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Home My WebLink About08/20/03 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-,5280 · Fax (360} 478-5251 * * * AMENDED * * * CITY COUNCIL MEETING AGENDA AUGUST 20, 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 - July 30, 2003 (#AB03-153) B. Contract Change Order to ASSOCIATED UNDERWATER SERVICES, INC. for Bonding -7 of Steel Piles to Complete the Cathodic Protection of Steel Piles (#AB03-154) C. Acceptance of Loan Agreements No. PW-03-691-004 and 01-65101-003 (#AB03-155) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Amendment No. 2 to the Interlocal Agreement between the City of Bremerton and Kitsap County for the "SR304 TRANSPORTATION IMPROVEMENT PROJECT" (#AB03-156) B. Appointments of Joyce Davison, Kyle Cruver, and Mike Eversole to the Community Development Block Grant Citizen Advisory Committee - Capital & Planning (#AB03-160) ~-/(:;~ of H. Emily Moshay and Faye Flemister to the Community Development ~"~ C. Appointments Block Grant Citizen Advisory Committee - Public Services (#AB03-161) 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4864 [Second Reading] setting the Mayor's Compensation through a separate Ordinance (#AB03-139) B. Ordinance No. 4865 [Second Reading] amending 'fitle 10 of the Bremerton Municipal Code relating to restricted Parking Zones (#AB03-150) CONTINUED ON NEXT PAGE.,. E-mail: cih/council@ci.bremerton.wa,us · Web: www.ci.bremerton.wa.us C. Closed Record [Quasi Judicial] Hearing; and proposed Resolution No. 2900 approving Solid Seven Construction application for Preliminary Plat (File No. PL03-0017) for "Rainier Vista" (#AB03~152) D. Resolution No. 2901, authorizing the City to receive 3 State Revolving Fund Loans No, L0400003, L0300034, and L0400004 (#AB03-157) E. Resolution No. 2902, requesting Termination of Economic Development Administration Grant Award No. 07-01-03791 (#AB03-158) F. Resolution No. 2903, approving the "2004-2009 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN" (#AB03-159) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING A 3 MINUTE COMMENTS CITY COUNCIL 20 AUGUST 2003 ~,~e the public ale still ~aiting fi~ a rep!3 fi'om >,ux ltfl~o~ich ~cgardmg Ms }l~ff k~e~ ~s signnig [br the Mayo~ ~ which is in ~ioktl~o~ afthc Ci~ (hartc~ !'he pcoplc"s doc~mqcal ~':h h your mayor fir~ds too reslrictive. What a }okc, ihat wa., tt~ ,vho~e idea of the Charter last x3, ednesda5 the same empiosee ~xithout atltbority pub!iclv chaslised ('mmcih~,n Younger Her actions were out of order and in direct vioiali(m of C it> Council rules a~d procedures. None of the city staff have the right to harangue an elected Council Membel - their chambers, without first having bee~ invited to approaci~ a.~d speak She had t~ot been invited, and sliould have made her cotv~nlents in thc pul~hc comlner'0 period She shotdd however be advised that even during public comment periods · Council rules and Procedm=:s not penn{t criticism of Council members Att3 l,ubovich - have you responded m writing, as requested b> Councilman Yoange~ with regard to the Treasurer/Finance Manager ha'~ mg goue outside his job description and violating the BMC by continuing in that posit/on witNm! ibc rcqtm'ed Council Appro,,al" O; ,, the Ordnance the Assistant City Attm;~e5 presented to (;or!nc il Committee Meeting last eX. ch ~3 doing away with certain conditions in the ~')rdmance ct~rrcntl5 m ertl:c! - intended to dilute ti: Council's authority once again while heaping more authority o,~ the Mayor7 It is puzzling to this citizen as m why ex.e~F time thc D(?D or 15×ecut~',e gets caught their hand in the cookie jar by breakh~g a ?vernmg s~atue~ ihei~ Attorneys merelx pr~ceed rewrite the statute to bail them out Il iS tinle for a little more Accoun!aNiit? m~d a hltic !~,:< Fanc~ Footwork - e~,pecl~dl5 ri the Finance department I keep wor~dering tto~ close ~.e a~e Io i3R( ~KE ailer s~tt~g th~ot :it each Finance meeting CITY COUNCIL MEETING AUGUST 20, 2003 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a genera/question...P/ease provide information below so staff will be able to contact you. Thank you. NAME ADDRESS/TELEPHONE TOPIC DATE SUBMITTED: August 15, 2003 BILL # 03 AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A July 30, 2003 COUNCIL MEETING Date: August 20, 2003 Department: City Council Presenter: Carol Arends Phone: (360) 478-5280 SUMMARY: Attached are the minutes for the Council Meeting held July 30, 2003. ATTACHMENTS: Minutes for July 30, 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 #1903, #1904 & #1905 CITY COUNCIL MEETING MINUTES July 30, 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, July 30, 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, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Roger Lubovich; 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 Pastor Talma~le Wilson of Charleston Baptist Church. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting agenda; and 2. Item 8B "COMMITTEE APPOINTMENT FOR EMS LEVY VOTERS' PAMPHLET" has been added to tonight's agenda under NEW BUSINESS. CONSENT AGENDA A. Minutes of Meeting - July 9, 2003 (#AB03-136) B. Minutes of Meeting - July 16, 2003 (#AB03-137) #0040 MISlCIU (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0060 M/S/C/U (Younger/McConnell) On July 30, 2003, the Council approved payment for Check Numbers 282409 through 283205; EFT7765 through EFT7770; and P7767 in the total amount of $576,613.73. COUNCIL MEMBERS Mike Short attended the World Changers Closing Ceremony; and thanked Mr. & Mrs. Bob Tulp and congratulated all of the students for all of their efforts in this program. Will Maupin thanked Senator Betti Sheldon for hosting the Welcoming Party & Picnic for the Japanese students from Kure, Japan. Mike Shepherd discussed his attendance at the World Changers Closing Ceremony; the District 5 Annual Picnic; and "Arts in the Park". He also announced the First Friday Art Walk. Ed Rollman was able to attend several of the World Changer project sites; and was pleased he had a chance to discuss the Government Center project with one of the on-site contractors. Daren Ny,qren invited the public to attend a Community Event sponsored by the Manette Business Association on Saturday, August 2 at 1:00 P.M. on the Manette Community Stage, with a performance by the "Chester Avenue Jazz Band". Cecil McConnell announced the District 1 & 2 Town Meeting to be held on Thursday, August 21, 2003 from 6:30 to 8:00 P.M. at the Sheridan Park Center to discuss the "Proposed Tunnel". TAPES #1903, #1904 & #1905 City Council Reg. Mtg. Minutes July 30, 2003 Page 2 of 5 Wayne Olsen also encouraged citizens to attend the District I & 2 Town Meeting; discussed the Exchange Student program with Kure, Japan, sponsored by the Central Lions Club for over 30 years; and reported that he was also able to visit several World Changer project sites. Carol Arends discussed her attendance at the World Changers Closing Ceremony. MAYOR'S REPORT - Mayor Bozeman .... · Encouraged citizens to support the EMS Levy and Passenger-Only Ferry ballot measures; · Discussed a tour of the Conference Center by members of the Public Facilities District; · Hoped that the Council would discuss any concerns with the Six-Year Transportation Plan with himself or Gene Sampley, Public Works & Utilities Director; · Was pleased to see the progress of all the downtown construction projects; · Thanked Elaine Valencia for all her dedicated work on the Kure, Japan Exchange Student program; and invited Bob Barton to further discuss the program, and introduce the host families and the three students: Craig & Leesa Bowie, hosting Mami Isobe.; Al & Elaine Valencia, hosting Hideki Omote; and Bill & Ruth Rossiter, hosting Ayumi Hara. A gift from the students was also presented to the Council President. PUBLIC RECOGNITION Allen Shute and Roy Runyon discussed their concerns about lack of information on the proposed tunnel. Mr. McConnell and Mr. Olsen reiterated the invitation to the District 1 & 2 Town Meeting where the proposed tunnel is scheduled for discussion. Tiny Collins, Bruce Fields, Daren Kruse, Eric Richardson, Charles Dirk, Terry Kin;;, Mike Goodyay, Clarence Land, Mr. & Mrs. Dan Turek, and Sherry Vivier spoke in opposition to the proposed location for the new Homeless Men's Shelter in the Charleston neighborhood. H. Emily Moshay commended the Council for thoroughly studying the issues and making decisions that benefit the community. Don Bulmon suggested that the Homeless Men's Shelter be located near the Max Hale Center. Don Larson admired the work on the Gateway project and Evergreen Park expansion; presented information on the beautification being done in other cities; and requested help from the City in watering and mowing certain landscaping locations. 8A - APPOINTMENT OF LINDA STREISSGUTH TO THE BREMERTON PLANNING COMMISSION (#AB03-138): Sherrill Huff Menees, Municipal Services Coordinator, stated that there is a vacancy on the Planning Commission created by the resignation of Joan Dingfield, who was also recognized for her 8 years of [unpaid] service on the Commission. Mayor Bozeman is recommending to appointment of Linda Streissguth to fill the vacancy. There were no comments from the public. #2559 MISICIU (Younger/McConnell) Move to confirm Linda Streissguth to the Bremerton Planning Commission effective immediately. 8B - APPOINTMENT OF CHARLES SHORROCK~ THOMAS MOORE~ AND SONDRA McKIERNAN TO THE VOTER PAMPHLET PRO STATEMENT COMMITTEE (#AB03-142): Roger Lubovich, City Attorney, explained that on July 23rd, the City Council passed Resolution TAPES #1903, #1904 & #1905 City Council Reg. Mtg. Minutes July 30, 2003 Page 3 of 5 No. 2895 placing the Property Tax Levy to fund Emergency Medical Services on the September 16, 2003 ballot. If the City desires to participate in the committee selection process for the local voters' pamphlet, it must appoint persons known to favor or be against the measure to serve on the "Pro" and "Con" committees. Membership is limited to three persons per committee. It is recommended that City Council appoint Charles Sharrock, Thomas Moore, and Sondra McKiernan to the Pro Levy Committee. All are residents of Bremerton. It was noted that no citizens have come forward to be appointed to the committee against this measure. Roy Runyon expressed his concern that this item was placed on the agenda at "the last minute". .Mr. Lubovich pointed out that an announcement was made at the last Council meeting [July 23] requesting any citizen interested in being appointed to either of these Committees to contact the City. The names of the three citizens who volunteered to provide the "pro" statement were provided to the Council during their FISCAL & BUDGET and OPERATIONS COMMITTEE meeting last night [July 29]. It was further explained that "time is of the essence" as the deadline to write and provide the statements for the Voters' Pamphlet is on Monday [Aug 4]. #2851 MISICIU (Nygren/McConnell) Move to approve the Voter Pamphlet Pro Statement Committee consisting of Charles Sharrock, Thomas Moore, and Sondra McKiernan. 9A - PUBLIC HEARING AND ORDINANCE [FIRST READING] SETTING THE MAYOR'S COMPENSATION THROUGH A SEPARATE ORDINANCE (#AB03-139): Roger Lubovich, City Attorney, pointed out that Section 2 of Ordinance No. 4357 established the Mayor's compensation through the budget. The proposed ordinance repeals Section 2 of Ordinance No. 4357 and establishes the Mayor's salary and benefits by ordinance outside of the annual budget process. The ordinance does not change the current salary. There were no comments from the public. #3075 MISICIU (McConnell/Olsen) Move to approve the proposed ordinance on first reading. 9B - PUBLIC HEARING AND ORDINANCE [FIRST READING] REGARDING THE REORGANIZATION OF THE DEPARTMENTS OF FINANCE AND ADMINISTRATIVE SERVICES; CREATING A NEW JOB DESCRIPTION FOR "DIRECTOR OF CAPITAL PROJECTS"; AND MODIFYING OTHER JOB DESCRIPTIONS (#AB03-140): Michael Wilson, Finance Director, announced that the administration is proposing to combine the departments of Administrative Services and Finance into the new department of Administration and Finance. This new department would be comprised of the divisions of Finance, City Clerk, BKAT, and Information Technology, and would offer more effective integration of programs to better serve citizens and city departments. Job description and salary ranges need to be modified or created for Director of Capital Projects, Finance Officer, Director of Administration and Finance, City Clerk, and Civil Service/Human Resources Specialist. It was explained that although the Human Resources Department was removed from this proposal, the Council was urged to allow the return of this Department to the proposed plan. Helen Miller expressed her concern that this plan was merely a way of implementing a "City Manager" form of government". Mr. Wilson responded that this plan was in place prior to his hire with the City, and although he was not interested in taking on any additional work, he fully supported this proposal from the Mayor. Each of the Council members provided comments both in favor and in opposition to this issue prior to the vote... TAPES #1903, #1904 & #1905 City Council Reg. Mtg. Minutes July 30, 2003 Page 4 of 5 TAPE #1904 Mayor Bozeman offered clarification that this proposal was not changing his original request to have the Finance Director [Treasurer] report directly to him; and that the purpose of this proposal was to address the findings and recommendations of a report presented from the contracted firm of "MILLER & MILLER", which showed that the Administrative Services Department was in need of improvements. President Arends indicated that the Council has made previous suggestions to the Administration to "break down" the requests into separate actions rather than presenting all requests on one Agenda Bill for action. #'1219 M/S/F (Shepherd/Olsen) Move to approve the proposed ordinance on first reading, amending the salary bands to remain at the 2002 budget level to total salaries at $318,150.00. Voted in favor of the Motion: Maupin, Olsen, Nygren, and Shepherd Voted opposed to the Motion: Younger, Short, McConnell, Rollman, and Arends Motion failed: 4-Yes; 5-No 9C - PUBLIC HEARING AND ORDINANCE [FIRST READING] APPROVING AMENDMENTS TO ORDINANCE NO. 4839 RELATING TO THE CITY OF BREMERTON FISCAL YEAR 2003 BUDGET (#AB03-141): Michael Wilson, Finance Director, summarized that the City Council passed Ordinance No, 4837 on December 4, 2002, authorizing the formation of Utility Local Improvement District (ULID) No. 2002-01. The City Council passed the Fiscal Year 2003 City Budget Ordinance (Ordinance No. 4839) on December 11, 2002. The Fiscal Year 2003 City Budget authorized the establishment of a Public Safety Bond Fund to account for and fund the various Public Safety capital projects and vehicle acquisitions. The City Council approved on January 29, 2003, the issuance of revenue bonds to finance the construction of the Conference Center Parking facility and Hotel Plaza capital revenue bonds to finance the construction of the Conference Center Parking facility and Hotel Plaza capital improvement projects. The City of Bremerton is required to maintain separate accounting for the City's parking system as a condition of the issuance of revenues for financing the construction of the Conference Center Parking facility. Upon the formation of local improvement districts, the City is required to maintain sufficient revenues within a LID guaranty fund to cover bond covenants for the financing of the LID capital project improvements. The City Council approved on February 26, 2003, documents relating to the City's participation in the construction and purchase of ownership interest in the Bremerton Government Center. It is a significant objective of the City of Bremerton to perform certain downtown pedestrian and BTC ingress and egress capital improvements. The Parks Development Fund has received grant funding in 2003 to perform two Parks capital improvement projects resulting in the need for a budget adjustment. Each of these actions has an impact on the City of Bremerton's Fiscal Year 2003 City Budget resulting in the need to amend the Fiscal Year 2003 City Budget Document. Roy Runyon referred to SECTION 1, Item No. 8, of the proposed ordinance entitled "DOWNTOWN PEDESTRIAN / BTC ACCESS CAPITAL FUND (FUND 309)", and asked several questions related to funding for the proposed tunnel. Gene Sampley, Public Works & Utility Director, responded that $1.5 million is a direct appropriation; the $4.7 million has been appropriated for a tunnel. He explained that a study for this project was initiated in May to study preferred alternatives, which has been forwarded for environmental analysis. He clarified that there is a process that must be followed, and just because the money is budgeted, does not mean that construction will begin. It will be what the public decides is the best alternative. TAPES #1903, #1904 & #1905 City Council Reg. Mtg. Minutes July 30, 2003 Page 5 of 5 Helen Miller wanted to be sure that the Council did not approve one action that would commit the City for the tunnel without knowing it or meaning to. Mr. Younger had specifically asked if the public decided they did not support a tunnel, could the appropriated funds be used for another alternative. Mr. Lubovich stated that in his opinion, because the money has been specifically appropriated for use of a tunnel, the City would have to make a request to use the money for another use. Ms. Miller referred to SECTION 1, Item No. 13 of the proposed ordinance entitled "GENERAL FUND" and asked if the budget included funds to hire an additional firefighter. Mr. Wilson responded yes. Mr. Runyon expressed concern that at a time where there should be hiring freezes and pay cuts, SECTION 1, Item No. 12 of the proposed ordinance entitled "PUBLIC WORKS AUTHORIZED STAFFING" includes a budget amendment for the hiring of two additional Managing Engineers, and questioned how much will the change from Salary Band 15 to Salary Band 16 cost the citizens. Sherril Huff- Meneee clarified that Council already took action on the Pay & Classification Study, but that these positions were inadvertently left out when the previous action was taken. Mr. McConnell and Mr, Shepherd asked additional questions on the budgeted amounts for the proposed tunnel. Mr. Lubovich clarified that this ordinance was setting the budget, but no action on the tunnel would take place until or unless the Council takes specific action on it. #0228 M/SIC (Shepherd/Olsen) Move to approve the proposed ordinance on first reading. Voted in Favor of the Motion: Maupin, Short, OIsen, McConnell, Nygren, Rollman, and Arends Voted Against the Motion: Shepherd, Younger Motion carried 7-Yes; and 2-No With no further business, the regular meeting of the City Council was adjourned at 9:09 P.M Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP J/Is/cge DATE SUBMITTED: August 6, 2003 BILL # 03 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Committee Meeting Date: August 12, 2003 CONTRACT CHANGE ORDER- COUNCIL MEETING Associated Underwater Services Inc.