area Plan. As a mixed-use area, services will be efficient and numerous facilities can serve "double" by being available for both residential, commercial and related uses. 8.4 Prevention of Abnormal, Irregular Boundaries. The annexation area does not have abnormal, irregular boundaries. The shape is dictated in part by topography and physical features and in part by a location of the existing road system and existing railroad corridor. 8.5 Discouragement of Multiple Incorporations. The annexation will not result in a new incorporation of small cities. Bremerton is an existing major urban area and annexation would be consistent with the discouragement of small cities. 8.6 Dissolution of Inactive Special Purpose Districts. The proposal does not dissolve any inactive special purpose district. 8.7 Adjustment of Impractical Boundaries. The proposal does not affect or adjust impractical boundaries. 8.8 Incorporation or Annexation of Urban Character Areas. This area was designated under the Growth Management Act as appropriate for annexation and urban development. The size and approximate location of this UGA was reviewed and upheld by the Growth Hearings Board based upon the County's study and need for additional industrial lands and employment base. [GMHB Final Decision and Order, dated 2/8/99; Compliance Order, dated ! 0/! 1/99. l The GMA defines "characterized by urban growth" as both land having urban growth on it or land "located in relationship to an area with urban growth on it as to be appropriate for urban growth." RCrF 36. 70A. 030(17). The County's UGA designation and the GMHB affirmation establishes the appropriateness of this property for urban development. 8.9 Protection of Agricultural and Rural Lands Designated for Long-Term Agricultural or Resource Use. This site has not been designated for long-term agricultural or forestry, use under the GMA. Although this land historically has been used for foresto', the County reviewed and expressly determined not to designate this land as long-term forestry, land. See GMHB Compliance Order. dated lO~! ]/99 Kitsap County Boundary Review Board September 29, 2000 Page 9 9. Filing Fee. The $50 filing fee is enclosed. 10. The Statement of the Current Status of Environmental Review of the Proposed Action Including Complete Documentation of the Environmental Review to Date. The City and County have adopted phased environmental review for the Sub-Area Plan. Three-Party Agreement, and related Comprehensive Plan and zoning actions. These include the proposed annexation of the Sub-Area to the City as covered in this Notice of Intent. The County. and City adopted the Sub-Area Plan and related Comprehensive Plan amendments, and Three-Party Agreement, based upon the revised Determination of Significance and Adoption of Environmental Documents. See City and County SEPA determinations attached. The adopted prior documents include the final EIS issued August 23, 1994 for the County's Comprehensive Plan; the Final SEIS issued December 2, 1996; and Addendums issued March 12, 1998 and April 11, 1998. The adequacy of these environmental documents have been upheld by the GMHB. The next SEPA phase, a project-level master plan EIS, is required under the Three-Party Agreement. See Sec. 4 of the Three-PartyAgm. The Sub-Area Plan itself contains an extensive scope for that project-level EIS. See Vol. I, Appen. ! of the Sub-Area Pldn. The project-level EIS will be required before any development of the site. See Sec. 4 of the Three-Party Agm The total acres of the property, involved in this proposed action is 440 acres, and the total assessed valuation of said property is $68,200 based on the forest land classification under Chap. 84.33 RCW Kitsap County Boundary Review Board September 29, 2000 Page l0 Notice: Process and other communication regarding this proposed action should be directed to the initiator of this proposal as follows: Paula Johnston, City of Bremerton 239 4"' Street Bremerton, Washington 98337 Phone: (360) 478-5311 Fax: (360) 478-5200 Respectfully submitted, City Council CITY OF BREMERTON Caro ends, PrOsier Attachments: Copy of City Resolution Accepting Annexation Area Copy of Port Blakely 100% Annexation Petition Legal Description (Item 3) Assessor Map (Item 4) Vicinity Map (Item 5) City Boundary Map (Item 6) SEPA Determination of City and County. Port Blakely Sub-Area Plan Three-Party Agreement BREMERTON PLANNING COMMISSION RESOLUTION NUMBER 2000 - 06 WHEREAS the Bremerton Planning Commission is recommending the adoption of the initial Development Agreement, containing threshold development standards, between the City of Bremerton and Port Blakely Communities, which initial Development Agreement implements certain provisions of the Port Blakely Joint Planning Area Sub-Area Plan and the Three-Party Agreement including classification of the 440 acre site now commonly known as the Port Blakely Sub Area as a Mixed Use District (MXD) zone upon annexation. The Bremerton Planning Commission makes the following findings: WHEREAS, the City amended its 1995 Comprehensive Plan by Ordinance No. 4722 on September 20, 2000 to adopt the Port Blakely Joint Planning Area Sub-Area Plan as an amendment to the City Comprehensive Plan; and WHEREAS, the City Council of Bremerton also approved the Three-Party Agreement by Ordinance No. 4722 on September 20, 2000, which established certain terms and conditions relating to the Port Blakely Sub-Area; and WHEREAS, the City adopted Ordinance No. 4723 on September 20, 2000 amending Title 21.02, Zoning, of the Bremerton Municipal Code to include the Mixed Use District (MXD) zoning classification; and WHEREAS, execution of a Development Agreement to initiate the application of the Mixed Use District (MXD) zone classification upon annexation is consistent with implementin'g provisions of the Port Blakely Sub-Area Plan and Three-Party Agreement for mixed use development, land uses, open space, infrastructure and services upon; and WHEREAS, the initial Development Agreemen~attached hereto as Exhibit C applies specific project elements and threshold Development Standards to the Port Blakely Sub Area consistent with the State's Development Agreement Statute, RCW 36.70B. 170 et.seq., and Bremerton Municipal Code § 21.02.900; and C:\WINDOWSXDesktop\xwattLPC-Dev As.m Res 2000-06.doc WHEREAS, the Bremerton Planning Commission held a public hearing on the proposed initial Development Agreement and proposed MXD zoning classification on October 17, 2000, and at the conclusion of.such hearing determined that the initial opment Agreement, ~o~l"~e recommended for approval by the Bremerton City Council and the Port Blak~ely Sub-Area receive the Mixed Use district zoning classification; now: THEREFORE, BE IT RESOLVED, that the Bremerton Planning Commission ~,,~ recommends to the Bremerton City Council that the initial Development Agreement,~ attached hereto as Exhibit C, subject to future amendments through adoption of a Master Plan for the Port Blakely Sub-Area, be approved, and that upon annexation, the Mixed Use District (MXD) zoning classification be assigned to the Port Blakely Sub- Area, and, the Mayor be authorized to sign the initial Development Agreement on behalf of the City of Bremerton. PASSED by the Planning Commission of the City of Bremerton, this ~¢' day of f~f~'~.~J~/ , 2000. At'drew .~Kosusk0 Chairperson ATTEST: Pattie Haas Planning Commission Clerk Exhibits: Exhibit A-Map of Port Blakely Site. Exhibit B--Legal Description of Port Blakely Site. Exhibit C-Initial Port Blakely Development Agreement C:\WINDOWS~)eslctop\wyattLPC-Dev Agm Res 20004)6.doc 2 Area Code (:t60) 598-3311 Fax 598-6295 THE SUQUAMISH TRIBE P.O, Box 498 S,JCL~aml~h, Washington 98392 November 29, 2000 The Honorable Lynn Horton Bremerton City Co~cil Members City of Bremenon 239 fourth Street Bmmerton, WA 98337 RE: Draft Initial Development Agreement Between The City of Bremert~n and Port Blakely Dear Sirs: '¥h¢ Tribe has reviewed the recommended amendmem:~ to *.he above-mentioned agreement submilted by Kitsap County and fully supports ~hem. Additiocally, the Tribe continues to object to the attempt to "vest" the projec! at what beth the City and Port Blakely admit is a mere "general concept for development" for the ~easons set forth in th~ Tribe's Novembe. r 14, 2000 written testimony addressed to lhe Bremerton Planning Cormnission, which is hereby incorporated by reference, Reapectfully~ OFFICE OF '['HE TRIBAl. ATTORNEY Scot[ Wheat, WSBA ~5565 Attorney for the Suquamish Tribe Ar&a Coc~® (360) 598-3311 Legal Dept. FIx (360) 59&-4223 , _legmlO ~u,cj,uamilh.nsn.u$ THE SUQUAMISH TRIBE PO Box 498 Suquamllh, Wa~hington 98392 November 14, 2000 Br~m~rton Planning Commission Bzemerton Department of Communivy Developmen~ 286 4th Street Bremerton, WA 98337 RE: Initial Development A~veement Between the City of Bremerton and Port Biakely The Suquamish Tribe ("Tribe") hereby submits the following testimony in opposition to approval by the Bremerton Planning Commission of the Above-Mentioned Agreement: The Initial Develo_oment Agreement Erroneoqsl¥ Attempts to..Vest the Proposed Prolect. The Initial Development Agreement ("IDA") inappropriately attempts to vest the proposed project what both th= City and Port Blakely admit is a mere "general concept for development." See IDA. Tellingly, the IDA points to no City ordinance which would allow vesting at such a "general" and "conceptual" stage. There has been no short plat submitted, nor has there even been a "preliminary stte plan" submitted for review. Further, the Tribe specifically disagrees with the assertion within the IDA that its general and conceptual proposal vests under state law. The Port Blakely Property at issue CPBP") is not at this time within city limits (as the I(,itsap County Boundary Review Board has yet to consider the proposec[ annexaraon), nor has the recent UGA designation of b~th the Cit3' and the County for the PBP survived the statutory period for filing an appeal to the Central Puget Sound Growth ManagcrrlCrlt Hearings Board. This statutory period ciocs not mn until November 24, 2000. The vesting regirr~ proposed in the IDA repre,,~¢nts an attempt to prematurely vest the general, conceptual plan prior to appeal and/or petition to the mentioned administrative bodies - bodies with authority under state !aw ('RCW 36.70^ et seq. and RCW 35.13 et seq) to deny the proposed UGA designation and proposed annexation. The Planning Commission should simply not r~commend that the project vest prior to expiration of the statutory. period for filing an appeal. The SEIS process contemplated in Attacb. Jnent C reveals the City and Port Biakely may allow substanfi al deviations from yet-to-be developed Master Plan requirements. Yet, presumably, they would also have [he yet-to-lm-contcmplaled deviations vested as well. Such an approach should be r~jectecl out of hand, as it is an attempt to vest undefined projects to undefined standards. N©U-I-~-Z~DL4 14: d? ~BLJQUAM I SH LEGAL ~,. v_,.~,. ~ The IDA constitutes an attempt to vest the property to a (ail:mit general and conceptual) zoning scheme, and as such is subject to SEPA notice and scoping requirements - none of which occurred hez:. Finally, the IDA erroneously assumes that prior SEPA documents issued in connection with the project somehow "cover" the IDA. Yet no such SEPA documents have addressed the novel vesting scheme proposed in thc IDA. Thus the IDA is beyond the scope of prior SEPA documents. Approval of the IDA without an additional SEPA determination would thus fall astray from SEPA requirements. PARAGRAPH6,! P0a'~graph 6.1 contemplates the possibilily of a reTon___.~c within the stibizcr ar~a. Nowhere cio the Subarea Plan and Three Party Agreement contemplate, much less allow for, such a possibility. This Paragraph should thus be stricken in its entirety. PA RAI~RAPH '/.3 Pazagraph '7,.3 woulcL allow tmcLefincd "minor modifications" from yet rc be established development requirements to be approved on a purely administrative level, which pres~imably means that such mocLificarions would escape the normal procedural safeguards mci substantive requirements act forth in ~e Bremerton MurticipaI Code. This paragraph should be s~¢kzn for this remon alone. Additionally, however, this approval process suffers from the lacl< of a definition of what constitlitcs a "minor modification" and is therefore bet'cfr of the "regulatory sideboards" required by prior Ccritral Puget Sound Growth Management Hcaring~ Board decisions concerning similar issues. The proposed "l:h'oject Envelope" process .,'tricots an attempt, via contract, to shirk the normaI SEPA review proc=ss set forth in the Brcmerton Municipal Code. It is inappropriate for those within the gambit cf the development to be exempt from requirements that all of resMems of the city must comply with. R~pcctfully s~lbmittecl this 14th ctay of November, 2000. OFFICE OF TIlE TRIBAL. ATTORNE-~' Scott Wheat, WSBA #25565 A=orney for the Suquamish Tribe TOTAL F. ~33 T. kLKING POINTS CITY COUNCn~ PORT BLAKELY November 29, 2000 ACCO~ING TO THE T~EE P:~' AGREE~NT: ~l. ~OW ~'C" OF BREMERTON T~AYERS MONEY WILL BE SPE~ ON THE PROJECT ? WE HE~ T~T ONE ~LLION DOLL'S ~LL BE SPE~ ON RO~S. ~T RO~S - ~RE - O~R ~T PERIOD OF T~ ? ~S B~MERTONL~ED AN~NG FROM ~E ISSAQUAH DEVELOPME~ BY ~E SAME COMPANY ? IT ~PORTED ~A T ~NSPORTA ~ON , E~OSION, PROBLEMS E~ST WI~ ~CH ~ND CLEA~D AND NO CONSTRUC~ON STARED. B~LD~G ~W ~~ FORESTED L~ ~PE~S TO BE A COSTLY ~ERTAK~G FOR ~ S~OU~G CO~~ITIES. ~2.. HOW ~ ~LLIONS OF T~AYERS MONEY ~LL BE SPENT ON INF~STRUCT~E FOR ~E PRO'CT ? HOW ~CH B~RTON MONEY ~CH COULD BE SPENT TO ~VITALIZE ~ EXISTING CO~~ WILL BE EXPORTED TO T~ PORT BL.~ELY PROJECT ? ~T BENEFIT IS T~ PORT BLAKELY PRO.CT TO BRE~RTON ? WILL THERE BE LONG TE~ JOBS CREATED ? ~3. ~VE THE COUNCIL ~ THE ~YOR AB~ONED ~ REWT~ZATION OF BRE~RTON INVITING a ~T~R CITIZEN EXODUS FROM EXISTING NE~G~mOmtOODS - TO "NEW" HOUSING AT PORT BLAKELY - WI~ NO P~CTICAL T~NGIBLE BE~FITS FOR THE PRESENT NEIG~O~OODS ON THE HOR~ON EXCEPT PE~S A DRE.&M OF A POSSIBLE EVE~U~ L~¢ER T~X BASE ~4. MOST RESPONSIBLE CON~a;NITIES BUILD MORE HOUSES, ~ EXP~N~ HOUSING ~EAS ON THE BASIS OF THE N~IBER OF NEW CIT~ENS SEEKLNG EN~LOY~NT WITHIN THE EXISTING BOU~.~IES OF T~ CON~NITY. ~T IN THE WORLD ~E BRE~RTON'S ~ASONS FOR B~ENING EXISTING CITIZENS TO FIN.~NCE ~-~-~7~~'PROJECT ? gS. THIS CITY ~S STE.~FASTLY REAECTED THE FACT T~T ~RE~mRTON IDEALLY SITUATED TO BE ~N' EXP~'SION BEDROOM CON~:NITY FOR ~E EAST SOU~ CITIES ..... PRIDE .~ S~;BBO~NNESS LOCALLY DICTATENG T~T WE W.~T TO BE .&N I~EPEN~ENT SELF SL~PORTING CON~'NITY - GROWING IN I~US~Y .~N~ POP~ATION ON Ok~ OWN MERITS. SO NOW YOU GO :~N~ FL~THER F~&GMENTIZE THE POPULATION WITHOUT E;~N A ~ OR PRONHSE OF MORE BUSLNESS CONING INTO THE :~EA. _ _ -~Z~ -~---_V- HOW DOES T~S SQU~E~NG OF RESOL~CES .&~ T~X INCO~ RELATE TO T~ "N~STER PL.~ FOR GROW~ ~&NAGE~NT" ? AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing and First Reading of FOR AGENDA OF:.~.~ ..... .... .._..~-A- -~-,~" ~.~.,, Ordin~ceg ~ regarding adoption of ~ Initi~ O~GINATING DEPT.: DCD Development Agr~ment for the prope~ commonly ~own O~GINATOR: L~ A. WyaR, Planer as the Po~ Bl~ely Sub-Area which establishes a M~ed Use DATE SUBMITTED: November 20, 2~ District (~D) zoning ci~sification for the prope~ upon ~nexation. 2. CLEA~N ~omm~n[ _on back if 3. EXHIBITS: necessa~) C~~ CC Or~ce~ D~FT 11-17 Adopting Bldg & Ping Dir.: ~ an Initi~ Development Agreement, for the , site commonly ~own ~ ~e Po~ Bi,ely Ci~ ARo~ey: prope~, ~d applying the M~ed Use District (~D) zone classification to the ai~ Clerk: ~ ~ ~ prope~ simult~eously with ~nexation. Ops Chairman: _ . ~ ! =~-~ g ........ ENDORSEMENT ~ [NFO~TION APPRO~D BY COUNCIL PRESIDENT FOR SUBMITTAL: ~YOR~ ~ ~~ COUNCIL PRESIDENT A~ ~'~~ 4. SUM~RY STATEMENT AND ~OUIR~M~NT ~OR COUNCIL ACTION: Yhe Ci~ of~reme~on, ~t~p Co~ and ~o~ ~l~ely Co--unites (land o~er/developer) have c~ratively prepared ~d adopted a T~ee-P~ Agreement which established ce~ain te~s and conditions rela~ng to a~exation of the Po~ Bl~ely Sub-Area Plan, a large parcel of land (approximately 440 acres) located to the ~vest of ~t~p L~e. The C~b' has amended its ~995 Comprehensive ~1~ and the Zom~g C~e in such a manner as to facilitate a~e~on of the Po~ Sub-~ea. Con~quen~y~ the CiW has received a ~ti~on to ~nex the pro~ from ~e develo~r and has lo,yarded the No~ce of Inten~on of Bremenon ~exa~on to the Kitsap CounW Bounda~ Reviexv Bo~d. Adop~on of the Development Agreement ~d class~ca~on of the Po~ BlUely Sub-~ea as a ~xed Use Dis~ct ~) zone u~n annexa~on implements a~eed u~n provisions of the adopted Po~ ~l~ely Sub-Area PI~ and the Tl~ee Pa~~ Agreement. 5. RECOMMENDATION~ I move to ~5 ou ~& ~, O~t ~q?q~ of the Breme~on CiW Council ~zoning ~e site co--only ~own as the Po~ BlUely pro~ u~n ~exation as autho~zed by the CiW's Comprehe~ive Plan by Or~n~ce No. 4722; appl~ng ~e "~x~ U~ Dis~ct (~) zone class~cation for the site as established by Ordin~ No. 4723~ ~d adop~ng an I~al D~elopment A~reemen~ as pa~ of the site s~c~c zoning. 6. ~SPONSIBLE OFFICIAl: _Director, B&PD ~NFORC~MENT O~ICIAL: EXPIATION DATE: N/A REVIEW 0ATE: N/A PULLED TABLED , APPRO~D DISAPPRO~D AMENDED COUNCIL DIR~ETI~: DATE: 8. AGENDA BILL NO.: 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: Failure to approve the Ordinance would result in the inability of the proponents, City of Bremerton and Port Blakely Communities, to proceed with the proposed mixed use development through further commitment (fiscally and technically) to the development of the Master Plan, EIS preparation and completion of the concluding Development Agreement. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Additional staff resources will be required to continue the review and development of the proposed Master Plan, EIS preparation, and the Master Plan Development Agreement. 