HomeMy WebLinkAbout10/22/03 AGENDA FILE
239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 ° Fax (360) 478-5251
CITY COUNCIL MEETING AGENDA
OCTOBER 22, 2003
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in Council Chambers
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
A. Minutes of Meeting - September 24, 2003 (#AB03-196)
B. Minutes of Meeting - October 8, 2003 (#AB03-197)
C. Minutes of Meeting - October 15, 2003 (#AB03-198)
D. Change Order No. 2 for Casad Dam Intake Tower Upgrades Project (#AB03-199)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. Purchase, Sale and Development Agreement between the CITY OF BREMERTON
and the PORT OF BREMERTON (#AB03-200)
9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Public Hearing and Resolution No, 2910 to continue Moratorium on "GROUP
RESIDENTIAL FACILITIES" (#AB03-201)
B. Public Hearing and Resolution No. 2911 to continue Moratorium on "UNLISTED
USES" (#AB03-202)
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
E-mail: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us
DATE SUBMITTED: September 30, 2003 BILL # O
AGENDA BILL
CITY OF BREMERTON ~~
'CITY COUNCIE'
SUBJECT: Minutes of Meeting ~ Committee Meeting Date: N/A
September 24, 2003 COUNCIL MEETING Date: October , 2003
Department: City Council
Presenter: Carol Arends
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held September 24, 2003.
ATTACHMENTS: Minutes for September 24, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
TAPES #1913 & #1914
CITY COUNCIL MEETING MINUTES
September 24, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4t" Street, Bremerton, Washington, Wednesday, September 24, 2003,
at 5:30 P.M., with Council President Carol Arends presiding. Council members present were
Mike Short, Eric Younger, Mike Shepherd, Ed Rollman, and Cecil McConnell. Council
members Wayne Olsen, Daren Nygren, and Will Maupin were absent. Also present were City
Attorney Roger Lubovich; 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 provided by Young Life Area Director Brian Kienle.
President Arends made the following announcements:
1. The regular Pre-Council session was held in the Council Conference Room to discuss
updates to the agenda; and included a 5-minute Executive Session to discuss "PERSONNEL";
2. Two Resolutions were added to the agenda tonight as Items 9(E) and 9(F) under PUBLIC
HEARINGS.
CONSENT AGENDA
A. Minutes of Meeting - September 17, 2003 (#AB03-180)
B. 2003 Bulletproof Vest Partnership Grant (#AB03-181)
C. Contract Award for "SR-304 Transportation Improvement Project, Underground
Storage Tank Decommissioning No. 3" (#AB03-182)
D. Kitsap Lake House Rental Agreement (#AB03-183)
#0038 M/S/C/U (McConnell/Rollman) Move to approve Consent Agenda as presented.
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on
a listing that had been made available to the Council.
#0058 MIS/C/U (Younger/McConnell) On September 24, 2003, the Council approved payment
for Check Numbers 284390 through 284606; and EFT7830 through EFT7863 in the total
amount of $617,493.70; and Regular Payroll in the amount of $928,302.39 for the pay-period
ending September 15, 2003.
COUNCIL MEMBER REPORTS
Ed Rollman mourned the passing of former Bremerton Mayor Louis Mentor; and indicated that
he would support the renaming of the Bremerton Boardwalk in his honor. He also participated
in the welcoming parties for the incoming ships USS CARL VINSON and USS SACRAMENTO.
Mike Shepherd reminded residents that the District 5 Neighborhood meeting was rescheduled
to Thursday, October 2, 2003, beginning at 6:30 P.M. at the Lutheran Memorial Church;
encouraged the public to stop and say goodbye to "Just Your Cup O' Tea" as this was their last
week downtown; and lastly, discussed the diminished service on the Bremerton ferry schedule.
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 2 of 6
Eric Younger also commented on the negative impact due to the cuts in ferry service.
Mike Short thanked VFW Post 239 for the invitation to attend their annual POW & MIA
Remembrance Dinner, and thanked President Arends for reading a proclamation on behalf of
the Mayor to proclaim September fg, 2003 as POW & MIA Remembrance Day. He also
extended an invitation to the Mayor from VFW Post 239 to come for dinner any Friday evening.
Carol Arends discussed her attendance at the KRCC Annual Retreat last Thursday with fellow
Council member Will Maupin; and the POW & MIA Remembrance Dinner. She also
commented on the diminished ferry service. On behalf of Daren Nygren, she announced the
next District 3 Neighborhood meeting would be held Tuesday, September 30 from 7:00 to 8:30
P.M at the Manette Senior Center located at 13th & N ipsic to discuss the Passenger Only Ferry
Initiative.
MAYOR'S REPORT - Mayor Bozeman ....
· Addressed the critical issue created by the loss of the passenger-only ferries;
· Met with Cheryl Kincer of the Port of Bremerton to discuss the expansion of the Marina;
· Was pleased at the number of citizens who turned out to the City-sponsored event to
welcome back the USS CARL VINSON;
· Introduced Gene Sampley, Director of Public Works & Utilities, to provide the good
news about a recent article in The SUN announcing the opening of shellfish beds after
being closed for many, many years on the shores of Dyes Inlet thanks to the
improvement of the water quality thanks due to the City's Combined Sewer Reduction
program; and lastly
· Announced that Chris Hugo, Director of Community Development has submitted his
resignation. He thanked him for his service to the City and wished him well.
PUBLIC RECOGNITION
Helen Miller read a letter into the record from Lee Crawford; and Betty Davies read her own
statement into the record requesting a "long delayed" ruling on the usage of the property at
1533 Shorewood Drive owned by Mr. Don Holtz.
8A - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BREMERTON AND
THE U.S. NAVY REGARDING SECURITY FOR JACKSON PARK MILITARY HOUSING AREA
(#AB03-'184): Police Chief Rob Forbes explained that the Jackson Park Military Housing Area
('Jackson Park") is located inside Bremerton City limits. Traditionally, calls to 911 from
residents of Jackson Park were dispatched to the Navy's on-site contracted security forces.
The Navy has informed the City of its intention to cease providing on-site security services in
Jackson Park. In order to provide for the continuation of 911 response to calls made from
Jackson Park, the City and Navy have agreed in principal, subject to Council approval, to
provide such services in partnership with one another. The attached Memorandum of
Understanding ('MOU") delineates the proposed method by which the Navy and Bremerton
Police Department will share duties inside Jackson Park. It was also emphasized that the fiscal
impact associated with providing law enforcement services to the Jackson Park Naval Family
Housing area would be difficult to quantify at this time; however, it is anticipated that there will
be costs associated with the adjudication of arrests/offenses via the civilian criminal justice
system as well as the responding Officers and Managers time and resources required to
address issues within the Jackson Park area.
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 3 of 6
There were no comments from the public.
Mr. Shepherd expressed his frustration that the U.S. Navy would place such demands on the
resources of the community with an apparent disregard for the well being of the citizens by
placing this additional burden on the City Police Department.
Mr. Younger asked the Legal Department to research the legislative history to find out what
was the intent of the U.S. Navy when at their request the State approved a change in legislative
jurisdiction of Jackson Park from "exclusive federal jurisdiction" to "concurrent jurisdiction" in
1982; and if the City agrees to this MOU, is the City waiving any of their rights? Mr. Lubovich
agreed to research the legislative history issue; and indicated that the City was not waiving any
rights as both parties have termination rights within 180 days.
Mr, Short.. pointed out for the benefit of the citizens at Jackson Park, that although they will
receive "less" service, they will receive "better quality" service.
Mrs. Arends stated that after everything was said and done, this Memorandum of
Understanding was the best the City could hope for, and therefore would support this contract.
#1378 M/S/C (Short/Rollman) Move to authorize the Mayor to enter into the attached
Memorandum of Understanding ("MOU") with the U.S. Navy.
Voted in favor of Motion: Younger, Short, McConnell, Rollman, and Arends
Voted opposed to Motion: Shepherd
Motion carried: 5-Yes; 1-No
9A - PUBLIC HEARING AND ORDINANCE NO. 4870 [SECOND READING] RELATING TO
WESTPARK DEVELOPMENT (#AB03-'179): The first reading of the ordinance was heard on
September 17, 2003. City Attorney Roger Lubovich and representatives from Kitsap County
Consolidated Housing (KCCH) and the Bremerton Housing Authority (BHA) were available to
answer questions.
Allen Shute expressed his concern regarding the mix of 200 single-family homes with 730
apartment units in one area. Merrill Wallace, Executive Director of BHA responded that there
are 80 acres with plans for up to 750 units, with a mix of 250 subsidized homes from single
family up to higher density.
Mr. Shepherd expressed concerns regarding design and traffic. Chris Hugo, Director of
Community Development, explained that the design standards would be in place prior to
building permits reviewed and issued. He also pointed out that the section of the site is already
designated multi-family.
#1605 M/S/C/U (Shepherd/Rollman) Move to pass Ordinance No. 4870 on second reading.
9B - PUBLIC HEARING AND ORDINANCE [FIRST READING] CREATING A NEW CHAPTER
2.74 OF THE BREMERTON MUNICIPAL CODE ENTITLED "TRAVEL AUTHORIZATION ANI3
EXPENSE REIMBURSEMENT"{#AB03-185): Michael Wilson, Finance Director, presented a
proposal to the City Council to implement new policies and procedures related to employee
expenses incurred while conducting official City business, use of purchase/credit cards for
travel purchases, obtaining travel authorization, and reimbursing City officials and employees
for expenses incurred while conducting City business.
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 4 of 6
There were no comments from the public.
#1962 M/S/C/U (Shepherd/McConnell) Move to approve ordinance on first reading, as
amended, relating to the establishment of travel, meals, and lodging reimbursement policies
and procedures for City officials and employees, and creating Chapter 2.74 of the Bremerton
Municipal Code entitled "TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT".
9C - RESOLUTION NO. 2905~ APPROVING ASSIGNMENT OF CABLE FRANCHISE FRO.u
CHARTER COMMUNICATIONS HOLDING COMPANY, LEE TO WAVE DIVISION ]V'~ LLC
(#AB03-`186): Michael Wilson, Finance Director, reported that CHARTER COMMUNICATIONS
HOLDING COMPANY, LLC entered into a purchase and sale agreement with WAVEDIVISlON
HOLDINGS, LLC for the sale of CHARTER'S cable television system serving the City and adjacent
areas, pursuant to which (i) the Franchise will be assigned and conveyed from CHARTER to
WAVEDIVISlON iV. LLC, which as of the date of such assignment and conveyance will be wholly-
owned by CHARTER; and (ii) immediately following such assignment and conveyance of the
Franchise, CHARTER will sell and convey all of the membership and ownership interests in
WAVE ['V' to WAVE Holdings. Pursuant to Section 2 of the franchise, City approval is required
for any transfer of ownership or change in control. Steve Freidman, Chief Operating Officer
from WAVEDIvISION; and Jerry Rotondo, General Manager from CHARTER COMMUNICATIONS
were available to answer questions.
There were no comments from the public.
#2145 M/S/C/U (Rollman/Short) Move to pass Resolution No. 2905.
9D - RESOLUTION NO. 2906~ AUTHORIZING AN INTERAGENCY LOAN FROM WATER
FUND 401 TO THE TRACYTON WATER DISTRICT (#AB03-187): Gene Sampley, Director of
Public Works & Utilities, Finance Director, established that in February 2000 and April 2001, the
City of Bremerton and the Tracyton Water District entered into Interlocal Agreements for
financing and constructing capital improvements to the District's water system for which the City
would be ultimately responsible including a provision that the District would dissolve with its
assets transferred to the City of Bremerton. Currently, the City is in the process of negotiating
an agreement for transfer of assets to the City; however, due to the timing of these
negotiations, the District is in need of a financial loan in an amount not to exceed $125,000 to
make an installment payment due to the Drinking Water State Revolving Fund for the
construction. This loan would be repaid by the earlier of closing of the agreement or December
31, 2003.