- Date: August 20, 2003 Bonding of Steel Piles to Complete the Department: Parks & Recreation Cathodic Protection of Steel Piles Presenter: Jim Spencer, Director Phone: 473-7252 SUMMARY: This Change Order is necessary to install pile-to-pile bonding of the steel piles at the Boardwalk. The additional cost to bond 131-steel piles to each other is $ 41,257.13 including tax. On July 28, 2003, after cathodic protection had been in operation for a week, the Boardwalk's original pile-to-pile bonding system could be tested, as a part of the cathodic protection system testing protocol. During this testing, it was determined that the pile-to-pile bonding system is non-existent. ATTACl~MENTS: Associated Underwater Services, Inc. Lump Sum Cost Proposal, dated August 5, 2003. FISCAL IMPACTS (Include Budgeted Amount): The installation will allow proper operation &the in-progress Cathodic Protection system and pile wrap installation, and increase grounding safety to City personnel and the general public. The additional lump sum cost of this Change Order is within the executed contract between the State of Washington Department of Community, Trade and Economic Development (CTED) and the City of Bremerton. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ,~ ~,~~ FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: That the City Council approve this Change Order to Associated Underwater Services, Inc., in the amount of $41,257.13 and authorize the Mayor to finalize and execute the Change Order in substantially the same form as attached. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 7 ASSOCIATED UNDERWATER SERVlCES~ August 5, 2003 Dan Miller Pmjecl Manager City of B~emcrton 30'7 Olympus Drive Tlremerton, WA 98310 The following J:s 0. quole 1or the inslallalion of pile bondm[2 cables on lhe City of Bremet~on Boardwalk. This price mdudc:, laht~, equipment, and lturd party materials Io install bonding cables to col'meet 131 pilt's ;ts outlined itl thc scope of w{~rk letter and drawings. l.abor mid equipment $28380.00 Tired part)' materials $0 645 00 LUMP SUM PRICE $38,02~,.00 (plus lax) ,~ ~..,, ~.~/ Il'you have any questlans pkCa~c contact mc at (509) 98 Best Regards Kirk Neumann Dive ,qupervisor 3901 E. I-I:RRY o ~POKANF, WA 992()2' (509) 533 6500 ' FaX (509) 533 6505 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 01 PROJECT NAME: CATHODIC PROTECTION & PILE WRAP PROJECT NO: 5933 CONTRACTOR: Associated Underwater Services, Inc. ORIGINAL CONTRACT AMOUNT: $218,381.21 DAYS: 0 PREVIOUSLY APPROVED $0.00 DAYS: 0 CHANGES: THIS CHANGE: $41,257.13 DAYS: 25 REVISED CONTRACT AMOUNT: $259,638.34 DAYS: 0 This Change Order covers changes to the subiect contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o ,- CONTRACT CONTRACT TIME ~",- ,-~" AMOUNT AMOUNT EXTENSION _e _e ($) ($) (DAYS:) Provide labor, equipment, and materials to install pile-to-pile bonding cables to 131-steel piles as outlined in the scope of work and at the Lump Sum Price including W.S.S.T. $41,257.13 25 NET CHANGE IN CONTRACT AMOUNT $259,638.34 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 CONTRACT CHANGE ORDER NO: 01 PROJECT NAME: CATHODIC PROTECTION & PILE WRAP 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. ;PARKS & RECREATION RECOMMENDED: ~.~IRECTOR O~F / D~te RECOMMENDED: ---"--'-' 'P'R O~C-~.I~ANAG E R Date ACCEPTED: "~-~ ~--~--r~//~-~.~...~,~-~ ~'-- ~- c3 CONTRACTOR Date .APPROVED: MAYOR Date APPROVED AS TO FORM: ATTEST: Bremerton City Attomey City Clerk Page 2 of 2 10 DATE SUBMITTED: July 23, 2003 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Acceptance of Loan Committee Meeting Date: 8/12/2003 Agreements No. PW-03-691-004, and 01- COUNCIL MEETiNG Date: 8/20/2003 65101-003. Department.~ PW~,& U, Engineering Presen e~rt~L/i'fiomas Knuckey Phone: 473-2376 SUMMARY: The City has been awarded a Public Works Trust Fund Loan in the amount of $475,000 for Design and Constuction of CSO Reduction Improvements for sewer sub-basin 12 in Anderson Cove. The City also received a Drinking Water State Revolving Fund Loan in the amount of $1,055,700 for Design and Construction of improvements to increase flow of drinking water to East Bremerton. These agreements are under the same terms and conditions as prior agreements. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): Funds would not be available for these two projects. APPROVALS: ~ DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: , {~, ~ MAYOR: ~'7.,. FISCAL/BUDGET: ? ....' -~" ./ x CONSENT AGENDA [~ OPERATIONS: ~'~'>~ ' ,d ,~-~(( t ,~/¥~ ~,' COUNCIL PRES OENT: RECOMMENDED MOTION: I move to approve Drinking Water State Revolving Fund Loan No. 01-65101-003, and Public Works Trust Fund Loan No. PW-03-691-004, and authorize the Mayor to finalize and execute the loan agreements. ab, Agenda Bills 2003, PWTF and DWSRF loans, 8-03 COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action DATE SUBMITTED: July 16, 2003 BILl. AGENDA BILL CITY OF BREMERTON CITY COLrNC1L SUBJECT: Amendment No. 2 to the Interlocal Committee Meeting Date: August 5, 2003 Agreement Between the City of Bremerton and COUNCIL MEETING Date: August 13, 2003 Kitsap County for the SR 304 Transportation Department: PW&U, Engineering Improvement Project. Presenter: ~- C. Mecha~ Phone: 473.5288 SUMMARY: An Interlocal Agreement was entered into on June 16, 1997, between the City and Kitsap County regarding the design and right-of-way acquisition for the SR 304 Transportation Improvement Project (TIP). The City anticipates beginning construction of the Missouri Gate Phase of the SR 304 TIP this year. Charleston Beach Boulevard will be relocated and rebuilt as part of this phase. Kitsap County has an existing 8 inch sanitary sewer main in Charleston Beach Road which is approximately 60 years old and in poor condition. The County requests replacement of this sanitary main, at their expense. It is necessary to amend the Interlocal Agreement to clarify the responsibilities with reconstruction of the main and payment thereof. ATTACHMENTS: A) City Agreement No. 3829; B) Amendment Number I to the Interlocal Agreement; c) Amendment No. 2 to the Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None, Kitsap County will reimburse the City for costs associated with the work done by the City. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~'"- FINANCE DIRECTOR: · MAYOR: FISCAL/BUDGET: ,.~ ..:/_~ CONSENT AGE~A CO.CIE PRESIDENT: ~COMMENDED MOTION: I move to authorize and direct the Mayor to execute the attached ~endment Number 2 to the Interlocal Agreement with Kitsap County for the SR 304 Transportation Improvement Project. COUNCIL ACTION: [] Approve [] Deny [] 'Fable [] Continue [] No Action ab, Agenda Bills 2003. Amendment No 2 lnterlocal Ag*cement ~ith K~lsap ('o for the SR 304 TIP AMENDMENT NUMBER 2 INTERLOCAL AGREEMENT County Agreement No. KC105-97 City Agreement No. 3829 THIS AMENDMENT NUMBER 2 to the Interlocal Agreement between the City of Bremerton, (hereinafter referred to as "CITY") and Kitsap County (Hereinafter referred to as "COUNTY"), made and entered into this __ day of ,2003. WHEREAS, the CITY and COUNTY entered into an lnterlocal Agreement pursuant to Chapter 39.34 RCW (Interlocal Cooperation Ac0 on June t6, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Gorst as described in the Final Environmental Impact Statement entitled, "SR3/304 Bremerton Ferry Terminal to the Vicinity of Gorst Highway Improvement Project" (hereinafter referred to as "PROJECT"); and WHEREAS, the CITY is planning the construction or improvement of a section of SR 304, and in connection therewith, the COUNTY has requested that the CITY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the CITY to include the necessary items of work in the CITY's construction contract proposed for the improvement of this section of SR 304, and WHEREAS, the COUNTY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of Chapter 39.34 RCW (Interlocal Cooperation Act) and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The CITY, as agent acting for and on behalf of the COUNTY, agrees to perform the following "Description of Work": Page City oJ Bremerton and Kitsap Count)' Amendment Number 2 to lnterlocal /lgreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP i$ Plans, specifications and cost estimates shall be prepared by the CITY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted. The CITY will incorporate the plans and specifications into the CITY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract. The COUNTY hereby approves the plans and specifications for the described work as shown on Exhibit "B", attached hereto and by this reference made a part of this AGREEMENT. The COUNTY may, if it desires, furnish an inspector on the project. Any costs for such inspection will be borne solely by the COUNTY. All contact between said inspector and the CITY's contractor shall be through the CITY's representative. The COUNTY agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance to the CITY which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT. If a letter of acceptance is not received by the CITY within 90 days following completion of the work, the work will be considered accepted by the COUNTY and shall release the CITY from all future claims and demands of any nature resulting from the performance of the work under this AGREEMENT. The COUNTY may withhold this acceptance of work by submitting written notification to the CITY within the 90-day period. This notification shall include the reasons for withholding the acceptance. II PAYMENT The COUNTY, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the An itemized estimate of cost for work to be performed by the CITY at the COUNTY's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT. Page 2 of 7 City of Bremerton and Kitsap County ~tmendment Number 2 to interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst l/icinity TIP Partial payments shall be made by the COUNTY, upon request of the CITY, to cover costs incurred. These payments are not to be more frequent than one (l) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The COUNTY agrees to make payment for the work to be done by the CITY within thirty (30) days from receipt of billing from the CITY. The COUNTY agrees that if payment for the work is not made within ninety (90) days after receipt of billing the CITY shall assess a penalty of 10% on all amounts outstanding until payment for the work is received by the CITY. The COUNTY agrees to pay the CITY an "Advance Payment Amount" of $20,000 within 20 days after the CITY submits its first partial payment request to the COUNTY. The advance payment represents approximately fifteen (15) percent of the estimate of cost and covers costs incurred by the CITY in the initial stages of the project. The advance payment will be carded throughout the life of the project with final adjustment made in the final payment III DELETION OF WORK In the event the estimate of cost, EXHIBIT "A", is in excess of $10,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of costs by more than 15 percent, the COUNTY shall have the option of directing the CITY to delete all or a portion of the work covered by this AGREEMENT from the CITY's contract. Except, that this provision shall be null and void if the COUNTY's portion of the work exceeds 20 pement of the actual total contract bid price, or if the COUNTY is responsible for the costs under State law or the Washington Administrative Code WAC 468-18-040(5)(d). The COUNTY shall have five (5) working days from the date of written notification to inform the CITY to delete the work. Should the COUNTY exercise its option to delete the work, the COUNTY agrees, upon billing by the CITY, to reimburse the CITY for preliminary engineering costs incurred by the CITY to include the work covered by this AGREEMENT in the CITY's contract. Page ~ of 7 City of BremerWn and Kitsap County Amendment Number 2 to lnterlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP IV EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified by a supplement AGREEMENT covering said increase. In the event it is determined that any change from the description of work contained in the AGREEMENT is required, approval must be secured from the COUNTY prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the COUNTY. V RIGHT OF ENTRY The COUNTY hereby grants and conveys to the CITY the right of entry upon all land which the COUNTY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. Upon completion of the work outlined herein, all future operation and maintenance of the COUNTY's facilities shall be at the sole cost of the COUNTY and without expense to the CITY. VI VENUE In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Kitsap County, Washington. Page 4 of 7 City, of Bremerton and Kitsap Count); Amendment Number 2 to [nterloca[ Agreement SR3/SR304 Bremerton Fer(y Terminal m Gorst Vicinity TIP VII LEGAL RELATIONS No liability shall attach to the CITY or the COUNTY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NUMBER 2 as of the day and year first above written. CITY OF BREMERTON: Cary Bozeman, Mayor Date ATTEST: Kathleen McCluskey, City Clerk Date APPROVED AS TO FORM: Roger Lubovich, City Attorney Date DEPARTMENTAL APPROVAL: Mike Wilso~c'l~/i~ance Director Date W. Eugene Samp~p'I'g~, Director of Public Works & Utilities Date Page 5 of' 7 City of Bremerton and Kitsap County Amendment Number 2 to lnterlocal Agreement SR3/SR304 Bremerton Fer~v Terminal to Gorst Dcini~y TIP t7 BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON Jan Angel, Chair Date Chris Endresen, Commissioner Date Patty Lent, Commissioner Date ATTEST: Opal Robertson, Clerk of the Board Date Page 6 oJ 7 Ci~ of Bremerton and Kitsap County Amendment Number 2 to Interlocal Agreement SR3/SR304 Bremerton Fer(v Terminal to Gorst Dcini(3; TIP EXHIBIT B SCOPE OF WORK Work to be included into the Missouri Gate Phase of the SR3/SR304 T.I.P., is the replacement of an existing 8 inch sanitary main located in Charleston Beach Road. The replacement would consist of placing approximately 510 feet of new 8 inch sanitary main, 5 manholes, repairing/replacing the lateral connections and abandoning the existing 8 inch main. This work is shown in greater detail on Sheets 25 and 26 of the Plan Set for the project (Pages SS1 and SS2). Specifications are in accordance with the 2002 Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction, and as amended in the Special Provisions Section of the Contract Documents. Page 7 q! 7 CiO, of Bremerton and Kitsap County Amendment Number 2 to InterIocal Agreement SR3/SR304 Bremerton Fern. Terminal to Gorst ViciniO, TIP tq AMENDMENT NUMBER 1 TO THE INTERLOCAL AGREEMENT Between The City Of Bremerton and Kitsap County County Agreement No. KC105-97 City Agreement No. 3829 Regarding the Design, Right-of-Way Acquisition and Construction of the SR304 portion of the SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity Transportation Improvement Project. THIS AMENDMENT NUMBER I to the interlocal Agreement between the City of Bremerton an~d Kitsa@ County dated June 16, 1997, is made and entered into this /?'~ day of .'~..,)z~_.4~ , 2001, by and between the City of Bremerton (hereinafter referred t~) as 'CITY"), and Kitsap County (hereinafter referred to as "COUNTY"). WHEREAS, the CITY and COUNTY entered into an Interlocal Agreement pursuant to Chapter 39.34 RCW (Intedocal Cooperation Act) on June 16, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Gorst as described in the Final Environmental impact Statement entitled, "SR3/304 Bremerton Ferry Terminal to the Vicinity of Gorst Highway Improvement Project' (hereinafter referred to as "PROJECT"); and WHEREAS, the COUNTY has committed to provide $500,000 as their share for preparation of the Environmental Impact Statement, design, right-of-way acquisition and construction of the PROJECT; and WHEREAS, the COUNTY has expended $156,000 to date for their share of the costs to develop the Environmental Impact Statement for the PROJECT; and WHEREAS, the expenditure of COUNTY funds on specific grants has not occurred as anticipated in the Interlocal Agreement due to the state and federal funding agency's desire to expend their funds first; and WHEREAS, the project design, right-of-way and construction activities on SR304 will soon occur on properties and right-of-way within the jurisdiction of the COUNTY; city of Bremerton and Kitsap County Page 1 of 4 Amendment Number 1 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP NOW THEREFORE, the parties through their respective legislative bodies in consideration for the mutual covenants contained herein do agree to modify the Interlocal Agreement as follows: Delete Item Number 2. "Responsibilities of the Parties" in its entirety and replace with the following: 2. RESPONSIBILITIES OF THE PARTIES (a) The COUNTY shall contribute $500,000 towards the Environmental Impact Statement, design, right-of-way acquisition and construction of the PROJECT.' As of the date of this Amendment the COUNTY has expended $156,000 of their share of the costs for the PROJECT. (b) The COUNTY authorizes the CITY to designate expenditure of COUNTY funds to match funds received from other agencies or for direct costs associated with completion of the PROJECT. (c) The COUNTY authorizes the CITY to be the lead agency for the design, right-of-way acquisition, structure demolition and construction of the PROJECT within the COUNTY jurisdiction. (d) The COUNTY will consider any requests by the CITY to vacate portions of excess county right-of-way in the PROJECT area to the adjoining property owners. (e) The COUNTY will assist and support the CITY and State on issues of condemnation. (f) The COUNTY will assist and support the CITY and State in identifying and issuing any County permits necessary to construct the PROJECT. (g) The CITY as Project Manager shall be responsible for making disbursements to City staff and to consultants hired to complete the PROJECT and for monitoring the PROJECT budget. (h) The CITY will invoice the COUNTY for its prorata share of the City Staff and consultant costs as costs occur on a monthly basis, unless a mutually agreeable alternative arrangement is made in writing. No other changes to the Interlocal Agreement are made by this Amendment. City of Bremerton and Kitsap County Page 2 of 4 Amendment Number 1 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TiP This Amendment Number 1 is approved and entered into by the undersigned local government units the day and year first written above. CITY OF BREMERTON L ,'NN"S. HORTON, Mayor A-I-FEST: KATIL~EN Mc~ City Clerk APPROVED AS TO FORM: DAVID ST. PIERRE, Assistant City Attomey DEPARTMENTAL APPROVAL: D ' W. E irector of Public Works and Utilities City of Bremerton and Kitsap County Page 3 of 4 Amendment Number 1 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TiP BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON HRIS ENDRESEN, Chair JAN ~/~EL, Com~is-si ~ NOT TIM BOTKIN, Commissioner A'I-I'EST: HOLLY ~IDERSON, Clerk of the Board ab. Interiocal Agreements, Amend No 1, SR3 SR304 City of Bremerton and Kitsap County Page 4 of 4 Amendment Number 1 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP INTERLOCAL AGREEMENT t- BeP, veen the City. of Bremerton and Kitsap Count3.' Regarding the Design and Right-of-Way Acquisition for the SR304 portion of the SR3/SR304 Brem'erton Ferry Terminal to Gorst Vicinity Transportation Improvement Project. THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the provisions of Chapter 39.34 RCW, this ]~4ok day of.