12. RESEARCH SOURCES: Bremerton Comprehensive Plan Port Blakely Joint Planning Area Sub-Area Plan Bremerton Zoning Ordinance Volume I, dated Sept 20, 2000 (Sept 11, 2000, Kitsap Co.) Kitsap County Comprehensive Plan Volume II, dated Sept 20, 2000 (Sept 11, 2000, Kitsap Co.) Kitsap County Zoning Ordinance Three-Party Agreement between City ofBremerton, Kitsap RCW 35.13.177 and. 178 County, and the land owner - Port Blakely RCW 36.70A. 10 Communities File ORDINANCE NO. AN ORDINANCE OF THE CITY OF BREMERTON, WASHINGTON ZONING THE SITE COMMONLY KNOWN AS THE PORT BLAKELY PROPERTY UPON ANNEXATION AS AUTHORIZED BY THE CITY'S COMPREHENSIVE PLAN BY ORDINANCE 4722; APPLYING THE "MIXED USE DISTRICT" (MXD) ZONE FOR THE SITE AS ESTABLISHED BY ORDINANCE NO. 4723; AND ADOPTING A DEVELOPMENT AGREEMENT AS PART OF THE SITE-SPECIFIC ZONING. The City Council of Bremerton makes the f'ollowing findings: WHEREAS, tine City amended its 1995 Comprehensive Plan by Ordinance No. 4722 on September 20, 2000 to adopt the Port Blakely Joint Plamfing Area Sub-Area Plan as an amendment to tine City Comprehensive Plan, and WHEREAS, tine City Council of' Bremerton also approved the Three-Party Agreement by Ordinance No. 4722 on September 20, 2000, and Kitsap County approved the Three -Party Agreement by Ordinance No. 249-2000, on September I 1, 2000, whicln Three -Party Agreement established certain terms and conditions ~'eiating to the Port Blakely Sub-Area site COlnrnonly known as the Port Blakety property Cl-'rC)l)e~'ty"), and WHEREAS, the City of Bremcrtou, the Kitsap County Board of Commissioners and Port Blakely Cornmunities executed the "Fin-ce -l~m'ty Agreement consistent with and implementing the Port Blakely Sub-Area Plan for mixed c~se de'~elopment, land uses, open space, infrastructure and services, and WHEREAS, upon annexation of`th~: P~'ope~'ty by the City, the City's Comprehensive Plan amendments in Ordinance No. 4722 authorized the zoning of the site f'rom its Kitsap County Transitional Zone under tine Tlnree-Part'~' Agl-eement and Kitsap County Code to the "lMixed Use District" (MXD) zone under the g~-emcrtt)~ :\'lunicipal Code. ~Fhe MXD zoning category was 1 added to the Bremerton Municipal Code by Ordinance No. 4723 adopted on September 20, 2000, and WHEREAS, the Development Agreement attached hereto as Exhibit C implements and is authorized by the Sub-Area Plan and Three-Party Agreement by applying specific project elements and development standards to the site consistent with the state's development agreement statute, RCW 36.70B. 170 ct.seq., and Bremerton Municipal Code § 21.02.900, and WHEREAS, the Bremerton City Council held a public hearing on the proposed MXD zoning and development agreement on November 29, 2000, and at the conclusion of such hearing determined that the Port Blakcly Sub-Area property should be zoned "MXD" and a development agreement adopted concurrently as part of the zoning, NOW, THEREFORE, THE CITY OF BREMERTON DOES [-IEREBY ORDAIN AS FOLLOWS: Section 1. MXD Zoning; Development Agreement. Tile Port Blakely Property, as set forth on Exhibits A and B, is hereby zoned to Mixed Use District CMXD"), upon annexation, as authorized by the City's Comlorehensive l:qan (including the Port Blakely Sub-Area Plan) as amended by Ordinance 4722, and the Kitsap County Transitional Zoning under tile Three-Party Agreement and the Kitsap County Code shall no longer apply to tile Port Blakely Property. The Development Agreement attached hereto as Exhibit C is approved as part of the site-specific MXD zone for the Port Blakely Property, and the Mayor is authorized to sign the Development Agreement in substantially the same l'o~'n~ as Exhibit C. Section 2. Effective Date. This o~'dmance shall take effect ten (10) days following passage and publication. The City Clerk shall certit'y this adoption ordinance to the Kitsap County Commissioners upon tile orctimmcc et-l'ective date. APPROVED by the City Council on the first reading this__ day of ,2000. PASSED by the City Council ot-' Bremerton this __ day of ,2000. Carol Arends, Council President APPROVED this __ day or' ,2000. Lynn S. Horton, Mayor ATTEST: Kathleen McCluskey, City Clel'k Exhibits: Exhibit A--IVlap of Po~'t Blakely Site. Exhibit B--Legal Description of Port B[akely Site. Exhibit C--Development Ag~'eement tbr Port Blake[y with MXD zone 3 Parametrix. /nc. EXHIBIT A--MAP OF PORT BLAKELY SITE 1 ~ FIL~': I:'IGUR~07 o^~: ~o/o,/o~ r Port Blokety Boundary Section line ~ I I O Proposed Oevelopment 0 600' 1200' Boundary Port Blakely 1"=1200' Topoqrophy from Walker and Associates Joint Planning Area EXHIBIT B--LEGAL DESCRIPTION OF PORT BLAKELY SITE LEGAL DESCRIPTION PORT BLAKELY JOINT PLANNING AREA That portion of Sections 7, 18 and 19 of Township 24 North, Range I East of the Willamette Meridian in Kitsap County, Washington, described as a whole as follows: Beginning at the section comer common to Sections 17, 18, 19 & 20 of said Township and Range; thence along the east line of said Section 18, North 02°33. 36" East 2650.40 feet to the east 1/4 section comer of said Section 18; thence continuing along said east line of said Section-18, North 02°13' 37" East 2665.51 feet to the section comer common to Sections 7, 8, 17 & 18 of said Township and Range; thence along the east line of said Section 7, North 03°14' 29" East 273.70' feet; thence South 49°06' 36" West 394.86 feet; thence South 22° 15' 57' West 435.82 feet; thence South 51 °04' 39' West 573.87 feet; thence South 72°21' 49" West 281.90 feet to the beginning of a 113 foot radius curve to the right; thence northwesterly along said curve an am distance of 212.28 feet through a central angle of 107°38' 11"; thence North 208.41 feet to the beginning of a 80 foot radius curve to the left; thence northwesterly along said curve an arc distance of 159.10 feet through a central angle of 113°56. 42"; thence South 66°03' 19" West 372.14 feet; thence South 24°07' 12" West 254.43 feet; thence South 38°38. 11" West 566.66 feet; thence SOuth 05°05' 55" West 1897.32 feet; thence South 12°50' 21" West 833.49 feet; thence South 07°48. 19" W6st 495.35 feet; ther~ce South 48°57' 31" West 323.73 feet; thence South 33°30' 41" West 410.7.5 feet; thence South 17°32' 08" West 860.92 feet; thence South 07°42' 01" West 2094.94 feet to the beginning of a 599.00'foot radius curve to the left; thence southeasterly along said curve an arc distance of 1356.06 feet through a central angle of 129°42' 36"; thence North 57°59. 25" East 911.61 feet; thence North 61 °35' 44" East 692.67 feet to the beginning of a 1239.00 foot radius curve to the left; thence northeasterly along said curve an am distance of 946.35 feet through a central angle of 43°45' 45"; thence North 17°49. 59" East 1763.31 feet to the point of beginning. After Recording Return to: Davis Wright Tremaine LLP 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101-1688 Attn: Thomas A. Goeltz EXHIBIT C INITIAL DEVELOPMENT AGREEMENT Between PORT BLAKELY AND CITY OF BREMERTON Grantors: Po~ Blakely Tree Farms (Limited Partnership), a Washin~on limited partnership; and City of Breme~on, a Washington municip~ corpormion Grantees: Po~ Blakely Tree Farms (Limited Partnership), a Washington limited partnership; and City of Breme~on, a Washington municipal corpor~ion Abbrevi~ed Legal Description: Potions of Section 7, 18 and 19 of Township 24 North, Range 1 East of W.M. in Kksap CounW, Washin~on Addifion~ Legal Description: A~achment A Assessor Property Tax Parcel Account Numbers: 072401-4-050-2001 192401-1-002-2002 182401-1-001-2004 192401-1-003-2001 182401-1-003-2002 192401-1-004-2000 182401-1-004-2001 192401-1-005-2009 182401-1-005-2000 192401-1-006-2008 182401-1-006-2009 192401-1-007-2007 182401-1-007-2008 192401-1-008-2006 182401-1-008-2007 192401-1-009-2005 182401-3-007-2004 192401-2-001-2001 182401-4-001-2008 192401-2-002-2000 182401-4-002-2007 192401-3-002-2008 182401-4-003-2006 192401-3-003-2007 182401-4-004-2005 192401-4-007-2001 182401-4-005-2004 192401-4-008-2000 182401-4-006-2003 182401-4-007-2002 182401-4-008-2001 After Recording Return to: Davis Wright Tremaine LLP 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101-1688 Attn: Thomas A. Goeltz INITIAL DEVELOPMENT AGREEMENT Between PORT BLAKELY AND CITY OF BREMERTON Grantors: Pon Blakely Tree Farms (Limited Partnership), a Washington limited partnership; and Ci~ of Bremenon, a Washington municipal corpor~ion Grantees: Pon Blakely Tree Farms (Limited Partnership), a Washington limited partnership; and City of Bremenon, a Washington municipal corpormion Abbreviated Legal Description: Potions of Section 7, 18 and 19 of Township 24 North, Range 1 East of W.M. in Kitsap County, WasNngton Additional Legal Description: Attachment A Assessor Property Tax Parcel Account Numbers: 072401-4-050-2001 192401-1-002-2002 182401-1-001-2004 192401-1-003-2001 182401-1-003-2002 192401-1-004-2000 182401-i-004-2001 192401-1-005-2009 182401-1-005-2000 192401-1-006-2008 182401-1-006-2009 i92401-1-007-2007 182401-1-007-2008 192401-1-008-2006 182401-1-008-2007 192401-1-009-2005 182401-3-007-2004 192401-2-001-2001 182401-4-001-2008 192401-2-002-2000 182401-4-002-2007 192401-3-002-2008 182401-4-003-2006 192401-3-003-2007 182401-4-004-2005 192401-4-007-2001 182401-4-005-2004 192401-4-008-2000 182401-4-006-2003 182401-4-007-2002 182401-4-008-2001 TABLE OF CONTENTS Page 1. PHASED PROJECT PLANNING .......................................................................... 2 1.1 Sub-Area Plan and Three-Party Agreement ........................................................... 2 1.2 Current (Threshold) and Future Development Standards ....................................... 3 1.3 No Development Until Master Plan ........................................................................ 3 2. PROJECT DESCRIPTION ..................................................................................... 3 3. PROJECT ELEMENTS AND DEVELOPMENT STANDARDS ........................ 4 3.1 Zoning; Density and Intensity Standards ................................................................ 4 3.2 Roads/Transportation Standards ............................................................................. 5 3.3 Water and Sanitary Sewer Standards ...................................................................... 5 3.4 Stormwater Standards ............................................................................................. 6 3.5 Open Space, Recreation and Trail Standards .......................................................... 6 3.6 Capital Facility Standards ....................................................................................... 6 3.7 Other Standards ....................................................................................................... 6 4. SEPA; MITIGATION ............................................................................................. 6 4.1 SEPA Determination for This Agreement .............................................................. 6 4.2 Master Plan EIS ...................................................................................................... 7 4.3 SEPA Review After Master Plan EIS ..................................................................... 7 4.4 Mitigation ................................................................................................................ 7 5. MASTER PLAN PROCESS ................................................................................... 7 5.1 City Coordinator; Review ....................................................................................... 7 5.2 Content of Master Plan ........................................................................................... 8 5.3 City Review Procedure ........................................................................................... 8 5.4 Schedule .................................................................................................................. 9 5.5 Future City Processing of Implementing Approvals; Plats; Binding Site Plans ................................................................................................................. 9 5.6 Grants, LIDs, Etc .................................................................................................... 9 6. TERM; VESTING; ................................................................................................. 9 6.1 Term ........................................................................................................................ 9 6.2 Vesting .................................................................................................................. 10 6.2.1 Project Elements and Threshold Development Standards ........................ !0 6..2.2 CAO and Stormwater Standards ............................................................... 10 6.2.3 Construction Standards ............................................................................. 10 6.2.4 Review Fees .............................................................................................. 10 6.2.5 Other Fees ................................................................................................. 11 6.2.6 City's Reserved Authority ........................................................................ 11 6.3 Annual Review ...................................................................................................... 11 i 6.4 Due Diligence ....................................................................................................... 12 6.4.1 City Notice ................................................................................................ 12 6.4.2 Mediation .................................................................................................. 12 6.4.3 Mediation Report ...................................................................................... 13 6.4.4 Compliance with Court Decision or Mediation Report ............................ 13 6.4.5 Joint Planning Process .............................................................................. 14 7. GENERAL PROVISIONS ................................................................................... 14 7.1 Governing Law; Interpretation; ............................................................................ 14 7.2 Authority; Severability .......................................................................................... 14 7.3 Integration; Amendment; Minor Modifications .................................................... 14 7.4 Binding on Successors; Assignment; Enforcement .............................................. 15 7.4.1 Binding Agreement ................................................................................... 15 7.4.2 Assignment ............................................................................................... 15 7.4.3 Enforcement of Agreement ....................................................................... 15 7.4.4 Development Standard Modifications ...................................................... 15 7.5 Recording .............................................................................................................. 16 7.6 Headings; Attachments ......................................................................................... 16 7.7 PBC as Agent ........................................................................................................ 16 7.8 Time Is of the Essence .......................................................................................... 16 7.9 Disputes; Default and Remedies ........................................................................... 16 7.9.1 Dispute Resolution .................................................................................... 16 7.9.2 Default and Remedies ............................................................................... 16 7.9.3 Relief Against Defaulting Party or Portion of Property ............................ 17 7.10 Estoppel Certificate ............................................................................................... 17 7.11 No Third Party Beneficiary ................................................................................... 17 7.12 Cooperation ........................................................................................................... 17 7.13 Delays ................................................................................................................... 18 7.14 Notice .................................................................................................................... 