There were no comments from the public.
#25'16 M/S/C/U (Younger/Short) Move to pass Resolution No. 2906, authorizing an interagency
loan from Water Fund 401 to the Tracyton Water District in an amount not to exceed $125,000.
9E - RESOLUTION NO. 2907~ ENACTING A MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR ANY BUlLDING~ LAND USE~ OR DEVELOPMENT PERMIT~ OR
APPROVAL FOR "UNLISTED USES" (#AB03-188): Ro~ler Lubovich, City Attorney, stated
that the current provisions of the Bremerton Municipal Code provide that the Director of the
Department of Community Development may make a written finding as to what zone and which
approval process Unlisted Uses may be permitted, however, adequate criteria for reviewing and
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 5 of 6
considering applications for Unlisted Uses does not exist. A moratorium on the acceptance of
applications for any building, land use or development permit or approval for Unlisted Uses is
necessary for the City to reconsider its current policies and review existing information to
determine what code revisions are necessary to address the impacts of these uses. The
moratorium would be in placed until the Public Hearing that has been set for October 22, 2003.
Chris Hullo provided additional comments to support the moratorium.
Sister Pat Millen,, Catholic Community Services and the Continuum Care Consortium,
expressed her strong opposition to the proposed moratoriums, calling them "unjust".
David Grellier suggested that the City leave the process as it is while the Council studies the
process so as not to stop any further development of projects.
Helen Miller read a statement into the record in support of a moratorium when necessary.
Tape #1914
Council held a lengthy discussion on this issue...
#0380 M/S/C (Younger/Rollman) Move to pass Resolution No. 2907, enacting a moratorium on
the acceptance of applications for any building, land use, or development permit or approval for
Unlisted Uses.
Voted in favor of this Motion: Shepherd, Younger, McConnell, Rollman, and Arends
Voted opposed to this Motion: Shot[
Motion carried: 5-Yes; 1-No
9F - RESOLUTION NO. 2908~ ENACTING A MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR ANY BUlLDING~ LAND USE~ OR DEVELOPMENT PERMIT~ OR
APPROVAL FOR "GROUP RESIDENTIAL FACILITIES" (#AB03-t89): Roger Lubovich, City
Attorney, stated that the current provisions of the Bremerton Municipal Code relating to Class !
and Class !! Group Residential Facilities are not clear as to some types of uses that may or
may not fall into the definitions of those classes of facilities. A moratorium on the acceptance of
applications for any building, land use or development permit or approval for Group Residential
Facilities is necessary for the City to reconsider its current policies and review existing
information to determine what code revisions are necessary to address the impacts of these
uses. The moratorium would be in placed until the Public Hearing that has been set for
October 22, 2003. Chris Hullo provided additional comments to support the moratorium.
There were no comments from the public.
#0640 M/SIC (Younger/McConnell) Move to pass Resolution No. 2908, enacting a moratorium
on the acceptance of applications for any building, land use, or development permit or approval
for Group Residential Facilities.
Voted in favor of this Motion: Younger, McConnell, Rollman, Shepherd, and Arends
Voted opposed to this Motion: Short
Motion carried: 5-Yes; 1-No
TAPES #1913 & #1914
City Council Reg. Mtg. Minutes
September 24, 2003
Page 6 of 6
With no further business, the regular meeting of the City Council was adjourned at 7:30 P.M.
Prepar.~d and Submitted by:
LO'RI vSMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge
DATE SUBMITTED: October 10, 2003 BILL # O 3 - / q -7
AGENDA BILL
CITY OF BREMERTON 3 B
CITY COUNCIL
SUBJECT: Minutes of Meeting - Co~i~ee Meeting Date: N/A
October 8, 2003 CO~CIL ~ET~G Date: October 15, 2003
Depmment: Ci~ Co.oil
Presenter: Carol Arends
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held October 8, 2003.
ATTACItMENTS: Minutes for October 8, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS: ,,
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
TAPES #1915 & #1916
CITY COUNCIL MEETING MINUTES
October 8, 2003
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, October 8, 2003, at 5:30
P.M, with Council President Carol Arends presiding. Council members present were Mike Short, Will
Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, and Cecil McConnell. Council
Member Wayne Olsen was absent. Also present were City Attorney Roger Lubovich; 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 provided by Reverend Marl:laret Kelp of Kitsap Unitarian Universalist Fellowship.
President Arends made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
agenda.
CONSENT AGENDA
A. Professional Service Agreement Extension with the Bremerton School District for Funding
Full-Time Resource Officer (#AB03-190)
#0025 M/S/C/U (McConnell/Rollman) Move to approve Consent Agenda as presented.
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0068 M/S/CIU (Younger/McConnell) On October 8, 2003, the Council approved payment for Check
Numbers 284607 through 284954; and EFT-7867 through EFT-7881 in the total amount of
$1,572,707.74; Retiree Payroll in the amount of $140,851.91 for the pay-period ending September
30, 2003; and Regular Payroll in the amount of $1,158,171.55 for the pay-period ending September
30, 2003.
COUNCIL MEMBER REPORTS
Mike Short attended the Town Hall meeting last week to discuss how the City will soon be taking
over the security for Jackson Park Military Housing; and this week attended the Kitsap Regional
Coordinating Council (KRCC) meeting to discuss the proposed revisions to the County-wide Planning
Policies. He also invited citizens to attend the next District 8 & 9 Community meeting to discuss
"Passenger Only Ferries" on Thursday, October 23 from 7:00 to 8:30 P.M. at the Public Works
Facility located on Oyster Bay; and invited families to attend the Haunted House hosted by VFW Post
239 on Friday, October 24 from 5:00 to 8:00 P.M. and Saturday, October 25 from 3:00 to 5:00 P.M;
and Sunday, October 26 from 1:00 to 4:00 P.M.
Will Maupin briefed the Council on his attendance at the KRCC Legislative Dinner where the
discussion focused on the concerns with the ferry system; and the monthly meetings of KRCC, Kitsap
County Board of Health and Kitsap Transit Board.
Mike Shepherd reported on the District 5 Neighborhood meeting held last week, encouraged
everyone to bring a friend from out of town to the Bremerton First Friday Art Walk events; discussed
the AWC Regional meeting he hosted in Aberdeen last evening; and announced that the Evergreen
Children's Theater, along with the Tears of Joy Puppet Theater, would be presenting "RIDE THE RED
MARE" at 2:00 P.M. on Saturday, October 11 at the Roxy Theater.
TAPES #1915 & #1916
City Council Reg. Mtg. Minutes
October 8, 2003
Page 2 of 4
Ed Rollman reminded citizens that they may contact P.A.W.S. at 613-1050 if they have concerns
with stray cats; noted that he forwarded the frustrations expressed from many constituents regarding
the current situation of the Bremerton ferry system to Susan Harris, Customer Service Representative
with the WA State Ferry Systems; and forwarded a citizen concern regarding a parking permit dispute
to Diamond Parking Services.
Cecil McConnell invited citizens to attend the next District 1 & 2 Town Meeting to discuss "LOCAL
CONCERNS & ISSUES" on Thursday, October 23 from 6:30 to 8:00 P.M. with special guest Gene
Sampley, Director of Public Works & Utilities.
Carol Arends commented that she also attended many of the meetings and activities previously
mentioned, in addition to attending a meeting in the Mayor's office today with representatives of the
WA State Ferry System to address the concerns with the current ferry service. She then presented
City Auditor Michael Stephenson and long-time Audit Committee member Bill Robinson with
plaques of appreciation for their years of service to the City. Each of the Council members said
words of praise in honor of Mr. Stephenson and Mr. Robinson.
MAYOR'S REPORT - There was no Mayor's Report tonight.
PUBLIC RECOGNITION
Gordy Byrd indicated that he donated all money collected in the last week to the family who recently
lost their home to a fire, and informed the public that an account has been set up at the KITSAP
FEDERAL CREDIT UNION if anyone would like to donate money to help the family.
Helen Miller thanked Michael Stephenson for the assistance he provided her during his time of
service with the City.
8A - 2004 CDBG ALLOCATION RECOMMENDATIONS (#AB03-191): Marylyn Waibel, CDBG
Program Administrator, explained that on July 23, 2003, the City Council approved the 2004 CDBG
Policy Plan, which included CDBG rules and regulations, as well as the application and allocation
process. Funding availability was advertised on June 11, 2003, and applications were accepted until
August 22, 2003. The CDBG Advisory Committees reviewed the applications, conducted interviews
and individually rated each application. Attached are the Committee funding recommendations based
upon their scores. Roller Lubovich, City Attorney, clarified that the allocation for the Men's
Homeless Shelter proposed by the Catholic Community Services is project-based, and is not an
endorsement by the City for the project. Beverly Kincaid with Catholic Community Services
explained that this application for funds was submitted to obtain a financial commitment from the City
to establish that this human service was needed, which will then allow additional applications for other
funding sources. Ms. Waibel and members of the Council thanked each of the members cf the
public who volunteered their time to serve on both CDBG Advisory Committees.
Linda Pierce suggested a location in the Anderson Cove area would be ideal for the proposed Men's
Homeless Shelter.
Mr. McConnell referred to the $75,000 recommended in funding for the expansion of the Admiral
Theater, and pointed out that the Admiral Theater was required by the Bremerton Charter to first
come before the Council to obtain permission prior to taking action on this type of request. Mr....~.
Maupin, who served as a member on the CDBG Committee for Capital Projects, explained that the
County allocated $50,000 in funding for the Admiral Theater; and pointed out that the Theater actually
has a need for $150,000 in funding, so they will therefore still need to search for additional funds
TAPES #1915 & #1916
City Council Reg. Mtg. Minutes
October 8, 2003
Page 3 of 4
Mr. Younger questioned if the addition of a Skateboard Park would increase the City's legal liability;
and questioned why the "Kiss & Ride Parking" project received no funding. Mr, Lubo¥ich responded
stated that there is a Recreational Immunity Statute for certain types of recreational facilities, and he
will verify that this statute has been expanded to include skate parks. Ms, Waibel responded that
after an inquiry was made to H.U.D., it was found that the "Kiss & Ride Parking" project was not an
eligible project for CDBG funding.
#18'10 MISICIU (Shepherd/Rollman) Move to approve the CDBG Advisory Committee
recommendations for the 2004 CDBG allocation.
9A - PUBLIC HEARING AND ORDINANCE NO. 4871 rSECOND READING] CREATING A NEW
CHAPTER 2.74 OF THE BREMERTON MUNICIPAL CODE ENTITLED "TRAVEL AUTHORIZATION
AND EXPENSE REIMBURSEMENT" (#AB03-'185): First reading of this ordinance was heard on
September24, 2003. Michael Wilson, Finance Director, was available to summarize the purpose of
this proposed ordinance, and to answer questions. He also noted two minor changes to the language
of the ordinance.
There were no comments from the public.
#2025 M/S/C/U (McConnell/Short) Move to pass Ordinance No. 4871 on second reading.
9B - PUBLIC HEARING AND ORDINANCE [FIRST READING] ONE- YEAR FRANCHI.~F
EXTENSION FOR CASCADE NATURAL GAS CORPORATION (#AB03-192): Michael Wilson,
Finance Director, stated that the proposed ordinance grants a one-year franchise extension to
CASCADE NATURAL GAS CORPORATION for the period October 10, 2003 to October 9, 2004. City staff
recommends the one-year franchise extension to allow time to propedy prepare to negotiate a new
longer term franchise.
There were no comments from the public.
#2123 MlSlC/U (Younger/McConnell) Move to approve the ordinance on first reading.