~..~.B_~, 1997, by and between the City of Bremerton (hereinafter referred to as "CITY"), and Kitsap County (hereinafter referred to as "COUNTY"). WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a mm'~nar Ft:rsum".t to fe-rms of go:,em~m-.ent~-! organization that will accord be~t with geographic. economic, population and other factors influencing the needs and development of local communities, and WHEREAS, both parties share responsibility to promote the development of public transportation in K[tsap County, and WIIEREAS, both parties desire to facilitate the development of improved access between thc Brcmerton Ferry Terminal and Gorst as described in the Final Environmental Impact Statement entitled "SR3/SR304 Brcmerton Ferry Terminal to the Vicinity of Gorst Highway improvement Project" (hereinafter referred to as "PROJECT"), and WHEREAS, both parties participate in an agency partnership which also includes Kitsap County, Washington State Department of Transportation. Washington Transportation ImproVement Board. Puget Sound Naval Shipyard, and the Federal Highway Administration that provides oversight and funding for the PROJECT, and WHEREAS, the CITY received grant funding for design of tho transportation improvements and right-of-way acquisition on the SR304 portion of the PROJECT on which COUNTY participated as a funding partner and provided matching funds, and WHEREAS, both parties desire to obligate funds associated with the successful grants: "" NOW THEREFORE, the parties through their respective legislative bodies in consideration of the mutual covenants contained herein, do agree as follows: 1. PURPOSE The purpose of this Agreement is to allocate COUNTY funds for the design of the transportation improvements and right-of-way acquisition on PROJECT to the CITY. The funds are the COUNTY match for grant funds received for the PROJECT. 2. RESPONSIBILI x lES OF THE PA_RTIES (a) COU~mlTY shall contribute 5187,500.00 towards the design of the PROJECT as COUNTY match for the STP competitive grant (FY93-94). (b) COUNTY shall contribute $23,000.00 toward the right-of-way acquisition of the PROJECT as COUNTY match for countywide ISTEA grant (FY95). (c) COUt'NTY shall contribute 580,000.00 towards the right-of-way acquisition on the PROJECT as COUNTY match for the STP competitive grant (FY97). (d) The CITY as Project Manager shall be responsible for making disbursements to City staff and consultants hired to complete the PROJECT and for monitoring the PROJECT budget. (e) The CITY will invoice COU2qTY for its prorata share of the city staff and consultant costs as costs occur on a monthly basis unless a mutually agreeable alternative arrangement is made in writing. 3. ADMINISTRATION This Agreement shall be administered by the CITY. The Project Manager for this PROJECT shall be thc City Engineer. 4. TERM This Agreement shall take effect upon execution of the agreement by both CITY and COUNTY and shall continue until the SR304 portion of the PROJECT is completed or all funds referred to in this agreement are expended, whichever occurs first. 5. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral. that have not been [ully set forth in thc text of this Agreement. 6. AMENDMENTS The parties hereby f'unher agree that this Agreement cannot be amended or modified without the written concurrence of both parties. 7. NOTICES Any notices required to be given by the CITY to COUNTY or by COUNTY to the CITY shall be in writing and delivered to the parties at the following addresses: City of Bremerton Kitsap County City Clerk Department of Public Works 239 Fourth St. 614 Division St. MS26 Bremerton, WA 98337 Port Orchard, WA 98366-4686 8. DISPOSITION tar PROPERTY No personal property is expected to be acquired as part of this agreement. However. any personal property acquired using the funds identified in the Agreement shall become the property of CITY or COUNTY as mutually agreed upon at time of acquisition. 9. APPLICABLE LAW a. VENUE This A~reement shall be constructed and interpreted in accordance with the laws of the State of Washington. b. DISPUTES In the event that a dispute arises under this Agreement, it shall be resolved in the following manner: CITY and COUNTY shall each individually appoint one member to a Dispute Board and jointly appoint a third member. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. Each party shall pay costs of it's appointee and share costs of the joint appointee. 1 0. ORDER OF PRECEDENCE In thc event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state statues and regulations; b. This Agreement, including any other express provisions of this Agreement whether incorporated by reference or otherwise; and c. The terms and conditions of the Grant funds being distributed. 11. INDEMNIFICATION '"' Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents ~d/or authorized subcontractor(s) while performing this contract. 12. VALIDITY If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudged. City & Kitsap County Interlocal Agreement on Funding SR304 Improvemen~ -3- This Agreement a~,proved and entered into by the undersi~,ed local government units the day and year first above written. CITY OF BREMERTeSN L¥:SCN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk S TO FORM: lAN R. 'SIEVERS, City Attorney D EPA:6~AP?ROVAL W. EUGENE SA~ L~_~EY irector Public Works/Utilities BOARD OF COMMISSIONERS /-.~". / . :< / PHIL BEST, Chairman .D~%pTTE ,.JAv. xdDO, .~..mm~os~on,., ./../ // .--9 /-~ .'X' ,~:--" ~ ... 'CHRIS ENDRESEN, Commissioner ATTEST: CSLE~ T~E 97133 bk City & K L~ap Coun y Intcrlocat Agreement on Funding SR304 Improvement~ -1. DATE SUBMITTED: BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ SUB~lECT: Appointments to Community Committee Meeting Date: 8-19-03 Development Block Grant Citizen Advisory COUNCIL MEET1NG Date: 8-20-03 Committee - Capital and Planning Department: Executive Presenter: Sherril Huff Menees Phone: 478-5268 SUMMARY: Policies have been changed by the Council to create a separate Citizen Advisory Committee for the Capital and Planning applications for CDBG funding. The Committee will be comprised of 1 Couneilmember appointed by Council President, 1 Planning Commissioner, appointed by Commission President, I Member from the City at large, 1 Member from the West Bremerton area, and 1 member from the East Bremerton area. The Mayor recommends appointment of Joyce Davison as City member at large; Kyle Cruver as West Bremerton Ciitzen member; and Mike Eversole as East Bremerton citizen member of the Capital and Planning Advisory Committee. ATTACHMENTS: .The CDBG Citizen Advisory Committee Roster; Applications of Joyce Davison, Kyle Cruver and Mike Eversole FISCAL IMPACTS (Include Budgeted Amount): none APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move approval of the appointment of Joyce Davison as Citizen at Large on the Capital and Planning CDBG Citizen Advisory Committee. Move approval of Kyle Cruver as West Bremerton area representative on the Capital and Planning CDBG Citizen Advisory Committee. Move approval of Mike Eversole as East Bremerton area representative on the Capital and Planning CDBG Citizen Advisory Committee. I~fIIT~TI~II, A~'TII~IN? f--] Annrr~vp [~ UIpnv [~ Tahl~ [~ C~nntim~ [--I Nt~ Aatlnn APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. ~ou will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE~n,/~ a./o NAME: .~oyee r. _n?~,~_son HOME PHONE~60-479-9509 HOME ADDRESS: lC~ln m=~ ~,,~r~,,: Rr~r.l-,~n;Lt~;~l~'~J STATE WA ZIPCODE OCCUPATION: Ret ~ red EMPLOYER: N. ~. WORK PHONF~?9 950? E-MAIL: io~ce[dav~comcast.n~X: none BUSINESS ADDRESS: ~. ~. LOCAL REFERENCES (name & phone number): J~an T)inq¢t~ld 360-47R-5] 16 _~':~zl, ne Bel, d 360-47a-72q7 I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee Planning Commission {18 yrs. & older) ( ) Civil Service Commission (18 yrs. & older) Parks & Recreation Commission ( ) Urban Forest Committee Ethics Commission ( ) Public Access Citizens Advisory Committee Parking Advisory Board ~ Community DeveloPment Block Grant Solid Waste Management Advisory Committee Bremerton Housing Authority ( ) Youth Council Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee Mayor's Select Committee on Law ( ) Citizen's Commission on Council Salaries Enforcement ¢ ( ) Other Is this an application for reappointment? n~ If yes, how many years have you served on this commission/committee? Please turn page WHY ARE YOU APPLYING FOR THIS APOINTMENT? T~ ~a~ =,~Qqm~d T applt b~aune of my past experience in school facilities development and my interest in the future of Bremerton WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: City T nee Growing and thriving. I want it to continue in the forward motion that has been so long lacking HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING· EDUCATION): I served 2(') years on Bremerton School Beard and was very acti¥~ ~n T,~l~'~v~ T,~hhy'~n~ ~nd wan n~ve member in planning ~he WHAT ARE q~J'~I~/IUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? Community/Stale political structure & operations. Hember of Bremerton Central Lions, am News Letter Editor, Board member and many committees of Lions.. Real Estate Development,Volunteer in other a~tlv~t~es community-wide. We welcome your willingness to serve Bremer~on. Please return this completed form to: Mayor's Office (360) 478-5266 239 4'" Street (360) 478-5883 FAX Bremer~on, WA 98337 E-mail: mayor@ci.bremerton.wa.us APPLICATION FOR CITY BOA OMMI ONS/COMMITTEE DATE: 8-17-03 NAME: Kyte Cruver HOME PHONE: 792-2377 HOMEADDRE~: 1127HighianclAve, Bremetlon ~I'ATE:WA ZIPCODE: 9~337 OCCUPATION: Graphic Designer/Re~tauranl Own~ EMPLOYER: Self WORK PHONE: 782-0711 EMAIL: kyteOcmvera~Ign.(:om FAX: 782-0672 BU~NE~ ADDflFr, S~: 1223 McKenzie Avenue, Bremerton, WA 96337 EDUCATION: BA Communications, University of Wliahlng~on, 19~5 LOCAL REFERENCES: Bill HoVe, 782.4O4O Matthew Keogh, 377-3936 Steve RIoe, 479-1806 INTERESTED IN 8ERVlNQ ON: Community Develogment Block Gr,,nt Aclvl~nj Committee WHY ARE YOU APPLYIN~ FOR ~ APPOINTMENT? I will offer an urbsmsavYy 'oul-of-towne~ perapeclive, with an eye towa~ small Ix~ness development, having spent 20 years in the 8eiltle url~n co~e and working within It's bueltle~ climate. I am Inter- e~ted in i~ng livabillty and vitality of ~ neighborhoods and deeignated u~oan ~enters. WHICH OF YOUR PlER~ONAL AND/OR PROFF~IONAL INTEREII'~ PIK)MPTED YOU TO AP- PLY FOR THIS ~ Bacle3ro~'tcI aa a c~,tc leader on Vaehofl lelan4 for ~e past 4 yearn. AS an area rtattve ol sorts, i ~~ love to see B4~merton rouml the beflcl end realize tt's potential. HAVE YOU eERVED ON ANY OTHER I~ENERTON BOARD, COt, fllil~tON, COINIITTEE OR TA~K FORCE? IF YE% P~ ~ Ye(,. Current Comp Plan's Economic Development Citize~ Adviaory Commit~e WHAT ARE YOUR COMMUNITY INl'~qESl'g (COM~ ~ ~ r. ES, ORGANIZATtON6, M)F..CIAL ACTIVk TIKe)? Iflm~med in deve/opmem of .~'ung fund~ for ml~, eepec/mlly public art, ~nd emeb#ahment of Oommunlty ~ of Bmm~non Chamber of Comm~c~ M~mb~ of Bmm~o~ Fk~a~y .~or~o~ of A~mlr~ The~re'l Clinic Film ~ri~ for L~04 imcl Ooll~c~ve V~on~ (~lll~y rnu~0ilno Aug~lS-03 ll ;3lA I~lyor's Office P.02 APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for · City ~oard, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any a~tion ia taken on your appointment. (Please type or print dearly) DATE:.~~ NAME: ~, .~4~_/~ ~0~' EV~Ie~/..4=~* HOME PHONE:~,~? Z./~, HOME ADDRESS:..~.O( RJ=~-~ /.~J~l~N~z'r' LN, ~V~'* STATE ~Lt~!L ZIP CODE~___ LOCAL REFERENCES (name & phone number): 9 , I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Aation Committee Planning Commission (18 yrs, & older) ( ) Civil Service Commission (18 yrs. & older) Parks & Recreation Commission ( ) Urban Forest Committee Ethics Commission { ) Public AcceSS Citizens Advisory Committee Parking Advisory Board j~ Community Development Block Grant Solid Waste Management Advisory Committee Bremerton Housing Authoflty ( ) Youth Council Board of Appeals. HousinglBuikflng Codes ( ) Safe Streel~ Steering Committee Mayor's Select Committee on Law I ) Citizen's Commission on Councli Salaries Enforcement ( } Other Is this an application for roappolntmerrt? No If yes. how many years have you served on this'commission/committee? please turn page --~ Au§-18-03 11:31A M~yor~$ Office P.03 WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THiS APPOINTMENT: HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTE~; OR TASK FORCE? I~YE~. PLEASE LI~T: WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS. SPECIAL . We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4* Stre~t (360) 478-5883 FAX Bramerton, WA 98337 E-mail: mayor~ci.bremerton.wa.us L Sherril Huff-Menees - CDBG CITIZEN ADVISORY COMMITTEE.doc Page 1 i CDBG CITIZEN ADVISORY COMMITTEE PUBLIC SERVICE APPLICATIONS I Member from the City at large Term will be 1/1/03-12/31/05-H. Emily Moshay 2 Members from the West Bremerton Area I Term will be 1 / 1/03-12/31/06-Tina Davis 1 Term will be 1/l/03-12/31/07-Faye Flemister 2 Members from the East Bremerton Area 1 Term will be l/1/03-12/31/06-Roy M¢Innis 1 Term will be l/1/03-12/31/07-Ronald Smith From then on 3 year staggered terms CAPITAL AND PLANNING APPLICATIONS 1 Coun¢ilmember (appointed by the Council President)-Will Maupin 1 Planning Commissioner (appointed by Commission President)-Angela Wood 1 Member from the City at large Term will be 1/1/03-12/31/05-' Joyce Davison 1 Member from the West Bremerton Area Term will be 1/1/03-12/31/06-Kyle Cruver 1 Member from the East Bremerton Area Term will be 1/1/03-12/3 l/0'7-Mike Eversole From then on 3 year staggered terms DATE SUBMITTED: BILL # __ AGENDA BILL CITY OF BREMERTON ~ CITY COUNCIL SUBJECT: Appointments to Community Committee Meeting Date: 8-19-03 Development Block Grant Citizen Advisory COUNCIL MEETING Date: 8-20-03 Committee - Public Services Department: Executive Presenter: Sherril Huff Manees Phone: 478-5268 SUMMARY: Policies have been changed by the Council to expand the Citizen Advisory Committee for Public Services allocation recommendations. The committee will now be made up of 5 citizen members representing specific areas of the city as well as an at large member. Public Services Committee Membership: The Mayor recommends the appointment of H.Emily Moshay to the at-large position for the term ending 12/31/05; and Faye Flemister to a West Bremerton position for the term ending 12/31/07. The other three citizen positions for Public Services are filled by previously appointed members whose terms will end in 2006 and 2007. ATTACHMENTS: .The CDBG Citizen Advisory Committee Roster Applications for H. Emily Moshay and Faye Flemister FISCAL IMPACTS (Include Budgeted Amount): none APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move approval of appointment of H Emily Moshay as Citizen Member at large for The Public Services CDBG Advisory Committee. Move approval of appointment ofFaye Flemister as West Bremerton Area Member for Public Services CDBG Advisory Committee. C'~IITN~'I1. AflTI~}N? [--I Annrnv~ [~1 Deny J---I T~hle ~ (~nntin.~ I~ No* A~ti~n i Sherril Huff-Menees - CDBG CITIZEN ADVISORY COMMITTEE.doc Page 1 j CDBG CITIZEN ADVISORY COMMITTEE PUBLIC SERVICE APPLICATIONS 1 Member from the City at large Term will be 1/1/03-12/31/05-H. Emily Moshay 2 Members from the West Bremerton Area 1 Term will be 1/1/03-12/31/06-Tina Davis 1 Term will be 1/1/03-12/31/07-Faye Flemister 2 Members from the East Bremerton Area 1 Term will be l/1/03-12/31/06-Roy Mclnnis 1 Term will be 1/1/03-12/31/07-Ronald Smith From then on 3 year staggered terms CAPITAL AND PLANNING APPLICATIONS 1 Councilmember (appointed by the Council President)-Will Maupin 1 Planning Commissioner (appointed by Commission President)-Angela Wood 1 Member fi.om the City at large Term will be 1/1/03-12/31/05-' Joyce Davison I Member from the West Bremerton Area Term will be 1/1/03-12/31/06-gyle Cruver 1 Member from the East Bremerton Area Term will be 1/1/03-12/31/'07-Mike Eversole From then on 3 year staggered terms APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: ~?- ?~- ~.~_~ // .AME: HOME PHO.E; HOME ADDRESS: ./~,~ ~-F~ /F~u~ STATE ~vU/~ ZlPCODE~? EMPLOYER:~;~ r~ ~ r'~L~-- ~L~r r WORK PHONE _~O~'~ ~>~-/C~/ E-MAIL: FAX: ~.~ o'~ ~[¢?~ BUSINESS ADDRESS: ~-~.~ ~:)~./~/.,4J.~/? -~?/'~' r~/~,~, v/.//~ ~c~.~ EDUCATIO 'N;..~_ ~;/,,v~-~ ~:~_~.~, .,. ~ ? LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee Planning Commission (18 yrs. & older) ( ) Civil Service Commission (18 yrs. & older) Parks & Recreation Commission ( ) Urban Forest Committee Ethics Commission ( ) Public Access Citizens Advisory Committee Parking Advisory Board ( ) Community DeveloPment Block Grant Solid Waste Management Advisory Committee Bremerton Housing Authority ( ) Youth Council Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee Mayor's Select Committee on Law ( ) Citizen's Commission on Council Salaries Enforcement ( ) Other Is this an application for reappointment? If yes, how many years have you served on 'this commission/committee? Please turn page WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: - ~. , w ~- .