18 LIST OF ATTACHMENTS Attachment "A" - Legal Description of Property Attachment "B" - Map of Property Attachment "C" - SEPA Compliance for Implementing Approvals DEVELOPMENT AGREEMENT THIS INITIAL DEVELOPMENT AGREEMENT ("Agreement") is entered into effective ,2000, by and between the CITY OF BREMERTON, a Washington municipal corporation ("City" or "Bremerton"), and PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP), a Washington limited partnership ("Port Blakely"). RECITALS A. Port Blakely owns approximately 440 acres located adjacent to the City boundaries and within the designated Urban Growth Area for Bremerton, as legally described in Attachment A ("Property") and shown on the map attached as Attachment B. The City and Kitsap County each have approved the Port Blakely Sub-Area Plan for the Property, which is incorporated herein by this reference ("Sub- Area Plan"). The City, Kitsap County and Port Blakely have entered into a Three- Party Agreement which deals with the annexation, processing and other matters relating to the Property, which is incorporated herein by this reference. B. Port Blakely desires to annex the Property into the City pursuant to Chap. 35.13 RCW ("Annexation Statute"), which authorizes the City to enter into an annexation agreement fixing the applicable zoning and other development standards. Port Blakely has submitted its Annexation Petition for the Property, and the City has provided a Notice of Intent to Annex to the Boundary Review Board. C. Further, the legislature has authorized local governments to enter into a development agreement with the owner of real property to establish certain development rights (RCW 36.70B. 170 et seq., "Development Agreement Statute"). Bremerton has implemented the Development Agreement Statute in Bremerton Municipal Code (BMC) § 21.02.900. D. Bremerton also has adopted the "Mixed Used District" (MXD) zoning classification, which calls for adoption of a Development Agreement to set forth the uses and development standards in the MXD zone. E. This Agreement has been processed, considered and executed in accordance with City and State requirements for annexation and Development Agreements. F. Port Blakely intends to develop a mixed-use light industrial, commercial, retail and residential project ("Project") by providing a range of employment and housing opportunities that would respond to identified and evolving market conditions and the feasible capacity of planned infrastructure systems to support them. 75' -1 of 24- G. Bremerton has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, among other things, eliminate uncertainty in long-term planning, provide for the orderly development of the Project on a comprehensive basis consistent with the City's current Comprehensive Plan and the Sub-Area Plan covering the Property, provide for services appropriate for development of the Project, encourage an employment base with diversity of jobs, improve the City's jobs-housing balance, effectively utilize resources within the City at a low economic cost to its citizens and otherwise achieve the goals and purposes for which the Annexation Statute and Development Agreement Statute were enacted. H. In exchange for the benefits to Bremerton described in the preceding recital, together with other public benefits that will result from the development of the Project, Port Blakely will receive by this Agreement assurance that it may proceed with the Project in accordance with applicable law, and therefore desires to enter into this Agreement. I. Concurrent with the approval of this Agreement, the Bremerton City Council, after a duly noticed public hearing, made appropriate findings, including that execution of this Agreement furthers the public health, safety and general welfare, and that the development of the Property pursuant to the provisions of this Agreement are consistent with the City's Comprehensive Plan, Sub-Area Plan, and the Three- Party Agreement and the annexation ordinance for the Property. J. Following annexation, Port Blakely will develop a Master Plan and prepare a project-level EIS to further refine the Project. Upon the City's adoption of the Master Plan, the City concurrently will consider and adopt additional Development Standards as amendments to this Agreement to implement the Master Plan. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the parties agree as follows: 1. PHASED PROJECT PLANNING 1.1 Sub-Area Plan and Three-Party Agreement This Agreement implements the Sub-Area Plan and Three-Party Agreement applicable to the Property as adopted by the City Council in Ordinance No. 4722 on September 20, 2000. Further, the ordinance adopting this Agreement acknowledges the adoption of the MXD zoning applied to the Property simultaneously with its annexation. The City and Port Blakely intend the Sub-Area Plan and the Three-Party Agreement remain a part of this Development Agreement regardless of the outcome of any appeal of the Sub-Area Plan to the Central Puget Sound Growth Management Hearings Board, unless otherwise prohibited by law. -2 of 24- 1.2 Current (Threshold) and Future Development Standards This Agreement incorporates by this re£erence, as i£ fully set forth herein, all of the "Performance Standards" and other conditions listed in the Sub-Area Plan and the obligations in the Three-Party Agreement (collectively adopted and referred to as "Threshold Development Standards" under this Development Agreement). Further, Port Blakely and the City will adopt additional future Development Standards as a result o£the Master Plan to be prepared pursuant to Section 5 below. These furore Development Standards will cover subjects including but not limited to the following: bulk, scale and dimensions; landscaping; parking and loading; road standards and circulation; and design guidelines. Upon the City's adoption of the Master Plan, the City concurrently shall consider and adopt additional Development Standards as amendments to this Agreement to implement the Master Plan. 1.3 No Development Until Master Plan. No development o£ the Property shall occur until the City's approval o£ the Master Plan and additional Development Standards by the amendment of this Agreement. 2. PROJECT DESCRIPTION The Project includes 440 acres, of which approximately 140 acres will remain undeveloped due to critical areas, buffers and mitigation. See 3~ 4.1.21 of Sub-Area Plan. Development of the remaining approximately 300 acres will consist of a maximum of 2.25 million sq. ft. of light industrial, commercial and related economic development land uses and up to a maximum of 100,000 sq. fi. of retail uses as described in the Sub-Area Plan, with the actual amount specified in the Master Plan based upon transportation analysis and the final amount of developable acres within the Project. See generally 393~ 4.1.21(1) & (5); 3~3~ 4.4.21(1)-(8) of Sub-Area Plan. · Further, the Project is authorized for a maximum of 900 detached single-family equivalent residences (or the equivalent o£ up to a maximum of 1,200 multi-family or mixed use residential structures). See 3g 4.1.21(6) of Sub-Area Plan. The parties agree to abide by the thresholds for development as set forth in the Three-Party Agreement, Subsections 6. l- 6~7 as quoted hereafter: 6. Sub-Area Plan Amendments. Unless the parties agree, all parities will abide by the thresholds for development within the following sections of the Sub-Area Plan: 6. ] Limitation on number of residences (900 single family- 1,200 multi-family in Sub-Area Plan 3~ 4.1.21(6). 6.2 Limitation of residential uses to no more than 1/3 of trips per Sub-Area Plan 3~ 4.1.21(1). 77 -3 of 24- 6. 3 Off-site traffic generation from uses established within the Project Area shall not exceed a total of 3, 000 P.M. peak hour trips per Sub-Area Plan 3~ 4.3.21(1). 6. 4 Monitoring traffic and reporting at l, 500 P.M. peak hour trips per Sub-Area Plan 3~ 4.3.21(2). 6. 5 Limitation to 675 homes until pioneering businesses are developed per Sub-Area Plan 3~ 4. 4. 21(2). 6. 6 Retail uses shall be capped at 100, 000 square feet per Sub- Area Plan 3~4.1.21(5). 6. 7 Implementation of the recommendations (in the form of Master Plan policies or other mitigation measures adopted at the time of the Master Plan) of the following three environmental studies listed as Items 3, 4 and 6 in volume II of the Port Blakely Sub-Area Plan, unless those recommendations conflict with the goals, policies, performance standards or projects set forth in volume I of the Sub-Area Plan or with other EIS-related studies done for the Property: Recommendation for the Protection of Aquatic Resources for the Port Blakely Kitsap Lake Joint Planning Area, Associated Earth Sciences, Inc. (May 1999) (item #3); Comments on Recommendations for the Protection of Aquatic Resources, Reinelt Consulting (June 14, 1999) (item #4); and Storm Water Management Recommendations, Associated Earth Sciences, Inc. (July 21, 1999 (item #6). The Project as described in this Agreement and the Sub-Area Plan presents a general concept for development. The City and Port Blakely recognize the precise location, amount, pattern and intensity of proposed development, locations and dimensions of roads or utilities, open space and trail corridors within the Property will be developed through the Master Plan. Actual amounts, patterns and intensities of development within the Project will respond to market conditions as long as consistent with the overall Port Blakely concept, the Sub-Area Plan, the Three-Party Agreement, and the provisions of this Agreement. 3. PROJECT ELEMENTS AND DEVELOPMENT STANDARDS The Project Elements, "Performance Standards" listed in the Sub-Area Plan, and other development standards and mitigation set forth in this Agreement and any amendments hereto are collectively referred to as the "Development Standards," and include the following: 3.1 Zoning; Density and Intensity Standards Upon annexation, the Property shall be zoned Mixed Use District ("MXD") under the Bremerton Municipal Code. The Project will contain the light industrial, commercial, retail and residential uses at the densities and intensities consistent with -4 of 24- the Sub-Area Plan. The general permitted and prohibited use categories for the industrial, commercial and retail portions of the Project are set forth in the Sub-Area Plan. See 3~ 4.1.21(5) of Sub-Area Plan. More detailed use categories will be developed and adopted as part of the Master Plan. The residential units may be developed as a mix of detached single family or the equivalent of attached residential units (i.e., townhouse, condominium, duplex or multi-family units) at the ratio of 1 single family detached unit = 0.75 attached unit, not to exceed 1,200 attached units. Authorized residential density ranges from 4 to 8 units/acres, except 8 to 16 units/ acre are authorized to support the Project's central mixed-use service/retail area. See 393g 4.1.21(5) & (6) of the Sub-Area Plan. The authorized 2.25 million square feet of industrial commercial uses and 100,000 square feet of retail uses refers to square feet of Gross Floor Area. "Gross Floor Area" is defined as follows for purposes of this Agreement: the number of square feet of total floor area bounded by the inside surface of the exterior walls of the structure measured at the floorline excluding parking levels, vent shafts, elevator shafts, stairwells, courts, upper stories of atriums and lobbys, mechanical floors or areas, and outside balconies that do not exceed a projection of six feet beyond the exterior walls of the building. 3.2 Roads/Transportation Standards The Sub-Area Plan establishes Performance Standards for offsite traffic generation, which are incorporated herein. See ~ 4.3.21 of Sub-Area Plan. Further, the City and Port Blakely will implement the Master Transportation Agreement as set forth in Section 3 of the Three-Party Agreement. Road standards, access, circulation, parking, loading and related Development Standards will be developed as part of the Master Plan. 3.3 Water and Sanitary Sewer Standards All development within the Project will be served by public water and sanitary sewer. The City has issued a Conditional Water and Sewer Availability letter dated May 17, 2000, reflecting adequate capacity, facilities and supplies to provide water and sewer service to the Project upon satisfaction of specific conditions including provision of onsite and offsite system improvements. Water and sewer improvements required to serve the Project in phases are generally described in Table 13 of the Sub- Area Plan. The City and Port Blakely will adopt mutually approved funding methods for sewer and water facilities to serve the Project. Funding may include developer extensions with latecomer reimbursement systems, local improvement districts for other properties benefited by the improvements, credits against connection charges, participation in any future authorized tax increment financing, or other mutually approved funding methods. -5 of 24- 3.4 Stormwater Standards The stormwater drainage system improvements shall be designed as part of the Master Plan using the City's code and stormwater manual as required under Table 2A of the Sub-Area Plan. More stringent or alternative drainage standards may be required to the extent applicable under ~ 4.2.21(3) of the Sub-Area Plan. On-site portions of the storm drainage system will be dedicated to the City or maintained privately as determined in the Master Plan. Off-site portions of the storm drainage system, such as along roads, will be dedicated to the appropriate jurisdiction. 3.5 Open Space, Recreation and Trail Standards Required open space is established at approximately 140 acres (out of the total 440 acres) as described in 3f 4.1.21(3) of the Sub-Area Plan. Stormwater facilities and buffer crossing to accommodate utilities, trails and circulation may occur within the critical area buffers to the extent provided in Table 2A of the Sub-Area Plan. See ~ 4.1.21(3) of Sub-Area Plan. The Master Plan will include a coordinated system of active and passive recreation spaces, including trails or open space corridors that link major areas of the Project. See 3~ 4.2.21(1) of Sub-Area Plan. 3.6 Capital Facility Standards The Level of Service standards and funding sources for roads, water, sewer, police, fire, parks/open space, schools and the other capital facilities and services set forth in Table 11 and elsewhere in the Sub-Area Plan are adopted for the Project. 3.7 Other Standards Any other Performance Standards or other conditions specified in the Sub- Area Plan as Project requirements are incorporated herein by this reference. Further, additional Development Standards will be developed as part of the Master Plan and added to this Agreement by amendment. 4. SEPA; MITIGATION 4.1 SEPA Determination for This Agreement The City and County adopted a "Determination of Significance/Adoption of Prior Environmental Documents" for the Sub-Area Plan and Three-Party Agreement, including annexation. The City continues to use phased review under SEPA (WAC 197-11-060(5)). The City has determined that this Agreement is within the prior SEPA determination for the Sub-Area Plan and Three-Party Agreement since the Project elements and Performance Standards and conditions of the Sub-Area Plan are being adopted hereby, and no new project elements or standards are being adopted with this Agreement. An EIS will be required as part of the Master Plan. -6 of 24- 4.2 Master Plan EIS Port Blakely will prepare a project-level EIS as part of the Master Plan. The EIS will be prepared by a third-party consultant selected by the City after County participation in the consultation selection process, and Port Blakely will reimburse the cost of the consultant. See Sec. 4 of 3-Party Agm. 4.3 SEPA Review After Master Plan EIS The City and Port Blakely intend that once the Master Plan EIS is completed, then that EIS will satisfy all SEPA requirements for build-out o£the Project through Implementing Approvals (defined in Section 6). SEPA compliance for the Master Plan will have analyzed a "Project Envelope" representing the maximum allowable Project densities and intensities described in Section 3 above using the Threshold Development Standards and mitigation measures approved in this Agreement, along with the additional future Development Standards to be adopted as part of the approval of the Master Plan ("Project Envelope"). The Project Envelope will be implemented by a series of permits and approvals issued over a period of time, and SEPA compliance for Project implementation will be conducted pursuant to Attachment C, subject to future SEPA amendments to the extent they override vesting under development agreements. 4.4 Mitigation. Any mitigation measures specified in the final EIS as needed to avoid significant adverse environmental impacts will become Project conditions of the Master Plan. After completion of the Master Plan, the City and Port Blakely intend that compliance with the Development Standards and other provisions of this Agreement, as amended, will satisfy all applicable concurrency and level of service requirements and constitute ,adequate and sufficient public facilities and services for the Project unless modified by mutual consent. 5. MASTER PLAN PROCESS Port Blakely and the City will prepare and consider adoption of a Master Plan for the Project under the following procedures: 5.1 City Coordinator; Review The City shall designate a lead person (either a staff person or City-retained consultant) to coordinate the Master Plan review, including SEPA compliance, engineering review, traffic analysis and other disciplines. Port Blakely will reimburse the City for the cost of staff or consultant work in the review, adoption and implementation of the Master Plan pursuant to a budget mutually approved by the City and Port Blakely. -7 of 24- 5.2 Content of Master Plan The City and Port ]~lakely will undertake studies necessary to develop the Master Plan, such as a master drainage plan, environmental studies, transportation and engineering analysis, a perimeter buffer plan (see 3~ 4.1.30B of Sub-Area Plan), design guidelines for commercial structures (see ~ 4.1.30B of Sub-Area Plan), a monitoring plan (see 3~ 4.2. 20F of Sub-Area Plan), open space and critical area buffer monitoring (see ~ 4. 2.30C of Sub-Area Plan), and other appropriate plans or studies. Further, as provided in the Three-Party Agreement and Section 4.2.21 (3) of the Sub- Area Plan, the City, Kitsap County and Port Blakely by mutual agreement will select and retain a third-party expert to evaluate the Master Plan EI$ and environmental standard~ for on$it¢ protections for fish resources and other critical resources. As provided in the Three-Party Agreement, the City, County and Port l~lakely each will pay one-third o£ the costs of retaining that third-party expert. The City and Port Blakely wish to avoid a duplicative process with separate consultants and engineers for Port Blakely and the City. Consequently, the City and Port Blakely intend to jointly designate independent consultants for these various plans and studies, which will be funded by Port Blakely pursuant to a mutually approved budget and form agreement. 