9C - PUBLIC HEARING AND ORDINANCE [FIRST READING] RELATING TO THE ClTY'R
COMMUNITY RENEWAL PROGRAM (#AB03-193): Roger Lubovich, City Attorney, pointed out that
this proposed ordinance (1) reaffirms and expands blighted areas in downtown Bremerton; (2)
designates a new area of blight for the Westpark and Anderson Cove areas; (3) amends and
modifies the City's Community Renewal Project Area to include all of the designated blight area in the
Downtown Core and Downtown Waterfront, and further adds the Westpark area of blight; and (4)
reaffirms, modifies and amends the Community Renewal Plan for the Project Areas. Gary Tusberfl,
with Kitsap Consolidated Housing Authority; Merrill Wallace, Bremerton Housing Authority; and
Chris Hugo, Director of Community Development were available to aid in the discussion.
There were no comments from the public.
TAPE #'19'16
The Council members asked questions, raised concerns, and discussed this issue extensively prior to
the vote...
#0265 M/SIC (Rollman/Younger) Move to approve the proposed ordinance on first reading.
Voted in favor of Motion: Maupin, Short, McConnell, Nygren, Rollman, Younger, and Arends
Voted opposed to Motion: Shepherd
Motion carried: 7-Yes; and 1-No
TAPES #1915 & #1916
City Council Reg. Mtg. Minutes
October 8, 2003
Page 4 of 4
9D - PUBLIC HEARING AND RESOLUTION NO. 2909~ AUTHORIZING APPLICATION FOR
FUNDING ASSISTANCE TO THE INTERAGENCY COMMITTEE (lAC) FOR OUTDOOR
RECREATION FOR THE DEVELOPMENT OF THE BREMERTON SKATE PARK (#AB03-'194): Jim
Spencer, Director of Parks & Recreation, announced that in order to fund the development of the
Bremerton Skatepark, the Parks & Recreation Department wishes to apply to the Interagency
Committee for Outdoor Recreation (lAC) for a Youth Athletic Facilities (YAF) grant. The total cost for
the project is estimated to be $300,000. The lAC grant request will be for a maximum of $150,000.
The match (balance of funding) will be coming from donations and other grants. There is already a
commitment of $25,000 from the Central Lions Charitable Foundation and a $20,000 CDBG grant for
Design. Staff is currently in the process of applying for additional funding for this project.
There were no comments from the public.
The Council members expressed their support for the process used to obtain this project.
#0500 M/S/C/U (Nygren/McConnell) Move to adopt Resolution No. 2909, authorizing the application
for funding assistance to the Interagency for Outdoor Recreation (Youth Athletic Facilities Program)
for the development of the Bremerton Skatepark.
With no further business, the regular meeting of the City Council was adjourned at 7:27 P.M.
Prepare¢ and.Submitted by:
LORi/S~IITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNPJ/Is/cge
DATE SUBMITTED: October 16, 2003 BILL # ~:
AGENDA BILL
CITY OF BREMERTON 5
CITY COUNCIL
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
October 15, 2003 COUNCIL MEETING Date: October 22, 2003
Department: City Council
Presenter: Carol Arends
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held October 22, 2003.
ATTACHMENTS: Minutes for October 22, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
13
TAPE #1917
CITY COUNCIL MEETING MINUTES
October 15, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4~h Street, Bremerton, Washington, Wednesday, October 15, 2003, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike Short,
Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, and Cecil McConnell.
Council Member Wayne Olsen was absent. Also present were City Attorney Roger Lubovich;
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 provided by Reverend Ron Anderson of Manette Community Church.
President Arends made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
agenda; and
2. An Executive Session will be held prior to the closing of regular business tonight.
CONSENT AGENDA- There were no Consent Agenda items presented this week.
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0025 M/S/C/U (McConnell/Rollman) On October 15, 2003, the Council approved payment for
Check Numbers 285955 - 285141; and EFT 7889 - EFT 7892 in the total amount of $995,210.18.
COUNCIL MEMBER REPORTS
Cecil McConnell indicated that the next District 1 & 2 Town Meeting will provide citizens an
opportunity to participate in a "QUESTION & ANSWER PERIOD" on "LOCAL CONCERNS & ISSUES"
Thursday, October 23 from 6:30 to 8:00 P.M. with special guest Gene Sampley, Director of Public
Works & Utilities.
Daren Nyflren informed the citizens of Manette that the District 3 meeting scheduled Saturday,
October 25 was cancelled, but there would be a meeting next month on November 25.
Ed Rollman announced that a "METH LAB SUMMIT ]']'" is the scheduled Program for the next District
4 meeting on Thursday, October 23 from 7::00 to 8:30 P.M. at the Washington Mutual Building
located at 5th & Pacific.
Mike Shepherd discussed a recent trip to Eastern Washington; urged citizens to attend a public
meeting on October 22 sponsored by the WA State Department of Transportation to voice
concerns about the ferry system; and cautioned drivers to slow down and "drive friendly".
Will Maupin reported on his attendance at a Growth Management Policy Board meeting hosted by
the Puget Sound Regional Council (PSRC); visited the new Seattle City Hall; and went to the
Legislative Dinner hosted by Kitsap Regional Coordinating Council with President Arends.
Mike Short was pleased to attend the Puget Sound Naval Shipyard Intermediate Maintenance
Facility Apprenticeship Graduation Ceremony, and briefly discussed the apprenticeship program.
He also announced the Distdct 6, 7, 8 & 9 Community meeting would be held on Thursday,
October 23 from 7:00 to 8:30 P.M. at the Public Works & Utility facility located at 100 Oyster Bay
Drive to discuss "PASSENGER ONLY FERRIES",
TAPE #1917
City Council Reg. Mtg. Minutes
October 15, 2003
Page 2 of 3
Carol Arends mentioned that she would be participating in the District 6, 7, 8 & 9 Community
meeting to discuss the "PASSENGER ONLY FERRIES"; and also announced a neighborhood forum
would be held on Monday, October 20 beginning at 6:30 P.M. at the Summit Avenue Presbyterian
Church to discuss the proposed site for the "FACILITY FOR HOMELESS MEN".
MAYOR'S REPORT - Mayor Bozeman...
· Attended the Admiral Bowman Fair hosted by the Navy League, where he received the
good news that the USS CARL VINSON would stay in port in Bramerton;
· Visited the new Seattle City Hall while attending a meeting with Mayor's from other major
cities from around the State where discussion focused on balancing budgets;
· Received six design proposals for the new Skateboard Park;
· Congratulated Police Chief Rob Forbes and City Attorney Roger Lubovich for their work on
the Jackson Park Military Housing Security Memorandum of Understanding;
· Invited members of the public to attend the BBC and "Topping Off Ceremony" to celebrate
the placement of the last piece of steel on the Government Center;
· Met with Mike Thorne, the WA State Ferry Director, to discuss the serious concerns about
cuts in ferry service between Bremerton and Seattle;
· Indicated he will continue to discuss concerns with the ferry service at a public meeting with
the WA State Transportation Commission on October 22 at the Silverdale Red Lion;
· House Speaker Frank Chopp, who obtained funding for several City of Bremerton projects,
has been invited back to Bremerton on October 31 to discuss additional funding requests
for next year;
· Assured the Council that efforts are currently underway to present a balanced budget;
· Reported on the many construction projects going on around the City, in addition to the
large projects happening downtown; and
· Suggested the Council go home and watch the Cubs baseball game after their meeting!
PUBLIC RECOGNITION
Gordy Byrd felt it was unfortunate that most of the Council members were having their District
meetings all on the same night, forcing citizens to make a choice to attend only one.
Becky Lorber from the Parks & Recreation Department announced that the Annual Costume Ball
was cancelled due to Iow ticket sales; and the 31st Annual Senior Craft Fair would be held this
weekend at the Sheridan Park Recreation Center beginning on Friday at 11:00 A.M.
Ed Pietras invited everyone to attend the Italian Spaghetti Festa sponsored by the Knights of
Columbus on Sunday, October 26, 2003 from 1:00 to 7:00 P.M. at the Knights of Columbus Hall
with all proceeds to benefit the Olympic Peninsula Kidney Center.
Debbie Brockman with the YVVCA, ALIVE PROGRAM, encouraged the public to attend at least one
of the events planned each day next week October 19 and 25 in recognition of a "WEEK WITHOUT
VIOLENCE".
9A - PUBLIC HEARING AND ORDINANCE NO. 4872 [SECOND READING] ONE- YEAR
FRANCHISE EXTENSION FOR CASCADE NATURAL GAS CORPORATION (#AB03-192):
The first reading of this ordinance was heard October 8, 2003.
There were no comments from the public.
#0895 M/S/C/U (Nygren/Short) Move to pass Ordinance No. 4872 on second reading.
TAPE #1917
City Council Reg. Mtg. Minutes
October 15, 2003
Page 3 of 3
9B - PUBLIC HEARING AND ORDINANCE NO. 4873 [SECOND READING1 RELATING TO
THE CITY'S COMMUNITY RENEWAL PROGRAM (#AB03-!93): The first reading of this
ordinance was heard on October 8, 2003.
There were no comments from the public.
Mr. Shepherd stated that although he fully supports the City's partnership with the Kitsap
Consolidated Housing Authority, he was concerned with the City's perceived "excessive use of City
powers" in past condemnations; and does not believe that there was enough public input prior to
extending this project area.
#t050 M/S/C/U (Short/Maupin) Move to pass Ordinance No. 4873 on second reading.
President Arends called a 30-minute recess while the Council met in Executive Session...
10A- EXECUTIVE SESSION ON "LITIGATION" (#AB03-195)
RoRer Lubovich, City Attorney, provided information to the Council during a 30-minute Executive
Session on "L;TIG^T;ON" per RCW Chapter 42.30.110(1)(i).
There were no comments from the public.
#1300 M/S/C/U (Nygren/McConnel]) Move to authorize the Office of Risk Management and/or the
Director of Public Works & Utilities to execute Letters of Engagement as presented to hire
consulting experts to assist in the defense of PAPE & SONS CONSTRUCTION, INC. VS. the C~TY OF
SREMERTON; and the prosecution of the CITY OF BREMERTON VS. P^PE & SONS CONSTRUCTION, INC.
With no further business, the meeting of the City Council was adjourned at 6:50 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNPJ/Is/cge
DATE SUBMITTED: BILL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: CASAD DAM INTAKE Committee Meeting Date: October 14, 2003
TOWER UPGRADES CHANGE ORDER COUNCIL MEETING Date: October 22, 2003
NUMBER 2 Department: Engineering
Presenter: Michael C. Mecham
Phone: 473-5288
SUMMARY: Change Order Number 2 for the project titled "Casad Dam Intake Tower Upgrades"
provides for augrnention of the anchorage for the existing guide stem brackets. The work will be
completed on a time and materials basis plus markup. The estimated cost of the change order and
additional work is $80,000 plus sales tax.
ATTACHMENTS: Change Order Number 2
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2003 budget.
APPROVALS:
DEPARTMENT DIRECTOR: ,
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve Change Order Number 2 for the project titled
"Casad Dam Intake Tower Upgrades" and authorize the Mayor to finalize and execute the Change
Order.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ab, Agenda Bills 2003, Casad Dam ,CO No, 2
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 2
PROJECT NAME: Casad Dam Intake Tower Upgrades
PROJECT NO: 417 CONTRACTOR: DBM Construction Inc.
ORIGINAL CONTRACT AMOUNT: $244,070.75 DAYS: 161
PREVIOUSLY APPROVED CHANGES: $40,583.03 DAYS: 7
THIS CHANGE: $86,800.00 DAYS: 7
REVISED CONTRACT AMOUNT: $371,453.78 DAYS: 175
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to
complete the Change Order Items. The increase or decrease in contract price shown below includes
any applicable taxes.
DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT
o ,- CONTRACT CONTRACT TIME
· -'- ,- AMOUNT AMOUNT EXTENSION
_.e _e ($) ($) (DAYS:)
X Reinforce the anchorage of the sluice gate stem guide brackets $80,000.00 7
per the attached detail, and construction of other additional work
items. Payment for the stem guide bracket anchorage shall be
on the basis of Cost of the Work as defined in the General and
Supplementary Provisions. Payment for the additional work
shall be per Article 12 of the General and Supplementary
Conditions.