~/~ / HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): . ~ - ~ A ~ ' . ' , i -/ ~ . p. ~ WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? - · . -I ' ' ' '. . - ~ '-", '' .... ~ ' 1_ ' , ~ walcom~ your wllhngn~ss to serva ~r~me~on. Plaase return this completed form to: ~ayor's Office 1360) 4T8-S266 ~3S ~ Strait (360) 478-S883 FAX Brema~on, WA S8337 E-mail: mayor~ci.bmm~on.wa.us Alqq./CATION FOR ~rrY ~c#Mli~rrrEE NOTE: Al In ell~la, nt HOME ADDRESS: ~9c~9 WHY AI~ Y(XJ AI~n.'YII0 FON THII AF(Wi'TMEN'T? WHICH OF YOUR FItRSONA~ ANDIOR PROPP~B~IIAL iNTERL~TS PROMPTED YOU TO APPLY ton 456 .~ a~s/'~o vwt~ ,~ a~ ~t~/~. , ~a~ofir/ ~VE Y~ ~ ~ ~ OW ~ ~. ~ION, ~ ~ T~ ,, ~ ............ Pr. EASE L~T YOUR (M, JALIqCATION8 fOR THI~ APPOINTM~ (INCMJD~ SKILLS, A~, 11MdNMO, IDMCATION)~-- ,. , -, /. -, , .. .~ , ., , . ~ k~,d.,~ &L./c4,.() ~ ,-t?£t,~/A(~ ,/~ ~kg/~(~ WHAT ARE YOUR COMMUNITY IliTERE~8 (COMIIMTTHS. O~(~ANIZATIONI, IPLICiAL ~ r ~ ~ ' / DATE SUBMITTED: ~.~ BILL # ~.-~'' AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARiNG ON Committee Meeting Date: July 22, 2003 ORDiNANCE SETTING THE MAYOR'S COUNCIL MEETING Date: Ju}y~30 and Aug. J<3, COMPENSATION THROUGH A 2003 SEPARATE ORDINANCE Department: City Attorney's Office Se_c. md g~t~' \3 ....... :- Phone: 473-2345 'ff ) Grq~;g'~£q4¢~ g4 8¥7~ Presenter: RogerA. Lubovich SUMMARY: Section 2 of Ordinance No. 4357 established the Mayor's compensation through the budget. The proposed ordinance repeals section 2 of Ordinance No. 4357 and establishes the Mayor's salary and benefits by ordinance outside of the annual budget process. The ordinance does not change the current salary. ATTACHMENTS: Proposed Ordinance ~ : ~ FISCAL IMPACTS (Include Budgeted Amount): None, the Mayor's current salary is the same as established in the proposed ordinance. APPROVALS: fl. '//4 DEPARTMENT DIRECTOR: CITY ATTORNEY: FiNANCE DIRECTOR: MAYOR: ~---~/ ~/~ ~. FISCAL/BUDGET: .~'<'<-~~'"~'~, '/'-'"',,',;- _./~._.~-/~.r' ,~' ---' CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. ' I'move-to approv~hopropor~l-ordinaneeon4'h~St-r~adin§:- 2., move to pass Ordinance No. 9g6 on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Section 2 of Ordinance No. 4357, which established the Mayor's compensation through the budget and further setting the Mayor's compensation by separate ordinance and codifying the same as a new chapter of the Bremerton Municipal Code. WHEREAS, pursuant to the City Charter, the Mayor's salary is set by ordinance; and WHEREAS, Section 2 of Ordinance No. 4357 provides that the Mayor's salary is established by the budget; and WHEREAS, the current salary for the Mayor for fiscal year 2003 was established pursuant to Budget Ordinance No. 4839 establishing the 2003 fiscal year budget; and WHEREAS, the City Council desires to repeal Section 2 of Ordinance No. 4357 and set the Mayor's compensation by separate ordinance and codifying the same as a new chapter of the Bremerton Mtmicipal Code rather than setting the compensation through the budget; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Section 2 of Ordinance No. 4357 establishing the Mayor's salary through the budget is hereby repealed. All compensation paid to the Mayor pursuant to and consistent with Section 2 of Ordinance No 4357 is hereby ratified. SECTION2. There is hereby created a new chapter, Chapter 2.03 of the Bremerton Municipal Code, entitled "Mayor" to read as follows: CHAPTER 2.03 MAYOR 2.03.010. Compensation. Beginning January 1, 2003, the Mayor of the City shall receive a base salary of Eighty Two Thousand Seven Hundred Ninety Six dollars ($82,796) per year plus benefits and annual cost of living increases, if any, as provided to the management and professional employees of the City pursuant to Chapter 2.50 BMC. Mayor's Salary SECTIONS. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION& E££ectiveDate. While this ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law, the Mayor shall begin receiving the salary set forth in this ordinance effective January 1, 2003. APPROVED by the City Council the day of ., 2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2003 EFFECTIVE the day of ., 2003 ORDINANCE NO. R:\LEGAL\Ordinances\ExecutiveWIayor's Salaryl.doc 2 30 Mayor's Salary DATE SUBMITTED: July 9, 2003 BILL # ~L .!~ - i,5~ AGENDA BILL CITY OF BREMERTON ~ ~ CITY COUNCIL SUBJECT: PUBLIC HEARiNG ON Committee Meeting Date: July ~, 2003 ORDINANCE AMENDING TITLE 10 OF COUNCIL MEET1NG Date: ~- ~'-/3 THE BMC RELATING TO RESTRICTED Department: City Attorney's Office PARKING ZONES Presenter: Simon Stocker Phone: 473-2345 SUMMARY: The City currently allows residents to petition for parking restrictions to be imposed in their neighborhoods. The proposed ordinance will expand the options available to residents to deal with external factors that impact parking availability in neighborhoods. Specifically, it allows four parking options on their street: 1) no restriction, 2) one hour parking, 3) two hour parking, or 4) residential parking only. Also, this ordinance allows for a three year parking permit renewal program to reduce administrative costs and offer more convenience to residents. It is also being proposed that certain parking penalties be increased to encourage parking code compliance in neighborhoods. ATTACHMENTS: Proposed Ordinance A)O, &[ ~ (_2_5~ FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: , RECOMMENDED MOTION: 1 ~_me;,e ~.v ......... ~v,--v.- ,h,,...v preposed ordin~n¢~ an firskreadin~. 2. I move to pass Ordinance No. ~ g'~-5 on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 3t ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bmmerton, Washington, repealing Chapters 10.08 and 10.09 of the Bmmerton Municipal Code; repealing and replacing Chapter 10.10 of the Bmmerton Municipal Code; amending Chapter 10.11 of the Bmmerton Municipal Code all relating parking and enforcement within the City of Bremenon; and further amending Rate Table B of Chapter 3.01 to update the rates relating to parking within the City of Bmmenon. WHEREAS, the current provisions of Chapters 10.08, 10.09 10.10, and 10.l 1 of the Bremerton Municipal Code relating to parking and enforcement within the City of Bremerton are insufficiently flexible to deal with the various parking problems that affect the various areas throughout the City; and WHEREAS, the City Council finds that them are areas of the City of Bremerton that suffer a disproportionate impact from commuter parking that is not adequately addressed by the Current provisions of Chapters 10.08, l 0.09 10.10, and 10.11 of the Bremerton Municipal Code relating to parking and enforcement; and WHEREAS, the City Council finds that there are areas of the City which can be immediately identified as having such severe parking problems that allowing for parking by permit only should be immediately allowed (see Historically Impacted Areas on Appendix Figure 060); and WHEREAS, the City Council desires to repeal and replace and amend the provisions relating to parking in the City of Bremerton and enforcement in order to provide the residents of the City with more control over the methods used to deal with parking problems afflicting their neighborhoods; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Chapter 10.08 of the Bremerton Municipal Code entitled "Parking Zones" is hereby repealed in its entirety. SECTION2. Chapter 10.09 of the Bremerton Municipal Code entitled "Residential Parking Permits" is hereby repealed in its entirety. SECTION3. Chapter 10.10 of the Bremerton Municipal Code entitled "Handicapped Parking" is hereby repealed in its entirety and a new Chapter 10.10 entitled "Restricted Parking Zones" is hereby created to read as follows: Restricted Parking Zones Chapter 10.10 RESTRICTED PARKING ZONES I0.10.010 PURPOSE. This Chapter is intended to mitigate the impact of commuter parking in impacted areas, to preserve the character of residential districts, to improve handicapped access and reduce traffic. Residential parking permits are established as an exemption to posted restrictions in restricted parking zones where neighborhoods have been impacted by commuter parking and are meant to ease parking congestion. 10.10.020 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: (a) "Block" means the area comprised of properties along each side of a street between two intersections. [See Appendix Figure 020] (b) "Commuter vehicle" means a motor vehicle parked in a residential area by a person not a resident thereof. (c) "Department" means Department of Public Works and Utilities, or designee. (d) "Director" means Director of Public Works and Utilities, or designee. (e) "Downtown no re-park zone" means a vicinity where the following restrictions apply: 1) On-street parking is restricted to either one (1) or two (2) hours, and 2) vehicles may not be moved from one parking space to another parking space within the zone in order to extend parking time beyond the maximum for the zone. (f) "Historically Impacted Areas" are those areas within the City that have been identified by the City Council as having traditionally suffered severe parking shortages due to commuter parking. (g) "One (1) hour parking zone" means a prescribed residential area where on-street parking is limited to one (1) hour, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (h) "Parking Generator" means anything that significantly increases commuter parking demand. Examples include, but are not limited to: Ferry terminal, schools, hospitals, business districts, and the Puget Sound Naval Shipyard. (i) "Passenger load only zone" means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them. (j) "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking. (k) "Resident" as used in this chapter refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. (1) "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area. (m) "Residential area" means a contiguous area containing public streets and highways or parts thereof primarily abutted by residential property or residential and non- business property. Restricted Parking Zones (n) "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (o) "Restricted parking permit" means a permit issued by the City that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the permit holder's Restricted parking permit area. (p) "Restricted parking permit area" or "Residential parking permit area" means an area designated as provided in this chapter wherein resident vehicles displaying a valid permit as described in this chapter shall be exempt from posted parking restrictions. (q) "Restricted Parking Zone" means an area of the City subject to one of the restrictions contained in this chapter. (r) "Two (2) hour parking zone" means a prescribed area where on-street parking is limited to two (2) hours, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (s) "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a restricted parking permit area. 10.10.030 RESTRICTED PARKING ZONES. The Director shall, in a manner consistent with this chapter, establish, locate and post various restricted parking zones within the City rights-of-way where required to regulate parking. 10.10.040 PA~NG ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Department of Administrative Services, which shall promulgate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate parking fee schedules and permit fees shall be set by thc City Council and are set forth in Chapter 3.01. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of parking permits authorized by this title. 10.10.050 RESTRICTED PARKING ZONE DESIGNATION - PROCESS. (a) Creation, deletion or boundary changes of restricted parking zones may be initiated either: (1) By a verified petition of the residents as provided for in BMC 10.10.060 or BMC 10.10.070; or (2) By the decision of the Director following a finding that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (3) By resolution of the City Council. (b) Right to Appeal. The right to appeal a creation, deletion or boundary change exists only when such creation, deletion or boundary change was completed under BMC 10.10.050 (a) (1) or under BMC 10.10.050 (a) (2) when thc change is to a Two (2) hour parking zone, One (1) hour parking zone or a Permit only zone. If such creation, deletion or boundary change is subject to appeal, the City Clerk shall post notice in the particular residential area 3 ~ Restricted Parking Zones advising the residents of the future location and boundaries of the residential parking area and of the right to appeal the designation within ten (10) days. A timely appeal to the Heatings Examiner, filed with the City Clerk, by a resident or business owner within the designated permit area will stay the action until the Hearings Examiner's review and decision in accordance with BMC Chapter 2.13. The Heating Examiner shall be authorized to deny the creation, deletion or boundary change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion or boundary change would have failed had proper procedures been followed or if he/she determines that the creation, deletion or boundary change is not in the best interest of the community. The change shall be enforceable following the expiration of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue. (c) Posting. (1) If the creation, deletion or boundary change is subject to appeal under BMC 10.10.050 (b), the creation, deletion or boundary change shall become effective at such time as notice is posted in the effected area of the location and boundaries of the restricted parking area, and either: (i) The ten (10) day appeal period has expired without an appeal being filed, or: (ii) At such time as a decision of the Heating Examiner is issued on an appeal filed under BMC 10.10.050 (b). (2) If the creation, deletion or boundary change is not subject to appeal under BMC 10.10.050(b), the creation, deletion or boundary change shall become effective upon posting notice in the particular residential area of the location and boundaries of the residential parking area. 10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON- HISTORICALLY IMPACTED AREAS Residents may seek to create, delete or change the boundary of a restricted parking area by petitioning in accordance with the process delineated in this section. The process and prerequisites for such modification depend on the type of restriction being sought (Two (2) Hour Zone, One (1) Hour Zone, or Resident Only Zone). Residents may not seek to create, delete or change the boundary of a restricted parking area for a period of one year following a successful petition. [The Historically Impacted Areas and Non-historically impacted Areas are shown on the map, See Appendix Figure 060.] (a) Two (2) Hour Zone If the residents of a block wish to have their area restricted to Two (2) Hour Parking, they must: (1) Submit a verified petition of at least two-thirds of the residents of the block indicating support for the change to a Two (2) Hour Zone; and (2) The Director must make a finding that: (i) There is an identifiable parking generator; (ii) It appears that 75% or more of the parking spaces located on the petitioning block are being used at peak parking hours; and (iii) The conditions described in (i) and (ii) exists on a least Three (3) contiguous blocks. Restricted Parking Zones (b) One (1) Hour Zone If the residents of a block wish to have their area restricted to One (1) hour parking, they must: (1) Submit a verified petition of at least two-thirds of the residents of the block indicating support for the change to a One (1) Hour Zone; and (2) Show evidence that the affected block has been restricted to Two (2) hour parking or Permit Only Parking for at least the last 12 months. (c) Permit Only Zone If the residents of a block wish to have their block restricted to Permit only parking, they must: (1) Submit a verified petition of at least Eighty percent (80%) of the residents of the block indicating support for the change to a Permit only zone; and (2) Show evidence that the affected block has been restricted to One (1) hour parking or Two (2) hour parking for at least 24 combined months, however the 12 months immediately preceding the submission of the petition must have been spent as a One (I) hour parking zone. (3) Show evidence that the affected block has been given one of the following zoning designations: SF-1, SF-2, SF-3, DR, MF, CBR, or MR. (4) Pay the City, in accordance with BMC 3.01, Rate Table B, for a parking capacity survey to be conducted to determine if the petition area is disproportionately impacted by non-resident parking. The Director is authorized to set the criteria for this determination. Such criteria must be based on the percentage of parking spaces occupied at peak parking hours and on the percentage of occupied spaces, at peak parking hours, that are occupied by non- residents. (i) If the results of the Survey conclude that the petition area is disproportionably impacted by non-resident parking, then the Director of Public Works shall designate the petition area a Permit Only Zone and the designation shall become effective following the appeal period and upon posting as provided for in BMC Section 10.10.050. (ii) If the results of the Survey conclude that the petition area is not disproportionably impacted by non-resident parking, then the petition shall fail and the residents shall not be entitled to submit a new petition for a period of One (1) year. 10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS The residents of a Historically Impacted Area may have their area restricted to either Two (2) hour parking, One (1) hour parking or Permit Only parking by submitting a verified petition of at least two-thirds of the residents of the block indicating support for the change to either Two (2) hour parking, One (1) Hour parking or to Permit Only parking respectively. No other steps are necessary. The change shall become effective following the appeal period and posting as required under BMC Section 10.10.050. Residents of the affected area may only petition for a change once every 12 months. [The Historically Impacted Areas and Non-historically impacted Areas are shown on the map, See Appendix Figure 060.] 10.10.080 ELIGIBILITY CRITERIA FOR PERMIT. Residential parking permits may be issued for motor vehicles not in excess of ten thousand pounds only upon application of the following persons: (a) A legal resident of the restricted parking permit area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control. 