5.3 City Review Procedure. The Master Plan shall be developed by utilizing the procedures applicable to development agreements under BMC 21.02.900 and 21.02.850, i.e. a Type III decision. The Master Plan' s adoption by the City Council shall be in the form of an amendment to this Agreement and shall add appropriate Development Standards for build-out o£the Project. The project review will also comply with Sections 7.1 and 7.2 of the Three- Party Agreement as quoted hereafter: 7.1 County Comment on Project Phases. Kitsap County will be given the opportunity to review and comment upon the Master Plan and each phase of the project within the Property prior to approval by the City of Bremerton. The contact person for the County who shall receive all notices and materials from the City shall be the Director of Community Development and delivered to the Kitsap County Courthouse, 614 Division St., Port Orchard, WA 98366, or such other address designated by the County. If the Property is developed in phases, the County will complete its review within ten (1 O) working days after receiving the plans for each phase. 7. 2 Public Involvement. Project review shall include public involvement and participation of interested property owners, Tribes and appropriate agencies and groups. In -8 0£24- particular, the City during the environmental review process shall seek input from the Suquamish Tribe. 5.4 Schedule. The City Coordinator and Port Blakely shall develop and periodically revise a schedule for completion of the Master Plan and EIS. Once the Master Plan is submitted to the City, the City shall use reasonable efforts to diligently approve it, including appropriate hearings and decision by the City Council. 5.5 Future City Processing of Implementing Approvals; Plats; Binding Site Plans As part of the Master Plan, the City and Port Blakely will determine whether City processing of Implementing Approvals shall be conducted with a separate review team or modified review procedures, or whether applications should be processed under the City's existing code procedures. In either event, the Threshold Development Standards set forth in this Agreement, as amended by the future Development Standards adopted concurrent with the Master Plan, shall be applied. As part of the Master Plan, the City shall review the establishment of one or more binding site plans for industrial or commercial uses within the Project in accordance with RCW 58.17.020(7) and .040(4). Further, the City will consider adoption of short plat or long plat subdivision processes and boundary line adjustment provisions to allow creation of legally conveyable lots. 5.6 Grants, LIDs, Etc. The City and Port Blakely will cooperate and utilize their best reasonable efforts to aid and facilitate the arrangement of mutually beneficial financial mechanisms for the City, Port Blakely and subsequent users of the Property. Such types of support might include, but not be limited to, the pursuit of revenue bonds, local improvement districts, latecomer agreements, grants and other subsidies. 6. TERM; VESTING; 6.1 Term The term of this Agreement shall continue for a minimum of twenty (20) years, and shall continue thereafter unless and until either the City or the Port Blakely (or successor owners which own at least 51% of the Property by assessed value, excluding any City-owned land) gives notice of termination. The City's notice of termination shall use the same notice procedures which would apply to a rezone of the Project. The City shall mail notice to the Port Blakely under Section 7.14 and to any business or homeowner association or community groups which the City in its sole discretion determines should receive notice, but the failure to provide notice pursuant to this sentence shall not affect the validity of the City's termination notice using rezone procedures nor subject the City to any liability. Notice by the Port Blakely (or successors) shall be delivered to the City as provided in Section 7.14 of -9 of 24- this Agreement. No sooner than six (6) months after the notice of termination, the City shall hold public hearings and shall adopt zoning and related development standards for the Property. Upon such adoption, this Agreement shall terminate and thereafter the Property shall be governed by the adopted City zoning and related development regulations. 6.2 Vesting 6.2.1 Project Elements and Threshold Development Standards The Sub-Area Plan and Three-Party Agreement established the general project elements and some of the initial performance standards applicable to the Port Blakely Project, all of which have been incorporated into this Agreement as Threshold Development Standards pursuant to Section 1.2. Consequently, in accordance with the Development Agreement Statute, Port Blakely is vested to the Project Elements and those incorporated Threshold Development Standards in Sections 1, 2 and 3 during the term of this Agreement, as modified under Section 6.2.2. Further, after this Agreement is amended to adopt the additional Development Standards to be established by the Master Plan, and any other subsequent amendment of this Agreement, Port Blakely shall be vested to those additional Development Standards during the Buildout Period. During the Buildout Period, all Implementing Approvals shall be governed by these vested Development Standards. "Implementing Approvals" mean the applications submitted after adoption of the Master Plan for land use approvals, entitlements, and permits which implement the Project, including but not limited to permits for grading, site development, building, infrastructure, plats and boundary line adjustments, and other approvals. During the Buildout Period, the City shall not modify or impose new or additional Development Standards, except as follows: 6.2.2 CAO and Stormwater Standards Additional or modified Development Standards for critical areas or stormwater may be imposed on the Project based on expert recommendations to the extent provided in Section 4.2.21 (3) and Table 2A of the Sub-Area Plan and Section 5 of the Three-Party Agreement. 6.2.3 Construction Standards All applications for Implementing Approvals shall conform to the most current versions of the Uniform Building Code, and Uniform Fire Code and similar construction codes. 6.2.4 Review Fees Except as otherwise provided in the adopted Master Plan, Port Blakely and other applicants shall pay the City fees in effect on the date each Implementing Approval is submitted for processing. The parties' execution of this Agreement -10 of 24- acknowledges receipt of the filing fee for an application for a development agreement under the City's code. 6.2.5 Other Fees Except as otherwise provided in the adopted Master Plan, all utility connection fees, impact fees (if adopted by the City), and other fees not specifically addressed by this provision shall be paid in accordance with the rules in effect on the date the fee-generating activity occurs, but the amount of such fees shall take into account the facilities installed by Port Blakely at its cost (and not at the cost of the utility). 6.2.6 City's Reserved Authority In accordance with RCW 36.70B. 170(4), the City reserves the authority to impose new or different Development Standards to the extent required to prevent a serious threat to public health and safety. In addition, the identical provisions of Section 5.2 of the Three-Party Agreement and Section 4.2.20(F) of the Sub-Area Plan apply as quoted hereafter: During the Master Planning phase, a monitoring plan will be developed for stormwater discharge areas from the project (See Appendix Item 2, Task 11). The City will consult with the County, the Suquamish Tribe and other interested parties in developing the scope and duration of the monitoring plan for on-site and off-site impacts. The data obtained through the monitoring plan will be made available to the County, Tribe and other interested parties. The monitoring plan will have periodic evaluations, and if monitoring shows the project is causing significant adverse environmental impacts, then the project mitigation measures for subsequent phases will be adjusted 6.3 Annual Review After approval of the Master Plan, Port Blakely will submit an annual report summarizing the status of the Project to the City Council outlining its progress, infrastructure improvements completed during the preceding year, and general conditions at the Project. Contents of the annual report shall include, but not be limited to the following: · Brief synopsis of application submittal and review process for Implementing Approvals. · Location and density of residential development as a result of Implementing Approvals and predicted near future progress. -11 of 24- · Location and type of non-residential development resulting from Implementing Approvals and predicted near future progress. · Location and type of open space and recreational facilities provided through the Implementing Approval process and predicted near future progress. · Location and type of on-site and off-site roads, utilities and other infrastructure provided to date and projected construction schedules of proposed infrastructure. · Pioneering jobs report as defined in the Sub-Area Plan and Section 8 of the Three-Party Agreement. The jobs report will include analysis of completed and proposed actions being taken to prepare and market the employment sites and establishment of the threshold level of 500 pioneering jobs within the project. The City's review and comments on Port Blakely's annual project review report will take place within thirty (30) days after Port Blakely's submittal. Comments received from City departments will be referred to the City Coordinator for appropriate action. If no comments are received from City departments within the review period, then the annual review will be deemed complete. 6.4 Due Diligence. 6.4.1 City Notice. The City and Port Blakely recognize that numerous requirements will affect the schedule and timing of development of the Project, including but not limited to the following: infrastructure and utility planning, coordination, funding, permitting and installation; environmental data collection; market conditions and other forces beyond Port Blakely's control. If the City believes Port Blakely is not diligently proceeding with the submission of the Master Plan and EIS, then at any time after 36 months from the effective date of this Agreement, as extended for any litigation, appeals or other causes beyond the reasonable control of Port Blakely, then the City may deliver a written notice to Port Blakely. Any City notice will set forth the City's requested specific actions and proposed timetable for Port Blakely to complete the actions. The requested actions and timetable shall be reasonable and reasonably capable of being accomplished. If Port Blakely completes the actions within the timetable specified by the City, the Notice shall be deemed satisfied. 6.4.2 Mediation. If Port Blakely and the City disagree over the actions or timetable in the City's notice, or if Port Blakely has not completed the items within the timetable specified in the City's notice, then either the City or Port Blakely can request mediation. The parties will pay equally the mediator's fees and expenses. Within 14 days following a mediation request, the parties shall seek to mutually select a single -12 of 24- mediator who is experienced in real estate permitting and development in the State of Washington. If mutual selection does not occur within those 14 days, then the parties may seek appointment of an mediator through application to the Kitsap County Superior Court using the procedures of RCW 7.04.050, and the Court may select a mediator who meets the criteria of real estate experience set forth in the preceding sentence. The mediator shall establish procedures for submission of information and hearing the positions of the City and Port Blakely and shall attempt to facilitate a resolution of disputes between the parties regarding due diligence. The mediation will constitute settlement negotiations for purposes of all state and federal rules protecting disclosures made in settlement negotiations. Communication and material submitted to the mediator are privileged and confidential and not subject to disclosure consistent with RCW 5.60.070. 6.4.3 Mediation Report. If the parties do not reach mutual agreement through the mediation, then the mediator shall issue a written report within 60 days after selection of the mediator. The written report shall not be binding on the parties, but shall contain the mediator's conclusions and recommendations on whether (a) Port Blakely has proceeded with due diligence or (b) Port Blakely should undertake additional reasonable actions, on a specific timetable which is reasonably capable of achieving, as set forth in the mediator's written report. If either the City or Port Blakely disagrees with the mediator's report, including the reasonableness of the recommended actions or timetable or whether the recommended actions were achieved within the mediator's timetable, then either party may commence an action in superior court under Section 6.4.4 below to determine whether Port Blakely has met the due diligence provisions of this Section. Any court action shall be commenced within thirty (30) days after the later of (i) the mediator's report or (ii) Port Blakely failure to complete the mediator's recommended actions within the recommended timetable. The mediation report shall not be used in any court proceeding as evidence or for any other purpose without the written agreement of both the City and Port Blakely. The mediator shall not be compelled to testify or to divulge communications obtained during the mediation, subject to the exceptions set forth in RCW 5.60.070, unless both the City and Port Blakely consent to such testimony. 6.4.4 Compliance with Court Decision or Mediation Report. If (a) a court determines Port Blakely has met the due diligence provisions of this Section or (b) neither party appeals to superior court and Port Blakely completes the mediator's recommended actions within the recommended timetable, then the City's notice will be satisfied and this Agreement remains in full force and effect for the Term set forth in Section 6.1. If a court determines Port Blakely has not met the due diligence provisions of this Section, as the court may modify the actions or extend the timetable in its discretion to meet due diligence, then 'the City thereafter shall have the right to terminate this Agreement through a joint planning process with Kitsap County as provided in Section 6.4.5 below. 87 -13 of 24- 6.4.5 Joint Planning Process. The joint planning process will determine appropriate amendments to the land uses and other provisions of the Sub-Area Plan for the Port Blakely Property, which may include but is not be limited to reallocating the industrial, commercial or residential uses to other sites. This Agreement will remain in full force and effect until the effective date of any Sub-Area Plan amendment under this Section. 7. GENERAL PROVISIONS 7.1 Governing Law; Interpretation; This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. 7.2 Authority; Severability Bremerton and Port Blakely each represent and warrant it has the respective power and authority, and is duly authorized to execute, deliver and perform its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of Bremerton's authority to enter into such agreements, and this Agreement shall be construed to reserve to Bremerton only that police power authority which is prohibited by law from being subjecf to a mutual agreement with consideration. If any provisions of this Agreement are determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceability or invalidity of any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within forty-five (45) days after the court ruling, then either party may initiate the dispute resolution proceedings in Section 7.12 for determination of the modifications which implement the intent of this Agreement and the court decision. 7.3 Integration; Amendment; Minor Modifications This Agreement, along with the Sub-Area Plan and Three-Party Agreement, represent the entire agreement of the parties regarding the Property, and there are no other agreements, oral or written, except as expressly set forth in this Agreement. Any amendment to this Agreement must be approved by each of the following: (a) the City; (b) Port Blakely so long as it owns any portion of the Property and (c) a Designated Successor, if any, for a specified portion of the Property. "Designated Successor" is a successor owner specified in writing by Port Blakely as such a -14 of 24- successor or an association. No parcel owner or other person may seek an amendment of this Agreement except Port Blakely or except a Designated Successor as to that portion of the Property owned by the Designated Successor. Criteria for Administrative Minor Modifications will be adopted as future Development Standards when this Agreement is amended concurrent with the Master Plan. Nothing in this Agreement modifies the requirements or process for amending the Sub-Area Plan as set forth in Section 6 of the Three-Party Agreement. 7.4 Binding on Successors; Assignment; Enforcement 7.4.1 Binding Agreement This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Port Blakely and Bremerton. All successors in title to all or any portion of the Property shall be bound by the terms of this Agreement. 