CHANGE IN CONTRACT AMOUNT $80,000.00 7
INCREASE OR (DECREASE)
SUB TOTAL $80,000.00
SALES TAX 8.5% $6,800.00
TOTAL $86,800.00
NET CHANGE IN CONTRACT
AMOUNT Increase or {Decrease} $86,800.00
CONTRACT CHANGE ORDER NO: 2
PROJECT NAME: Casad Dam Intake Tower Upgrades
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims
of any kind or nature arising from or connected with any work either covered or affected by this
Change Order, including, without limitation, claims related to contract time, on-site or home office
overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for
past performance.
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other miscellaneous
costs relating to the change in work, and as to the extension of time allowed, if any, for completion of
the entire work due to said Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Change Order shall be effective when approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a change order
that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform
the surety of this change, and shall take appropriate action to modify any bonds required under the
contract to address this change.
RECOMMENDED:
PROJECT ENGINEER Date
RECOMMENDED:
CITY ENGINEER / DIRECTOR OF PUBLIC WORKS Date
ACCEPTED:
CONTRACTOR Date
APPROVED:
MAYOR Date
APPROVED AS TO FORM: ATTEST:
Bremerton City Attorney City Clerk
Page 2 of 2
DATE SUBMITTED: BILL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Port of Bremerton and City of Committee Meeting Date: October 14, 2003
Bremerton Purchase, Sale and Development COUNCIL MEETING Date: October 22, 2003
Agreement Department: Economic
Development
Presenter: Gary Sexton
Phone: 478-5282
SUMMARY: The Purchase, Sale and Development Agreement between the Port of Bremerton and
City of B remerton is primarily a pass through agreement for the construction of the Port of
Bremerton's Harbor Master Facility by OPUS in the Bremerton Harborside project. All construction
costs are paid by the Port of Bremerton. The costs for survey and title transfer are equally divided
between the City and the Port. The agreement reconfirms the City's providing 10 parking spaces on
Second Street and/or east of Washington that were lost when the old parking lots were removed.
ATTACHMENTS: Pumhase, Sale and Development Agreement
FISCAL IMPACTS (Include Budgeted Amount): The only City costs for one-half the survey and
title insurance will be paid from the conference center project funds.
APPROVALS: ~
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
I
FISCAL/BUDGET: ~ __~.-.-'
COUNCIL PRESIDENT: ~t.~r.~d.¥. '~~,~
RECOMMENDED MOTION: Move that the Mayor be authorized to sign the City of
Bremerton/Port of Bremerton Purchase, Sale and Development Agreement on behalf of the City of
Bremerton, including non-substantive modifications as may be approved by the City Attorney and
Director of Economic Development.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
PURCHASE, SALE, AND DEVELOPMENT AGREEMENT
This PURCHASE, SALE, AND DEVELOPMENT AGREEMENT (this "Agreement") is
dated for reference purposes the day of ,2003, and is by and between
THE CITY OF BREMERTON, a Washington municipal corporation (the "Seller"), and the
PORT OF BREMERTON, a Washington municipal corporation ("Buyer"), and is intended, in
part, to implement the understandings set forth in that Memorandum of Intent (hereinafter
"MOI") dated September 6, 2002, and entered in to by Cheryl Kincer, President of the Bremerton
Port Commission, and Cary Bozeman, Mayor, City of Bremerton,.
RECITALS
A. The City of Bremerton owns land situated in the City of Bremerton, County of
Kitsap, State of Washington, as currently shown in map attached hereto as Exhibit A-1 and
legally described in Exhibit A-2 attached hereto and made a part hereof.
B. The Seller desires to develop the Property (as such term is defined in Exhibit B)
into the Conference Center with a conference center, a parking garage, a hotel, a restaurant, an
office/retail building, and a marina services facility (the "marina services facility"). The City and
Opus Northwest, LLC ("Opus") have executed a certain Design/Build Construction Contract (the
"Design/Build Agreement"), wherein the City has hired Opus to design and construct the marina
services facility within a structural pad on a portion of the garage owned by Seller, the Air-
Rights over which (including the marina services facility improvements) will be sold and
conveyed to Buyer.
C. Buyer desires to purchase the Air-Rights (as such term is defined below) from
Seller, upon and subject to all of the terms, provisions and conditions set forth in this Agreement.
AGREEMENTS
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set
forth herein, and of other good and valuable consideration, including the mutual understandings
o£ the parties as set forth in the MOI which understandings are incorporated herein the receipt
and sufficiency of which are hereby acknowledged, Buyer and Seller agree as follows:
1. Definitions. Capitalized terms used in this Agreement shall have the meanings set
forth as follows:
(a) Final Plans and Specifications: Final Plans and Specifications shall mean
the plans and specifications for construction of the marina facility within the subject matter Air
Rights approved by the Buyer.
(b) Hazardous Materials: Hazardous Materials shall mean any hazardous
substances or hazardous materials, including, without limitation, all substances, the presence of
which on the Property, or any portion thereof, could subject the owner or occupant of the
-1-
10/1/03
Property, or both, to civil or criminal penalties or damages, or responsibility for clean-up of such
substances, including, without limitation, any material or substance which is:
(i) a "hazardous waste", a "toxic waste", a "hazardous substance", a
"toxic substance", an "extremely hazardous waste", a "restricted hazardous
waste", a "chemical substance", or "hazardous chemical", as such terms are
defined under any environmental laws, ordinances or regulations governing or
controlling the Property, or any portion thereof;
(ii) petroleum or petroleum waste, including, without limitation, crude
oil or any petroleum derived substance or constituent of any such petroleum
substance or waste;
(iii) asbestos or asbestos containing materials;
(iv) polychlorinated biphenyl;
(v) radioactive material; or
(vi) pesticides.
(c) Air-Rights: Air-Rights means the portion of the Property that is a separate
legal lot over which is constructed a harbor master/marina services facility ("marina services
facility") as shown on the Final Plans and Specifications incorporated herein by this reference,
together with all beneficial easement rights necessary to (i) support the marina services facility to
be constructed within the Air-Rights, and (ii) operate and maintain such marina services facility
as an integral part of the proposed development of the Property as a conference center and the
adjacent marina owned and operated by the Buyer.
(d) Intended Uses: Intended Uses shall mean Marina Services Facility and
related uses.
(e) Property: Property shall mean:
(i) those parcels of land more particularly described in Exhibit A-1
and Exhibit A-2 attached hereto and made a part hereof; and
(ii) the easements and appurtenances and all the estates and rights of
Seller (now or on the Closing Date) in, to and with respect to such parcel and any
and all improvements thereon.
2. Agreement to Sell and Purchase. Seller shall sell the Air-Rights to Buyer, and
Buyer shall purchase the same from Seller, at the price and on the terms, provisions and
conditions hereinafter set forth.
-2-
1~1~3
3. Purchase Price. The purchase price to be paid by Buyer to Seller for the Air-
Rights and marina services facility (the "Purchase Price") shall be an amount equal to the actual
cost of constructing the marina services facility pursuant to the Final Plans and Specifications on
the structural pad. The Purchase Price shall be paid as set forth in Section 14 hereof.
4. Conditions.
(a) Completion of Separate Lot Process and Structural Components. Buyer's
obligations under this Agreement shall be conditioned upon (i) Seller obtaining the necessary
approvals to constitute the Air-Rights as a separate, legal lot, (ii) Seller constructing and
maintaining a structural pad under the Air-Rights and construction of the marina services facility
on said structural pad pursuant to Section 14, (iii) commencement of construction of the
conference center building, and (iv) the parties shall have agreed upon the necessary public
access and utilities easements and other related documents in connection with the operation of
the marina services facility, which easements and other related documents shall be agreed upon
and attached hereto as Exhibit B.
(b) Parking Agreement. Seller City of Bremerton shall provide Buyer Port of
Bremerton with ten (10) vehicle parking spaces for use by the Port and its commissioners,
employees, guests, and users of the marina facility. Such parking spaces shall be provided for
such use without charge or cost. The parking spaces shall be located on Second Street (with not
less than four (4) spaces at the base of Second Street and six (6) spaces east of Washington
Avenue). The City of Bremerton shall manage the parking with continual input and coordination
with the Port. This provision shall survive closing of the sale agreement and transfer of air space
title..
5. Closing Date. The sale and purchase of the Air-Rights shall be closed within
twenty (20) days after the creation of the Air-Rights. If a scheduled Closing Date does not fall
on a business day, that Closing Date shall be the next business day thereafter.
6. Title Insurance; Survey.
(a) The Seller shall deliver to Buyer a title commitment for an ATLA
(extended coverage) owners title insurance policy issued by the Title Insurer reflecting fee
simple absolute title to the Air-Rights described therein in the City of Bremerton ("Title
Commitment"), free and clear of all liens and encumbrances, except (i) zoning and land use
restrictions not inconsistent with Buyer's intended use of the Property; and (ii) easements,
covenants, reservations and restrictions of public record that are not inconsistent with Buyer's
intended use of the Property; and (iii) any additional title exceptions created pursuant to the
development of the Property as a convention center which do not interfere with Buyer's intended
use of the contemplated improvements on the Air-Rights, are herein called the ("Permitted
Exceptions.") Seller shall have until the Closing Date to cause unpermitted exceptions to be
removed of record and from the Title Commitments. The parties shall share the cost of the Title
Insurance Policy premium equally.
-3-
1~1~3
(b) Upon completion of construction of the Marina Services Facility, Seller
shall cause a survey ("Survey") of the Air-Rights to be prepared by a Licensed and Registered
Surveyor reasonably acceptable to Buyer and shall cause to be delivered to Buyer a plat of such
Survey certified to Buyer and the Title Insurer. The Survey shall set forth the legal description
of the Air-Rights, easements, other restrictions, means of ingress and egress, electric, water,
sewer, gas and other utility lines servicing such Air-Rights, any encroachments and any
easements on adjacent land, and indicate the area (in square feet) of the structural pads over
which the Air-Rights will exist. The parties shall share the cost of the Survey equally.
7. Representations and Warranties of Seller. Seller hereby represents to Buyer that
all of the following are true and correct on and as of the date hereof, shall continue to be true and
correct as of the Closing Date, and shall survive the Closing and delivery of the deed:
(a) Ail requisite action has been taken and been obtained by Seller in
connection with entering into this Agreement and the instruments referenced herein, and the
consummation of the transaction contemplated hereby. The individual(s) executing this
Agreement and the instruments referenced herein on behalf of Seller has the legal power, right
and actual authority to bind Seller to the terms and conditions hereof and thereof. This
Agreement and all documents required hereby to be executed by Seller are and shall be valid,
legally binding obligations of and enforceable against Seller in accordance with their respective
terms, subject only to applicable bankruptcy or similar laws or equitable principals affecting or
limiting the rights of contracting parties generally.
(b) Seller has not received and, to the best of Seller's knowledge, no
predecessor of Seller has received notice of any violation of any law, municipal ordinance or
other governmental requirement affecting the Property or the contemplated development of the
Property or any portion thereof.
(c) Seller is not a party to any subsisting agreement, contract or commitment
to sell, convey, let, assign, transfer, provide rights of first refusal or other similar rights with
respect to, or otherwise dispose of, all or any part of the Air Rights, or any interest therein or
occupancy right thereto, other than this Agreement. Except for this Agreement and the Permitted
Exceptions, neither Seller nor any person or entity claiming by, through or under Seller has done,
suffered or permitted anything whereby any lien, claim or right of another has been created
against the Air Rights, or any portion thereof or any interest therein.
(d) Seller has no knowledge that any permit, certificate, license or other
similar approval or authorization, other than permits relating to customary building permits, is
required for the sale or development of the Property or Air Rights under any federal, state or
local law, ordinance, rule or regulation, or by any governmental or quasi-governmental agency
having jurisdiction over the Property, or any portion thereof.