5 ~ Restricted Parking Zones (b) A person who owns or leases commercial property and actively engages in business activity within a restricted parking permit area. There shall be a limit of two (2) residential parking permits issued per dwelling unit / business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion. 10.10.090 PERMIT - ISSUANCE - DISPLAY. Parking permits shall state thereon the particular residential parking permit area, the license number of the motor vehicle for which it is issued and the expiration date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof. A residential parking permit shall not guarantee or reserve to the holder thereof an on- street parking space within the designated residential parking area. 10.10.100 PERMIT - RENEWAL - DURATION. Each resident parking permit issued shall be valid for the remainder of the calendar year of issuance plus two calendar years. Except resident parking permits issued in the year 2003, which shall expire on December 30, 2006. Permits may be renewed upon expiration. 10.10.110 PERMIT - VISITOR. Visitor parking permits are authorized for residents of a residential parking permit area for bona fide transient use. No dwelling unit or place of business located in a restricted parking permit area shall be issued more than one visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is prohibited: (a) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or (b) Parking more than one block from the permitted residence. 10.10.120 PERMIT - LANDLORD. Landlords can qualify for a Two (2) month visitor permit for building improvements if the residence is vacant. Upon request a One (1) month extension will be granted. Any extension beyond the automatic one month extension must be accompanied by a detailed timeline for completing the building improvement as well as any required permits from the Department of Community Development. 10.10.130 SERVICE VEHICLES. (a) Clearly marked service or delivery vehicles are exempt from the time zone requirements while providing service or making deliveries to dwellings within a restricted parking permit area. Service vehicles shall comply with time limits for parking in commercial zones. (b) Individuals working in a home service industry (Home health care, etc.) may apply for an occupational permit to park in a restricted parking permit area. The City may require proof of ongoing continuous work as a condition to maintain a valid permit. Restricted Parking Zones 10.10.140 DISABLED PARKING. (a) Indication of parking space for disabled person. RCW 46.61.$81 is hereby adopted by reference. (b) Physically disabled zones. On-street parking spaces reserved for physically disabled persons shall be for time periods posted. (c) Free parking by disabled person. Any person who meets the criteria for special parking privileges under RCW 46.16.38 l shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time in parking zones or areas with parking meters which are otherwise restricted as to the length of time parking is permitted, except as provided in RCW 46.90.103. This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited, which are reserved for special types of vehicles, or which are reserved for physically disabled persons. The person shall obtain and display a special card, decal, or license plate under RCW 46.16.381 to be eligible for the privileges under this section. (d) Special plate, card or decal issued by another jurisdiction. RCW 46.61.583 is hereby adopted by reference. SECTION4. Section 10.11.010 of the Bremerton Municipal Code entitled "Additional Violations" relating to parking enforcement is hereby amended to read as follows: 10.11.010 ADDITIONAL VIOLATIONS. In addition to those statutes adopted by reference in BMC 10.04.010 restricting stancrtng, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Parking in Time Limit and No Repark Zones. (1) Downtown Core - Where a time limit and no repark is established by official signs, no vehicle may be reparked on either side of the same street in order to extend the vehicle's parking time beyond the time limits established. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to another street with a different street name than the street the vehicle was originally parked upon. (2) Residential - Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four blocks of original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the panking zone. Vehicles issued permits under BMC Chapter 19.99 and 10.10 shall be exempt fi.om posted time limits according to the terms of the permit. (b) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit. (c) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to BMC Chapter 10.1010.09.950. (d) Counterfeit tokens, permits or script. It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for use in any fee collection device. 7 3 ~ Restricted Parking Zones (e) Tampering With Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device. (f) Unauthorized Handicapped Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a special license place, card or decal as provided for in RCW 46.16.381 (1) and (2). If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate, card, or decal required under this section or demonstrates that the person was entitled to the special license plate, card or decal. (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property without a current vehicle license registration tab displayed according to law. (h) Unlawful Parking in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle in a City owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (i) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. 0) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (k) Failure to Surrender Permit. The Director of Administrative Services is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director of Administrative Services, it shall be unlawful for any person to fail to surrender a parking permit as directed. (1) Storage of Vehicles within Right-of-Way. Parking in excess of seventy-two (72) consecutive hours, of non-motorized conveyances or motor vehicles in a public right-of-way shall be unlawful without a right-of-way use permit. During continued consecutive hours of parking, after the initial seventy4wo (72) hour period, relocation of the conveyance or motor vehicle within five hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location within the right-of-way. Motor vehicles or non-motorized conveyances exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight or twenty-two (22) feet in length, may not repark in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. (m) Parking fee - Non-payment. It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. (n) Parking fee - Time permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. (o) Unauthorized Use of Recreational Vehicle. It is unlawful for any person to use a recreational vehicle as defined in the Bremerton Zoning Code, for habitation on any street, alley or highway, or other public place that is not officially designated for that use. Violation of this section shall constitute a civil infraction. Habitation shall mean occupation of the vehicle for 4 hours or more between the hours of 7:00 p.m. and 7:00 a.m. Restricted Parking Zones SECTION 5. Rate Table B of Chapter 3.01 of the Bremerton Municipal Code entitled "Municipal Court - Rate Table B" is hereby amended to read as set forth in Exhibit A of this Ordinance. SECTION 6. Severabilit¥. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days fi.om and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ., 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey pLrBLISHED the day of ., 2003 EFFECTIVE the _day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances\Administration~Restricted Parking Zonesl .doc Restricted Parking Zones Appendix Figure 020 One Block MUNICIPAL COURT- RATE TABLE B All Rates Listed Are "Not To Exceed" Fees Municipal Court 2003 RATE HEARING EXAMINER APPEAL $65 PARKING FINES Overtime or Non-Payment in Collection Devices: 1 st Violation in 30 Days $-1~25 2® Violation in 30 Days $2~32 3~d Violation in 30 Days $56 Loading Zones $17 No Parking $22~5 Wrong Way $1745 Parked on Sidewalk $56 Fire Hydrant $2745 12" From Curb $10 Physically Disabled (Public and Private) $250 Counterfeiting or User of Counterfeit Permits, $500 Tokens or Script Unauthorized Use of Permits $150 All Other Infractions Not Specified Above $27 Replacement of parkinR permit $10 Blocked Driveway $45 Expired Tabs _$45 30 Foot to Stop Sign $45 Double Parked $45 No Stoppin,q/No Standing $45 Parkin,q Capacity Survey ~250 Table B - B12 EXHIBIT A DATE SUBMITTED: August 6, 2003 BILL # AGENDA BILL CITY OF BREMERTON ~ G CITY COUNCIL SUBJECT: Closed record hearing for Solid Committee Meeting Date: NA ~2..~ Seven Construction application for "Rainer COUNCIL MEETING Date: August ~, 2003 Vista" Preliminary Plat ~1~ 'i~,~',,t.l~ Department: DCD (~St~.ct~; '3"vokc~o~\5 Presenter:Phone: 473-5379R°bert Grumbach SUMMARY: Hearing Examiner recommendation on a preliminary plat (file No. PL03-0017) to divide two lots into four lots. The recommendation includes six (6) conditions to be imposed for final plat approval. ATTACHMENTS: (1) Procedure for Closed Record Hearing. (2) Hearing Examiner Recommendation. (3) StaffReport. (4) Plat Map. (5) Vicinity Map. (6) Comprehensive Plan Map. (7) SEPA. (8) Conditional Water and Sewer Availability Letter. (9) Short Plat PL01-00t4 Recorded Improvement Agreement. (10) Comments fi.om property owners in the area. (11) Proposed resolution on Hearing Examiner's recommendation. FISCAL IMPACTS (Include Budgeted Amount): None anticipated. DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~--'-~ ~~ FISCAL/BUDGET: ~/a CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass ~solution approving and adopting the Findings, Conclusions and Recommendation of the Administrative Hearing Examiner and approve the preliminary plat for "Rainer Vista" subject to the proposed conditions. COUNCIL ACTION: [] Approve [] Den,,' [] Table [] Continue [] No PROCEDURE FOR CLOSED RECORD HEARING ON HEARING EXAMINER'S RECOMMENDATION I. STAFF REPORT AND PRESENTATION 1. Aider the Appearance of Fairness inquiry, Council President asks staff to present Hearing Examiner Recommendation. 2. Pursuant to Council policies, no public comment permitted. 3. Council may ask questions of staff and applicant (discussion limited to the record). II. COUNCIL CONSIDERATION The Council may approve and adopt the hearing examiner's recommendation unless one of the following conditions exists: 1. Proceedings were materially affected by irregularities in procedure. 2. Recommendation is outside the authority of the hearing examiner. 3. Recommendation is based on an erroneous interpretation of law. 4. Recommendation is not supported by substantial evidence. 5. Recommendation is based on clearly erroneous application of law to facts. III. DECISION The Council may take any of the following actions: 1. Approve and adopt the hearing examiner's findings and recommendation. 2. Modify and approve the findings and recommendation. 3. Reject and deny the hearing examiner's findings and recommendation on the proposal as originally submitted based upon councilfindings. 4. Continue the closed record hearing and remand to the hearing examiner for clarification on issues of record (no public testimony). R:~LEG AL~epar tment s-General\City Council\City Council Procedure re hearing exam recom.doc RESOI UXXONNO. C: A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the preliminary plat (file No. PL03-00! 7) for "Rainer Vista." WHEREAS, the City has received a Preliminary Plat application for "Rainer Vista" from Solid Seven Construction; and WHEREAS, On July 8, 2003 the City Administrative Hearing Examiner held a Open Public Hearing on the application pursuant to BMC 21.02.855; and WHEREAS, the City's Administrative Hearings Examiner has submitted recommended findings to the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approve and adopts the findings, conclusions and recommendation of the Administrative Hearings Examiner attached as Exhibit "A" and approves the preliminary plat for "Rainer Vista" (file No. PL03-0017) subject to the proposed conditions contained in Exhibit "A." SECTION 2. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bramerton, Washington this day of ,20 CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R;~L EG A D,Resolut ions~Resolution form.doc 1 ~ ~ Document Reference BEFORE THE HEARINGS EXAMINER FOR THE CITY OF BREMERTON 8REMER1'OI~I BglLDING DEPARTMENT In the Matter of the Application of NO. PL03-001 ? Rainer Vista Bill Bakker FINDINGS, CONCLUSIONS For Approval of a Preliminary Plat. AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearings Examiner recommends to the Bremerton City Council that the request for approval of a Preliminary Plat to subdivide .96 acres of land into four single-family residential lots be GRANTED, with conditions. SUMMARY OF RECORD Request Bill Bakker of Solid Seven Construction (Applicant) requests approval of a Preliminary Plat to subdivide two lots totaling .96 acres into four single-family residential lots? The subject property is located on the south side of East 31 st Street, 100-feet west of Pawnee Drive in Bremerton, Washington. The parcels are recorded as Tax Account Numbers 12401-2-181-2006 and 112401-2-151-2007. Hearing Date The Hearings Examiner for the City of Bremerton held an open record hearing on the matter on July 8, 2003. During the course of the hearing, the Applicant testified that the subject property contained a marsh-like area. He stated that he did not know whether the marsh-like area was a wetland because he had not had the subject property inspected for that purpose. Because the existence of a wetland can trigger additional environmental review, the Hearings Examiner left the record open so that the Applicant could have the subject property evaluated. A wetland evaluation and report was submitted to the Hearing Examiner on July 18. Testimony The following individuals presented testimony under oath at the open record hearing: I. Mr. Robert Grumbach, City of Bremerton Planner 2. Bill Bakker, Applicant Exhibits The following exhibits were admitted into the record at the open record hearing: Exhibit h Staff Report dated July 8, 2003 Appendix A: Application received April 10, 2003 l The City approved a shoal plat subdivision for the subject property on October 18,2001, which created the existing two lots. Exhibi! 1, AppendLx D. q? Appendix B: SEPA Determination of Nonsignificance and Environmental Checklist issued June 12, 2003 Appendix C: Zoning Map Appendix D: Prior Plat Approval dated October 18, 2001 Appendix E: Certificate of Water Availability dated July 1, 2003 Appendix F: Engineering Review dated October 2, 2001 Appendix G: Improvements Agreement dated April 28, 2002 Appendix H: Affidavits of Notice Appendix I: Department Comments Appendix J: Public Comments (2 letters) Exhibit 2: Wetland Evaluation and Report by Wiltermood Associated, Inc. dated July 17, 2003 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings, Conclusions and Recommendation: FINDINGS 1. The Applicant requested approval of a Preliminary Plat to subdivide two lots totaling .96 acres into four single-family residential lots. The subject property is located on the south side of East 31st Street, 100-feet west of Pawnee Drive in Bremerton, Washington. The parcels are recorded as Tax Account Numbers 12401-2-181-2006 and 112401-2-151-200T Exhibit 1, Staff Report, page 1; Appendix A, Application. 2. The City of Bremerton Comprehensive Plan designation of the site is Low Density Residential. Comprehensive Plan goals and policies applicable to the proposal include the following: · Encouraging development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Urban Growth No. 1. · Accommodate new development with care so that Bremerton will continue to be a well-balanced "most livable city." Supporting Polio; No. 3. · Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Housing Goal No. 4. · Provide a variety of housing types and densities to meet changing needs of Bremerton residents. New Housing Development Goal D(2). · Stimulate the production of new housing for all income, age, family type and ethnic groups. Supporting Policy No. 3. 3. The subject property is zoned Residential Low Density (SF-3), which is consistent with the Comprehensive Plan designation of the site. Exhibil I, Staff Report, page l. The SF- Findings, Conclusions & RecommendatioJ7 Heari~Tgs Examiner for the CiO; of Bremerto~* Rainier Vista, No. PL03*O0! 7 3 zone accommodates single-unit homes in urban subdivisions at a maximum density of eight units per acre. The zone offers smaller minimum lot sizes to enhance affordability and encourage higher densities through creative site planning. The zone requires a minimum lot size of 5,000 square feet and a minimum lot width of 40 feet. The SR-3 zone allows a base density of 3-8 units per acre and a maximum height of 30 feet. BMC 21.02.120, Figure 120. 4. The proposed subdivision will contain four lots ranging in area from 7,987 square feet to 12,825 square feet. Lot widths will range from 80 feet to 100 feet. Exhibit ], Append& A, Application. The Applicant proposes to construct three middle income units on Lots 2, 3 and 4 and preserve an existing residence on Lot 1. Exhibit 1, Appendix B, Environmental Checklist; Exhibit 1, Appendix A, Site Plan. 5. The Applicant reported that the subject property contains deciduous and evergreen trees, shrubs, and grass. He reported that he would remove some existing vegetation for driveway and new home construction. The Applicant submitted that he would take erosion control measures prior to clearing and construction and that he would landscape disturbed areas to mitigate potential erosion. Exhibit 1, Appendix B, Environmental Checklist. 