7.4.2 Assignment The parties acknowledge that development of the Project likely will involve sale and assignment of portions of the Property to other persons who will own, develop and/or occupy portions of the Property and building thereon. Port Blakely shall have the right to assign or transfer all or any portion of the respective interests, rights or obligations under this Agreement or in the Project to other parties acquiring an interest or estate in all or any portion of the Property, including transfer of all interests through foreclosure (judicial or nonjudicial) or by deed in lieu of foreclosure. Consent by the Bremerton shall not be required for any transfer of rights pursuant to this Agreement. Upon the transfer under this section, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement as to the property transferred, and Port Blakely shall be released of liability as to the property transferred. 7.4.3 Enforcement of Agreement The City may enforce this Agreement. Port Blakely or any party responsible for development of the Project designated by Port Blakely may enforce this Agreement so long as it owns any portion of the Property. Any owner's association established by Port Blakely may enforce all provisions of this Agreement as it relates to portions of the Property covered by the association, at the earlier of (a) Port Blakely's specific assignment of enforcement rights or (b) after the date Port Blakely has conveyed all portions of the Property to third parties. Each individual parcel owner may enforce the Development Standards and other provisions of this Agreement as it directly affects that individual parcel. 7.4.4 Development Standard Modifications Except where the City is authorized to impose additional Development Standards under Section 6.2, any modifications of Development Standards shall require the written consent of Port Blakely and the City. -15 of 24- 7.5 Recording Pursuant to RCW 36.70B. 190, this Agreement or a memorandum thereof shall be recorded with the Kitsap County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. 7.6 Headings; Attachments The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Attachments A through C are incorporated in the Agreement by this reference as if fully set forth. 7.7 PBC as Agent Port Blakely hereby designates Port Blakely Communities, Inc. ("PBC") as its agent with authority to give notices, approvals and otherwise act pursuant to this Agreement. Unless otherwise stated by Port Blakely to the City, the representations and actions of PBC shall represent and bind Port Blakely. 7.8 Time Is of the Essence Time is of the essence of this Agreement and every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 7.9 Disputes; Default and Remedies 7.9.1 Dispute Resolution In the event of any dispute relating to this Agreement, all parties upon the request of any other party shall meet within seven (7) days of the request to seek in good £aith to resolve the dispute. Bremerton shall send the appropriate department director and persons with information relating to the dispute, and Port Blakely shall send an owner's representative and any consultant or other person with technical information or expertise that relates to the dispute. Any dispute covered by Section 9 of the Three-Party Agreement shall be governed by its terms and not this Section. 7.9.2 Default and Remedies No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cures satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party -16 of 24- not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. 7.9.3 Relief Against Defaulting Party or Portion of Property In recognition of the anticipated sale(s) by Port Blakely of portions of the Property to others to own, develop and/or occupy within the Project Site, the remedies under this Agreement shall be tailored to the Property or parties as provided in the remaining provisions of this subsection. After the transfer of portions of the Property for which the release of liability provisions apply under Section 7.4.3, any claimed default shall relate as specifically as possible to the portion of the Property involved and any remedy against any party shall be limited to the extent possible to the owners of such portion of the Properly. To the extent possible, Bremerton shall seek only those remedies which do not adversely affect the rights, duties or obligations of any other nondefaulting owner of portions of the Property under this Agreement, and shall seek to utilize the severability provisions set forth in this Agreement. 7.10 Estoppel Certificate Within thirty (30) days following any written request which any party or a Mortgagee may make from time to time, the other party to this Agreement shall execute and deliver to the requesting person a statement certifying that: (1) this Agreement is unmodified and in full force and effect, or stating the date and nature of any modification; (2) to the best knowledge of the certifying party, (a) no notice of default has been sent under Section 7.9.2 of this Agreement or specifying the date(s) and nature of the notice of such default and (b) no written notice of infraction has been issued in connection with the Project; and (3) any other reasonably requested information. Failure to deliver such statement to the requesting party within the thirty (30) day period shall constitute a conclusive presumption against the party failing to deliver such statement that this Agreement is in full force and effect without modification or default except as may be represented by the requesting party). The delivery of estoppel certificate on behalf of Bremerton pursuant to this section shall be deemed an administrative matter and shall not require legislative action. 7.11 No Third Party Beneficiary This Agreement is made and entered into for the sole protection and benefit of the parties, their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 7.12 Cooperation The parties shall reasonably provide information, approvals or consents under this Agreement. The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. Bremerton and Port Blakely will cooperate -17 of 24- to achieve the mutually agreeable goals as set forth in this Agreement, subject to Bremerton's independent exercise of judgment. Where appropriate and consistent with applicable law, Bremerton shall be the lead agency under SEPA in implementing this Agreement and Implementing Approvals. Bremerton shall consider use of its eminent domain powers to facilitate implementation of this Agreement, subject to Bremerton's independent exercise of judgment following all applicable procedures necessary to use eminent domain power. 7.13 Delays If either party is delayed in the performance of its obligations under this Agreement due to force majeure, then performance of those obligations shall be excused for the period of delay. 7.14 Notice All communications, notices and demands of any kind which a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to Port Blakely: PORT BLAKELY TREE FARMS LP 1325 Fourth Avenue, Floor 10 Seattle, WA 98101 Attn: James E. Warjone Telephone: (206) 624-5810 Facsimile: (206) 624-9745 With a copy to DAVIS WRIGHT TREMAINE LLP 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101-1688 Attn: Thomas A. Goeltz Telephone: (206) 628-7662 Facsimile: (206) 628-7040 If to Bremerton CITY OF BREMERTON Building and Planning Department 286 - 4th Street Bremerton, WA 98337 Telephone: (360) 478-5275 Facsimile: (360) 478-5278 With a copy to: CITY OF BREMERTON City Clerk 239 - 4th Street Bremerton, WA 98337 Telephone: (360) 478-5290 Facsimile: (360) 478-5200 -18 of 24- Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. IN WITNESS WHEREOF, this Agreement has been entered into between the City and Port Blakely as of the __ day of ,2000. PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP) a Washington limited partnership By: Judd Kirk, President of Real Estate Division CITY OF BREMERTON a Washington municipal corporation By: Lynn S. Horton, Mayor APPROVED AS TO FORM: By City Attorney ATTEST: Kathleen McCluskey, City Clerk LIST OF ATTACHMENTS Attachment A - Legal Description of Property Attachment B - Map of Property Attachment C - SEPA Compliance for Implementing Approvals -19 of 24- STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) ! certify that I know or have satisfactory evidence that LYNN S. HORTON is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF BREMERTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this __ day of ., 2000. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires STATE OF WASHINGTON ) ) SS. COUNTY OF KiTSAP ) On this __ day of ,2000, before me personally appeared JUDD KIRK, to me known to be the President of the Real Estate Division of PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP), a Washington limited partnership, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this __ day of ., 2000. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires -20 of 24- ATTACHMENT A LEGAL DESCRIPTION OF PROPERTY PORT BLAKELY JOINT PLANNING AREA That portion of Sections 7, 18 and 19 of Township 24 North, Range 1 East of the Willamette Meddian in Kitsap County, Washington, described as a whole as follows: Beginning at the section comer common to Sections 17, 18, 19 & 20 of said Township and Range; thence along the east line of said Section 18, North 02°33' 36" East 2650.40 feet to the east 1/4 section comer of said Section 18; thence continuing along said east line of said Section.18, North 02° 13' 37" East 2665.51 feet to the section comer common to Sections 7, 8, 17 & 18 of said Township and Range; thence along the east line of said Section 7, North 03 °14' 29" East 273.70 feet; thence South 49°06' 36" West 394.86 feet; thence South 22° 15' 57' West 435.82 fee{'; thence South 51 °04' 39' West 573.87 feet; thence South 72°21' 49" West 281.90 feet to the beginning of a 113 foot radius curve to the right; thence northwesterly along said curve an arc distance of 212.28 feet through a central angle of 107°38' 11"; thence North 208.41 feet to the beginning of a 80 foot radius curve to the left; thence northwesterly along said curve an arc distance of 159.10 feet through a central angle of 113°56' 42"; thence South 66003' 19" West 372.14 feet; thence South 24°07' 12" West 254.43 feet; thence South 38°38' 11" West 566.66 feet; thence South 05°05' 55" West 1897.32 feet; thence South 12°50' 21" West 833.49 feet; thence South 07048' 19" W~st 495.35 feet; thence South 46°57' 31" West 323.73 feet; thence South 33030' 41" West 410.75 feet; thence South 17032' 08" West 860.92 feet; thence South 07042' 01" West 2094.94 feet to the beginning of a 599.00 foot radius curve to the left; thence southeasterly along said curve an arc distance of 1356.06 feet through a central angle of 129°42' 36"; thence North 57°59' 25" East 911.61 feet; thence North 61 °35' 'H" East 692.67 feet to the beginning of a 1239.00 foot radius curve to the left; thence northeasterly along said curve an arc distance of 946.35 feet through a central angle of 43°45' 45"; thence North 17°49' 59" East 1763.31 feet to the point of beginning. -21 of 24- ATTACHMENT B MAP OF PROPERTY o~ ~o~o.,,~ Port Blakety Boundary Section line 0 CO0' ~200' 8oundory Port Blakely 1'=1200' T~a~y fr~ ~k~ ~d asso~ates Joint Planning Area -22 of 24- ATTACHMENT C SEPA COMPLIANCE FOR IMPLEMENTING APPROVALS Upon receipt of any application for an Implementing Approval (defined in Section 6.2), the City shall undertake SEPA compliance as follows: Step I - Project Envelope Determination. First, the City shall determine if the requested Implementing Approval applied for is within the Project Envelope. The City can request the applicant to provided reasonable information (including for convenience an environmental checklist even if a threshold determination is not required under this Step 1) to the extent needed to determine the requested action is within the Project Envelope. If so, then the existing SEPA documents and analysis shall be utilized and no further SEPA threshold determination is required (.see WAC 197-11-600(4)(a)): "Agencies acting on the same proposal for which an environmental document was prepared are not required to adopt the document.") If the application is beyond the Project Envelope, then a threshold determination is required under Step 2 below. Step 2 - Threshold Determination. If the requested Implementing Approval exceeds the Project Envelope, then the City shall prepare a threshold determination, taking into account the existing SEPA documents and analysis and the governing Development Standards under this Agreement which address environmental mitigation for the Project. Any studies or other information requested by the City from the applicant shall relate only to those potential impacts not adequately covered by the existing SEPA documents and analysis. The City shall issue a determination of non-significance (DNS) or a mitigated DNS (MDNS) utilizing an addendum or incorporating the prior SEPA documents and analysis to the fullest extent possible, except an addendum or supplemental EIS (SEIS) shall be required if the conditions in Step 3 are present. The City's approval of minor modifications under Section 7.3 of the Agreement shall not be deemed a significant change which would require an SEIS. Step 3 - SEIS. The City shall prepare an addendum or SEIS if there are: 3.1 Substantial changes to the Project so that the proposal or Project Envelope described in the existing SEPA documents and analysis are likely to have significant adverse environmental impacts not previously analyzed and which cannot be mitigated through the Threshold Development Standards applicable to the Project (or revisions, additions and amendments to those Development Standards); or 3.2 New information indicating the Project is likely to have significant, adverse environmental impact not previously analyzed in the existing SEPA documents and analysis and which cannot be mitigated through the Threshold Development Standards applicable to the Project (or revisions, additions and amendments to those Development Standards). -23 of 24- If an addendum or SEIS is required, the City shall limit the scope thereof to the impacts which required the additional analysis (e.g. the City shall utilize a focused scope and ELS). Step 4 - Modified Development Standards. If the SEIS discloses additional mitigation is required to avoid a serious threat to public health and safety hazards, then the Development Standards applicable to the Project may be modified. -24 of 24- AGENDA BILL BREMERTON CITY COUNCIL ~, Dec. 2000 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: Dec. 13,2000 ORIGINATING DEPT: Treasurer Repealing Chapter 3.29 of the Municipal Code relating to ORIGINATOR: R. Hanna the Employee Medical Insurance Reserve Fund. DATE SUBMITTED: 11/03/2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Services Proposed Ordinance H.R. Manager Operations ENDORSEMENTS ~ INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: If approved, the proposed ordinance will eliminate the Employee Medical Insurance Rese~e Fund. The assets of this fund will be depleted at the end of FY 2000 and there is no continued need for this fund. 8. RECOMMENDATION: Motion to approve on first reading the ordinance repealing BMC Chapter 3.9. Motion to pass on second reading Ordinance No. __ repealing BMC 3.29. 9. RESPONSI[BLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLEDcouNCIL DIRECTIvE:TABLED APPROVED DISAPPROVED AMENt ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The current ordinance will remain in force. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: BMC Chapter 3.29 ORDINANCE NO. AN ORDINANCE eliminating the Employee Medical Insurance Reserve Fund and repealing chapter 3.29 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Repeal. Chapter 3.29 of the Bremerton Municipal Code is hereby repealed. Monies of the Employee Medical Insurance Reserve fund have been exhausted and there is no further need for the fund. Section 2. Effective Date. This ordinance shall become effective on December 31,2000. APPROVED by the City Council of the City of Bremerton on the day of ,2000. PASSED by the City Council of the City of Bremerton on the day of ,2000. CAROL ARENDS, Council President Approved this day of ,2000. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL Dec. ~2000 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: Dec_. 13,2000 ORIGINATING DEPT: Treasurer,,,~/~ Amending Chapter 3.26 of the Municipal Code relating to ORIGINATOR: R. Harm~ ~/"~ the Gift and Donation Fund. DATE SUBMITTED: 11/03/2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dar. Adman. Services Fiscal & Bud t''''-~I~---~4-'~-'--- Proposed Ordinance Operations ENDORSEMENTS ~, INFORMATION__ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: If approved, the proposed ordinance will correct a technical error in the ordinance which created the Gift and Donation Fund. The ordinance will eliminate the fund type designation of the fund but will have no effect on its use by City departments. 8. RECOMMENDATION: Motion to approve on first reading the ordinance amending BMC Chapter 3.6. Motion to pass on second reading Ordinance No. __ amending BMC 3.26. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED ~COUNCiL DIRECTIvE:TABLED APPROVED DISAPPROVED AMENDED F 11. AGENDA BILL NO: - 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The current ordinance will remain in force. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: BMC Chapter 3.26 ORDINANCE NO. AN ORDINANCE eliminating the fund type designation for the Gift and Donation Fund and amending Chapter 3.26 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Amendment. Section 3.26.100 is hereby amended to read as follows: 3.26.100 ESTABLISHED. There is hereby established =,-, =×po,-,d=blo tr','=t a fund to be called the "GIFT AND DONATION FUND" for the purpose of accepting gifts and donations on behalf of all clepartrnent~ 01" the City as authorized by RCW 33.21.100. Section 2. Effective Date. This ordinance shall become effective ten (10) day 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 S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL /' Dec. ,2000 1, SUBJECT: ORDINANCE NO. FOR AGENDA OF: Dec. 1 ORIGINATING DEPT: Treasure~ Repealing Chapter 3.22 and 3.23 of the Municipal Code ORIGINATOR: R. H~aff~a~ relating to the Park and recreation Facility Development DATE SUBMITTED: 11/03/2000 Fund and Roosevelt Capital Assets Funds. 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Services Proposed Ordinance Dir. Parks & Rec.~,,~g~-~ Current Ordinances Fiscal & Budget ENDORSEMEN'~ ~-~-~-~-~-~-~-~-~-~ INF(~RMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: If approved, the proposed ordinance will eliminate the Park and Recreation Facility Development Fund and the Roosevelt Capital Assets Fund. A seperate ordinance will create a new combined fund which will serve the purpose of both of the funds being eliminated. 8. RECOMMENDATION: Motion to approve on first reading the ordinance repealing BMC Chapter 3.22 and 3.23. Motion to pass on second reading Ordinance No. ~ repealing BMC 3.22 and 3.23. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLEDCOUNCIL DIRECTIVE: TABLED APPROVED DISAPPROVED AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The current ordinances will remain in force. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The new combined fund is included in the Preliminary 2001 - 2002 Biennial Budget and will serve the same purpose as the two funds proposed for elimination. 7. RESEARCH SOURCES: BMC Chapter 3.22 and 3.23 ORDINANCE NO. AN ORDINANCE eliminating the Park and Recreation Facility Development Fund and the Roosevelt Capital Assets Fund and repealing chapters 3.22 and 3.23 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Repeal. Chapters 3.22 and 3.23 of the Bremerton Municipal Code are hereby repealed. Section 2. Transfer of Assets. All monies and other assets of the Park and recreation Facility Development Fund and the Roosevelt Capital Assets Fund are hereby transferred to the newly created Park Development Fund. Section 3. Effective Date. This ordinance shall become effective on December 31, 2000. APPROVED bythe City Councilofthe City of Breme~on onthe day of ,2000. PASSED bythe City Council ofthe City of Breme~on onthe day of ,2000. CAROL ARENDS, Council President Approved this day of ,2000. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk ORDINANCE NO. ~/~~ AN ORDINANCE establishing the Park and Recreation Facility Development Fund. THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS: Section 1. The City Treasurer is hereby authorized and directed to establish a Park and Recreation Facility Develop- ment Fund to be ~used to construct park and ~ecreation facilities. Sect~ion 2. The City Treasurer shall transfer the collections from th e operation of the Gold Mountain Golf Course, in excess of~the sums necessary to pay the g61f course debt service and maintenance expenses, to the Park and Recreation Facil±ty - Development Fund. Section 3. Any additional funds received by the City of Bremerton which are committed to park and recreation facility development shall be paid into the Park and Recreation Facility Development Fund. APPROVED by the City Commissioners on the first reading this J~ day of ~ , 1981. PASSED by the City Commissioners of the City of Bremerton signed by the Mayor and attested by the City Clerk in authentication of such passage this ~. ~ day of , 1981. ATTEST: KATHLEEN L. MANDIO/City Clerk 108 ORDINANCE NO..'?' .0 AN ORDINANCE establishing a trust fund for replacement and expansion of parks, recreational and open space uses of Roosevelt Field. THE CITY OF BREME~RTON DOES HEREBY ORDAEN: Section 1. New Chapter. There is hereby adopted a new chapter to the Bremerton Municipal Code, 3.23 ROOSEVELT CAPITAL ASSETS FUND, to read: 3.23.010 ESTABLISHED. There is hereby established an expendable trust fund to be called the Roosevelt Capital Assets Fund for the replacement expansion and improvement of parks, recreation and open space needs of the community served by Roosevelt Field. 3.23.020 APPROPRIATION OF FUNDS. There is appropriated to the Roosevelt Field Replacement Fund: (a) All assets or property received as consideration for the conveyance of Roosevelt Field whether by condemnation, transfer in lieu of condemnation, or surplus sale. Co) Income from fund property or borrowing secured by fund assets. (c) Donations and bequests specifically dedicated to the fund. 3.23.030 ADMINISTRATION. The Roosevelt Capital Assets 'Fund shall be administered by the City Treasurer and the Mayor. All monies received by the fund together with investment earnings thereon, may be expended only by authorization of the City Council. The City Council will consult with the Parks and Recreation Commission before commitment of these funds. Expenditures shall be limited to park capital assets which address the community's parks, recreational and open space needs. Community recreational open space needs served by Roosevelt Field shall have first priority in fund expenditures. Section 2. Effective Date. This ordinance shall become effective 10 days following passage and publication. APPROVED by the City Council of the City of Bremerton this /L~ day of / PASSED by the City Council of the City of Bremerton this [ day of ~(.~ , 1991. LYNN HORTON, Council President APPROVED this ~ day o LOUIS MENTOR, Mayor A~~T: · KATHLEEN McC~USKEY, Ci~~ C erk AGENDA BILL BREMERTON CITY COUNCIL Dec.~2000 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: Dec.: 13,2000 ORIGINATING DEPT: Treasurer Establishing the Park Development Fund ORIGINATOR: R. Hann~ DATE SUBMITTED: 11/03/2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Services Proposed Ordinance Dir. Parks & Rec. ~ - Fiscal & Budg~,,~, Operations~~.~// ENDORSEMENTS '/~<~ INFORM,~I'ION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: If approved, the proposed ordinance will a new fund to be called the Park Development Fund. This fund is intneded to replace both the Park and Recreation Facility Development Fund and the Roosevelt Capital Assets Fund. Which have been eliminated by seperate ordinance. 8. RECOMMENDATION: Motion to approve on first reading the ordinance creating the Park Development Fund. Motion to pass on second reading Ordinance No. __ creating the Park Development Fund. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED~couNCiL DIRECTIvE:TABLED-- APPROVED DISAPPROVED AMENDED tt H 2. CLEARANCE COMMENTS: $. IMPACT ON NON-PASSAGE: The new fund will not be created. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The new combined fund is included in the Preliminary 2001 - 2002 Biennial Budget and will serve the same purpose as the two funds eliminated. 7. RESEARCH SOURCES: BMC Chapter 3.22 and 3.23 ORDINANCE NO. AN ORDINANCE establishing the Park Development Fund. THE CITY OF BREMERTON DOES ORDAIN: Section 1. New Chapter. There is hereby adopted a new chapter to the Bremerton Municipal Code, PARK DEVELOPMENT FUND, to read as follows: Established. There is hereby established a fund to be called the Park Development Fund for the acquisition, replacement, expansion and improvement of parks, recreation facilities and open spaces of the community. Appropriation of Funds. There is appropriated to the Park Development Fund: a. All monies and other assets currently held by the Park and Recreation Facility Development and Roosevelt Capital Assets Funds together with all earnings thereon. b. Collections from the operation of the Gold Mountain Golf Course, in excess of the sums necessary to pay the golf course debt service, operation and maintenance expenses and capital renewals and replacements. c. Any additional funds received by the City which are committed to park and recreation facility development. d. Donations and bequests specifically dedicated to the fund. Administration. The Park Development Fund shall be administered by the City Treasurer and the Mayor. All monies received by the fund together with investment earnings thereon, may be expended only by authorization of the City Council. The City Council will consult with the Parks '- and Recreation Commission before commitment of these funds. Expenditures shall be limited to items which address the community's park, recreational and open space needs. Section 2. Effective Date. This ordinance shall become effective December 31, 2000. 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 S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL ~, ~,~ ~ 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF:~-~.2~_. \%) ~-.~~ ORIGINATING DEPT: ~) Reducing the B & O Tax on Garbage and Refuse Business ORIGINATOR: --' Rich _Ha~r~ ~ DATE SUBMITTED: October 19,L~000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Se.~ices .~ ~ ~ Proposed Ordinance City Att o m e ~ .,~,~,~,.._Z~~.~. ~o~' Fiscal & I:~udget 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This ordinance will continue the process, begun in January of 1995, of gradually reducing the B & O Tax on garbage and refuse businesses within the City to a level consistent with other utility tax rates. The intention is to reduce the tax rate by one percent each year until the rate is reduced to six percent. 8. RECOMMENDATION: Motion to approve on first reading the Ordinance reducing B & O tax on garbage and refuse businesses. Motion to pass on second reading the Ordinance No. ~ reducing B & O tax on garbage and refuse businesses. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: November 2001 10. NOTICE OF ACTION PULLED~couNCiL DIRECTIvE:TABLED~ APPROVED~ DISAPPROVED AMENDE[I--t- l ,,. 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The tax rate on garbage and refuse businesses will remain at the current level. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This change is included in the revenue assumptions of the 2001 - 2002 Preliminary Budget. This creates a reduction of General Fund revenues of approximately $47,500 per year compared to the prior tax rate. 7. RESEARCH SOURCES: BMC 5.02.070(p) ORDINANCE NO. AN ORDINANCE relating to occupation tax for the garbage/refuse business, and amending Chapter 5.02 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 5.02.070 of the Bremerton Municipal Code is hereby amended to read as follows: 5.02.070 OCCUPATION TAX - RATES - WHO MUST PAY - UTILITIES. There is hereby levied upon and there shall be collected from every person as hereinafter provided for the act or privilege of engaging in business activities within the City, whether his office or place of business be within and/or without the City, an occupation tax, sometimes herein referred to as the "tax", in amounts to be determined by application of the rates given against the value of products, including byproducts, gross proceeds of sales or gross income of the business, as the case may be, as follows: (p) Upon every person, firm, or corporation engaged in the business of collecting garbage, refuse, hazardous materials or other waste within the corporate limits of the City an annual tax of fouctee~ ~ P..e..r...cent (-1-4%) ~ of the total gross income rendered within the City, effective January 1, L3{9(~ ~ Section 2. Effective Date. This ordinance 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 AGENDA BILL BREMERTON CITY COUNCIL Dec. 6, 2000 I. SUBJECT: ORDINANCE NO. FOR AGENDA OF: Dec. 13, 2000 &/ ORIGINATING DEPT: Treasure~ Amending BMC 15.06 Setting Utility Assessments, Fees ORIGINATOR: Rich H,a~r~a and Charges Effective Jan. 1,2002. DATE SUBMITTED: Nov. 28, 2000 ///,,~, ~/.,,,' Dir. Publ,cWorks. ~.) ~/~/') Proposed Ordinance City Attorney ~_/. _Z.~_~,,../~ ~ Fiscal& B u dg~-~'"~"~"-'"'~/ Operations ~'~'//~'~'~f// ENDORSE~ENT~ ~,~ INFORMA'I/ION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed ordinance will allow the City's utility assessments, fees and charges to be adjusted to compensate for the effects of inflation. This adjustment, which will increase water rate revenue by 5% and wastewater rate revenue by 3% will take effect January 1, 2002. These adjustments are necessary to allow the utilities to meet the costs of operations & maintenance and to implement the capital improvements which are mandated to meet environmental and water quality regulations. 8. RECOMMENDATION: Motion to approve on first reading the ordinance adjusting utility assessments, fees and charge., Motion to pass on second reading Ordinance No. ~ adjusting utility assessments, fees a~ 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDE£~ U COUNCIL DIRECTIVE: 11. AGENDA BILL NO: /...~0--27~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Current water and wastewater rates will remain in effect. This will result in a shortage of revenues to the utilities. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES- Included in the 2001 - 2002 budget. 7. RESEARCH SOURCES: Capital Improvement Plan. Rate analysis by staff. ORDINANCE NO. AN ORDINANCE amending assessments, rates, fees and charges for municipal water, wastewater and stormwater services and amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance 4675. THE CITY COUNCIL OF THE CITY OF BREMERTON DOES ORDAIN: Section 1. Amendment. Section 15.06.015 is hereby amended to read as follows: 15.06.015 INCORPORATION AND CPI ADJUSTMENT. Assessments, rates, fees and charges attached hereto as Appendix A and incorporated herein by this reference are hereby adopted. In addition to such other changes as may be approved by City Council, commencing January 1, 2003 and in January of each successive year thereafter, the fees, rates and charges in this section shall automatically be adjusted based upon the Consumer Pdce Index for all Urban Consumers (CPI-U), U.S. City Average, as published by the Bureau of Labor Statistics for the year ending June 30 of the previous year. Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton on the day of ,20 PASSED by the City Council of the City of Bremerton on the day of ,20~ CAROL ARENDS, Council President APPROVED this day of ,20 LYNN S. HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Chapter 15.06 Appendix A ASSESSMENTS, RATES, FEES AND CHARGES EFFECTIVE JANUARY 1, 2002 Within City Limits Outside City Limits GENERAL FACILITY FEES Water (Per ERE0 $205.00 $310.00 Wastewater (Per ERU) $ 205.00 $ 310.00 FRONT FOOTAGE FEES Water Per Front Foot $11.05 $16.55 Off Road Rate $545.00 $820.00 Wastewater Per Front Foot $11.05 $16.55 Off Road Rate $545.00 $820.00 Properties not included in ULID #327 $71.55 Fronting the sewer main in Northlake Way. Installed as part of the Kitsap Lake Sewer Extension Project. CONNECTION/INSPECTION FEES Water 3/4" $871.50 $1,307.25 1" $934.50 $1,401.75 1 1/2" $1,680.00 $2,520.00 2" $1,890.00 $2,835.00 Greater than 2" Time & Materials 150% of Time & Materials Field Inspection Fees Water main extensions (Per Foot) $0.80 $1.18 But not less than: $315.00 $472.50 Pump Station $525.00 $787.50 Miscellaneous (Per Hour) $42.00 $63.00 Wastewater Lateral Connection at P/L $42.00 $63.00 Lateral Connection at Main $262.50 $393.75 Conveyance Facility Ext. (Per Foot) $1.30 $2.00 But Not Less Than: $315.00 $472.50 Pump Station $525.00 $787.50 Utility Plant Inspection $42.00 $63.00 (Sewer Cap) Miscellaneous (Per Hour) $42.00 $63.00 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $4.05 $6.05 1 inch $4.60 $6.90 1 1/2 inch $6.55 $9.85 2 inch $8.80 $13.25 3 inch $16.70 $25.00 4 inch $31.10 $46.70 6 inch $110.30 $165.45 8 inch $402.60 $603.90 10 inch $1,437.40 $2,156.10 12 inch $5,405.00 $8,107.50 Commodity Charge (Per HCF) $0.75 $1.125 Fire Protection - Monthly Service Charge Service Size 2 inch $15.60 $23.40 3 inch $17.20 $25.80 4 inch $18.75 $28.10 6 inch $23.40 $35.15 8 inch $31.15 $46.75 10 inch $43.70 $65.55 12 inch $62.45 $93.65 Low-Income Senior and Low-Income Disabled Citizen Rates - Monthly Service Charge Meter Size 5/8 x 3/4" Base Charge (Per Account) $4.05 $6.05 Commodity Charge 0 - 10 HCF/Billing No charge No charge Over 10 HCF/Billing (Per HCF) 0.75 $ 1.125 Temporary/Construction Meter ~ze 3/4" & 1" Deposit $100.00 $100.00 Base Fee (Per Month) $40.60 $60.90 Hydrant meter Deposit $500.00 $500,00 Base Fee (Per Month) $81.20 $121.80 Equipment Loss/Damage Replacemem Cost Replacement Cost Commodity Charge (Per HCF) $0.75 $1.125 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (Per Account) $10.00 $11.50 Commodity Charge (Per HCF) $3.70 $4.25 Duplex on 1 Meter or 2 Bldgs. On 1 Meter or Single Parcel Base Charge (Per Unit) $7.95 $9.10 Commodity Charge (Per HCF) $3.70 $4.25 Multiple Family Base Charge (Per Unit) $7.95 $9. l0 Commodity Charge (Per HCF) $3.70 $4.25 Commercial I Base Charge (Per Account) $11.50 $13.20 Commodity Charge (Per HCF) $3.70 $4.25 Commercial II Base Charge (Per Account) $11.65 $13.40 Commodity Charge (Per HCF) $5.80 $6.67 Low-Income Senior and Low-Income Disabled Citizen Rates - Monthly Service Charge Base Charge (per Account) $6.50 $7.50 Commodity Charge (Per HCF) 0 - 1000 CF/Billing No charge No charge Over 1000 CF/Billing $3.70 $4.25 Set,rage Disvosal (Per Gallon of Tank Capacity) $0.13 $0.13 RETAIL STO~ATER RATES Monthly Service Charge Single Family Base Charge (Per Account) $4.00 Exception: Duplex W/2 Meters (per Account) $2.00 Multiple Family Base Charge (Per ISU) $4.00 N/A Commercial Base Charge (per ISU) $4.00 N/A Public School Districts (Per Acct) $4.00 Low Income Senior and Low Income Disabled Citizen Rate (Per Acct) $2.50 N/A Multiple Family & Commercial Rate Adjustment Water Quality (per ISU) ($0.50) N/A Water Quantity (Per ISU) ($1.50) N/A Stormwater Penalty for new Multiple Family & Commercial development without on-site detention. (Per ISU) $0.50 N/A MISCELLANEOUS FEES AND CHARGES Park Reservation Fee $25.00 $25.00 (non-refundable) Office Services Account Maintenance $5.00 $5.00 Past Due Notice $2.50 $2.50 ACH Credit ($0.50) ($0.50) Lien Recovery Charge $50.00 $50.00 Duplicate Bill Charge $1.00 $1.00 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt $525.00 $787.50 Concrete $630.00 $ 945.00 County Road Permit N/A Cost Wet Tapping (Water Main Only) 8" and smaller $2,415.00 $3,622.50 Greater than 8" Time & Materials 150% of Time & (Does Not Include Pavement Restoration Charge) Materials Fire Hydrant Installation $3,517.50 $5,276.25 (Does Not Include Pavement Restoration Charge) Water Meter Reinstallation $42.00 $42.00 Cross-Connection Control Device Test/Inspection $42.00 $42.00 Water Service Turn-off/Turn-on (Customer Request) Regular Hours No Charge No Charge After Hours $105.00 $105.00 Delinquency Notice $10.50 $10.50 Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours $42.00 $42.00 After Hours $105.00 $105.00 Flow and Pressure Test (Uncenified) 3/4" & 1" meters only $42.00 $42.00 1 1/2~' & 2" meters only $84.00 $84.00 Utility Plant Locates Regular Hours N/C N/C After Hours $105.00 $105.00 Emergency N/C N/C Meter Test Fee Schedule Size 3/4" & 1" $75.60 $75.60 1 1/2" & 2" $105.00 $105.00 3" or greater (w/Test Port) $136.50 $136.50 3" or greater (w/o Test Port) Time & Materials 150% ofTime & Materials Engineering Services Plan Check Fees Main Extensions (Per Foot but $0.11 $0.16 not less than:) $105.00 $157.50 (Includes hydrants and appurtenances and connection to water system) Pump Stations $525.00 $787.50 Fireline Extension $73.50 $110.25 Irrigation Systems $73.50 $110.25 System Connections $73.50 $110.25 Miscellaneous (Per Hour) $42.00 $63.00 Storm Drainage Plan Review Fees** Preliminary Drainage Plans Residential Development $325.00 N/A Non-Residential Development $225.00 N/A (Plus Per ISU) $10.00 Final Detailed Drainage Plans Residential Development (Per Lot) 0 - 20 Lots $35.00 N/A 21 - 50 Lots $25.00 N/A 51 - 100 Lots $22.50 N/A 100+ Lots $20.00 N/A Minimum Charge $250.00 N/A Non-Residential Development (Per ISU) $10.00 N/A Minimum Charge $150.