(e) Seller has no knowledge of any existing laws, ordinances or restrictions,
including, without limitation, so-called recapture agreements, which would present or limit the
right or ability of Buyer, or its lessees, invitees, successors or assigns, to use the Air-Rights for
-4-
10/1/03
the Intended Uses or to obtain any government approvals necessary to develop the Air-Rights
for the Intended Uses.
(f) There is no action, proceeding or investigation pending or, to the best of
Seller's knowledge, threatened, against Seller, or with respect to the Property, or any portion
thereof, before any court or governmental department, commission, board, agency or
instrumentality which would affect the contemplated development of the Property. Seller has no
knowledge of any basis for any such action, proceeding or investigation.
(g) Seller has not received any notice of environmental or health code
violations with respect to the Property, or any portion thereof.
(h) Seller has not received notice of any contemplated special assessments
relating to the Property, or any portion thereof.
(i) No leasing, sales or other broker's fees or commissions of any nature
whatsoever shall be or become due or owing to any person, firm, corporation or entity
whomsoever after the applicable Closing Date.
(j) Seller has not stored, transported, discharged or released any Hazardous
Materials, and has not permitted the storage, transport, discharge or release of Hazardous
Materials, on the Property, or any portion thereof. Further, except as set forth in the Technical
Memorandum prepared by Parametrix dated June 12, 2002 and the reports identified therein,
Seller has no knowledge of any other person or entity having stored, transported, discharged or
released Hazardous Materials on the Property, or any portion thereof.
(k) There are no (i) orders from or agreements with any governmental
authority or private party or any judicial or administrative proceedings or investigations, whether
pending or threatened, respecting any environmental, health or safety requirements under federal,
state or local laws or regulations relating to the Property, or (ii) pending, asserted or threatened
claims or matters involving material liabilities, obligations or costs arising from the existence,
release or threatened release of any Hazardous Materials at, on or beneath the Property.
The accuracy of the foregoing representations and warranties shall be a condition to
Buyer's obligations under this Agreement. If any of the foregoing representations or warranties
is untrue in any material respect, and is not cured (at no cost to Buyer) prior to any of the
scheduled Closing Dates, then Seller shall be allowed a period of five (5) days after the date of
such scheduled Closing Date in order to cause such representations and warranties to be true, and
shall use reasonable efforts to do so (and Seller shall notify Buyer promptly if Seller determines
that Seller will not be able to do so). If Seller shall not cause such representations and warranties
to conform to the requirements of this Agreement within such five (5) day period, then Buyer
may elect (i) to purchase the Air-Rights as it then is, with the right to cause such non-conforming
representations and warranties to be tree; or (ii) to terminate this Agreement; or (iii) to extend the
time for up to an additional thirty (30) days for Seller to cause such representations and
warranties to conform to the requirements in this Agreement, and the respective Closing Date
shall automatically be extended by the number of days equal to such extended period (and if
10/1103
Buyer elects to allow the extension of such time, Buyer shall have the same rights concerning
such matters at the end of such extended period as Buyer had at the end of the original period).
In any such event Buyer shall have any and all remedies available to it under this Agreement or
otherwise at law or in equity.
8. Representations and Warranties of Buyer. Buyer hereby represents and warrants
to Seller that the following are tree and correct on and as of the date hereof, shall continue to be
true and correct as of the Closing Date, and shall survive the Closing and delivery of the deeds:
(a) There is no action, proceeding or investigation pending, or to the best of
Buyer's knowledge threatened, against Buyer before any court or govemmental department,
commission, board, agency or instrumentality with respect to the Property, or any portion
thereof, or Buyer's obligations under this Agreement. Buyer has no knowledge of any basis for
any such action, proceeding or investigation.
(b) All requisite action has been taken and been obtained by Buyer in
connection with entering into this Agreement and the instruments referenced herein, and the
consummation of the transaction contemplated hereby. No consent of any creditors, directors,
shareholders, judicial or administrative body, govemmental or quasi-governmental authority, or
other party is required for the performance of Buyer's obligations hereunder. The individual(s)
executing this Agreement and the instruments referenced herein on behalf of Buyer has the legal
power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof.
This Agreement and all documents required hereby to be executed by Buyer are and shall be
valid, legally binding obligations of and enforceable against Buyer in accordance with their
respective terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium
laws or similar laws or equitable principals affecting or limiting the rights of contracting parties
generally.
9. Closing. Provided that all conditions of closing hereunder have occurred, the
closing of this transaction ("Closing") shall occur at the Kitsap County offices of Transnation
Title Company ("Escrow Agent") on the Air-Rights Closing Date. On the Air-Rights Closing
Date:
(a) Seller shall execute and deliver to the Escrow Agent for delivery to Buyer
the following:
(i) Seller's Statutory Warranty Deed in the form set forth in Exhibit C
attached hereto and made a part hereof, and otherwise in recordable form
sufficient to convey to Buyer fee simple absolute title to the Air-Rights, subject
only to the Permitted Exceptions;
(ii) An Affidavit of Title in customary form as required by the Title
Company;
(iii) Excise Tax affidavit in the form required pursuant to applicable
law;
10/1/03
(iv) A "FIRPTA" Affidavit conforming to the requirements of Section
1445 of the Intemal Revenue Code of 1986, as amended, and the regulations
applicable thereto;
(v) Such other documents as may be necessary or proper to comply
with this Agreement or required (by the Title Insurer or otherwise) to carry out its
terms.
(b) Buyer shall execute and deliver to the Escrow Agent for delivery to Seller
on the Air-Rights Closing Date, the following:
(i) Excise Tax affidavit, executed by Buyer in the form required
pursuant to applicable law; and
(ii) Such other documents as may be necessary or proper to comply
with this Agreement or required to carry out its terms.
10. Development Matters.
(a) From and after the date hereof and fi.om and after the Air-Rights Closing
(this covenant surviving the Air-Rights Closing and delivery of the deed), Seller and Buyer shall
cooperate (including, without limitation, joining in the execution of applications) in connection
with:
(i) applications, agreements and approvals relating to zoning, site
plan, subdivision, utility and other development matters, including, without
limitation, all licenses, permits, easements, rights-of-way, and proof of dedication
necessary to permit the contemplated development of the Air-Rights;
(ii) any requirements of Seller or Buyer or any state or federal
government, or any agency thereof, or any public utility, relating to the
contemplated development of the Air-Rights, or any portion thereof, in
accordance with the Intended Uses; and
(iii) construction of the marina services facility contemplated herein
pursuant to the Final Plans and Specifications and issuance of an occupancy
permit therefor.
(b) Seller covenants that Seller will not make any agreements with, or grant
rights to any other party, governmental or private, which will prevent or limit the right of Buyer,
or its lessees, invitees, successors or assigns (including, without limitation, Prospective Clients),
to use the Air-Rights. The foregoing covenant shall survive the Air-Rights Closing and delivery
of the deed.
-7-
10tl/03
11. Conditions of Closing.
(a) The obligation of Buyer to consummate this transaction is expressly
subject to and contingent upon the occurrence of each and every one of the following:
(i) Buyer and/or the Escrow Agent, as applicable, shall have received
the items set forth in Section 9(a) hereof.
(ii) The Title Insurer shall be prepared to issue the Title Policy, dated
as of the Closing Date and showing fee simple title to the Air-Rights in Buyer,
subject only to the Permitted Exceptions, and otherwise in accordance with the
provisions of and containing the extended coverage and the endorsements
specified in Section 6 hereof.
(iii) All representations and warranties of Seller shall be true and
correct as of the Closing Date.
(iv) Seller shall have complied with all provisions of this Agreement.
(b) In the event any of the foregoing conditions have not been fulfilled or
expressly waived in writing by Buyer, then in addition to any other remedy available to Buyer,
Buyer may terminate this Agreement by giving written notice to Seller on or before the Air-
Rights Closing Date.
12. Default; Penalties.
(a) If this Agreement is terminated without Buyer's fault, Buyer shall have
any and all remedies available to it under this Agreement and otherwise at law or in equity.
(b) If Buyer fails to close upon the purchase of the Air-Rights on or before the
Air-Rights Closing Date, then Seller shall have any and all remedies available to it under this
Agreement and otherwise at law or in equity.
13. Condemnation. In the event that, between the date of this Agreement and the
Closing Date, any condemnation or eminent domain proceedings are instituted by a
governmental entity which has rights to acquire the Property from Seller and which might result
in the taking of all or any portion of the Air-Rights (except for such portions of the Property as
would not, in Buyer's sole judgment, impair the use of the Air-Rights for the Intended Uses),
Seller shall immediately notify Buyer in writing of such occurrence, and thereupon Buyer may
elect to:
(a) terminate this Agreement, in which event all fights and obligations of the
parties hereunder shall cease, except that Seller shall reimburse Buyer from any condemnation
award for any payments Buyer has made pursuant to Section 14 hereof prior to closing; or
(b) elect to consummate this transaction and require Seller to deliver to Buyer
a duly executed assignment, in form and substance satisfactory to Buyer, of proceeds payable as
a result of Seller's right to receive any condemnation award.
Buyer shall have thirty (30) days from the date of its receipt of written notice of such
institution of proceedings within which to exercise its rights under Sections 13(a) or 13(b)
hereof. If the Air-Rights Closing Date is scheduled to occur within such thirty (30) day period,
the Air-Rights Closing shall be delayed until Buyer makes such election, and if Buyer elects to
consummate the transaction, the Air-Rights Closing Date shall be adjusted accordingly.
14. Development of Air-Rights.
(a) General Provisions. The Marina Services Facility shall be designed,
constructed, financed and owned in accordance with the provisions of this Section.
(b) Buyer's General Responsibilities. Except as set forth otherwise herein
notwithstanding the Seller's execution of the Marina Services Facility Addendum with OPUS
Northwest, the Buyer shall be responsible for the payment, financing, insurance, ownership and
operation of the Marina Services Facility.
(c) Seller's General Duties. The Seller shall have the following duties with
respect to the Marina Services Facility.
(i) Pursuant to WAC 197-11-944, the Seller shall serve as the nominal
lead agency, whereby the Seller shall be responsible for complying with the duties
of the lead agency under all applicable SEPA rules.
(ii) The Seller as the Lead Agency shall be responsible for the
construction oversight, permitting, inspection and completion of the Marina
Services Facility pursuant to Plans, Specifications and Contract Documents
approved by the Buyer.
(iii) The Seller, as Lead Agency for the Conference Center Project,
shall cooperate with the Buyer as necessary to ensure the coordination of the
construction of the Marina Services Facility with and as an integral element of the
Conference Center Project as a whole, so long as the Buyer bears all costs related
to the design, construction and completion of the Marina Services Facility.
(d) Ownership. The Buyer shall retain exclusive ownership and control of the
Marine Services Facility.
(e) Contract with Developer. The Seller shall contract with OPUS by
Addendum to the Main Contract ("Marine Services Facility Addendum"), for the design and
construction of the Marine Services Facility in a form approved by the Buyer. The final
construction and design of the Marine Services Facility shall be subject to the following:
-9-
1~1~3
30
(i) The Seller shall not execute or approve any modifications to the
Marine Services Facility Addendum, any related design and construction
documents of any change orders without the express written consent of the Buyer.
(ii) In connection with any modifications to the design, the Seller and
the Buyer shall work cooperatively to ensure any design changes are harmonious
with the Conference Center Project as a whole.
(iii) On the Seller's receipt of Progress Billings from OPUS, the Seller
shall promptly remit copies thereof to the Buyer and the Buyer shall promptly
remit payment thereof to OPUS so as to ensure timely payment to OPUS.
(iv) The Buyer's Representatives with respect to the Marine Services
Facility is Ken Atteberry who shall have the right to approve modification sand
change orders.
(v) The Buyer reserves the right to monitor construction of the Marine
Services Facility. When requested by the Buyer, the Seller shall arrange for such
inspections, and examination as requested by the Buyer.