6. The subject property is currently served with electricity, natural gas, refuse service, telephone, water and sanitary sewer. Exhibit 1, Appendix B, Environmental Checklist. Appendix E, Certificate of Water Availability. The Applicant created a five-foot sewer easement across Lots 2 and 3 to provide service to Lots 3 and 4. Exhibit 1, Appendix A, Site Plan. 7. As a condition of the 2001 short plat approval (PL01-0014), the Applicant and City entered into an Improvements Agreement for on April 28, 2002. The agreement addressed frontage improvements to East 3 l~t Street including street lighting, curbs, gutters, sidewalks and storm water conveyance piping. The agreement gave the City authority to form a local improvement district to construct the improvements or, in the event that the City chooses otherwise, the agreement gave the City authority to delegate the construction work to the Applicant. If the Applicant failed to construct the improvements within six months, the agreement gave the City authority to construct the improvements and allocate the cost to the Applicant. Exhibit 1, Appendix G. 8. The Applicant testified at the July 14, 2003 hearing that the subject property contained a marsh-type area, however he did not know whether it satisfied the City's criteria for a wetland. The Hearing Examiner requested the Applicant to obtain information about the marsh-type area and left the record open until July 18, 2003 so that the Applicant could respond. The Applicant obtained the services of Wiltermood Associates, lnc. to conduct a site view and determine whether the subject property contained a wetland. Wiltermood Associates, Inc. tested three areas on the subject property and concluded in a letter dated July 17, 2003 (Exhibit 2), "there were no wetlands identified on the parcel." The City did not challenge this determination. Exhibit 2, Wetland Evaluation and Report, page 3. Finding& Conclusions & Recommendatiot~ Hearings Examil~er for the CiO' q['Bremertot? Rainier Fis~a, No. PL03-OO] 7 9. The City of Bremerton Department of Community Development submitted the proposal to city agencies for review and comment. The Brelnerton Fire Department returned comments that addressed access, turn-around requirements, hydrant availability, and street numbers. The City Transportation Department received notice of the application, however did not comment on the proposal. Exhibit 1, Appendix' I, Staff'Comments. 10. Two citizens submitted comment letters to the City in response to the request for comments issued by the City. The letters expressed concerns relating to view obstruction, traffic impact and drainage control. Exhibi! 1, Appendix J, Citizen Comments. 11. The City of Bremerton was designated lead agency for review of environmental impacts caused by the proposal. The City considered the comments of citizens prior to issuance of its threshold determination. The City Responsible Official determined that the proposal would not have probable significant enviromnental impacts and issued a Determination ofNonsignificance (DNS) on June 12, 2003. Ex'hibit 1, Appendix B, SEPA DNS. 12. Notice of the open record hearing was posted on site on June 23, 2003, mailed to adjoining property owners on June 19, 2003 and published in The Sun on June 24, 2003 in accordance with City of Bremerton notice requirements (BMC 21.02.895). Exhibit l, Appendix fY. CONCLUSIONS Jurisdiction Pursuant to Sections 2.13.070, 2.13.080 and 21.02.855 of the Bremerton Municipal Code (BMC), the Hearings Examiner of the City of Bremerton has jurisdiction to hold open record pre-decision heatings on Preliminary Plat applications and recommend action to the City Council. The recommendation may be to approve, approve with conditions, or deny the application. BMC2.13.110. Criteria for Review To recommend approval of a Preliminary Plat, the Hearing Examiner must find that the application satisfies the criteria for a Preliminary Plat; is consistent with the Comprehensive Plan; and conforms to all applicable City development regulations, minimum standards, and design guidelines. BMC 21.02.885. The criteria for approval of a Preliminary Plat are found in Chapter 58.17 of the Revised Code of Washington. Pursuant to RCW 58.17.110(2), a Preliminary Plat application may not be approved unless: (a) appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and Findings, Conclusions & Recommendation Hearings £xaminer for the CiO' qf Bremer~on Rainier Vista, No. PL03-O017 Page 4 of 6 (b) the public use and interest will be served by the platting of'such subdivision and dedication. Conclusion Based on Findings 1. The proposal is consistent with the Comprehensive Plan. The proposal will provide affordable housing for the City of Bremerton. Lot sizes will range in size, which will accommodate various home sizes. The proposal will incorporate and preserve an existing residence. Urban services are available to the subject property. Findings of Facts Nog. 1, ?,3,4,6,7. 2. The proposal is consistent with identified zoning standards. The proposed subdivision will create four lots ranging from 7,987 square feet to 12,825 square feet in area. Lot widths will vary from 80 to 100 feet. The completed project will yield four residential units on approximately one acre. View obstruction will be minimized by a City housing height restriction of 30 feet.2 Findings of Facts Nos. 3, 4. 3. With conditions, appropriate provision will be made for the public health, safety and general welfare and for all other relevant facts. The proposal will create four lots for residential development. The Applicant will construct each lot and associated single- family unit in accordance with City of Bremerton zoning requirements including setbacks, lots size, and density standards. Conditions of approval will mitigate traffic impact by requiring frontage improvements. The City Fire Department has set forth safety requirements, which the Applicant will satisfy with conditions of approval. The City conducted environmental review of the proposal and determined that it would not result in significant adverse environmental impacts. Water, sewer, garbage service, natural gas, electricity and telephone are available to each of the four lots. The Applicant will preserve existing vegetation where possible and will take measures prior to clearing and construction that will mitigate erosion. Conditions of approval are necessary to ensure adequate fire flow, future frontage improvements and protection from erosion during clearing and construct/on. Findings of Facts Nos. 1, 4, 5, 6, 7, 8, 10. 4. The public use and interest will be served by the creation of four single4amily residential lots complying with City of Bremerton zoning standards. The proposed plat will provide increased housing opportunities for residents of Bremerton in a manner consistent with the criteria for approval of preliminary plats. Findings of Fac! Nos. 1-8, 10. 2 The Hearing Examiner notes that there is no right to a view across other properties in Washington State unless provided by covenant between property owners. See Pierce ~ Sewer & Water District, 69 Wn. App. 76 (1993). Findings, Co~clllsions & Recommendatio~* Hearing6 Exami~er for the CiO' cf Bremerton Rainier Vista, No PL03-OO] 7 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearings Examiner recommends approval of a Preliminary Plat to subdivide two lots totaling .96 acres into four single-family residential lots, as depicted on the Preliminary Plat Map (Exhibit l, Appendix A), subject to the following conditions. 1. The subdivision shall comply with ail conditions specified in the conditional water and sewer availability letter from the City of Bremerton Public Works and Utilities Department. 2. The Applicant shall comply with all City Fire Department recommendations (Exhibit 1, Appendix I). The Applicant will provide fire flow and hydrant if not available. 3. The applicant shall provide a signed improvernent agreement for future frontage improvements for this approval, as required by the City of Bremerton Municipal Utilities. 4. The applicant will obtain addresses from Public Works, which will be indicated on the final plat. 5. The Applicant shall install erosion control prior to clearing and construction. The Applicant shall install permanent stonnwater drainage and take erosion control measures that will prevent increased mnoff to existing homes located below the proposed subdivision, along Pawnee Drive. 6. A final plat meeting applicable development standards and conditions shall be submitted to the City for approval within five years of the date of preliminary plat approval. Decided this/_f_..~ day of July 2003. Theodore Paul Hunter Hearings Examiner for the City of Bremerton Findings, Conc]usions& Reconlmendation Hearingx Examiner for the CiO~ Rf Bremerton Rainier ~xta, No. PLO3 0017 Page 6 of 6 5~ CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT I STAFF REPORT, CONCLUSIONS AND FINDINGS [ Hearing Examiner Public gearing July 08, 2003 Requested Action: Amend short plat No. PL01-0014 to divide 2 lots into 4 lots. (See Appendix A for application.) GENERAL INFORMATION 1. Land Use Action: Preliminary Approval of a Subdivision 2. File Number: PL03-0017 3. Applicant: Solid Seven Construction 4. Location: Tax Number 112401-2-15t-2006 and 112401-2-151-2007 (two lots south side o£E. 31st Street, 100 feet west of Pawnee Drive 5. Assessor Account Number: 112401-2-151-2006 and 112401-2-151-2007 PROJECT SUMMARY 1. Current Zone Classification: Kesidential Low-density (SF-3) 2. Comprehensive Plan Designation: Low Density Residential 3. Shoreline Environmental Designation: None 4. Critical Areas Designations: None identified STATE ENVIRONMENTAL POLICY ACT SEPA Threshold Determination: Determination of Nonsignificance (See Appendix B for SEPA Checklist and DNS) SITE DESCRIPTION 1. Leeal Description: Lots A mad B, City of Bremerton Shore Plat No. PL 01-0014, recorded in volume 16, Page 247, under Auditor's file No. 200204260001, being a portion of Government Lot 1, Section 11, Township 24 North, Range 1 East, W.M., in Kitsap County, Washin~on. 2. Lot Size: Approximately 0.96 acres 3. Surrounding Land Uses: North Residential Single Family Residential Medium-density (MF) South Residential Low- Vacant land and Single Family Residential density (SF-3) East Residential Low- Single Family Residential density (SF-3) West Residential Low- Single Family Residential density (SF-3) 4. Topo~aph¥: The land is generally fiat with the steepest slopes approximately 7 percent on the site. The property is vegetated with grass, trees and shrubs. 5. Development: A house is located on Lot A. 6. Access: The ingress/egress are provided from E 31st Street. 7. Utilities: The site is served by public water and sanitary sewer services. COMPREFI~,NSIVE PLAN SEE APPENDIX C for map of Comprehensive Plan Designation. PLANNING GOALS: The Comprehensive Plan goals help define the vision for Bremerton's future. The following planning Goals are consistent with the rezone application. · Goal # 1 Urban Growth: "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner." Supporting Policy (3): Accommodate new development with care so that Bremerton will continue to be a well-balanced "most hvable city." · Goal # 4 Housing: "Encourage the availability of affordable housing to all economic segments of the popuIation of this state, promote a variety of residentiaI densities and housing types, and encourage preservation of existing housing stock. Goal D (2) New Housing Development: "Provide a variety of housing t52oes and densities to meet changing needs of Bremerton residents." 2 5¢ Supporting Policy (3): Stimulate the production of new housing for all income, age, family type and ethnic groups. L~UXrD USE ELEMENT: The property is located in the East Bremerton Plan (Element E, 7, (page 27)). There are no policies specified under this plan applicable to this development. CITY OF BREMERTON APPROVAL OF SUBDIVI[SIONS City of Brernerton does not have a subdivision ordinance. The reqmrements for approving a subdivision are set forth in RCW Chapter 58.17 (Plats-Subdivision- Dedications). Bremerton Municipal Code 21.02.855 establishes preliminary subdivision approval as a Type IV City Council Decision after an open-record hearing and recommendation by the Administrative Hearing Examiner. Bremerton Municipal Code 21.02.850 establishes final approval of a subdivision as a Type III Administrative Hearing Examiner Decision. ANALYSIS: 1. The two lots being divided were created by a short plat that was approved by the City of Bremerton Department of Community Development in October 2001 (File No. PL01-0014). Conditions of approval included future frontage improvement agreement. (See Appendix D for decision to approve Short Plat No. PL01-0014.) 2. Brc~merton Municipal Code Section 20.04.110 (Re-subdivision) states that "land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat." Applicant is requesting to re-subdivide a short plat within 5 years, which requires a subdivision process instead of a short subdivision process. 3. The subdivision is consistent with Comprehensive Plan Goals and Policies. 4. Minimum Lot Size in the Residential Low-density (SF-3) is 5,000 square feet. 5. Applicant is requesting approval to divide two (2) adjacmt parcels of land containing approximately into four (4) separate lots as follows: Lot 1 = 7,987 square feet Lot 2 = 8,808 square feet Lot 3 = 12,208 square feet Lot 4 = 12,825 square feet 6. Min/mum flag lot size in a SF-3 zone is 7,500 square feet (150% X 5,000) per BMC 21.02.200. 7. Bremerton Municipal Code Section 21.02.070 (definitions) defines a flag lot as "a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two parts. 1. The "flag" or main body of the "-- 'le" access way connecting the body of the lot to the lot; and 2. the parmanu or narrow street." Lot 3 and Lot 4 meet this definition. 8. Maximum density is 8 dwelling units / acre. The subdivision meets the density requirements. Four single-family dwelling unit lots require 21,780 square feet of area (5,445 square feet per dwelling unit) and the plat contains 41,814 square feet. 9. Development standards are as follows: Minimum Lot Width: 40 feet. Setbacks: Front Yard = 15 feet (20 feet for garage). Side Yard = 5 feet. Rear Yard = 15 feet. Maximum lot coverage is 40 percent. 10. The proposed minimum lot widths are: Lot 1:80 feet Lot 2:85 feet Lot3:85 feet Lot4:100 feet 11. Lots must provide a minimum street frontage of 20 feet. Each lot in the proposed subdivision has a minknum of 20 feet of street frontage. 12. The subject property is located within the City's utility service area. A letter of conditional Water and Sewer Availability is included in the file. (See Appendix E.) 13. A 5-foot sewer easement was granted across Lot B to provide service to Lot A under conditions of approval for short plat PL01-0014. (See Appendix F Technical review requiting easement.) 14. Applicant will need to submit for site plan review for building permits. 15. An improvement agreement was recorded under the conditions of approval for short plat PL01-00t4. (See Appendix G for recorded improvement agreement.) 16. A Determination of Nonsignificance was issued June 12, 2003. Notification was sent to individual property owners and published in the Sun newspaper. No comments were received or appeals filed regarding the decision. 17. Notices were sent to properties within a 300-foot radius of the subject property (See Appendix H). Notification was provided as follows: Determination of Completeness May 5, 2003 Notice of Application May 16, 2003 Corrected Notice of Application May 21, 2003 June 12, 2003 DNS published June 24, 2003 Notice of Hearing COMMENTS COMMENTS (SEE APPENDIX I): Building No comment Engineering Department · See engineering requirements for the original Short Plat PL01-0014 · Improvement agreement identified in PL01-0014 will apply to any additional tots F/re · Provide fire flow and hydrant if not available · Provide Fire Depmtment access with turnaround if over 150 feet in length · Provide all weather 20 foot wide road tract, 18 feet paved · Provide address numbers Cross Connection Control No concerns Traffic No concerns Department of Community, Trade None and Economic Development Puget Sound Water Quality Action None Team Suqnami~h Tribe None Department offish & Wildlife None Department of Transportation None Depaxht~ent of Natural Resources None Department of Transportation None Olympic Region Developer Services Depamnent of Ecology None Kitsap Transit None Bremerton - Kitsap County Health None District Kitsap County Department of None Community Development PUBLIC COMMlgNTS RECEIVED {SEE _3tPPENDIX Robert & Suzanne Hubert [ Concerned about developmen 3015 Pawnee Drive ] blocking their views Bremerton, WA 98310 Mr. & Mrs. Leo C. Maki Opposed to the subdivision 3011 Pawnee Drive because: Bremerton, WA 98310 1. impact of increased traffic 2. drainage/run off problems 3. Obstruction of view FINDINGS: The City of Bremerton Department of Community Development makes the following findings in support of a recommendation. 1. A re-division of land within five (5) years inside the boundaries of an approved short plat requires the filing of a plat. 2. The proposed preliminary plat complies with the applicable development standards hz a SF-3 (Residential Low-density) zone, the land use map and the Comprehensive Plan, designation LDR (Low Density Residential), and furthers the implementation of several goals and policies within said plan. 3. The site (Lot A) current contains a dwelling unit that will continue to meet applicable development standards. 4. The subject property is located in an area suitable for development, as addressed by the commenting agencies and city staff, and conditioned below. 5. The subdivision is adequately serviced by public utilities as referenced in the letter of conditional water and sewer availability. 6. The public health, safety and general welfare of the City of Bremerton have been served in that conu-nents f~om agencies and the public have been considered and addressed in relation to this application. 7. The Notice of Application was published on May 21, 2003 in the Sun newspaper, notification was sent to property owners within 300 feet and the property was posted on May 21, 2003. Public comments were received. 8. Notice of'Hearing was pubhshed on June 23, 2003 in the Sun newspaper, notification was sent to property owners within 300 feet and the properP), was posted on June 23, 2003. 9. A Determination of Nonsignificance was issued June 12, 2003. CONCLUSION If approved, the preliminary plat would comply with the City of Bremerton Comprehensive Plan and applicable Bremerton Municipal Code development regulations subject to the following conditions. 1. The subdivision shall comply with all conditions specified in the conditional water and sewer availability letter from the City of Bremerton Public Works and Utilities Deparnnent. 2. The applicant will provide fire flow and hydrant i£not available. 3. The applicant shall provide a sigrted improvement agreement for future frontage improvements as required by the City' of' Bremerton Municipal Utilities (See Appendix H for improvement agreement under PL01-0014). 