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $250.00 N/A Storm Drainage Inspection Fees** Residential Development (Per Lot) $15.00 N/A Non-Residential Development (Per I SU) $10.00 N/A Minimum Charge $100.00 N/A Conveyance Fac. Ext. (Per Foot) $0.75 N/A With Minimum Charge $300.00 N/A Unscheduled Inspections $40.00 N/A (Per Site Visit) (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy al~proval.) ** Does not apply to single family residence or duplex construction on an existing established lot. AGENDA BILL BREMERTON CITY COUNCIL Dec. 6, 2000 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: Dec. 13, 2000 ORIGINATING DEPT: --T"~-~'~w,f~J Adopting the 2001 o 2002 Biennial Budget ORIGINATOR: Rich Ha~a DATE SUBMITTED: Nov. 2,~2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Proposed Ordinance Dir. Admin. Serv.~'~- ~-~"t-~'m~'""' Mayor's Preliminary Budget (,by reference) City Attome~~~~~,~ ENDORSEMENTS "~' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This ordinance adopts the City's 2001 - 2002 Biennial Budget at the fund level as described in the Mayor's Preliminary Budget. 8. RECOMMENDATION: Motion to approve the Ordinance adopting the 2001 - 2002 Biennial Budget on first reading. Motion to pass Ordinance No. ~ adopting the 2001 - 2002 Biennial Budget on second reading. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: Dec. 31,2002 REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED ~COUNCiL DIRECTIvE:TABLED ~ APPROVED DISAPPROVED AMENDED1--1 K 11. AGENDA BILL NO: O0 '"C~~) 2. CLEARANCE COMMENTS: ,5. IMPACT ON NON-PASSAGE: The City will lack the authority to spend money or to employ staff after Dec. 31, 2000. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: As presented in the several study sessions. 7. RESEARCH SOURCES: Preliminary budget document. ORDINANCE NO. AN ORDINANCE of the City of Bremerton approving and adopting the biennial budget for the several funds of the City of Bremerton for the years 2001 and 2002, and appropriating the amounts set forth in each budget to each fund in accordance with RCW 35.34. THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: That the biennial budget for the City of Bremerton, to wit: "Official Budget for the years 2001 and 2002, City of Bremerton", now on file in the office of the City Clerk of the City of Bremerton, be and the same is hereby approved and adopted, and the respective amounts provided for in said budget for the several funds of the City of Bremerton, be and the same are hereby fixed and adopted as follows: 031 ~ $26,483,015 ~,554,830 101 Arterial Street 10,357,984 3,211,223 1Q2 Street 2,108,250 2'141,250 106 C~-m u"Ay Bevet~-rert 2'871,000 2,613,000 110 Police Special Projecls 249,500 212,000 112 Park De,/dq:rrer't 3,233,000 615,665 113 aaTer~ ~ A_-,_- -_~._s Television 178,450 183,803 114 Gift and B3~on 56,850 37,625 201 Bond Fund 974,885 971,643 202 UDG_~*a ¢.y 51,500 55,500 401 V~ter ~ng 11,904,063 6,751,065 407 rvl.ndl~ Gsif~ 5,869,740 2'846,915 451 V~ste,~ Ope~ons 21,997,754 18,694,053 481 st~opa~o's 1,637,135 978,174 5o3 Rs~~ 2,555,000 2,585,ooo 510 Eq~ Rental Re~erve 3,876,711 4,368,389 EPCf43 TOTAL BIEt~,i UM $171.890.972 Of the total revenue for 2001, the sum of $5,769,748 is the estimated amount to be received from a $3.9443 levy per $1,000 of assessed valuation of all property within the city limits of the City of Bremerton as set forth in Ordinance No.q"l 2.~. SECTION 2: That the separate totals set forth in Section 1, hereof for each of said funds, as particularly itemized in the "Official Budget for the years 2001 and 2002, City of Bremerton on file in the office of the City Clerk of the City of Bremerton, be and the same are hereby appropriated to each of said departments for the fiscal year 2001 and 2002. SECTION 3: Nothing contained herein shall be construed to require the City of Bremerton or its officers to fill any vacancy in any of the positions established by this ordinance resulting from the discharge, resignation or retirement of such employee. Nothing herein contained shall require the City of Bremerton or its officers to pay the maximum amount budgeted for any position shown therein. SECTION 4: This Ordinance shall become effective 10 days from its passage and publication. APPROVED by the City Council on the first reading on this day of December, 2000. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this day of December, 2000. CAROL ARENDS, Council President APPROVED this day of December 2000. LYNN HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk EFFECTIVE DATE: PUBLISHED: ORDINANCE NO. AGENDA BILL BREMERTON CITY COUNCIL Dec. 6, 2000 /~ 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: Dec. 13, 2000 ~.~ AMENDING THE FY 2000 BUDGET ORIGINATING DEPT: --~'~-~--,~ ORIGINATOR: Rich ~;~a~na ~ DATE SUBMITTED: Nov. 2, 2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS:  Proposed Ordinance City Attorney ~ Summary of Adjustments Dir. Admin Set. ~ q..~_~~ ~'~1~.-~/~ ~._.~~.,~'." Budget Adjustments 00-1 through 00-30 ENDORSEMENTS ~' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A number of changes to the 2000 operating budget have become necessary since the budget was ordginaly adopted. These changes, most of which have previously been approved by Council, are detailed in the attached documents. This amending ordinance is necessary to keep the City's adopted budget consistent with these changes in financial plans. 8. RECOMMENDATION: Motion to approve the ordinance amending the FY 2000 budget on first reading. Motion to pass Ordinance No. ~ amending the FY 2000 budget on second reading. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 12/31/2000 REVIEW DATE: N/A PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City's budget will not reflect the several changes documented in the attached documents. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: ,As indicated on the attached documents. 7. RESEARCH SOURCES: Actual financial performance during 2000. ORDINANCE NO. AN ORDINANCE amending Ordinance No. 4686 relating to the budget of the City of Bremerton for Fiscal Year 2000 THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: Section I of Ordinance No. 4686 is hereby amended as follows: That the financial budget for the City of Bremerton, to with: "Official Budget for the year 2000, City of Bremerton", now on file in the office of the City Clerk of the City of Bremerton, be and the same is hereby approved and adopted, and the respective amounts provided for in said budget for the several funds of the City of Bremerton, be and the same are hereby fixed and adopted as follows: ESTIMATED REVENUES AND EXPENDITURES FOR THE YEAR 2000 FUND # DESCRIPTION AMOUNT 001 General ................................................................................. $2a., ! 95,222 24,377,414 101 Arterial Street ........................................................................... 4,802,176 102 Street ........................................................................................ 2,931,980 2,206,980 103 Contingency Reserve .................................................................. 7a. 9,999 915,000 104 Civic Improvement/Stadium ....................................................... ! 98,999 463,000 105 Parking System Revenue ............................................................. 715,500 106 Community Development Block Grant. ................................... 1,896,800 108 Abatement Revolving Fund ........................................................... 67,500 109 Real Estate Transfer Tax ............................................................. 920,000 110 Police Special Projects ................................................................ 117,500 112 Parks Facility Construction ........................................................... 5a.,~59 194,869 113 Bremerton Kitsap Access Television ..................................................... 0 169,353 201 Bond Fund ................................................................................ 1,025,916 401 Water Operating ..................................................................... 12,633,896 407 Municipal Golf Course ............................................................. 2,906,153 451 Wastewater Operating ............................................................ ! 7,99~.,5a.a. 18,034,544 481 Stormwater Operating .............................................................. 1,559,131 503 Risk Management ..................................................................... 2,165,000 510 Equipment Rental Reserve ....................................................... 4,416,316 601 Cemetery Perpetual Care ............................................................. 132,000 621 Local Improvement District Guaranty. .......................................... 46,000 622 Roosevelt Capital Asset .............................................................. ~ 3,684,254 623 Gift and Donation Fund ................................................................ 2a~,$9~ 44,806 624 Employee Medical Insurance Reserve .......................................... 87,000 GRAND TOTAL ESTIMATED REVENUES AND EXPENDITURES: Sggr44g;463- $83,581,108 Of the total revenue, the sum of $5,445,138 is the estimated amount to be received from a $3.9208 levy per $1,000 of assessed valuation of all property within the city limits of the City of Bremerton as set forth in Ordinance No. 4672: APPROVED by the City Council on the first reading this day of December, 2000. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this day of December, 2000. CAROL ARENDS, Council President APPROVED this day of December, 2000 LYNN HORTON, Mayor ATTEST: KATHY MCCLUSKEY, City Clerk EFFECTIVE DATE: PUBLISHED: ORDINANCE NO: 2000 AMENDING ORDINANCE NO. 2 SUMMARY OF BUDGET ADJUSTMENTS CURRENT NET AMENDED 1999 BUDGET ADJUSTMENTS BUDGET 001 GENERAL $24,198,322 $179,092 $24,377,414 101 ARTERIAL STREET 4,802,176 4,802,176 102 STREET 2,031,980 175,000 2,206,980 103 CONTINGENCY RESERVE 740,000 175,000 915,000 104 CIVIC IMPROVEMENT/STADIUM 198,000 265,000 463,000 105 PARKING SYSTEM REVENUE 715,500 715,500 106 COMMUNITY DEVELOPMENT BLOCK GRANT 1,896,800 1,896,800 108 ABATEMENT REVOLVING FUND 67,500 67,500 109 REAL ESTATE TRANSFER TAX 920,000 920,000 110 POLICE SPECIAL PROJECTS 117,500 117,500 112 PARK FACILITY CONSTRUCTION 64,869 130,000 194,869 113 BREMERTON KITSAP ACCESS TELEVISION 0 169,353 169,353 201 BOND FUND 1,025,916 1,025,916 401 WATER OPERATING 12,633,896 12,633,896 407 MUNICIPAL GOLF COURSE 2,906,153 2,906,153 451 WASTEWATER OPERATING 17,994,544 40,000 18,034,544 481 STORMWATER OPERATING 1,559,131 1,559,131 503 RISK MANAGEMENT 2,165,000 2,165,000 510 EQUIPMENT RENTAL RESERVE 4,416,316 4,416,316 601 CEMETERY PERPETUAL CARE 132,000 132,000 621 LOCAL IMPROVEMENT DISTRICT GUARANTY 46,000 46,000 622 ROOSEVELT CAPITAL ASSET 699,054 2,985,200 3,684,254 623 GIFT AND DONATION FUND 24,806 20,000 44,806 624 EMPLOYEE MEDICAL INSURANCE RES. 87,000 87,000 TOTAL $79,442,463 $4,138,645 $83,581,108 CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: REAL ESTATE EXCISE Adjustment Number: 2000 - 1 IApproval Authority Required: ~--~Treasurer r-]Mayor ~-- Fiscal & Budget ~]Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Reduce Ending Cash 65,754 Increase Capital 65,754 NARRATIVE: This adjustment will provide for continuation of the professional services contract with Exponent for oversight of the remediation efforts at Smith Cove. Department Head Signature Date D~ctor ~g~t'u~'e Date Treasurer Comments: ~-~ Recommended ~ Not Recommended ' j Treasurer's Sign uate Mayor Comments: r-~ Recommended ~ Not Recommended F-~ Approved ~-~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Recommended ~ Not Recommended -~ FTZ]F--Appr°ved r---] Denied ~ __~~:¢~.~¢---¢-dr~,~~ ~ '-'7-. ¢¢al & Budget CommiFe,4S']gl~~a.te CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: CiViC IMPROVEMENT Adjustment Number: 00-2 Approval Authority Required: r-]Treasurer r-]May°r r- Fiscal & Budget r-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount CURRENT APPROPRIATIONS 180,000 DISTRIBUTION PER A'I-i'ACHED 180,000 NARRATIVE: This adjustment will allocate the City's Hotel / Motel Tax revenue to vadous toudsm supporting organizations and activities as indicated on the attached memo. Department Head Signature Date Director Signature ~ Date Treasurer Comments: [-~Recommended ["'-'~ Not Recommended --'- ~ ["Z-/C~ Treasurer's Signature Date Mayor Comments:  Recommended ~ Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: ~'"~ Approved ~----'] Denied //~,/~ Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: EQUIPMENT RENTAL, Adjustment Number: 00-3 GENERAL, SIU I Approval Authority Required: [-]Treasurer ~'-~Mayor [-' Fiscal & Budget ~-'~Councit SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Equipment Rental: Decrease Capital 99,000 Increase Ending Cash 99,000 Police SIU: Reduce Ending Cash 26,500 Increase Capital 26,500 NARRATIVE: This adjustment will update the budget to correspond with changes in equipment procurement / replacement which have occurred since passage of the budget in 1998. These changes are detailed in the schedule attached. Department Head ate Director Signature Date Treasurer Comments: Treasurer's Signature ~- D Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: /, Fisca Committee Signature Date · CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: PARKS DEPT. Adjustment Number: 00 - 4 JApproval Authority Required: J J--JTreasurer J'-JMayor J- Fiscal & Budget J-"-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount ROOSEVELT TRUST: Grant Revenue 150,000 Capital Project 550,000 County Contribution 200,000 Transfer from Hotel Motel 160,000 Donations 40,000 EQUIPMENT RENTAL: Reduce Ending Cash 145,000 Interfund Loan 145,000 HOTEL MOTEL TAX FUND: Interfund Loan from ER & R 145,000 Transfer to Roosevelt Trust 145,000 NARRATIVE: This adjustment provides for the installation of lighting at Pendergast Regional Park with funding provided by iAC, Kitsap County, Bremerton and donations from local businesses and individuals. Department Head Signature Date l]~ctor STg~at~r~ Date Treasurer Comments: j---J Recommended ~ Not Recommended ~ Mayor Comments: Treasurer's ~ignatu-'i'~.~__ Di~te ~ Recommended J----1 Not Recommended J'---J Approved J--'-J Denied ~. ~-~,~ 'w//>--~//~.~ Mayor's Signature D~te / Fiscal & Budget Committee Comments: j-'--J Approved J----J Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: ROOSEVELT TRUST FUND Adjustment Number: 00-6 I Approval Authority Required: ~-']Treasurer ~-'~Mayor ~-' Fiscal & Budget [-'-'-'~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Increase Revenues: Increase Expenditures: lAC Grant 61,030 Warren Ave. Playfield Project 10,200 .Contribution from Golf Fund 74,170 Increase Ending Cash 125,000 135,200 135,200 NARRATIVE: This adjustment will provide for the upgrade of park facilities at the Warren Ave. Playfield using grant money received from the lAC with matching funds coming from the profits of Gold Mountain Golf Complex. Department Head Signature Date IZ~r~ctdr ~i~natUre Date Treasurer Comments: ~ Recommended ~ Not Recommended Treasurer's Signature Mayor Comments: ~-~ Recommended ~ Not Recommended ~ Approved [-~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST REAL ESTATE EXCISE TAX FUND Requesting Department: ROOSEVELT TRUST FUND Adjustment Number: 00-9 IApproval Authority Required: J--JTreasurer j--JMayor j-- Fiscal & Budget J--"~Council SOURCE OF FUNDS: JSE OF FUNDS: Description Amount :)escdption Amount SEE ATTACHED SCHEDULE SEEATTACHEDSCHEDULE NARRATIVE: This adjustment will provide for the remediation and construction of the Evergreen Park expansion on the properties aquired for that purpose on the South side of Smith Cove. Funding will be a combination of grant funding from the State Department of Ecology and lAC, a donation from the Rotary Club and City monies from the Roosevelt Trust and Real Estate Excise Tax funds. Department Head Signature Date Director S~gnature Date Treasurer Comments: ~ Recommended F'~ Not Recommended ~ Treasurer's SignatOl, e~ ____.