(vi) Concurrently with the Seller's receipt of any notices,
communications or correspondence from OPUS NW or any authority having
jurisdiction over the inspection and construction of the Marine Services Facility,
the Seller will promptly provide the Buyer with copies thereof and/or any
information acquired by the Seller.
(vii) The Buyer shall be solely responsible for the full and timely
payment of all costs and fees allocated to Lead Agency under the Marine Services
Facility.
(viii) When and if requested by the Buyer, Seller shall assign the Marine
Services Facility Addendum or divisible portions thereof to the Buyer as the
Buyer deems necessary to protect its interest in the Marine Services Facility. In
the event of a breach by OPUS NW and/or a dispute, the Buyer shall assume
responsibility for prosecuting and defending any claims at the Buyer's sole
expense. The Seller shall take no action to enforce any right or remedy without
the approval of the Buyer.
15. Notices. Any notice or other communication in connection with this Agreement
shall be in writing and shall be sent by United States certified mail, return receipt requested,
postage prepaid, by nationally recognized overnight courier guarantee next day delivery, by
telecopy or facsimile transmission, or by personal delivery, properly addressed as follows:
- 10-
1~1~3
31
If to Buyer : PORT OF BREMERTON
Attn: Executive Director
8850 SW State Hwy 3
Port Omhard, WA 98367
Facsimile: (360) 674-2807
With Copy To: GORDON WALGREN, PORT ATTORNEY
9657 Levin Road NW, Suite 240
Silverdale, WA 98383
If to Seller : CITY OF BREMERTON
Attn: Gary Sexton
239 Fourth Street
Bremerton, WA 98337
Facsimile: (360) 473-5850
With Copy To: ROGER LUBOVICH, CITY ATTORNEY
Office of City Attorney
239 Fourth Street
Bremerton, WA 98337
All notices shall be deemed given three (3) business days following deposit in the United States
mail with respect to certified or registered letters, one (1) business day following deposit if
delivered to an overnight courier guaranteeing next day delivery and on the same day if sent by
personal delivery or by telecopy or facsimile transmission (with proof of transmission).
Attorneys for each party shall be authorized to give notices for each such party. Any party may
change its address for the service of notice by giving written notice of such change to the other
party, in any manner above specified.
16. Miscellaneous.
(a) This Agreement may be executed in any number of counterparts, each of
which shall constitute an original document.
(b) The Section headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement, and are not to be considered in interpreting
this Agreement.
(c) This written Agreement constitutes the entire agreement between the
parties and supersedes any prior oral or written agreements between the parties regarding the
Air-Rights. Them are no verbal agreements which can or will modify this Agreement, and no
waiver of any of its terms will be effective unless in a writing executed by the parties.
(d) The unenforceability or invalidity of any provisions hereof shall not render
any other provisions herein contained unenforceable or invalid.
-11-
10/1/03
3>.
(e) Neither this Agreement nor any of the rights contained hereunder may be
assigned by either party without the prior written consent of the other.
(f) This Agreement shall be construed and enforceable in accordance with the
laws of the State of Washington, without application of its choice of law rules.
(g) This Agreement shall be binding upon and inure to the benefit of the
parties hereto, and their respective successors and permitted assigns.
(h) This Agreement and the provisions, representations and warranties herein
set forth shall survive the Closing and delivery of the deed.
(i) Time is of the essence of this Agreement.
(j) In the event of a default or breach of the provisions of this Agreement, the
nondefaulting party hereto shall be entitled to recover reasonable costs and attorneys' fees
incurred by the nondefaulting party as a result of such default.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and delivered the day and the date first above written.
SELLER: BUYER:
CITY OF BREMERTON, PORT OF BREMERTON,
a Washington municipal corporation a Washington municipal corporation
BY: BY:
Name: Name:
Mayor President and Commissioner
ATTEST:
Name: BY:
Title: Name:
Secretary and Commissioner
Approved as to Form:
BY:
Name:
City Attorney Commissioner
Date:
Approved as to Form:
Port Attorney
Date:
- 12-
10/'~/03
STATE OF WASHINGTON
SS.
COUNTY OF KITSAP
On this __ day of , 20 , before me personally appeared
to me known to be the
of the City of Bremerton, the municipal corporation
that executed the within and foregoing instrument and acknowledged the said instrument to be
the free and voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and that they are authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the
day and year first above written.
NOTARY PUBLIC in and for the
State of Washington
Residing at
My commission expires:
Print Name:
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
On this __ day of ., 20 , before me personally appeared
· to me known to be the
· of the Port of Bremerton, the
municipal corporation that executed the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said municipal corporation, for the
uses and purposes therein mentioned, and that they are authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the
day and year first above written.
NOTARY PUBLIC in and for the
State of Washington
Residing at
My commission expires:
Print Name:
R:\LEGAL\Files\Current Active Files\Conference Center Roger\Port Agreements~Purchase, Sale and Redevelopment Agreement.doc
- 13-
~0/1/03 ~
Exhibit A-2
LEGAL DBSCP, IPTION
ORDER NO. 89~744-C3
PAIICEL I:
TtIAT ?OKTION OF GOVERNMENT LOT ~, SECTION 13, A]qD THAT POIiTION OF GOVEILNMENT
LOT 1, SBCTION 24, AND TIDELANDS ADJOINING, ALL IN TOXVNSHA~ 24 NORTI4~ RANGE 1 EAST,
W.M., IN IC[TSAP COUN/%r, WASltINGTON, DESCRIBED kS FOLLOWS:
CO~CING AT T/:IE MOST SOUTH~I~LY CORNER OF LOT 1 IN BLOCK 2 OF TO, tN OF
BI~EivIF3.TON, ACCORDING TO FLAT tkECORDED IN VOLLrlV~ 2 OF FLATS AT PAGE(S) 30, IN
KITSA? COUN/~, WA~TNGTON;
· l'liliNCE SOUTH 45°20'30'' EAST ALONG rfii5 NOI%TH~ASTEP. LY MAI~GIN OF FIRST STREET
(FRONT STI~EET) IN SAID FLAT A DISTANCE OF 14.18 ~-ET TO TiqE MOST SOUTH]ERLY CORNER
OF AN ALLEY DELINEATED ON BLOCK 2 OF SAID FLAT;
THENCE NOI~TH 35°37'10" EAST 60.00 FEET ALONG SkID DELINEAY'~3 ALLEY TO Tti~ TRUE
POINT OF BEGINNING, WI~CI:i IS ALSO CALLEI) POINT "A" FOR ~EFElkENCE ~W31LPOSES;
TttENCE SOlY£H 45°20'30" EAST PA/kALLEL TO aM NOI~'I~ASTERLY lV/ARGIN OF FIRST STREET
(FRONT STtLEET) TO AN INTERSECTION '~l'I~ T~E INNER ttAR.BOR LINE DELINEATED ON 1958
SUPPLENI~NTAL MAP OF 'ri-ih BREAfEI~TON TIDELANDS, ON FILE IN THE OFFICE OF TItE
COIvIMISSIONER OF PUBLIC LANDS, OLYMPIA, WABnUNGTON;
T~.NCE NOR'i~[k~kSTERLY ALONG SAID INNER ttARBOR LINE TO '£ii~ SOTjTtiSVBSTERLY
1V~kRGIN OF 2ND STREET AS DELINEATED ON SAID SUPPLEMENTAL MAP;
Tt{ENCE NORT~qT~B~'I~I~LY ALONO SAID IViAI~GIN TO A POINT ON 'fB.~ MOST EASTERLY
COP, N~R OF ~ ALLEY DELINEA'£~D ON BLOCK 2 IN PLAT OF TOWN OF BRBivI~RTON;
TttENCE SOUTI-I 35~37'10'' WEST ALONG SAID ALLEY 247.21 ~.~-r TO 'l~i~ TI~D-E POINT OF
BEGINNING;
Exu~r TttAT POI~TION DESClk~ED AS FOLLOWS:
COlVlI~[ENCING AT POI/qT "A" I-LSF.~TOFOI~E DESClklBED;
'II-IM2qCE SOUTH 4~'20'30" F.~ST PARALLEL TO 'r~i~ NOki~ASTERLY MAI~CflN OF FIRST STREET
34.02 FF_~T TO '~nl TI~UE POINT OF BEGINNIN6 OF T~IIS EXCEPTION;
TI-I~NCE NORT~ 45°29'~0'' EAST t4.~7 FF~T;
TI:ii,CE NOI~TSI 35°36'30" EAST 5.90 FEET TO TH~ SOlYi'~tWEST CORNER OF Alq F. XISTINO BRICK
BUILDING;
'£~NCE SOUTi{ 45°20'30" EAST ALONG 'l'i~ soLrrSEASTERLY WALL %~u~EOF 129 FEET;
THENCE SOUT~ 41°$3'20" WEST 20 FEET, ~iOI~E OR LESS, TO ~ SOU'itiV~EST BOUNDARY O1~
TItE MAIN TRACT I:IERETOFOi~E DESCRIBED;
TSIENCE NOI~TM 45°20'30" WEST 129.4] FEET, MOI~E O1~ LESS, TO THE TRUE POINT OF
BE6INN/N~.
EXHIBIT B
Easements and Related Documents
[To be attached within 30 days of Mutual Acceptance]
- 16-
10/1/03
37
EXHIBIT C
Form of Statutory Warranty Deed
WHEN RECORDED RETURN TO:
Name:
Address:
City, State, Zip:
STATUTORY WARRANTY DEED
THE GRANTOR, CITY OF BREMERTON, for and in consideration of $10.00 and other
good and valuable consideration, in hand paid, conveys and warrants to
the following
described real estate, situated in the County of Kitsap, State of Washington:
See Exhibit A attached hereto and by this reference incorporated herein;
Subject to those matters set forth in Exhibit B attached hereto and by this
reference incorporated herein (the "Permitted Exceptions" relating to the above-
described property)
Abbreviated Legal Description:
Tax Account No.:
DATED: ,20 GRANTOR:
- 17-
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that the persons appearing before me
and making this acknowledgment are the persons whose tree signatures appear on this document.
On this __ day of ., 20 , before me personally appeared
and _, to me known
to be the and _, respectively, of THE
CITY OF BREMERTON, the municipal corporation that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that
they were authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
NOTARY PUBLIC in and for the
State of Washington
Residing at
My commission expires:
Print Name:
- 18-
DATE SUBMITTED: October 16, 2003 BILL # O 3 - c~
AGENDA BILL
CITY OF BREMERTON q ~
CITY COUNCIL
SUBJECT: PUBLIC HEARING AND Committee Meeting Date: October 21, 2003
RESOLUTION ON GROUP COUNCIL MEETING Date: October 22, 2003
RESIDENTIAL FACILITIES Department: City Attorney's Office
MORATORIUM Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: On September 24, 2003, the City Council adopted Resolution No. 2908 imposing a
moratorium barfing acceptance for any building, land use, or development permit of approval for
Class I and Class II Group Residential Facilities as defined in BMC 22.02.070 until additional review
has been completed and any necessary code revisions have been adopted. RCW 35.63.200 provides
that a city adopting a moratorium shall bold a public hearing within sixty days of adoption of the
moratorium. The moratorium expires October 22, 2003, unless continued by the City Council
following the hearing. The proposed resolution adopts findings of fact and continues the moratorium
until March 23, 2004, to allow time to complete review and make any necessary code revisions.
ATTACHMENTS:
1. Resolution No. 2908
2. Proposed Resolution continuing moratorium I00, ~ q I 0
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: ¢~
FINANCE DIRECTOR:
MAYOR:
FISCAIdBUDGET: ~/ill be heard October 21, 2003 CONSENT AGENDA []
OPERATIONS: Wi I 1 be heard October 21, 2003
COUNCIL PRESIDENT: ~-~ ~r_~_.~/~'
RECOMMENDED MOTION:
I move to pass Resolution No..;)~z~ l0 continuing the moratorium on the acceptance of applications
for any building, land use, or development permit or approval for Group Residential Facilities until
March 23, 2004.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
RESOLUTION NO. ~. ~08
A RESOLUTION of the City Council of the City of
Bremorton, Washington, imposing a moratorium on the acceptance
of applications for any building, land use, or development permit
or approval for Class I and CIaas II Group Residential Facilities as
defined in BMC 22.02.070.