4. The applicant will obtain addresses from Public Works, which will be indicated on the final plat. 5. A final plat meeting applicable development standards and conditions shall be submitted to the City for approval within five years of the date of' preliminary plat approval. SIGNATLrRE OF STAFF pREPARING REPORT: Robert J. Grumbach City of Bremerton Department of Community Development Current Planner 7 5'/ ~0 City of Bremerton Department of Community Development I DETERMINATION OF NONSIGNIFICANCE PROPOSAL: Amend short plat No. PL01-0014 to divide 2 lots into 4 lots FILE NUMBER: PL03-0017 LOCATION: Tax Number 112401-2-151-2006 and 112401-2-151-2007 (two lots south side of E. 31~ Street, 100 feet west of Pawnee Drive) PROPONENT: Solid Seven Construction inc. LEAD AGENCY: Department of Community Development The SEPA Responsible Official of the City of Bremerton hereby makes the following Findings and Conclusions based upon a review of the Environmental Checklist, comments received in response to the Notice of Application issued on May 21, 2003, other information on file with the City of Bremerton, and the policies, plans and regulations designated by the City of Bremerton as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) pursuant to RCW 43.21 C.060. CONCLUSIONS OF RESPONSIBLE OFFICIAL: The Responsible Official concludes that the proposal does not have a probable significant impact on the environment, and an Environmental Impact Statement is not required pursuant to RCW 43.21.C.030(2)(c). This decision is made after a review of the completed Environmental Checklist, other information in the file with the City of Bremerton, and existing regulations. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. RESPONSIBLE OFFICIAL: Christopher R, Hugo, Director Department of Community Development City of Bremerton 286 Fourth Street Bremerton, WA 98337 STAFF CONTACT: Robert Grumbach, (360) 473-5379 DATE OF ISSUE: June 12, 2003 DATE OF PUBLICATION: June 12, 2003 ~hri~(opher R. H~ugo, R~sponsible Official APPEALS: Pursuant to RCW 43.21 C.075 and City of Bremerton environmental regulations (BMC Chapter 21.12.210), decisions of the Responsible Official may be appealed. Appeals must be filed by a person with standing with the appropriate fees at the Department of Community Development located at the Bremerton Permit Center, 286 Fourth Street, Bremerton, 98337. Appeals must be filed by the date indicated above as "Appeal Deadline." If you appeal, you should be prepared to make specific factual objections. NOTE: The issuance of this DNS does not constitute project approval The applicant must comply with all other applicable requirements of the City of Bremerton and the State of Washington. KITSAP COUNTY OFFICE O1: PLANNING ENVIRONMENTAL CHECKLIST To the Apphcant: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires agencies to consider the environmental impacts of a proposal before making decisions. This environmental checklist asks you to describe some basic information about your proposal. Agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an Environmental Impact Statement (ELS). Please answer each question accurately and carefully, to the best of your knowledge, tn most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the qnesfions now may avoid unnecessary delays later. The checklist questions apply to all parrs of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help descn~be your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be sigrfrficant adverse impact. A. BACKGROUND 1. Name of proposed project, if applicable. Rainier Vista (Long Plat) 2. Name of applicant: Bill Bakker Solid Seven Construction PO Box 2788 Bremerton, Wa 98310 3. Address and phone number of applicant and contact person: Contact: Steve O£tumr (360) 692-6400 AES Consllltants Illc. PO Box 930 Silverdale, Wa 98383 4. Date checkligt prepared: April, 2003 5. Agency requesting checklist: City of Bremerton Department of Comm~Itity Developmem 6. Proposed timing or schedule (including phasing, ffapplicable): Construction on lots as soon as possible after approval. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? I/yes, explain No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None 9. Do you know whether applications are pending for governmem approvals or other proposals directly affecting the property covered by your proposal? If yes, explain. No 10. List any applications for permits or authorizations which have been, or will be, submitted to local, state or federal agencies for the project or project area. Approval of Long plat f~om the City of Bremerton 2 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site_ There are several questions later kn this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. CLead agencies may modify this form to include additional specific information on project description.) Plat 2 existing lots into 4 12. Location of the proposal. Give snfficient information for a person to understated the precise location of your proposed project, inchirting a street address, if any, and section, township, and range, if known. Ifa proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site pla~ vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted w/th any permit applications related to this checklkst. See Site Plan TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (appro~raate percent dope)? Approximately 7% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Loamy Sand d. Are there surface indications or history of unstable soils in the immediate vichaity? if so, describe. No e. Describe the purpose, type, and approximate quantifies of any filling or grading proposed. Indicate source offdl. Small cut/fill for new home construction f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. 3 Yes. Cleared areas could erode during heavy ra/ns g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings~? 23% h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Installing erosion control measures prior to clearing and construction. Furore landscaping of disturbed areas. 2. Air a. What types of emissions to the air would result from the proposal (i.e, dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction dust and exhaust and long term auto and chinmey exhaust. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally deszribe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: None 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into_ 2) Will the project require any work over, in, or adjacem to (within 200 feet) the descn'bed waters? If yes, please desmSbe and attach available plans. No 4 3) Estimate the amotmt of fill and dredge material that would be placed in or removed fi'om surface water or wetlands and indicate the ~rea of the site thru would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Cfive general description, purpose, and approximate quantities if known. No 5) Does the proposal he within a 100-year floodplain? If so note location on the site pla~ No 6) Does the proposal involve any discharge of waste materials to surface waters? If so, describe the type of waste and anticipated ¥olme of discharge. No b. Ground: 1) W211ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste mmerial that will be discharged into the ground water from septic tanks or other sources, if any (for example., domestic sewerage; industrial, containing the following chemicals...: agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (including quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Storm water runoffwill be handled per City standards 2) Could waste materials enter ground or surface waters? If so generally describe. No 5 d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None 4. Plants Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X~ evergreen tree: _fir, cedar, pine, other ~X shrubs X__ grass pasture __ crop or gram wet soil plants: cattail, buttercup, bulrush, s!omk cabbage, ~ water plants: water lily, eelgrass, milfoii, other __ other types of vegetation b. What kind and mount of vegetation will be removed or alter.ed? Typical amounts for driveway and new home construcnon. c. List threatened or endangered species known to be on or near the site. None. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, it' any: None. 5. Animals a. Underline any bkds and atfimals wbSch have been observed on or near the site or are known to be on or near the site: Birds: hawl~ heron, eagle, songbirds, other: Mammals: deer, be~r, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or enrtangered species known to be on or near the site. None c. [s the site part o£a migration route? If so, explain. No d. Proposed measures to preserve or enhance wildlife, if any: Future landscaping of disturbed areas 6 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil~ wood stove~ solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, e~c. Electricity. Mostly for heating and lights b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. %"nat kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. None 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of ftre or explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so descn'be. No 1) Describe emergency services that may be required. None 2) Proposed measures to reduce or control environmental health hazards, if any: None b. Noise 1) What types of noises exist in the area which may affect your project (for example: traffic, equipment, operation, other)? none 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: tr~c, construction, operation, other)? Indicate what hours noise would come fi-om the site. Sho~ term construction noise and long term traffic noise. 3) Proposed measures to reduce or control noise impacts, if any: None. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Residential 7 b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. Small existing residence d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? SF3 f. What is the current comprehensive plan designation of the site? Urban g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If se, specify. No i. Approximately how many people would reside or work in the contemplated project? 3 new families j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. None 9. Rousing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-lncome liousing 3 middle income units b. Approximately how many units, if any, would be elLrdnated? Indicate whether high, middle, or tow-income housing. None c. Proposed measures to reduce or control housing impacts, if any: None 8 10. Aesthetics a What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? 30' with wood and brick b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: None 11. Light and Glare a. What types of light or glare will the proposal produce? What time of da~v would it mainly occur? Residential landscape lighting and vehicle head lights b. Could light or glare fi-om the finished project be a safety hazard or interfere with views? No c. What existing off-site light sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: None 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity?. None b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreational opportunities to be provided by the project applicant, if any: None. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No 9 b. Generally describe any landmarks or evidence of historic, archaeolo~cal, scientific, or cultural importance know~ to be on or next to the site. None c. Proposed measures to reduce or control impacts, if any: None. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on the site plans, ifany, See site plan b. Is the site currently served by public transit? If no, what is the approximate distance to the nearest transit stop? Not -known c. How many parking spaces would the completed project have? How many would the project eliminate? 8+/- d. Will the proposal require any new roads or sweets, or improvements to existing roads or streets, not including driveways? Lf so generally describe (indicate whether public or private). No e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Approximately 10-20 per day by residents. g. Proposed measure to reduce or control transportation impacts, if any: None 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so generally desert-be. Slight increase due to 3 new homes b. Proposed measures to reduce or control direct impacts on public services, if any: None 10 16, Utilities a. Underline utilities currently available at the site: electric~W~ natural gas~ water,, refuse service~ telephone, sanitary sewer, septic system, other (storm sewer). b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the mediate vicinity which might be needed. Already existing 17. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its dec.ion_ Date Submitted: 5;~- 7- Z6t~ T 11 Jul O1 03 03:3Bp Engineering Division 3S0-47B-S398 p.2 July 1, 2003 Solid Seven Construction Inc. Atto: Bill Bakker P.O. Box 2788 Bremerton, WA 98310 CONDITIONAL WATER AND SEWER AVAILABILITY TAX LOT #112401-2-151-2006 and 112401-2-151-2007 ........ In response to your application for utdity services, the City of Brernerton is pleased to advise you that your project is situated within the City's Utility service area. The Utility has facilities and adequate capacity and supply to provide sewer and water service to your proposed project. The requested services are conditionally available to this project as follows: Permitted Land Use Service is requested for four (4) single family residences. Availability of utility services is subject to conformance to the City Comprehensive Land Plan and zoning ordinance. Please contact the Department of Community Development at 478-5275 for specific land use information. The proposed project is located in the SE quarter of Section 11, Township 24 N., Range 1 E., Willamette Meridian; Tax Assessor's Lot Number 112401.-2-151-2006 and 112401-2-151-2007 at 3Isth Street in Bremerton, Washington. Any change in this designated land use or properly description will require a new application and render this notice of conditional utility availability null and void. City Water & Sewer Availability Page 1 7'/ Jul 01 03 03:3~p En~ineerin~ Division 3G0-4?B-5398 p.3 Water Service Water service is conditionally available within the 31st Street right-of-way and consists of an 6-inch A. C main located along the north side of this proposed development. The water system pressure is estimated to be 90 potmds per square inch. Bremerton Municipal Code (BMC 15.02.070) reads: "hi the event local conditions result in high pressure (exceeding 80 psi), a pressure reducing valve [a.k.a. pressure regulator] may be required and installed at the expense of the owner. The pressure reducing valve shall remain the property of the property owner who will be solely responsible for its maintenance and operation. (Ord. 4309 §2 (in part), 1991)" .'Wastewater Service Wastewater (sewer) service is conditionally available in the NE comer of this development To access the City of Bremertun's sewer system one stick o£ sewer pipe is required to be connected into the manhole located at the NE comer of this development. Each pressurized private lateral can access this main by a gravity connection and a clean out at the transition from pressure to gravity within the existing easement area. This wastewater system is located in the Pine Road Basin. Submit plans and specifications o£the sewer main extension stamped by a professional engineer to City Engineering for review and comment. The City will issue a Public Works Project perm& before commencing conslruction. ~" - .... Storm Management The City of Bremerton Stormwater Management Program is dedicatod to modifying the flow rate to prevent flooding, and improving the quality of stormwater that flows into Puget Sound. City Ordinance requires adherence to the Stormwater Management Manual for the Puget Sound Basim Temporary erosion and sediment control Best Management Practices ([iMPs) shall be enacted 6n all building sites. Land Use and Development Standards Compliance Availability of utility services shall be subject to compliance with the following: City of Bremerton Comprehensive Land Use Plan; and the City's development, city street, and subdivision standards. Water and Sewer Hook-up Development of the proposed project and connection to the Utility System shall be completed tn accordance with the Department of Utilities Development and Construction Standards, APWA/DOT Specifications, AWWA Standards, and Title I5 of the Bremerton Mtmicipal Code. Cily Water & Sewer Availability Page 2 Jul 01 03 o3:36p Engineeping Division 360-4?8-5388 Payment of Assessments and Fees Payment of applicable assessments and connection fees will be required pursuant to Title 15 and the formalization of a Utility Service Agreement will be required prior to construction. Utility services for the conditions stated herein shall be limited to 180 days fi.om date of approv'al unless a Utility Service Agreement with the City is executed prior to that time. Should you have any questions, please contact this office at 478-2325 for assistance. We look forward to working with you in providing these services for your project. Very truly yours, APPROVED: Paul Wandling Engineering Technician IV Civil Engineer II THIS LETTER IS NOT BINDING UNTIL ALL CONDITIONS ARE MET AND ACCEPTED BY THE CITY OF BREMERTON. City We[er & Sewer Availability Page 3 BR£H£RTON CITY OF AGMT $13,88 Kitsap Co, WA Filed for Record at Request of: ~en Recorded Re~ to: N~e; Ci~ Clerk Ad.ess: 239 Fo~h S~eet Breme:on, WA 98337 Document Title: Improvements A~reement (without bond) Project Name: Churchman Short Plat Developer Name: Morris Churchman Location: 205 E 31st Street Tax Parcel #: 112401-2-120-2005 Abbreviated Legal A portion of the NW ¼ in Section 11, Township 24 North, Range 1 East Description: Government Lot 1 Lot B of short Plat NO. 6513 as recorded in vol. 10 page135 of Short Plats, Auditor's File NO 9402110149, records of Kitsap County, WA. IMPROVEMENTS AGREEMENT WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not limited to curbs, gutters, and sidewalks, street lights, street widening and stormwater improvements, as a condition for plat, P.U.D, or building permit; approval; and WHEREAS the undersigned, as owner of real property within the City of Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter "Premises") has made application for Short Plat which requires a Frontage Improvement Agreement for future fi'ontage improvements according to PS00-0028. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremertun (hereinafter "City"), in consideration of the City's approval of Owner's project and the mutual covenants set forth herein, the parties do hereby promise and agree as follows: 1. Local Improvement District. Owners, by signing below, grant to the City of Bremerton a Limited Power of Attorney to include this Agreement as Owner's consent to the formation of a Local Improvement District under RCW Ch. 35.43 for the construction of improvements on or abutting said property as described in Exhibit "B" encompassing all or part of the property described in Exhibit "A", as part of any Notice of Petition or Resolution presented to or by the City, for the purpose of performing any of said improvements. Owner agrees not to sign any petition to defeat a Local Improvement District formed by the use of tiffs Limited Power of Attorney, except the Owner may protest the special benefit to the Premises. This Limited Power of Attorney is irrevocable. 