__ Mayor Comments: /r~ Recommended F---] Not Recommended Ma~/? ~_/L/' J----J Approved [---"] Denied ~-// //-1-) ,,- ,-- y r's Signature Date Fiscal & Budget Committee Comments: Fiscal & Budget Co~mitt~e Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: BKAT FUND / GENERAL FUND Adjustment Number: 00.10 Approval Authority Required: r-]Treasurer [--]Mayor r- Fiscal & Budget [-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount BKAT FUND: BKAT FUND: BEGINNING CASH 1,945 CATV REVENUES 147,408 PERSONNEL 125,000 FROM GENERAL FUND 20,000 SUPPLIES & SERVICES 44,353 169,353 169,353 GENERAL FUND: GENERAL FUND: PERSONNEL 122,088 SUPPLIES & SERVICES 29,245 CATV REVENUES 147,408 GEN. MISC 16,075 TO BKAT FUND 20,000 167,408 167,408 NARRATIVE: This adjustment will move the revenues and expeditures budget for the CATV program from the General Fund to the new BKAT Fund. The adjustment also provides for the use of the dedicated monies carried forward from prior years operations. Department Head'Signature \ Date' ' Director Signature Date Treasurer Comments: ~ ~ Recommended ~ Not Recommended Treasurer's Signature ~ D~e / Mayor Comments: E~ Recommended ~ Not Recommended ~ Approved r---] Denied ~~¢_,~ -¢-/¢F/~ Mayor's Signature Date Fiscal & Budget Committee Comments: [-~ Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGE'r ADJUSTMENT REQUEST Requesting Department: EQUIPMENT RENTAL FUND Adjustment Number: O0.11 IApprovalAuthority Required: I SOURCE OF FUNDS: USE OF FUNDS: Description Amount [Description Amount REDUCE ENDING CASH 130,000 BIOSOLIDS VEHICLE 130,000 NARRATIVE: This adjustment will provide expenditure authority necessary for the replacement of two existing vehicles used in biosolids transport and application with one new vehicle. The necessary monies are in the Equipment Rental Reserve Fund to fund this replacement. DepaCtment~t:leac~ S~ Date Director Signature Dalte Treasurer Comments: ~ Recommended ~ Not Recommended Treasurer's Signature Mayor Comments: ~ Recommended ~ Not Recommended J~J Approved J-----J Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: CEMETERY PERPETUAL CARE Adjustment Number: 00-12 PARK DEVELOPMENT FUND I Approval Authority Required: r-]Treasurer ~-IMay°r F Fiscal & Budget r~.Council , SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount CEMETERY PERPETUAL CARE: Reduce Ending Cash 130,000 Transfer Out 130,000 PARK DEVELOPMENT FUND: Transfer In 130,000 Irrigation Project 35,000 Increase Ending Cash 95,000 NARRATIVE: This adjustment provides for the transfer of monies to the Park Development Fund from of the Ivy Green Cemetery Perpetual Care Fund in order to close the perpetual care fund. It also provides for the funding of the cemetery irrigation project from the monies transferred to the development fund. Department Head Signature Date D~'~ctor Signatur& Date Treasurer Comments: ~-~ Recommended ~ Not Recommended Mayor Comments: ~ Recommended ~ Not Recommended ¢¢ ~ Sil~r~ature Date Fiscal & Budget Committee Comments: ~ Recommended ~ Not Recommended F-~ Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: CITY AUDITOR Adjustment Number: 00-13 I Approval Authority Required: ~--~Treasurer F']Mayor r-- Fiscal & Budget r~council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Increase Beginnig Cash 37,500 Increase Professional Services 37,500 NARRATIVE: This adjustment will provide expenditure authority necessary to fund the professional services agreement contracting for review of the Administrative Services Department. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended F----] Not Recommended ¢' l--L Treasurer's Signature Date Mayor Comments: r~ Recommended ~ Not Recommended ~-~ Approved ~ Denied Mayor s Signature Date Fiscal & Budget Committee Comments: Approved F-~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST 00-14 Requesting Department: CiViC IMPROVEMENT Adjustment Number: EQUIPMENT RENTAL Approval Authority Required: ~-]Treasurer ]--]Mayor [--- Fiscal & Budget [~-]Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Equipment Rental Fund: Reduce Ending Cash 120,000 Inter-Fund Loan Issued 120,O00 Civic Improvement Fund: Inter-Fund Loan Received 120,000 Cash Advance to Admiral Theater 120,000 NARRATIVE: This adjustment will provide expenditure authority necessary to provide a cash advance to the Admiral Theater Foundation which is needed in order to assist the Foundation in meeting the cash-flow requirements of their final payment to HUD on the loan which partially financed the renovation. Department Head Signature Date Dire~;to-r Signature I Date Treasurer Comments: I ~Recommended ~ Not Recommended (~ Treasurer's Signature ~ Da~/e Mayor Comments: E~ Recommended [~] NotRecommended ~w-~/' ~ Approved ~ Denied Ma~r ¢/'~¢ //~ 's SJgnature Date Fiscal & Budget Committee Comments: Approved ~'~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: MUNICIPAL COURT Adjustment Number: 00.15 Approval Authority Required: I-]Treasurer F'IMay°r r Fiscal & Budget [~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Beginning Cash 8,000 Probation Officer Position 16,000 Grant Revenue 8,000 16,000 NARRATIVE: This adjustment authorizes an additional full-time position in the Municipal Court, effective September 1, 2000, and the related expenditure authority. Department Head Signature Date Director Signature Date Treasurer Comments: r-----] Rec°mmended r-~ Not Rec°mmended ~T~~ 7t~e~ Treasurer's Signature' Mayor Comments: r---] Recommended r----] Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: Human Resources Adjustment Number: 00-16 Approval Authority Required: ~-~Treasurer g~Ma¥or [~ Fiscal & Budget g]Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Beginning Fund Balance 36,000 Supplies & Services 36,000 NARRATIVE: To fund a compensation and classification study for all Teamsters and Management & Professional staff positions. Department Head S~.~ature Dat~ ' Direct---or Signature Treasurer Comments: Treasurer's Sign~tu re -~at~ Mayor Comments: ~ Recommended ~ Not Recommended / ~ Approved ~ Denied q~. ~ Mayor's Signature ~a~teJ~'''~ Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: POLICE Adjustment Number: 00-17 Approval Authority Required: ~--]Treasurer r-]Mayor ~ Fiscal & Budget [~-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Reduce Set-Aside 112,579 Increase Police Personnel Costs 112,579 NARRATIVE: This adjustment will transfer expenditure authority to the Police Department necessary to address the FY 2000 coliective bargaining agreements with department employees. The expenditure authority is being transferred from the General Miscellaneous Department where it was reserved pending the conclusion of the bargaining process. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended ~ Not Recommended %///, Treasurer's Signatu'r'~-~ . Date Mayor Comments: ~-] Recommended [----] Not Recommended ~ Approved r-~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved [--~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: COMMUNITY DEVELOPMENT Adjustment Number: 00-18 I Approval Authority Required: r~Treasurer ~-~Mayor r-- Fiscal & Budget [~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount NARRATIVE: This adjustment will revise the authorized staffing of the Department of Community Development as indicated in the attached documents. No additional expenditure authority is required in FY 2000 in order to implement these changes. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended ~ Not Recommended ~J ~ Treasurer's Signature Date Mayor Comments: ~ Recommended ~ Not Recommended Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~-~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: WASTEWATER Adjustment Number: O0. 19 Approval Authority Required: [-]Treasurer F-~Mayor [-- Fiscal & Budget [~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Proceeds of Property Sale 40,000 Professional Services - Outside Counsel 40,000 NARRATIVE: This adjustment will allocate a portion of the proceeds from sale of real property in the area of the WWTP to retain outside legal counsel to pursue claims made by the City. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended ~ Not Recommended ~ Da~e//~-~~) Treasurer's Sign a-'t'uf-e~ - Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved ~ Denied ~ ~. /~~ q~)'/~-.~ Mayor s Signature Date Fiscal & Budget Committee Comments: iscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: AUDITOR Adjustment Number: 00-20 Approval Authority Required: r-]Treasurer ]--]Mayor [-- Fiscal & Budget r~C°uncil SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Increase Beginning Cash 3,000 Increase Personnel Costs 3,000 NARRATIVE: This adjustment will provide for an in-range rate adjustment to the Auditor's compensation. Department Head Signature Date Director Signature Date Treasurer Comments: ~-----] Recommended r-~ NotRecommended ~ Treasurer's Signature ~ ua~e Mayor Comments: ~[~ Recommended r-~ NotRecommended ~._ Approved r---] Denied ~ ~ Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied ~.._/'_. -,'-~*~"'~-'~"*'--'~ ? _)-- ~.Fi~scal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: MAYOR Adjustment Number: 00-21 I Approval Authority Required: ~--~Treasurer ~-~Mayor [-- Fiscal & Budget ~-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Increase Beginning Cash 9,000 Increase Personnel 9,000 NARRATIVE: This adjustment authorizes the addition of a full-time Municipal Services Coordinator position and the related expenditure authority effective Nov. 1, 2000. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended ~ Not Recommended (~ ~J Mayor Comments: Treasurer's Sil~n"atur~ ______ D~te ~ Recommended ~ Not Recommended ~ Approved ~ Denied ~. ~/--~,~ Mayor's Signature Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: TREASURER Adjustment Number: 00-22 Approval Authority Required: I~Treasurer ~-IMayor ['~ Fiscal & Budget ~-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount STREET: PARKING: Residual Equity Transfer In 175,000 Residual Equity Transfer Out 275,000 CR GENERAL: EQUIPMENT RENTAL: Residual Equity Transfer In 175,000 Residual Equity Transfer Out 75,000 Total 350,000 Total 350,000 NARRATIVE: Ordinance 3327 which authorized Refunding of the 1970 Parking Revenue Bonds required the Parking System Revenue Fund be maintained as long as Parking Bonds were outstanding. The last of these bonds were paid in 1998. This adjustment provides for closing the Parking Fund into a department of the General Fund at year end. The residual money in the fund at year end will be split equally between the Street Fund and the Contingency Reserve Fund. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended F---I Not Recommended / ~(~ \1/~ Treasurer's Signature '"'--..~_..._ Dat~ Mayor Comments: ~ Recommended F---i Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: UTILITIES Adjustment Number: 00-23 Approval Authority Required: ]--]Treasurer [--]Mayor r-- Fiscal & Budget r~COuncil SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Please See Attached Schedules Please See Attached Schedules NARRATIVE: This adjustment will reallocate funding among utiltiy capital projects, shift expenditure authority from capital projects to wastewater maintenance for the main repair at Park Ave. & 11th Street and will move expenditure authority for operations between division managers. Depa.ment Head Si,nature Date Director Si~~e Treasurer Com merits: ~ Recommended ~ Not Recommended ~.~'' I~,/c;,'~ Treasurer's Signature~--..~ ~ Date Mayor Comments: [~ Recommended ~ Not Recommended " ~ Approved r-~ Denied ~~'~ /'~2///2~.f~,'~,,' Mayor's Signature Da(e Fiscal & Budget Committee Comments: Approved ~ Denied ~'-p-~' ~- j_./~-"'~ /"~/ ~ ~: Budget Committee Signature Dbte CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: ABATEMENT FUND Adjustment Number: 00-24 Approval Authority Required: ~--]Treasurer [--]Mayor F Fiscal & Budget ~-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount REDUCE: INCREASE: Building Abatement 2,000 Line of Credit Payment 2,000 NARRATIVE: This adjustment will provide authority to pay off a small draw from the City's abatement Line of Credit. Adequate cash is available to repay the loan without interfering with ongoing operations. Department Head Signature Date irector Signature Date Treasurer Comments: ~ Recommended Mayor Comments: E~ Recommended [----'] Approved / May, or's Signature Date Fiscal & Budget Committee Comments: F'~ Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: FIRE DEPARTMENT Adjustment Number: 00-25 IApproval Authority Required: r-]Treasurer ~--~Mayor r- Fiscal & Budget r'X-]C°uncil I SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount INCREASE: INCREASE: Contract Revenue 125,000 Personnel Costs 125,000 NARRATIVE: This adjustment will provide for the additional revenues and increased labor expenses resulting from the City's contract with Central Kitsap Fire and Rescue. De Si nature Date Director Signature Date Treasurer Comments: ~ Recommended ~ Not Recommended Treasurer's Signature Mayor Comments: : Recommended Approved ~ Denied / y Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: POLICE DEPARTMENT Adjustment Number: 00-26 Approval Authority Required: [--~Treasurer ~--~Mayor [-- Fiscal & Budget r~C°uncil SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount INCREASE: INCREASE: Contract Revenue 50,000 Personnel Costs 50,000 NARRATIVE: In order to better manage the liability exposure of both the City and individual police officers, all 'moonlighting" work done by City officers is paid by the City and billed to the contracting party. This adjustment creates the necessary budget capacity for this change. rtment Head Sigr~ature Date Director Signature Date Treasurer Comments: ~ Recommended ~ Not Recommended \\ Treasurer's Date~ Mayor Comments: Recommended ~ Not Recommended ~ Approved ~ Denied ~. ~ Z ///7 Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: ROOSEVELT TRUST FUND Adjustment Number: 00-27 Approval Authority Required: [-]Treasurer [--IMayor I- Fiscal & Budget I-~lCouncil SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount DECREASE: INCREASE: Ending Cash 2,000 Parking Operations 2,000 NARRATIVE: This adjustment will provide authority for expenditures necessary to convert the waterfront property from its use by Kitsap Transit back into daily parking. Department Head Signature Date I~or Signat'~e Da~e Treasurer Comments: ~ Recommended I-----1 Not Recommended \~, ~_ Treasurer's Signature "',-.,,~ DateI Mayor Comments: ~ Recommended i-----1 Not Recommended / ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved I---'-] Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: DONATIONS - PARKS Adjustment Number: 00-28 Approval Authority Required: [--~Treasurer r-~Mayor r- Fiscal & Budget r~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount INCREASE: INCREASE: Beginning Cash 20,000 Maintenance & Repairs 20,000 NARRATIVE: This adjustment will provide expenditure authority for the Parks department of the Donations Fund. This will authority was inadvertently omitted from the orriginal biennial budget. Department Head Signature Date DCr-Ector SignatUre Date Treasurer Comments: ~ Recommended ~ Not Recommended I ~ Treasurer's S ignat u r-'e-~_ Date Mayor Comments: E~ Recommended ~ Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: r-~ Approved ~ Denied Fiscal & Budget Committee Signature Date 15t CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: ROOSEVELT TRUST Adjustment Number: 00-29 IApproval Authority Required: r-~Treasurer ~--IMAy°r F- Fiscal & Budget [~-ICouncil SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount DECREASE: INCREASE: Capital 1,400,000 Transfer Out 1,400,000 NARRATIVE: This adjustment will provide authority to transfer residual assets of the Roosevelt Capital Assets Fund to the newly created Park Development Fund. Department Head Signature Date Date Treasurer Comments: ~ Recommended ~ Not Recommended ~\ Treasurer's Signature ',...._._ Date Mayor Comments: E~ Recommended [-~-~ NotRecommended r-~ Approved F----I Denied Mayor's Signature Date Fiscal & Budget Committee Comments: [-~ Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: EQUIPMENT SERVICES Adjustment Number: 00-30 Approval Authority Required: r~Treasurer r-]Mayor ]-- Fiscal & Budget r~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount INCREASE: INCREASE: Beginning Cash 50,000 Capital 50,000 NARRATIVE: This adjustment will provide authority for the purchase and installation of the City's first five Mobile Computer Terminals (MCT's) in the 2000 police patrol cars. The ClP includes the upgrade of 24 public safety vehicles to the MCT's to increase efficiency and officer safety. The remaining units will be installed in FY 2001 and are budgeted accordingly. Department Head Signature Date D' "gr~ Date Treasurer Comments: ~ Recommended ~ Not Recommended ~ \ \ ~ Treasurer's Signatu~:-e~._ Date Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved r-~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved r---] Denied Fiscal & Budget Committee Signature Date