WHEREAS, the city's zoning code authorizes the placement of Class I and Class
II Group Residential Facilities either as outright permitted uses or as uses permitted through a
special use permit, in certain zones throughout the City; and
WHEREAS, the definitions of Class I and Class II Group Residential Facilities as
set forth in BMC 22.02.070 are not clear as to some types of uses that may or may not 15all into
the definitions of those classes of residential facilities and further may provide for some
inconsistency when applied to Figure 140 of Chapter 21.02 BMC; and
WHEREAS, the City must consider federal and state laws and regulations to
ensure that the City's provisions relating to the placement of Class I and Class II Group
Residential Facilities are consistent with federal and state law; and
WHEREAS, the City is facing the potential of applications for development of
Class I and Class II Residential Facilities within the City and the City does not have adequate
provisions for the review and consideration of the same; and
WHEREAS, because the Bremerton Municipal Code does not adequately address
the placement of these uses and the impacts that these uses may present, the protection of the
public health, safety, and general welfare would be jeopardized by the establishment of such
facilities prior to a review of the matter or adoption of new regulations by the City Council; and
WHEREAS, the citizens of Bremerton would be well-served if the City more
fully addressed and understood the potential impacts in the form of health, safety, economics,
hazards to traffic, and aesthetics Class I and Class II Group Residential Facilities may impose
upon neighboring properties and the community as a whole; and
WHEREAS, the City needs time within which to research its options and to
review existing information on the effects of these facilities and to review the Bremerton
Municipal Code in a comprehensive fashion to determine what code revisions are necessary to
address the impacts of such uses; and
WHEREAS, the City Council finds that the protection of the health, safety, and
welfare supports imposing a moratorium on the acceptance of all applications for any building,
land use, or development permit or approval under the Bremerton Municipal Code for Class I
and Class 1I Group Residential Facilities within the City of Bremerton until additional review has
I
Group Residential Facilities Moratorium
been completed and any necessary code revisions have been adopted by the Bremerton City
Council; and
WHEREAS, since the City does not currently have sufficient regulations to
properly review and consider Class I and Class II Group Residential Facilities, the enactment o£
a moratorium on processing applications prior to holding a public hearing is necessary to protect
the public health and welfare of the community; and
WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a
public hearing is held within sixty (60) days of adoption; and
WHEREAS, the purpose of this moratorium is to provide time in which the City
Council may study its existing code, ordinances, and the impacts of such uses, during this
moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the
impacts; and prepare for placement of Class I and Class II Group Residential Facilities; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION L Recitals Incorporated. The recitals set forth in this resolution are
hereby incorporated as if fully set forth herein.
,S£CTION2. Moratorium. Due to the findings set forth herein and as authorized
pursuant and subject to RCW 35.63.200, the Bremerton City Council does hereby declare a
moratorium on the acceptance of applications for any building, land use, or development permit
or approval (including variances and rezones), or any other permit or approval required to site
and/or to develop any Class I and Class II Group Residential Facilities within the City of
Bremerton.
SECTION3. Pendin~ Am~lication& Substantiallycompletedapplicationsfor
any building, land use, or development permit or approval (including variances and rezones), or
any other permit or approval required to site and/or to develop any Class I and Class I1 Group
Residential Facilities, filed and accepted by the City prior to the effective date of this
moratorium, shall not be affected by this moratorium.
S£CTION 4. Duration. Themoratoriumestablishedhereinshallterminateon
the date a hearing on the moratorium is concluded, unless continued following said hearing, or
60 days from the effective date of this resolution, whichever is sooner. During said moratorium,
no building, land use, or development permit or approval shall be issued nor shall any such
permit application be accepted for any such use within the City of Bremerton.
SECTIONS. Public Hearing - Scheduled. Pursuant to RCW 36.70A.390, the
City Council shall hold a public heating on this moratorium within sixty (60) days of its
adoption. A public heating on this moratorium will be held by the City Council during its
regularly scheduled Council meeting on October 22, 2003. Immediately after the public heating,
2
Group Residential Facilities Moratorium
the City Council shall adopt findings of fact on the subject of this moratorium, either justifying
its continued position or canceling the moratorium.
SECTION 6. ,,~everabilitv. If any one ormore sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
$£¢TION Z Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirraed.
SECTION 8. E1Tective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington thisa~[.)
day of~~.)~ 2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
3
Group Residential Facilities Moratorium
RESOLUTION NO..~:i! ~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting findings of fact and continuing a
moratorium on the acceptance of applications for any building,
land use, or development permit or approval for Class I and Class
II Group Residential Facilities as defined in BMC 22.02.070.
WHEREAS, the city's zoning code authorizes the placement of Class I and Class
II Group Residential Facilities either as outright permitted uses or as uses permitted through a
special use permit, in certain zones throughout the City; and
WHEREAS, the definitions of Class I and Class II Group Residential Facilities as
set forth in BMC 22.02.070 are not clear as to some types of uses that may or may not fall into
the definitions of those classes of residential facilities and further may provide for some
inconsistency when applied to Figure 140 of Chapter 21.02 BMC; and
WHEREAS, on September 24, 2003, the City Council adopted Resolution
No. 2908 imposing a moratorium barring acceptance for any building, land use, or development
permit of approval for Class I and Class H Group Residential Facilities as defined in BMC
22.02.070 within the City of Bremerton until additional review has been completed and any
necessary code revisions have been adopted by the City Council on the issue of Class I and Class
II Group Residential Facilities; and
WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall
adopt findings of fact immediately after the public hearing held within sixty days of adoption of
the moratorium; and
WHEREAS, a public hearing was held on October 22, 2003, before the
Bremerton City Council; and
WHEREAS, the City Council has considered comments, materials and public
testimony presented and finds it is in the best interest of the City of Bremerton to continue the
moratorium for the protection of the health, safety, and general welfare of the community; and
WHEREAS, the City Council has also considered the applicability of a
moratorium to facilities that house handicapped persons as such are defined under the Fair
Housing Act, as amended in 1988 ("FHAA") and believes it is appropriate to exclude such
facilities fi.om the application of the moratorium; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
Group Residential Land Use
Moratorium Continuation
SECTION I. Recitals and Finding of Fact Incorporated. The recitals and
findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein.
SECTION2. Findings of Fact. TheCityCouncilherebyadoptsthefollowing
findings of fact:
1. The City is currently reviewing its policies with regard to the zoning and
placement of Class I and Class II Group Residential Facilities as defined in BMC 22.02.070 in
the City of Bremerton; and
2. The City is also considering federal and state laws and regulations to ensure that
the City's provisions relating to the placement of Class I and Class II Group Residential
Facilities are consistent with federal and state law. With regard to secure transition facilities,
which are defined in the Growth Management Act as "essential public facilities," the City's
regulations cannot be more restrictive than RCW 71.09.285 through 71.09.340. The City needs
time to compare its regulations with state law to ensure compliance, and if inconsistent, to follow
the process outlined above for the amendment of its development regulations; and
3. The City is facing the potential of applications for development of Class I and
Class II Residential Facilities within the City and the City does not have adequate provisions for
the review and consideration of the same; and
4. In order to properly adopt the policies, plans and an ordinance to deal with these
facilities the City must have a period of time within which to research its options and prepare an
ordinance without the influx of new applications; and
5. The citizens of Bremerton would be well-served if the City more fully addressed
and understood the potential impacts in the form of health, safety, economics, hazards to traffic,
and aesthetics these facilities impose upon neighboring properties and the commtmity as a
whole; and
6. The City needs time to review existing information on the effects of these
facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine
what necessary code revisions are necessary to address the impacts of such uses; and
7. The City Council finds that the protection of the health, safety, and welfare
supports imposing a moratorium on the acceptance of all applications for any building, land use,
or development permit or approval under the Bremerton Municipal Code for Class I and Class II
Group Residential Facilities as defined in BMC 22.02.070 within the City of Bremerton until
additional review has been completed and any necessary code revisions have been adopted by
the Bremerton City Council; and
8. The purpose of this moratorium is to provide time in which the City Council may
study its existing code and ordinances, and the impacts of such uses, during this moratorium
period; determine what, if any, reasonable regulation is necessary to mitigate the impacts; and
prepare for adoption of permissible regulations to regulate such uses. The City needs adequate
2
Group Residential Land Use
~ ~ Moratorium Continuation
time to research the issues relating to such uses, to draft ordinances addressing the same, to hold
public hearings on such ordinances before the Planning Commission, to accept public testimony
on such ordinances and to adopt amendments to the City's Zoning Code addressing the same.
9. Because the Bremerton Municipal Code does not adequately address the
placement of these uses and the impacts that these uses may present, the protection of the public
health, safety, and general welfare would be jeopardized by the establishment of such facilities
prior to a review of the matter or adoption of new regulations by the City Council, therefore the
city council finds that an emergency exits; and
10. The City Council has considered the applicability of a moratorium to facilities
that house handicapped persons as such are defined under Section 42 U.S.C. 3602 (h) of the Fair
Housing Act, as amended in 1988 ("FHAA"), and believes it is appropriate to exclude such
facilities from the application of this moratorium.
SECTION3. Purpose o[Moratorium. The purpose of this moratorium is to
allow the City adequate time to research the issues relating to Applications, including dwelling
units to be occupied by persons with handicaps, as defined in RCW 36.70A.410 and the Federal
fair housing act of 1988 (42 U.S.C. Sec. 3602), to draft ordinances addressing the same, to hold
public hearings on such ordinances before the Planning Commission, to accept public testimony
on such ordinances and to adopt amendments to the City's Zoning Code addressing the same.
SECTION 4. Declaration of Emergenc~. The City Council does declare that an
emergency exists in that the acceptance of applications and the issuance of permits for Class I
and Class II Group Residential Facilities without adequate study of the impacts of such facilities,
the City's regulations relative to the siting and development of the facilities and the consistency
of City regulations to federal and state law.
SECTION 5. Continuation o£Moratorium. Based on the findings of fact
adopted in Section 2, the moratorium enacted in Resolution No. 2908 is hereby continued and
will remain in effect for a six month period commencing on September 24, 2003. Accordingly,
the moratorium shall not expire until midnight on March 23, 2004, unless the moratorium is
shortened or extended by action of the City Council or until the effective date of any ordinance
establishing new regulations governing Class I and Class II Group Residential Facilities, which
ever is sooner. The City Attorney is hereby directed to prepare an ordinance incorporating the
findings of the City Council contained herein and further ratifying the enactment and
continuation of the moratorium to March 23, 2004. During said moratorium, no building, land
use, or development permit or approval shall be issued, nor shall any such permit or application
be accepted for any land use permit or approval for Class I and Class II Group Residential
Facilities as defined in BMC 22.02.070 within the City of Bremerton.
SECTION 6. Exempt ['rom moratorium. This moratorium shall not apply to
applications for dwelling unit(s) which are demonstrated by the applicant to satisfy the definition
of a "residential structure occupied by persons with handicaps" in RCW 36.70A.410 and the Fair
Housing Act, as amended in 1988 ("FHAA") (42 U.S.C. Sec. 3602). In addition, this
Group Residential Land Use
Moratorium Continuation
moratorium shall not apply to applications for which the City has received a complete
application prior to or on September 24, 2003, which is the date this moratorium was adopted.
SECTION 7. Severabilitv. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
fome and effect.