2. Construction of Improvements. Upon the City's decision to have the improvements subject to this agreement constructed by the Owner rather than through a Local Improvement District, or the City's inability to form a Local Improvement District, the Owner shall construct those improvements, described in Exhibit "B", as directed by the City within six (6) months of notification by the City to construct said improvements, unless an alternative time has been mutually agreed upon. If the Owner fails to construct said improvements within the time described above, the City shall have the authority to construct said improvements and the costs of construction shall be assessed against the Owner and filed and recorded as a lien on the Premises under procedures for a mechanic and matedalman's liens. 3. Covenant. The undersigned further agrees that this Agreement and the promises made herein constitute a covenant running with the land and shall be binding upon the undersigned and their heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Auditor. 4. Standards. Owner agrees to construct said improvements in compliance with City standards in effect at time of construction. 84/84/2882 83:55? BREMERTON CITY OF AGMT $13.88 Kitsap Co, WA 5. Permits. Owner shall obtain a Right-of-Way permit from the City for all work performed within the City Right-of-Way. Owner shall also obtain all other permits required to complete the improvements. OWNER(S): Lillian Churchman n Morris Churchman STATE OF WASHINGTON) : SS. COUNTY OF KITSAP ) _ On this,day personally appeared before me ~t']/l~/q f~.~lOf'~'?m,-9/9 and /V~Ot"~'I~ ~/~OFt"J')~T?~t9 , to me known to be tl{e m~liwdua~(s) deslcnbed m and wino executed the wit~i'n~ foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN un~~tf/.~/.cialseal this2~/q day of /~ ,2002. ','x/..'" ~' ....... kkGv.,~'~ N&ary Publ{c /n /md for t~.~tate o~f / Washington, residing at:~/~ My appointment expires: ~./15,/0~ CITY OF BKEMERTON ACC~ W. EUGENE SAMPLEY, P.E. DIRECTOR OF PUBLIC WORKS & UTILITIES BRD1ERTON CITY OF 8GY'IT $13.8{~ Kit~ap Co, H~ EXHIBIT A Lot B of' Short Plat biO. 6513 as recorded in volume 10 page 135 of Short Plats, Auditor's File NO. 9402110149/0150. Being a portion of Government Lot 1 in the northwest quarter of the northwest quarter, Section I 1, Township 24 biorth, Range 1 East, W.M., Kitsap County, Washington. Together with easements as depicted on the short plat. £xcept £or that conveyed to the City of Bremerton £or right of' way under Auditor's File NO. 200111300531, records of' Kitsap County, Washington, described as follows: the north 30 £eet of the east 123.63 feet of. above described Lot B, Short Plat biO. 6513. 6R£M£11TOH CI~ 0~" A~MT $~.~6 Kitsap Co, WA EXHIBIT B Frontage Improvements to include street lighting, curb, gutter, sidewalk, and associated storm conveyance piping. BREM£RTOH CITY OF AO~IT $13.B8 Kitsap Co, ~IA 96068kL1DNOBND 3011 Pawnee Drive Bremerton, WA 98310-6813 June 5, 2003 Department of Community Development ATTN: Robert Grumbach, Current Planner 286 4th Street Bremerton, WA 98337 To Whom It May Concern: RE: Amend short plat No. PI01-0014 to divide 2 lots into 4 lots 205 and 211 East 31~t Street, 100 feet west of Pawnee Drive Solid Seven Construction, Inc. This letter is conceming the proposed application involving the above property development. Because our property is within 300 feet of the property indicated above, we do have some concerns regarding any future development and/or changes and we are opposed to dividing the 2 lots into 4 lots. Our concerns include: 1) Impact of increased density/traffic. Our street, which connects directly to E. 31st Street, is already greatly affected by traffic which not only includes that of property owners off 31~t, but also from traffic "cutting through" from Tracyton Blvd., up 31% down Pawnee, and visa verse. We are concerned that an additional 4 more homes in this area will add to the ever-increasing traffic through our area. Considering the fact that 31~t is a one-lane road, any additional traffic would be a nuisance. Already cars travel too fast up and down Pawnee Drive. Safety should be considered - there are several children who ride bikes, etc. on E. 30t~ Street - and cars traveling too fast down Pawnee must make a sharp turn onto E. 30th' We do not believe that widening E. 31st to 2 lanes is the answer to this problem. 2) Drainage/run off problems. Our home is situated on one of the lower lots on Pawnee. We always have had quite a lot of run off water from higher lots. Each time there is new construction or development changes above the lower lots, it does seem to create run off differences. 3) Obstruction of view. We have enjoyed a 180-degree view from our property that includes a great view of the Olympics. This feature adds immeasurable value to our lot. Any obstruction of this view by new homes, even though they would be quality homes, would potentially create a large impact on selling our lot/home in the future. This is quite a concern to us - we do not want to lose the luxury of our view as it now stands. Any development that impedes this view would be detrimental not only to us but also to several adjacent property owners. -continued- Page 2 Leo & Margaret Maki 3011 Pawnee Drive Bremerton, WA 98310~6813 June 5, 2003 While we certainly understand and expect changes will occur with each new property owner, we believe the concerns we have listed are important and deserve to be considered in detail. We "cannot stop progress", so to speak, but we certainly hope that the integrity of our existing community and neighborhood of homes will be maintained with the lowest impact possible to existing homes and property owners, which is only fair and equitable. We strongly feel that over-development and too many subdivisions of lots are a detriment to value and not favorable to the quality and future of either our city or county. While we realize we missed the first "deadline" for comments, we have been made aware that there will be a public hearing conceming the proposed subdivision application and public concerns will be addressed. Therefore, this letter is being submitted for consideration in the above-named proposal. Sincerely, Margaret L. Maki /' -- Page 1 1 obe~t Grumbach - PL03-0017 From: "Robert Hubert" <mikeyhl@earthlif~k.net> To: <rgrumbach@ci.bremerton.wa.us> Date: 6/1/03 7:26PM Subject: PL03-0017 Dear Mr. Grumbach, RE: Notice of a Land Use Action PL03-0017 My wife and I are concerned about the desire of Solid Seven Construction, Inc. to amend short plat No. PL01-0014 to divide two lots into four lots. We bought our home about 20 months ago. Among those characteristics we found desirable, and for which we were willing to pay the asking price was the views of the Olympics. Anytime you buy a home, you need to recognize that adjacent property may be developed. We hold no issue with Solid Seven Construction being able to do such. Our issue is that by permitting the division of the plat into four instead of two building sites, increasing the building density on the plat, it is more likely that we will lose our view. We believe that such a loss would reduce our property value and therefore believe that granting an amendment would be a violation of the intent of the city to provide a just system by which our community is developed. Our house represents our primary asset and investment as well as that immeasurable value, "home." Reducing or eliminating our view would harm all three. We urge the city to thoughtfully consider the integrity of the relationship between the current homeowners adjacent to PL01-0014 and the city of Bremerton to protect our properties. If assurances can be made that four homes will have no greater risk of harming our view than the two that the plat is currently approved to hold, we would accept the inevitability of a landowner to develop their property in balance with the impact on the rights of those around him/her seeking to avoid harm to their own. For your consideration. Robed & Suzanne Hubert 3015 Pawnee Drive Bremerton, WA 98310 DATE SUBMITTED: July 23, 2003 BiLL # 03 - 1 ~7 AGENDA BILL CITY OF BREMERTON ~"~ m. CITY COUNCIL SUBJECT: Resolution No. ~2qOl Committee Meeting Date: 8/12/2003 Authorizing the City to Receive Three State COUNCIL MEETING Date: 8/20/2003 Revolving Fund Loans. Department: P,W.~U, Engineering Presenf~Xtl:fiomas Knuckey Phone: 473-2376 SUMMARY: The City applied for and received awards for two State Revolving Fund (SRF) Loans (No. L0400003 and No. L0300034) for Design and Construction of CSO Reduction Improvements in the Pacific Avenue Basin totalling $1,250,000; and one SRF loan (No. L0400004) in the amount of $200,000 to perform an Inflow and Infiltration Study in the Anderson Cove Basin. State regulations require an approved resolution to receive these funds. ATTACHMENTS: Resolution No. ~L~ (~ [ FISCAL IMPACTS (Include Budgeted Amount): Adequate funds would not be available to complete CSO Reduction Improvements required by federal consem decree APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR:FINANCE DIRECTOR: FISCAL/BUDGET: c~-(:~?c5..:~..~ ........ ' CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to pass Resolution No. o~qO / authorizing the City to receive SRF Loans No. L0400003, L0300034, and L0400004, and authorize the Mayor to finalize and execute the loan agreements. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2003, SRF Loans, 8-03 ~' RESOLUTION NO. ~:~C~ ~) i A RESOLUTION of the City Council of thc City of Brcmcrton, Washington, approving two State Revolving Fund Loans (SRF) for Design and Construction of CSO Reduction Improvements in the Pacific Avenue Basin; and one SRF Loan to perfom~ an Inflow and Infiltration Study in thc Anderson Cove Basin. WHEREAS, the Department of Ecology, a Washington State Agency, has established a State Revolving Fund (SRF) for providing financial assistance for a portion of the cost for Design and Construction of CSO Reduction Improvements in the Pacific Avenue Basin; and to perform an Inflow and Infiltration Study in thc Andcrsun Cove Basin; and WHEREAS, thc City of Brcmerton desires to participate in thc loans from said SRFs; and WHEREAS, a requirement to participate requires a resolution of thc governing body authorizing thc City of Brcmcrton to receive said SRF loans; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Thc City of Bremerton desires to participate in the SRF Loan Program. SECTION2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton to receive three SRF Loans and to take such other actions as are necessary and relevant to the SRF Loan Program. SECTIONS. 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. SECTION4. 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:\LEGAk\Resolutions\SRF Loans-Pacific Ave Basin and Anderson Cove Basin doc 1 SRF - Pacific Avenue Basin and Anderson Cove Basin DATE SUBMITTED: July 22, 2003 BILL AGENDA BILL CITY OF BREMERTON q~ CITY COUNCIL SUBJECT: Resolution Requesting Committee Meeting Date: August 20, 2003 Termination of Economic Development COUNCIL MEETING Date: August 12, 2003 Administration Grant Award No. 07-01- Department: PW& U/Engineerim~ 03791 Presenter: G. Sampley Phone: 473-7255 SUMMARY: The City is unable to realize all available grant funding for development of the West 650 Zone Projects. The attached resolution requests that the US Department of Commerce, Economic Development Administration (EDA) terminate Grant Award No. 07-01-03791 on September 8, 2003, for the convenience of the City and the EDA. If this action is not approved, grant termination will occur automatically by default on the same date, resulting in loss of EDA funds in excess of $500,000 already received, and to be received, by the City. ATTACHMENTS: Resolution No. c~- qOoh~. FISCAL IMPACTS (Include Budgeted Amount): Without passage, loss of $500,00 to $600,000 in EDA grant funds from the West 650 Zone Projects, and loss of $385,000 in EDA grant funds already expended on the Wemer Rd./Kean Street storm drain project. APPROVALS: //~ DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~.., FISCAL/BUDGET: ~-c.~.~-'J~''~7;:''.,~? CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve Resolution No. ~ ~ 0~. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action RESOLUTION NO. ~' q 0 19- A RESOLUTION of the City Council of the City of Bremerton, Washington, requesting that the US Department of Commerce, Economic Development Administration terminate Grant Award No. 07-01-03791 for the convenience of the City and the United States. WHEREAS, the City accepted Grant Award No. 07-01-03791 from the government of the United States; and, WHEREAS, due to actions of third parties beyond the City's control, the City may not request all available Grant funds before expiration of the Grant term. Accordingly, the City will forfeit funds previously paid to the City pursuant to the provisions of the Grant award if the Grant Award is not terminated for the mutual convenience of the United States and the City; and, WHEREAS, the City wishes to terminate said Grant Award; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Bremerton Washington (City) does hereby request the United States Department of Commerce, Economic Development Administration (EDA) to terminate Grant Award No. 07-01-03791 for the mutual convenience of the United States and the City. SECTION2. That the City hereby requests that said termination shall become effective on September 8, 2003. SECTION 3. 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. SECTION 4. 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 Termination of EDA Grant A ward 07-01-03791 APPROVED AS TO FORM: ATTEST: ROGER A. LL~OV!CH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:\LEGAL\Resolutions\EDA Grant Termination.doc Termination of EDA Grant Award 07-01-03 791 07 DATE SUBMITTED: July 22, 2003 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: RESOLUTION NO. o~ ~O3 Committee Meeting Date: August 12, 2003 2004 - 2009 SIX YEAR COUNCIL MEETING Date: AUGUST 20, 2003 TRANSPORTATION IMPROVEMENT Department: PW&U, Engineering PLAN. Presenter: Michael Mecham Phone: 473.5288 SUMMARY: The Six Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Resolution and will be submitted to the Washington State Department of Transportation. ATTACHMENTS: A. 2004 - 2009 Six Year Transportation Improvement Plan B. Supplemental Information C. Resolution No. ~[ g/t7 ~ FISCAL IMPACTS (Include Budgeted Amount): The 2004 - 2009 Six Year Transportation Improvement Plan is a planning tool that is implemented through the annual Capital Improvement Program. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: F1NANCEMAYOR: DIRECTOR: ~_~~ FISCAL/BUDGET: OPEILATIONS: ~¢~ ~. --C CONSENT AGENDA [] COUNCIL PRESDENT: RECOMMENDED MOTION: I move to approve Resolution No. :~ ~Io3, which approves the City's 2004 - 2009 Six Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2003, Six Yr TIP, 8-03 qo E I ~ ~ i~ ~'~ '~1 ~ ~ ~ r I I I .,"..~,.,~ I~ ~ ~. I~ ,,I~ .- E~~ ~ ATTACHMENT B - Supplemental Information July 22, 2003 AGENDA BILL - 2004-2009 SIX YEAR TRANSPORTATION IMPROVEMENT PLAN The following provides additional clarifying information regarding several of the projects contained in the City of Bremerton 2004-2009 Six-Year Transportation Improvement Plan (TIP): 1. Downtown Pedestriau/BTC Access Improvements This project's inclusion in the 6-year TIP is a necessary step in qualifying and securing funding for the project to allow studies and design to proceed. The source of the City's match for all phases of the project has been identified as the Ferry Toll Match funds administered by WSDOT. With this commitment, no City funds will be required to satisfy the project match requirements. As a contingency, various other funding sources are being examined including Transportation Improvement Board (TIB) funds. Additional discussion with the City Council on this issue is continuing. 2. Warren Ave. Off-Ramp The project is included as a key transportation element in the "Harrison District Plan", which was adopted by Ordinance ~4572, effective 10/30/96, and incorporated into the Bremerton Comprehensive Plan. The primary project objective, as identified in the plan, is to improve access to the Harrison District, with a focus on improving emergency access to Harrison Hospital. The Plan was adopted with significant input from the public and key stakeholders including Bremerton Fire and Rescue. In response to a City Council inquiry, the Department of Public Works is estimating anticipated traffic volumes on the proposed ramp, and is assessing the effects of this traffic on existing driveway access to Callahan Drive. The results of this analysis will be provided to the City Council by August 31, 2003. The Department is available to present this information at Council District meetings. 3. State/Burwell Pedestrian Issues The Department of Public Works and Utilities will commission a study in 2004 by an independent consultant to examine pedestrian and safety issues at the intersection of State Street and Burwell Street. The study will include an analysis of existing signage, traffic and pedestrian operations, and will include recommendations on what, if any, engineering improvements can be made to the intersection. The study is expected to cost $5,000- $10,000. Although not specifically identified in the TIP, this study will be included in the "Miscellaneous" planning and budget line item. RESOLUTION NO. ~,0~ 0 ?) A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2004 - 2009 Six Year Transportation Improvement Plan. WHEREAS, after proper notice, the City Council of the City of Bmmerton held a public heating at the regular meeting of the City Council at 5:30 p.m. on July 16, 2003, to consider public testimony on the City's proposed 2004 - 2009 Six Year Transportation Improvement Plan and, having considered public testimony to the Plan and in accordance with the provisions of RCW 47.80; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. The 2004 through 2009 Six Year Transportation Improvement Plan, set forth in Exhibit "A" attached hereto and herewith filed with the City Clerk, is hereby adopted. SECTION2. Severability. 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. SECTION 3. 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\Resoluti~s~SIX YEAR TIP-2003 .RES.doc 1 Six Year Transportation Plan