SECTION 8. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this __
day of ., 2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk
R:\LEGAL~,esolution s~3roup Residential Land Use Moratorium Continuation.doc
Group Residential Land Use
Moratorium Continuation
DATE SUBMITTED: October 16, 2003 BILL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: PUBLIC HEARING AND Committee Meeting Date: 0ctobe r 21, 2003
RESOLUTION ON UNLISTED USES COUNCIL MEETING Date: October 22, 2003
MORATORIUM Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: On September 24, 2003, the City Council adopted Resolution No. 2907 imposing a
moratorium barring acceptance for any building, land use, or development permit of approval for
Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning
code, as allowable uses by zones until additional review has been completed and any necessary code
revisions have been adopted. RCW 35.63.200 provides that a city adopting a moratorium shall hold a
public hearing within sixty days of adoption of the moratorium. The moratorium expires October 22,
2003, unless continued by the City Council following the hearing. The proposed resolution adopts
findings of fact and continues the moratorium until March 23, 2004, to allow time to complete review
and make any necessary code revisions.
ATTACHMENTS:
1. Resolution No. 2907
2. Proposed Resolution lO0, ~ tt I ~
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: .
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: Idil I be heard October 21 , 2003
CONSENT AGENDA []
OPERATIONS: tdill be heard October 21, 2003
cot.r cm PRESIDENT:
RECOMMENDED MOTION:
I move to pass Resolution No. ,~'1,[ _ continuing the moratorium on the acceptance of applications
for any building, land use, or development permit or approval for Unlisted Uses until March 23, 2004.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
RESOLUTION NO. 2907
A RESOLUTION of the City Council of the City of
Bremcrton, Washington, imposing a moratorium on the acceptance
of applications for any building, land use, or development permit
or approval for Unlisted Uses which, pursuant to BMC 21.02.150,
are not listed in Figures 120 and 140 of the zoning code, Chapter
21.02 as allowable uses by zones in the City.
WHEREAS, BMC 21.02.150 entitled "Unlisted Uses" provides that if a use is not
specifically allowed as an allowable use in Figures 120 and 140 of the zoning code, Chapter
21.02, (hereinafter, "Unlisted Use") and the Unlisted Use is similar to a listed use, the Director of
the Department of Community Development may make a written finding as to what zone and
which approval process the Unlisted Use may be permitted; and
WHEREAS, this provision does not provide adequate criteria for reviewing and
considering applications for Unlisted Uses; and
WHEREAS, the City is facing the potential of applications for development of
Unlisted Uses within the City; and
WHEREAS, because the Bremerton Municipal Code does not adequately address
the placement of these uses and the impacts that these uses may present, the protection of the
public health, safety, and general welfare would be jeopardized by the establishment of such
facilities prior to a review of the matter or adoption of new regulations by the City Council; and
WHEREAS, the citizens of Bremerton would be well-served if the City more
fully addressed and understood the potential impacts in the form of health, safety, economics,
hazards to traffic, and aesthetics Unlisted Uses may impose upon neighboring properties and the
community as a whole; and
WHEREAS, the City needs time within which to research its options and to
review existing information on the effects of these facilities and to review the Bremerton '?
Municipal Code in a comprehensive fashion to determine what code revisions are necessary to
address the impacts of such uses; and
WHEREAS, the City Council finds that the protection of the health, safety, and
welfare supports imposing a moratorium on the acceptance of all applications for any building,
land use, or development permit or approval under the Bremerton Municipal Code for Unlisted
Uses within the City of Bremerton until additional review has been completed and any necessary
code revisions have been adopted by the Bremerton City Council; and
WHEREAS, since the City does not currently have sufficient regulations to
properly review and eomider Unlisted Uses, the enactment of a moratorium on processing
applications prior to holding a public hearing is necessary to protect the public health and
1
Unlisted Uses Moratorium
welfare of the community; and
WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a
public hearing is held within sixty (60) days of adoption; and
WHEREAS, the purpose of this moratorium is to provide time in which the City
Council may study its existing code, ordinances, and the impacts of such uses, during this
moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the
impacts; and prepare for adoption of permissible regulations relating to Unlisted Uses; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION L Recitals Incorporated. The recitals set forth in this resolution are
hereby incorporated as if fully set forth herein.
S£CTION2. Moratorium. Due to the findings set forth herein and as authorized
pursuant and subject to RCW 35.63.200, the Bremerton City Council does hereby declare a
moratorium on the acceptance of applications for any building, land use, or development permit
or approval (including variances and rezones), or any other permit or approval required to site
and/or to develop any Unlisted Use within the City of Bremerton.
S£CTION$. Pendine/l~Mications. Substantially completed applications for
any building, land use, or development permit or approval (including variances and rezones), or
any other permit or approval required to site and/or to develop any Unlisted Use, filed and
accepted by the City prior to the effective date of this moratorium, shall not be affected by this
moratorium.
SECTION4, Duration. The moratorium established herein shall terminate on
the date a hearing on the moratorium is concluded, unless continued following said hearing, or
60 days from tho effective date of this resolution, whichever is sooner. During said moratorium,
no building, land use, or development permit or approval shall be issued nor shall any such
pelmit application be accepted for any such use within the City of Bremexton.
SECTION $. Public Hearine- Scheduled. Pursuant to RCW 36.70A.390, the
City Council shall hold a public hearing on this moratorium within sixty (60) days of its
adoption. A public heating on this moratorium will be held by the City Council during its
regularly scheduled Council meeting on October 22, 2003. Immediately after the public hearing,
the City Council shall adopt findings of fact on the subject of this moratorium, either justifying
its continued position or canceling the moratorium.
SECTION 6. Severability. If any one or more seetious, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
2
,...._ Unlisted Uses Moratorium
SECTION 7. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
SECTION8. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this~
day of~, 2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
3
Unlisted Uses Moratorium
RESOLUTION NO. ~'ff~ ~ __
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting findings of fact and continuing a
moratorium on the acceptance of applications for any building,
land use, or development permit or approval for Unlisted Uses
which, pursuant to BMC 21.02.150, are not listed in Figures 120
and 140 of the zoning code, Chapter 21.02 as allowable uses by
zones in the City.
WHEREAS, BMC 21.02.150 entitled "Unlisted Uses" provides that ifa use is not
specifically allowed as an allowable use in Figures 120 and 140 of the zoning code, Chapter
21.02, (hereinafter, "Unlisted Use") and the Unlisted Use is similar to a listed use, the Director of
the Department of Community Development may make a written finding as to what zone and
which approval process the Unlisted Use may be permitted; and
WHEREAS, this provision does not provide adequate criteria for reviewing and
considering applications for Unlisted Uses especially with respect to group home facilities which
is the subject of a moratorium enacted concurrently with this moratorium; and
WHEREAS, on September 24, 2003, the City Cotmcil adopted Resolution
No. 2907 imposing a moratorium barring acceptance for any building, land use, or development
permit of approval for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in
Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones within the
City of Bremerton until additional review has been completed and any necessary code revisions
have been adopted by the City Council on the issue of Unlisted Uses; and
WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall
adopt findings of fact immediately after the public hearing held within sixty days of adoption of
the moratorium; and
WHEREAS, a public hearing was held on October 22, 2003, before the
Bremerton City Council; and
WHEREAS, the City Council has considered comments, materials and public
testimony presented and finds it is in the best interest of the City of Bremerton to continue the
moratorium for the protection of the health, safety, and general welfare of the community; and
WHEREAS, the City Council has also considered the applicability of a
moratorium to all applications which constitute Unlisted Uses and believes the application to
such to be too broad therefore it is appropriate to restrict the moratorium to residential uses in
conjunction with the moratorium on group home facilities, which is the subject of a moratorium
1
Unlisted Uses
~ ~_ Moratorium Continuation
enacted concurrently with this moratorium, and to exclude all other applications of Unlisted Uses
fi.om the moratorium; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Finding of Fact Incorporated. The recitals and
findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein.
SECTION2. Findings of Fact. The City Council hereby adopts the following
findings of fact:
1. The City is currently reviewing its policies with regard to the zoning and
placement of Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and
140 of the zoning code, Chapter 21.02 as allowable uses by zones in the City of Bremerton; and
2. The City is facing the potential of applications for development of Unlisted Uses
within the City and the City does not have adequate provisions for the review and consideration
of the same; and
3. In order to properly adopt the policies, plans and an ordinance to deal with these
facilities the City must have a period of time within which to research its options and prepare an
ordinance without the influx of new applications; and
4. The citizens of Bremerton would be well-served if the City more fully addressed
and understood the potential impacts in the form of health, safety, economics, hazards to traffic,
and aesthetics these facilities impose upon neighboring properties and the community as a
whole; and
5. The City needs time to review existing information on the effects of these
facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine
what necessary code revisions are necessary to addresses the impacts of such uses; and
6. The City Council finds that the protection of the health, safety, and welfare
supports imposing a moratorium on the acceptance of all applications for any building, land use,
or development permit or approval under the Bremerton Municipal Code for Unlisted Uses
which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoaing code,
Chapter 21.02 as allowable uses by zones within the City of Bremerton until additional review
has been completed and any necessary code revisions have been adopted by the Bremerton City
Council; and
7. The purpose of this moratorium is to provide time in which the City Council may
study its existing code, ordinances, and the impacts of such uses, during this moratorium period;
determine what, if any, reasonable regulation is necessary to mitigate the impacts; and prepare
for adoption of permissible regulations to regulate such uses.
2
Unlisted Uses
5 3 Moratorium Continuation
8. Because the Bremerton Municipal Code does not adequately address the
placement of these uses and the impacts that these uses may present, the protection of the public
health, safety, and general welfare would be jeopardized by the establishment of such facilities
prior to a review of the matter or adoption of new regulations by the City Council, therefore the
city council finds that an emergency exits; and
9. The City Council has considered the applicability of a moratorium to all
applications which constitute Unlisted Uses and believes the application to such to be too broad
therefore believes it is appropriate to restrict the moratorium to residential uses in conjunction
with the moratorium on group home facilities, which is the subject ora moratorium enacted
concurrently with this moratorium, and to exclude ail other applications of Unlisted Uses from
the moratorium.
SECTIONS. Declaration o£Emergenc¥. The City Council does declare that an
emergency exists in that the acceptance of applications and the issuance of permits for Unlisted
Uses, as they relate to residential uses, without adequate study of the impacts of such facilities,
especially in conjunction with the moratorium on group home facilities, and the City's
regulations relative to classifying such uses.
SECTION 4. Continuation of Moratorium. Based on the findings of fact
adopted in Section 2, the moratorium enacted in Resolution No. 2907 is hereby continued and
will remain in effect for a six month period commencing on September 24, 2003. Accordingly,
the moratorium shall not expire until midnight on March 23, 2004, unless the moratorium is
shortened or extended by action of the City Council or until the effective date of any ordinance
establishing new regulations governing Unlisted Uses, which ever is sooner. The City Attorney
is hereby directed to prepare an ordinance incorporating the findings of the City Council
contained herein and further ratifying the enactment and continuation of the moratorium to
March 23, 2004. During said moratorium, no building, land use, or development permit or
approval shail be issued, nor shall any such permit or application be accepted for any land use
permit or approval for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in
Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones within the
City of Bremerton.
SECTION 5. Exempt?om moratorium. The moratorium shall only be
applicable to applications for Unlisted Uses that are residential uses except that it shall not apply
to such applications for dwelling unit(s) which are demonstrated by the applicant to satisfy the
definition of a "residential structure occupied by persons with handicaps" in RCW 36.70A.410
and the Fair Housing Act, as amended in 1988 ("FHAA") (42 U.S.C. Sec. 3602). In addition,
this moratorium shall not apply to applications for which the City has received a complete
application prior to or on September 24, 2003, which is the date this moratorium was adopted.
SECTION 6. Severabilit~. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
3
Unlisted Uses
~-~ Moratorium Continuation
.SECTION 7. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this __
day of ., 2003.
CAROL AR_ENDS, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk
RSLEGAL~Resolu tions\Unlis ted Uses Moratorium Continuation.doe
Unlisted Uses
Moratorium Continuation